Merv’s Chathams Island Tours Terms and Conditions
If you require clarification on any of the points below, please feel free to contact Merv’s Chatham Island Tours. However, no change can be made to these Conditions or Regulations.
Merv’s Chatham Island Tours, in conjunction with Air Chatham and Hotel Chatham, operate regular Chatham Island Tours from various points of departure throughout New Zealand.
Merv’s Chatham Island Tours, uses the sole carrier which is Air Chatham.
All portions and aspects of the tour involving Air Chatham and Hotel Chatham, are covered under their separate Terms and Conditions.
Terms and Conditions
1.0 Terms and conditions
2.0 Definitions
2.1 For the purposes of these Terms and Conditions:
“Baggage” means any of Your property carried on or in conjunction with Your flight.
“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Chatham Island Tours 2014 Limited.
“Services” includes any offer, deal, package, travel experience, tour, or other arrangement provided by the Company.
“Service Providers” includes Air Chatham, Hotel Chatham and other parties associated with this tour.
“Terms and Conditions” (also referred as “Terms” or “Terms of Use”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
“Website” refers to chathamislandtours.nz
“You” and “Yours” means the individual accessing the Website or using the Services, or the company, or other legal entity on behalf of which such individual is accessing the Website or using the Services, as applicable.
3.0 Acknowledgment
3.1 These are the Terms governing Our Website and Services and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website and Services.
3.2 The Service Providers will have their own terms and conditions which will apply in addition to these Terms.
3.3 Your acceptance of the Terms outlined below are required to process Your booking. By accessing the Website You agree to be bound by these Terms and Conditions.
3.4 Your access to and use of the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Services.
4.0 Booking procedure
4.1 Deposit
4.1.1 Upon booking a tour, a deposit of $300 is payable to confirm the booking.
4.1.2 Once you have paid the deposit, We will create the bookings We have agreed to make on Your behalf with the Service Providers.
4.1.3 The deposit is part payment of the price of the bookings that We create for You.
4.1.4 The deposit is 100% refundable up until the full and final payment date.
4.2 Full and final payment date
4.2.1 The full and final payment date is 45 days prior to departure, unless stated otherwise.
4.2.2. After this date Your monies are non-refundable as they will have been forwarded on to the Service Providers. However, You may transfer Your booking to another tour date within 12 months of Your original tour date, or to another person, up until 7 days before departure.
4.2.3 Failure to pay by the full and final payment date, may result in cancellation of Your booking by the Company and no compensation will be payable.
1. 3 Cancellation
4.3.1 Notice of cancellation is required via email.
5.0 Impacts of the COVID-19 Pandemic
5.1 If Services are unable to be performed as a result of the COVID-19 pandemic, all Services will be postponed.
5.2 All fares paid will be held in a credit Electronic Miscellaneous Document (EMD) for 12 months from the date of travel, or refunded where applicable.
5.3 The credit is transferable to another person for travel on any pending tour.
5.4 Our Company is not liable to any passenger who is unable to travel because they do not meet the travel requirements, i.e, they are not vaccinated, or they fail to provide a negative COVID-19 test.
5.5 No passenger shall join a tour with known COVID-19 symptoms.
5.6 If a passenger were to be diagnosed with COVID-19 prior to travel, and has substantiating evidence, a full refund would be available for that person for any monies paid.
6.0 Check-in requirements
6.1 The Company reserves the right to amend timetables, cancel departures, substitute plant and equipment, amend specials or offers and alter ticket prices at any time.
6.2 Passengers must be checked in at the Traffic Counter at least 45 minutes prior to scheduled departure time for the Chatham Island flights. This is to enable compliance with regulatory requirements and to ensure timely service.
6.3 Travel is ticketless. Every booking is automatically allocated a unique reference number for booking confirmation.
6.4 At check-in, each passenger must present an acceptable form of identification which matches the name on the booking, along with any checked Baggage. The following forms of identification are considered acceptable:
6.4.1 Current/valid passport (mandatory for non-New Zealand visitors)
6.4.2 New Zealand Government issued Photo Identification
6.4.3 New Zealand Driver’s Licence
6.4.4 New Zealand 18+ Card
6.4.5 Original Birth Certificate
6.4.6 A certified true copy of the above.
6.5 Passengers requiring medical clearance must present a completed medical clearance form at the airport.
6.6 Evidence of age may be required for those travelling on child fares as applicable.
6.7 A confirmation of Your booking is available on request for Your records.
6.8 Your booking may be cancelled if you arrive at the check-in location later than 45 minutes prior to the scheduled departure time for Chatham Islands. If You do not meet the check-in cut off times for Your flight, You may forfeit tickets and all payments.
6.9 A boarding pass will be issued. In most cases the flights are free seating, and a boarding pass does not give You a right to a particular seat.
7.0 Baggage
7.1 All carriage of Baggage is subject to these Terms and to rules setting Our separate Terms and Conditions relating to Baggage as per IATAs resolution on carriage of baggage (www.iata.org/en/programs/ops-infra/baggage/check-bag/). Air Chatham may refuse to carry any passenger or Baggage where these Conditions or any rules relating to Baggage are not complied with.
7.2 Each confirmed fare includes an allowance of one (1) piece of checked Baggage and one (1) piece of carry-on Baggage:
7.2.1 For adults, children and unaccompanied minors, this piece of checked Baggage may weigh up to 23kg.
7.2.2 For infants, this piece of checked Baggage may weigh up to five (5) kg.
7.2.3 The carry-on Baggage may weigh no more than seven (7) kg.
7.3 Carriage of additional pieces of Baggage may be purchased at check-in or in advance online.
7.4 Personal mobility devices as such wheelchair, crutches and walking frames will be carried at no additional charge.
7.5 For more information on Baggage requirements please see Air Chathams’ Terms and Conditions: https://www.airchathams.co.nz/terms-and-conditions
8.0 Credit card fees
8.1 A non-refundable fee as a percentage of the applicable amount, is added when payment is made via credit card. The credit surcharge rate applied varies depending on the type of card being used at the time of transaction.
9.0 Links to Other Websites
9.1 Our Services require Us to deal with other Service Providers that are not owned or controlled by the Company. Those Service Providers have their own terms and conditions which will apply in addition to these Terms.
9.2 The Company shall not be responsible or liable for the statements, conduct or action of any third party Service Provider on this Website. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any Service Provider.
10.0 Limitation of Liability
10.1 To the maximum extent permitted by applicable law, in no event shall the Company, it’s agents, officers, servants or representatives, be liable for any special, incidental, indirect, or consequential damages whatsoever (including but not limited to any costs or losses resulting from diversion, cancellation, or delay of flights, or from loss or delay of Baggage), even if the Company has been advised of the possibility of such damages.
10.2 It is an essential precondition to You using Our Website and Services that You agree and accept that Our Company is not legally responsible for any loss or damage You might suffer related to the use of Our Website or Services.
11.0 Force Majeure
11.1 The term “Force Majeure” means any act or event beyond the Company’s reasonable control. It includes, without limitation, any cancellations or delays caused by the acts or omissions of any Service Providers, by any acts of God, or by any landslides, lightning, earthquakes, floods, storms, fires, or pandemics or any other cause beyond the Company’s reasonable control.
11.2 Despite the other terms of this agreement, the Company will not be liable under this agreement if Force Majeure prevents or delays performance of any of the Services.
12.0 Domestic Travel Insurance
12.1 Domestic Travel Insurance is highly recommended, including cover for delay / cancellation of flights to and from the Chatham Islands (due to weather or mechanical breakdown) as well as any other airline associated with the visit, as well as additional accommodation, lost luggage, late cancellation due to health-related problems, meals and personal expenses and rental vehicle excess, as these will not be covered by the Company.
12.0 Disputes resolution
13.0 Governing Law
14.0 Consumer Guarantees Act 1993
15.0 Your Privacy
15.1 This privacy policy is designed to inform You of the type of personal information that the Company will collect from You, how the information will be used, to whom the information may be disclosed, and Your rights in relation to the information.
15.2 Our Company is committed to protecting Your privacy. We use the information We collect about You to maximise the Services We provide to You. All information We receive from You is protected by Our secure servers.
15.3 The Company will only collect personal information from You that is necessary to be collected from You to enable us to perform the Services. The Company will only disclose personal information that is necessary to be disclosed to the Service Providers to enable them to perform the Services.
15.4 You have a right to ask for access, and to correct, any personal information We hold about You.
16.0 Changes to These Terms and Conditions
16.1 We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at Our sole discretion.
16.2 By continuing to access or use Our Services after those revisions become effective, You agree to be bound by the revised Terms.
17.0 General Conditions
17.1 All transactions are conducted in New Zealand Dollars (NZD).
17.2 If We fail to enforce any Terms or to exercise any right under these Terms of Use at any time, We have not waived that right
17.3 You may not assign or subcontract any of Your rights or obligations under these Terms.
17.4 If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these Terms and Conditions.
18.0 Contact Us
18.1 If You have any questions about these Terms and Conditions,
You can contact Us via email: chathamislandtours@gmail.com or
Via Our Website: https://chathamislandtours.nz/contact/contact_us.