“Without new experiences, something inside of us sleeps. The sleeper must awaken.”

Frank Herbert

Terms and Conditions

Please read the terms & conditions of Manaaki Adventures NZ carefully before submitting your online booking application form. By clicking on the box besides the words “I have read and agree to the Manaaki Adventures NZ legal terms and conditions” in the online booking application form, you agree and confirm that you:

  • have arranged suitable travel insurance;
  • have the authority to enter into this contract; and
  • accept the following terms and conditions.

Upon receipt of confirmation from Manaaki Adventures NZ that your booking has been approved and confirmed, a legally binding contract is formed between the parties on the following terms & conditions:

 

  • Definitions & Interpretation

 

Manaaki Adventures NZ” means Manaaki Adventures Limited, a duly incorporated company under the provisions of the Companies Act 1993, including its directors, employees, agents, representatives and Tour guides;

Meeting Point” means the place specified by Manaaki Adventures NZ in the Tour itinerary as the location we will meet and start your Tour;

Participants” means those persons participating on the Tour;

Start Date” means the date on which you board our transport at the Meeting Point;

Tour” means a tour, event or trip organised for Participants by Manaaki Adventures NZ; and

We” are Manaaki Adventures NZ.

A reference to:

  • these terms & conditions includes any schedules, annexures and all documents incorporated by reference into it;
  • dates and times are based on New Zealand Standard Time;
  • dollars or $ is a reference to New Zealand dollars;
  • monetary amounts are, unless otherwise expressly stated, exclusive of GST; and
  • a provision of these terms & conditions must not be construed to the disadvantage of a party merely because that party was responsible for the preparation or the inclusion of the provision in these terms & conditions or would otherwise benefit from it.

 

  • Understanding of English

 

Each Participant is responsible for ensuring he or she understands the instructions provided by Manaaki Adventures NZ or any Tour guide or operator, or where necessary, asking for clarification or seeking the services of a translator.  

 

  • Booking

 

Each Participant must submit an application in the form and with any accompanying materials prescribed by Manaaki Adventures NZ.

Where a group of ten or more Participants are participating with Manaaki Adventures NZ, the group leader must register ahead of other group Participants in order to secure the requested Tour dates and plans. Group Participants’ must then apply and register no less than sixty days’ (60) before the commencement of the Tour. Unless otherwise agreed by Manaaki Adventures NZ, group Participants’ who register within sixty days’ (60) before the Tour start date may be excluded from the Tour.

Once you have received confirmation, it is your responsibility to check that the Tour information and booking details, as stated, are correct. Should

there be any corrections, please notify us within seven (7) days, a failure to do so may incur additional charges.

 

  • Itineraries

 

Tour itineraries are subject to alteration without notice and are intended as a guide only. Alterations to itineraries may be required due to events beyond the control of Manaaki Adventures NZ, such as adverse weather conditions, strikes, public holidays, local festivals and cultural or other reasons. Due to the nature of the terrain and remote areas, weather fluctuations can adversely affect the safety of Participants, and the conditions in which activities are undertaken. Accordingly, we may be required to alter itineraries with little or no notice. The Participant must bear its own costs incurred arising out of or in connection with any change to the itinerary, including incidents of force majeure.  Accordingly, we cannot guarantee the exact arrival and departure times for carriers and operators used by Manaaki Adventures NZ during the Tour and we will not be liable for failure of any other services or attractions beyond our reasonable control.

Despite this, where changes to the itinerary are made we will endeavour to keep you informed of any such change within a reasonable time. Where a planned activity is cancelled due to events beyond the control of Manaaki Adventures NZ, we will be not be responsible for refunding any portion of the Tour costs to the Participant. We will however take reasonable actions to mitigate your losses and endeavour to provide a reasonable alternative activity.

 

  • Accommodation

 

The majority of accommodation will be in backpacker lodges or camping grounds. We will discuss your exact accommodation requirements when you have made a booking, but please note: We reserve the right to change accommodation to match the standard and description of accommodation stated on our Tour itinerary. Participants may be required to share accommodation with another member of the same gender (under no circumstances will minor Participants be allowed to share rooms with a person of the opposite sex). However, please note that Participants may be required to share bathroom facilities.

 

  • Travel

 

Unless otherwise agreed, each Participant is solely responsible for arranging and paying for their own travel (airfares or other transport costs) to and from New Zealand. Accordingly, it is the responsibility of each individual Participant to carry all necessary documents and insurances when traveling abroad. While we may advise the Participant on required travel documentation, the Participant is responsible for any specific passport, visa or international travel requirements which may necessary for the purposes of participating on the Tour. The Participants should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility if the Participant cannot travel because he/she has failed to comply with any passport, visa or immigration requirements.

Upon agreeing any Tour with Manaaki Adventures NZ, you authorise Manaaki Adventures NZ to register your travel details with the Ministry of Foreign Affairs and Trade via the New Zealand Government website: www.safetravel.govt.nz/register-your-travel.

 

  • Baggage Restrictions

 

Within New Zealand travel, each passenger is typically entitled to take one case, the sum of its length, width and depth not to exceed 160 cm (63 inches), weight limit 20 kilos along with a small day pack. Airlines generally permit only one cabin bag per person, in which personal items such as cameras, make-up etc should be carried. Please note confirmation should be sort from each airline provider as to their specific requirements.

With regards to baggage restrictions, Manaaki Adventures NZ operates in a similar fashion to New Zealand airlines and will not accept carriage of excessive gear. If a Participant is concerned they may have gear in excess of the above limits, we recommend contacting Manaaki Adventures NZ before the Tour commences.

Transportation and storage of Participants baggage and goods is at the ‘owner’s risk’. Most airports, hotels & hostels offer storage services for additional luggage. We have to work within the restrictions laid down by any carrier we use. Policies vary from one carrier to another and from time to time. If a Participant has an unusual requirement, perhaps for medical reasons, please contact us at least 15 days before departure and we will endeavour to assist your needs.

 

  • Insurance

 

We do not provide Participants with insurance of any kind. Travel insurance is mandatory for each Participant, and the Participant must purchase this prior to departing on the Tour. The Participant is solely responsible for evaluating and determining the type, extent and levels of any insurance coverage they need or desire for their planned travel period. However, it must cover the entire term of the Tour.

Travel insurance should be obtained not only against normal travel risks, but against additional risks appropriate to the activities undertaken on your Tour. You should check that your cover includes accidents happening whilst you are a passenger in a vehicle. Additionally, we recommend you ensure that any valuable equipment (including cameras) is covered by either your travel policy or home and contents policy.

 

  • Agency

 

Any agency representing a Participant is independently responsible for forwarding booking confirmations and other payments to Manaaki Adventures NZ on the Participant’s behalf.

We are not responsible for the actions or inaction of this agent for the purpose of receipt of monies. Accordingly, receipt of booking confirmations and subsequent payments by any agent will not constitute receipt of those monies by Manaaki Adventures NZ and the agency has no authority expressed or implied to receive monies on Manaaki Adventures NZ’s behalf.

Payment of a Participants Tour costs will be deemed complete upon Manaaki Adventures NZ receiving satisfactory evidence of receipt of cleared funds into their nominated account.

Not all Tour activities are operated by or under the control or direction of, or on behalf of Manaaki Adventures NZ. All optional activities not included with the itinerary are an additional cost to the Tour costs and by taking bookings for these tours, Manaaki Adventures NZ acts as agent for and on behalf of these independent operators which include without limitation hoteliers, airlines and optional tour excursions etc. Whilst we take all reasonable care in selecting these operators, we accept no responsibility for the operators’ conduct or the conduct of their representatives, employees or agents or for any liability arising from the same.  

 

  • Participation and Behaviour

 

Information will be provided to the Participant by Manaaki Adventures NZ detailing:

  • the itinerary of the participant’s tour;
  • location and time of meeting at the meeting point;
  • any equipment and clothing recommendations or requirements; and
  • any important details relevant to a particular site which participants may visit.

Please note, most Tours require a reasonable level of physical fitness. Accordingly, Participants must be of reasonable health and fitness and carry all required medication with them at all times.

Manaaki Adventures NZ must be advised of any prior medical conditions at time of booking.

You agree to behave and conduct yourself appropriately, treat staff, Tour operators, fellow Participants and others with respect at all times.

 

  • Ability

 

Where a Participant indicates that he/she either has “poor” or “some” ability in any given field or class of activity, then he/she may be required to complete an introductory lesson. Conversely, if a Participant indicates that he or she is of “competent” or “very good” ability in any given field or class of activity, the Tour operator or guide may waiver the requirement for that Participant to undertake an introductory lesson. This process is designed to ensure that Participants are as safe and competent as possible during Tour activities.

 

  • Participant Ejection

 

If, in the reasonable opinion of Manaaki Adventures NZ, a Participant:

 

  • acts in a manner which we deem is reasonably likely to cause accident, injury, discomfort or harm to either himself/herself or another Tour Participant;
  • is medically unfit or lacks ability to continue the Tour;
  • is involved in a serious disciplinary incident;
  • engages in action or behaviour which is likely to bring Manaaki Adventures NZ’s reputation or brand into disrepute,

 

we will take action to as we deem reasonably necessary to protect the health, safety or enjoyment of other Participants on the Tour. This may include the Participant’s instant dismissal or ejection from the Tour.

 

  • Tour Costs

 

Details of our Tour costs are provided upon application by the Participant.

Acceptance of a Participant’s entry to a Tour is conditional upon:

  • payment of a 10% non-refundable deposit of the total cost of the Tour upon confirmation of acceptance by Manaaki Adventures NZ; and
  • 100% of the total cost of the Tour at least 30 days prior to the commencement of the Tour. We will advise the final date for payment after confirmation and acceptance of your booking.
  • Confirmation of acceptance of the terms set out within the release and waiver form from each Participant or their legal guardian; and
  • Completed medical/booking form; and
  • Provision of suitable evidence of travel insurance.

A Participant’s placement on a Tour is not confirmed until the above conditions have been satisfied.

Any Tour enrolments received less than four weeks prior to the departure date must be accompanied by payment in full at the time of booking. If payment is not received at least 30 days prior to the commencement of the Tour, Manaaki Adventures NZ reserves the right to treat your booking as cancelled, subject to any terms herein described.

 

  • What Do My Fees Pay For?

 

Tour costs, ongoing support from Manaaki Adventures NZ staff, program marketing costs, information pack, administration costs, airport pick-up, orientation, program supervision, planned accommodation and meals during Participant program period, in-country 24/7 Participant support, all domestic flights (unless stated otherwise in any forms of advertising).

 

  • What Additional Costs Will I Have?

 

All costs incurred before you board transport at the Meeting Point and after you return to the departure point, including but without limitation to:

  • Visa and Passport costs;
  • International flights;
  • Travel insurances (mandatory);
  • Vaccinations, medication, before, during and after the Tour;
  • Souvenirs;
  • Optional activities;
  • Spending money;
  • Gratuities you choose to give;
  • Hireage of personal clothes and gear for activities or general travel.

If we deem medical assistance is required to be administered to any Participant to protect the health and safety of any Participant, we may administer or authorise any such assistance on the Participant’s behalf. The Participant indemnifies Manaaki Adventures NZ for all costs and expenses incurred by Manaaki Adventures NZ in providing or facilitating provision of such medical assistance. Manaaki Adventures NZ will use its reasonable endeavors to retain evidence of all costs incurred in administering assistance and the Participant must repay such costs to Manaaki Adventures NZ immediately upon demand.

 

  • Payment Type

 

All payments to us may be made by either:

  • Website online payment – PayPal;
  • Bank Deposit – Full details to be provided at the time of booking. We take account of your deposit on the day it arrives in our account.
  • Cheque – payable to Manaaki Adventures Limited. We shall take account of your cheque on the date it is cleared into our account.

Tour costs paid through Manaaki Adventures NZ by means of online payment, bank or wire transfer will need to have transaction costs covered by the Participant. Failure to make this payment can result in a loss of Participant placement with no refund of registration fee. Tour costs payments may attract a 5% transaction fee charge to cover PayPal fees (where applicable), bank fees and currency conversion charges. In accepting these terms, you agree that all these provisions are reasonable.

 

  • Cancellation by Manaaki Adventures NZ

 

A minimum number of Participants are required in order for a Tour to be deemed financially viable by Manaaki Adventures NZ. In the event that adequate numbers cannot be achieved, it may be necessary to cancel a scheduled departure and to offer the nearest possible alternative date.

We will endeavour to provide the Participants with at least four weeks’ notice of cancellation prior to the scheduled departure date.

In the event we cancel your Tour for the aforesaid reasons, we will refund your deposit in full including any other Tour costs we have receipted from yourself.

 

  • Refund Policy

 

Compared to similar companies that provide comparable experiences and service opportunities, we believe we are reasonably priced. Please note however, that we are not able to provide a total refund policy.

Instead, the Tour costs are refundable on the following terms:

  • 42 days’ or more prior to the Tour’s planned commencement date: 90% refund of total Tour cost per person.
  • Between 29 and 42 days prior to the Tour’s planned commencement date: 50% refund of total Tour cost per person.
  • Between 15 and 28 days prior to the Tour’s planned commencement date: 10% of Tour cost per person.
  • 14 days prior to the Tour’s planned commencement date: 0% of Tour cost per person.

The above dates refer to the date that we receive notice of cancellation from you. If circumstances force you to leave the Tour early, you will have to bear any additional costs yourself. If you are prevented from joining the Tour, you may at the discretion of Manaaki Adventures NZ, transfer your place to another person, provided this person meets any conditions which may apply to the booking and that we are informed of the transfer not less than 28 days prior to the Tour’s commencement date.

Where your Tour is terminated for reasons of ill-discipline or poor behavior, the Tour costs will not be refunded.  

Subject to any terms and conditions herein described, all refunds will be made less the costs incurred in processing the refund such as bank and transaction fees and a Manaaki Adventures NZ processing fee of NZ$149.

Requests for Tour costs refunds must be submitted by email to Manaaki Adventures NZ no less than 30 days after the date for commencement of the Tour. Once the Participant’s refund request has been received by Manaaki Adventures NZ, the Participant will be notified via email. If no contact is made within 5 working days, the Participant should assume that the request has not been received. In this instance the Participant is advised to contact Manaaki Adventures NZ by telephone.

Manaaki Adventures NZ reserves the right to revise the Tour costs at any time. All Tour costs revisions will be made in writing to the group’s leader or individual Participants.

 

  • Personal Risks and Exclusion of Liability

 

In addition to those exclusions of liability set out within the release and waiver form, which form part of these terms & conditions of service, the Participant acknowledges and accepts the responsibilities and risks associated with their travel to, and the activities undertaken whilst in, New Zealand as part of their Tour.

Such travel and Tour activities can often be hazardous and involve a certain degree of risk, inherently dangerous activities and personal perils to the Participant, both foreseen and unforeseen, all of which are fully accepted by and solely assumed by the Participant. To the maximum extent permitted by the law, Manaaki Adventures NZ does not accept liability for any loss or harm the Participant or associates may suffer, including but not limited to loss caused directly or indirectly by:

  • Personal injury;
  • Emotional injury;
  • Death;
  • Illness or disease;
  • Damage to, theft or loss of property;
  • Natural disasters;
  • Hostage situations; or
  • War or terrorism.

Notwithstanding anything else contained in any agreement, the liability of Manaaki Adventures NZ to the Participant shall not in aggregate exceed 50% of the amount of the Tour fee paid by the individual Participant.

 

  • Indemnity

 

To the maximum extent permitted by law, the Participant indemnifies Manaaki Adventures NZ against any claim or from any liability (and releases Manaaki Adventures NZ from and waives all claims against them) arising out of, in relation to or in connection with (whether directly or indirectly):

        • Any loss or expense associated with the Participant’s travel to, and the activities undertaken whilst in, New Zealand as part of their Tour with Manaaki Adventures NZ
        • The loss of or any damage to any property owned, controlled, hired or supplied by:
          • any Participant; and
          • Manaaki Adventures NZ or its chosen operators, but in this case only to the extent such loss or damage is caused or contributed to by an act or omission (whether negligent or otherwise) of any Participant; and
        • Any personal injury, illness, disease or death of any Participant.

 

  • Drug and Alcohol Use

 

The Participant must abide by any rules put in place by Manaaki Adventures NZ’s concerning the consumption of alcohol during any Tour. Drug use (unless prescribed by a doctor) is strictly prohibited and will result in instant dismissal from the Tour with no refund. 

 

  • Intellectual Property and Publicity

 

By confirming your booking with Manaaki Adventures NZ, you agree to being photographed and included in the filming of any footage documenting any Manaaki Adventures NZ Tour or event. You hereby grant to Manaaki Adventures NZ a perpetual, non-exclusive, royalty free, irrevocable and unrestricted license to use and publish photographs of you in Tour brochures, advertising, internet and any other marketing material on any medium; to alter the same without restriction; and to copyright the same, save always that Manaaki Adventures NZ, hereby undertakes never to utilise any such photographs in a defamatory manner. You hereby release Manaaki Adventures NZ, and the photographer from all claims and liability relating to or in connection with the rights arising in relation to this provision.

 

  • Privacy Policy

 

Manaaki Adventures NZ and the Participant agree to comply with the terms and conditions set out in the privacy policy document located on Manaaki Adventures NZ’s website. A copy of which can be viewed at  http://www.manaakiadventures.com/privacy-policy/

 

  • Force Majeure

 

Manaaki Adventures NZ has no liability for any lack of performance, unavailability or failure of the services or its website, or for any failure of Manaaki Adventures NZ to comply with these terms and conditions, where the same arises from any incident of Force Majeure.

Force Majeure means any event or circumstance or combination of events or circumstances in respect of a particular Tour, that:

  • is not within the reasonable control of Manaaki Adventures NZ;
  • by the exercise of due diligence and good industry practice, Manaaki Adventures NZ is not able to prevent, overcome or remedy; and
  • causes or results in the prevention or delay of Manaaki Adventures NZ from performing any of its obligations.

For clarity, where an event of Force Majeure occurs, we are unable to offer any refund on your Tour Costs. However, we will work with you to mitigate your costs and provide reasonable assistance.

 

  • Governing Law

 

These terms and conditions and any dispute arising from or in relation to a Tour will be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand Courts.

 

  • Complaints

 

We strive to provide a happy and fulfilling Tour. If you feel that we have not achieved this, or could improve, please raise any issue with your Tour leader immediately. If your complaint cannot be satisfied, or it is not dealt with to your satisfaction at the time of reporting it to the leader(s), then please detail your complaint in writing within 10 days of your return. We cannot respond to verbal complaints.

 

  • Miscellaneous

 

The Participant agrees to comply with Manaaki Adventures NZ’s instructions and directions at all times.

We reserve the right to notify the emergency contact appointed by the Participant in the event that the Participant is dismissed from the program, and in other circumstances deemed appropriate by Manaaki Adventures NZ.

We may contract with other independent operators or contractors to provide the Tour.  You agree that we will not be liable for any actions or omissions of any independent operator.

To the maximum extent permitted by law, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded.

Manaaki Adventures NZ’s website is presented solely for the purpose of promoting Manaaki Adventures NZ services and Tours and those of Manaaki Adventures NZ’s partner organisations. Our site is controlled and operated by Manaaki Adventures NZ from its offices in New Zealand. Those who choose to access this site from other locations do so on their own initiative and are responsible to the extent local law is applicable. We do not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the materials in this site or the result of their use.

To the maximum extent permitted by law, Manaaki Adventures NZ reserves the right to:

  • Change these terms and conditions or the services it offers from time to time;
  • Refuse acceptance to any participant’s application;
  • Remove the Participant from the Tour and terminate this contract without compensation, by giving notice to the Participant.