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Welcome to our terms and conditions they
are made to protect both parties. If you have any queries
do not hesitate to contact us for clarification. A.T.S. is
a brand (trademark) owned by Adventure Travel Specialists
Limited, a company incorporated in New Zealand.
Prices are stated in New Zealand Dollars. They are valid for
the period 1 June 2003 to 31 October 2004. To guarantee your
holiday, full payment of the contract price will need to be
received by A.T.S. at least 60 days prior to the scheduled
commencement date of your tour.
Bookings should be faxed or mailed to the relevant address
given at the bottom of the booking form. You should provide
a contact address, email and or fax number.
A non-refundable deposit of 20% per person is payable at the
time of booking. A.T.S. will confirm in writing all bookings
within seven days of the receipt of your deposit. No booking
will be confirmed until the deposit is received by A.T.S.
Payment of the deposit stated indicates your acceptance of
these booking conditions. A late booking fee may be charged
by A.T.S. if you book your holiday less than 60 days prior
to the scheduled commencement date of your tour, as a result
of the additional expenses that may be incurred by A.T.S.
The balance of the contract price is to be paid to A.T.S.
at least 60 days prior to the scheduled commencement date
of your tour. When a late booking is made, the balance of
the contract price is to be paid at the time of booking.
A.T.S. reserves the right to make an additional charge (in
direct relation to any additional expenses incurred by A.T.S.)
as a result of any amendments you might require to conform
to bookings and travel arrangements This includes late bookings,
where extra costs may be incurred.
A cancellation fee of 10% per person of the contract price
is payable once a booking has been confirmed. This charge
is made to cover the cost to A.T.S. Any booking cancelled
within 30 days of departure may incur additional charges as
a result of cancellation fees payable by A.T.S.
Bookings amended, altered or cancelled after the tour has
commenced will not qualify for any refund in respect of unused
parts of the tour, e.g. lift passes, specific activities etc.
A.T.S. strongly advises that at the time of booking you purchase
a comprehensive travel insurance policy of your choice to
cover any eventuality. A.T.S. further recommends that as a
bare minimum you should at least obtain the following covers:
a. Loss of skiing due to injury or weather
disruptions;
b. Loss of deposit or holiday payment;
c. Personal baggage and loss of money;
d. Loss of holiday time as a result of weather
disruptions.
New Zealand ski fields provide daily snow reports advising
of the snow and mountain conditions on the day.
A.T.S. has tailored each individual tour in order to maximise
the ski days available for each destination. However, A.T.S.
cannot under any circumstances be held responsible for lack
of snow, adverse snow conditions, weather disruptions or any
other unforeseen or uncontrollable disruptions, however caused.
Should any aspect of the tour displease you in any way, please
advise an A.T.S. representative immediately in order for the
matter to be resolved on a timely basis. Our aim is to make
you experience a positive one, one that you would recommend
to others therefore timely complaints are welcomed.
a. A.T.S. expressly reserves the right to
amend, vary or cancel any part of the tour (whether itinerary
or service) for any reason whatsoever. In particular, A.T.S.
expressly reserves the right in its absolute discretion to
utilise hotels, activities or operations or vehicles other
than those outlined in the brochure.
b. Proceedings for damages for death or personal
injury occurring by accident in New Zealand are excluded by
the operation of the Accident Rehabilitation and Compensation
Act 1992 which provides a limited statutory entitlement to
rehabilitation, treatment and compensation in replacement
of common law rights of recovery. In all other cases A.T.S.’s
liability is limited to loss or damage sustained by the tour
participants as a result of its negligence or that of its
employees or agents and is expressly subject to the limitations
imposed by the Carriage of Goods Act 1979.
c. A.T.S. does not accept any liability of
whatever nature for the acts, omissions or default whether
negligent or otherwise of those activities, companies, hoteliers
or any person providing service in connection with the tour
pursuant to a contract between those entities and the tour
participants and over whom A.T.S. has no direct or exclusive
control.
d. A.T.S. does not accept liability in contract
or in tort for any damage, loss, delay, additional expenses
or inconvenience caused directly or indirectly by force majeure
or other events which are beyond its control which are not
preventable by reasonable diligence on its part, including
but not limited to, civil disturbances, fire, floods, war,
adverse weather conditions, acts of God, acts of government
or any other authorities, accidents to or failure of machinery
or equipment or industrial actions.
e. A.T.S. reserves the right to cancel or
withdraw any tour or any bookings made for a passenger or
decline to accept or retain any person as a member of the
tour and further shall be under no obligation or liability
to any person as a result of any inaccuracy, misdescription
or changes to any holiday or its details, or for losses or
additional expenses due to delays of changes in air or other
transport services, sickness, weather, strikes, war, quarantine
or other causes.
f. Baggage and personal effects are at your
own risk throughout the tour, and it is the responsibility
of you to effect your own insurance cover as mentioned above.
g. The land arrangements for each entire
tour as specified in the brochure represents a complete package
of arrangements and an itemisation of costs will not be rendered
by A.T.S.
This agreement is governed by and construed in all respects
according to the law of New Zealand. Each party irrevocably
and unconditionally submits to the exclusive jurisdiction
of the Courts of New Zealand for any disputes or proceedings
arising out of or in connection with this agreement. The parties
unconditionally and irrevocably waive their rights to object
that New Zealand Courts are not the most suitable forum for
all parties interests and the ends of justice and proceedings
relating to this agreement.
This agreement constitutes the entire contract of sale between
A.T.S. and you. No earlier representation, warranty or agreement
in relation to any matter dealt with in this agreement, whether
written or oral, may be relied upon as forming part of this
agreement. No oral explanation or information provided by
A.T.S. or its employees or agents to another affects the meaning
or interpretation of this agreement or constitutes any collateral
agreement, warranty or understanding between A.T.S. and you.
No modification of this agreement shall be valid unless made
in writing and signed by A.T.S. and you.
Bookings are only accepted by A.T.S. on the terms and conditions
as set out in this agreement. A.T.S.’s liability and
responsibilities are limited to what is outlined in this agreement.
Payment of the deposit by you is deemed to be your acknowledgement
of and acceptance of these terms and conditions.
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