STHNZ BOOKING TERMS AND CONDITIONS
Please read the following Terms and Conditions carefully before purchasing a Package. By placing a Booking with STHNZ, you agree to be bound by each of the provisions of these Terms and Conditions (the “Terms and Conditions”).
References to "STHNZ", "us", "we", and "our" are to Sports Travel and Hospitality New Zealand Ltd
NZBN 9429030634268, and references to "you" are to you as the customer that purchases (or otherwise obtains or uses) a Package.
KEY PAYMENT TERMS Your deposit is payable at the time of Booking and is non-refundable except in the case of cancellation pursuant to clauses 2.5 or 8.3. NOTE: In the event that you cancel your Booking, the cancellation fees in clause 4.2 will apply. Definitions In these Terms, the words and expressions set out below shall, unless the context otherwise requires, have the following meanings set out in Appendix 1 of these Terms and Conditions: |
1.1 Age: You must be at least 18 years old to purchase a Package.
1.2 Lead booker: If you are making a Booking for more than one person, the person submitting the online Booking and/or who signs the Booking form is the “lead booker”. The lead booker is responsible for:
(a) Making full payment on the price of the Package(s) purchased, including any insurance premiums and cancellation or amendment charges;
(b) Keeping all other people for whom the Booking is made fully informed, as all documents and information regarding the Package will be sent to the lead booker; and
(c) Procuring that all other people for whom the Booking is made understand, agree to and comply with the provisions of these Terms and Conditions. For the avoidance of doubt, the lead booker shall be responsible for any breach of these Terms and Conditions by any other person for whom the Booking is made or to whom the lead booker makes a Package available.
1.3 You may be asked by STHNZ staff or by third party suppliers to show proof of your Covid-19 vaccination status to gain access to the services provided in your Package (e.g. entry into the stadium). You will not be entitled to any refunds in the event you are refused access to any services as part of your STHNZ Package and STHNZ will not be liable for any costs associated with you being refused access to any services as a result of your failure to provide proof of your vaccination status.
1.4 Insurance: If purchasing a travel Package, you must purchase adequate travel insurance for you and all other members of your party at or around the time of purchasing your Package and in any case prior to departure on your travel date. Subject to clause 4, STHNZ will not be liable to provide a refund or cancel your Booking if for any reason you are unable to utilise the Package other than for a reason attributable to STHNZ.
1.5 Consent to photos: Photographers and film makers may be in attendance and may capture your image. It is a condition of purchase of a Package that you consent to being photographed, filmed, identified and/or otherwise recorded by STHNZ and/or the Event organiser. Such persons, without payment, shall have the right to use any such photographs, film or recordings both during and after the relevant tour, for the maximum duration permitted under the applicable laws and, when applicable, at least until they are in the public domain, in any content format and through any media or technology whether now existing or created in the future and whether such use is commercial or non-commercial, including without limiting the foregoing, for the purposes of marketing our services in brochures and/or on any website.
1.6 Event organiser Terms and Conditions: you must comply at all times with the relevant Terms and Conditions of the organiser of the Event or the operator of the venue where the Event is taking place.
2.1 All prices are stated in New Zealand Dollars per person and include any applicable GST.
2.2 Prices are based on payment by internet banking electronic funds transfer or credit / debit card.
2.3 Please note that for contractual reasons, the Package price cannot be itemised. The Package price only includes the services specified in your itinerary. Any personal incidental costs incurred during travel are excluded.
2.4 Each amendment made to the Booking within 100 days of the travel or Event date (as applicable) will incur an amendment fee of $100 per amendment per person, in addition to any fees charged by suppliers. No changes are permitted within 14 days of the travel or Event date (as applicable).
2.5 Prices are based on supplier costs, exchange rates, taxes, levies, and surcharges at the time of publication. Prices are subject to change due to currency fluctuations, inflation and/or increase in supplier costs and regulatory charges at any time until full payment is received. If we advise you that the price of the Package(s) has changed substantially pursuant to this clause 2.5, you have the right to cancel your Booking in accordance with clause 4.4 and we will refund your deposit to you.
3.1 Pursuant to these Terms and Conditions, you can place orders for the purchase of Packages from STHNZ on this website, and STHNZ will provide the number and type of Packages ordered by the Customer and accepted by STHNZ. Numbers available for purchase for each type of Package are limited. The number of Packages per Event that you may purchase will be determined by STHNZ in its sole discretion.
3.2 STHNZ shall be under no binding commitment to provide any Package in relation to an order for purchase, unless and until STHNZ dispatches an Acceptance email to you. Upon the dispatch of an Acceptance email by STHNZ to you, a sale-and-purchase agreement for the type and number of Packages as explicitly stated in the Acceptance email (the “Booking”) shall be deemed concluded between you and STHNZ. If the Acceptance email sent to you by STHNZ has an error, you will be notified of the error by an email detailing the correct information. For the avoidance of doubt, STHNZ shall refund to you any monies paid to STHNZ for the Package order to which an Acceptance email has not been dispatched by STHNZ.
3.3 Deposits and payment schedules will be based on your specific Package and will be notified to you by STHNZ at the time of your booking. The payment schedule notified to you at the point of booking will form part of these Terms and Conditions.
3.4 Payments can be made by Visa, Mastercard, or American Express. Please note that a credit card service charge of 2.5% will be incurred for any payments made by Visa or Mastercard and 3.1% for any payments made by American Express.
3.5 If you pay by internet banking, please quote your Booking reference and surname or invoice number in the transaction to enable us to allocate and identify your payment correctly.
3.6 If any payment is not received by us within the timeframes outlined above, we reserve the right to cancel your Booking without refund to you of any amounts already paid to us.
3.7 If STHNZ is unable to supply you with your ordered Package(s) for any reason including an error on the STHNZ website such as an incorrect price being displayed or if STHNZ cannot obtain the relevant Tickets or Packages from the Event organiser, STHNZ will inform you of this by email and will cancel your order. If you have already paid for the Package(s), STHNZ will refund you the full amount paid and will incur no further liability to you.
4.1 All cancellations must be requested in writing to [email protected] from the lead booker and are only effective from the date they are received by our office.
4.2 Cancellation dates will be based on your specific Package and will be notified to you by STHNZ at the time of your booking. The cancellation dates notified to you at the point of booking will form part of these Terms and Conditions.
4.4 Most of our arrangements with suppliers are non-refundable and we are under no obligation to pursue any of our suppliers for refunds.
4.5 Except as provided under clauses 2.5 and 8.3, if you cancel your Booking for any reason the applicable cancellation fee, as outlined in clause 4.2, will be retained by STHNZ and non-refundable.
4.6 Should you decide to cancel under clauses 2.5 or 8.3, you must exercise your right to do so within 14 days of the issue date printed on your revised invoice. On receipt of your notification that you wish to cancel, we will refund your deposit to you, and we will have no further liability to you.
5.1 If you are prevented from travelling to the Event due to a Covid-19 direction, regulation or restriction imposed by a relevant government authority or Event organiser (including any requirement to isolate), STHNZ is under no obligation to provide any refunds. In all circumstances any refund of the Ticket Face Value will be in accordance with the Ticket Terms and Conditions.
5.3 you acknowledge that governments, either at state, federal or national level, may impose border restrictions at any time. In the event border restrictions are imposed by any government at a state, federal or national level, STHNZ will not be liable for any additional costs incurred by you as a result of the border restrictions, including but not limited to, the cost of quarantine at a managed isolation facility and/or any additional accommodation, travel and incidental expenses not included in your package.
6.1 Without limiting any other provision of the Terms and Conditions relating to refunds or cancellation, refunds will not be provided where for any reason, including without limitation due to illness or personal choice, you do not utilise part of or all of the Package inclusions. It is a condition of your booking that you purchase travel insurance and we encourage you to ensure you have adequate cover under your chosen policy for your needs.
7.1 Because Packages are planned several months in advance, we may occasionally need to make changes to Package inclusions. We reserve the right to make changes to your itinerary at any time.
7.2 We will advise you of changes at the earliest possible date.
7.3 Some suppliers of the services included in your Package reserve the right to cancel or amend the services they provide. As such, STHNZ will use reasonable endeavours to provide alternative services, however we cannot be held responsible for any such changes imposed by the supplier.
8.1 Prices and arrangements have been made based on minimum group sizes. Completion of the Booking and payment process for the tour Package is not confirmation that the tour will proceed.
8.2 In the Event that minimum tour numbers are not met, we reserve the right to impose a surcharge, amend itinerary Events so that the tour may proceed, and/or cancel the tour.
8.3 Should we choose to impose a surcharge, you will have the right to cancel in accordance with the provisions of clause 4.5.
9.1 All flights are not considered to be part of your Package and are considered a separate product booked on your behalf with the relevant airline. Accordingly, flights are not covered under these Terms. All flights are governed by the relevant airline’s Terms and Conditions ff Carriage.
9.2 In the Event that flights are cancelled or postponed for you cannot fly for any reason beyond our control, all refunds will be in accordance with the relevant airline’s Terms and Conditions. STHNZ cannot be held responsible for your inability to travel. If you cannot travel for any reason outside of our control, you will not be entitled a Package refund provided STHNZ can fulfil the Package.
9.3 As airlines reserve the right to alter schedules, STHNZ cannot be held responsible when confirmed flights are subsequently changed or cancelled. Once issued, airline Tickets are non-refundable and non- transferable. Please refer to the airline fare rules and conditions of carriage.
9.4 Domestic connections from main centres will be specified if available. Add-on fares from other domestic points within New Zealand may be available at extra cost. Please contact us if you require assistance in this regard.
9.5 All Taxes and fees associated with the airfare (including fuel surcharges, departure taxes and government levies) are included in the Package price but are subject to change without notice.
9.6 Subject to availability and payment of the additional specified price, you may upgrade your flights. If flight upgrade payments are non-refundable, we will notify you of this beforehand and as such if you cancel a Package that includes an upgraded flight you will not be reimbursed for these payments.
9.7 All travel booked as part of a Package will be subject to the relevant travel provider’s conditions of carriage in force from time to time. We shall not be liable for any breaches by you of the conditions of carriage and any subsequent refusal of the airline to allow you to travel.
9.8 You must arrive prior to the check in, and boarding times specified by the relevant airline or other travel service providers. We are unable to delay departure times and therefore will not be liable should you miss a departure time. We shall not be required to hold up a flight (or other travel service) to wait for you or to provide a seat on any other flight (or other travel service) if you do not arrive on time and miss the departure.
9.9 All journey times are approximate. We shall not be responsible for delays or cancellation caused by reasons outside of its direct control.
10.1 While we will endeavour to secure your preferred room request with the hotel, we are unable to guarantee these requests due to limitations on the number and types of rooms available.
10.2 Hotel and facility descriptions on the STHNZ website and other publications are based on current hotel guides and information provided by suppliers and may change at any time. Pictures may not show the particular room, décor, view, or other specifications included in your Booking.
10.3 Bonds or credit card imprints may be required by hotels. These are usually requested by the hotel at the time of check-in.
10.4 STHNZ will not be responsible for any charges for additional hotel services used by you or any costs charged by hotels due to damage caused by you, or for the return of any part of a bond payment.
11.1 Where applicable, please choose tour merchandise sizes carefully as it will not be possible to exchange these items at a later date.
11.2 While every effort will be made to ensure all tour merchandise is correct, we cannot accept responsibility if the merchandise does not meet your personal expectations due to the limitations of the sizes, merchandise, or styles available.
12.1 All Tickets included in your Package are supplied in accordance with the Ticket Terms and Conditions of the entity hosting the Event, for which an administration fee is paid. This is included in the price of your Package. You agree to comply with the relevant Ticket Terms and Conditions.
12.2 The Tickets that form part of your Package may not be resold or transferred without our prior written consent, and you cannot advertise or offer a Ticket for transfer or resale on the internet or through any other medium. Tickets also cannot be used for advertising, promotion or other commercial purposes (including prizes, competitions or trade promotions) or to enhance the demand for other goods or services without the prior written permission of the Event organiser.
12.3 If we are made aware of any prohibited use of your Tickets, we reserve the right to cancel your Tickets with no liability to you and we may refuse to transfer your Booking.
12.4 If a Ticket to an Event you are scheduled to attend is cancelled for any reason that cannot be attributed to you (including but not limited to cancellation or postponement of a match, no spectators being permitted to attend a match, or the match being played with reduced spectator capacity), we will refund you the face value of your Ticket if we are able to obtain a refund from the Ticket issuer. Your Package will otherwise be unaffected by the cancellation or postponement, and we will continue to provide you with the agreed services. We recommend you check your travel insurance to make sure that you are covered if the Event that a Ticket to an Event you are due to attend is cancelled or postponed.
12.5 We will distribute your Tickets to you in a manner that we deem most appropriate. We will let you know which method of distribution we intend to use prior to departure but reserve the right to amend this at any time. Once distributed Tickets are your responsibility and cannot be replaced. You must display the correct Ticket to gain entry to the Event, and the Event organiser reserves the right to refuse your entry if you do not display the correct Ticket. STHNZ cannot be held responsible and is not liable for any loss if you are refused entry for displaying incorrect Ticket.
12.6 Please note that STHNZ cannot be held responsible where the position or perceived quality of your seat at the Event does not meet your personal expectations.
12.7 If you would like your Ticket seating allocation to be “linked” to other customers, please speak to one of our consultants. While every effort will be made to allocate seats for linked Bookings together, this will be dependent on the Ticket allocations we receive and cannot be guaranteed.
13.1 The fixtures and itineraries shown on the website and any STHNZ published materials are correct at the time of publication but are subject to change without notice. Without limiting the foregoing, if the Event schedules are changed due to circumstances beyond the control of STHNZ, the Package inclusions and pricing may have to be altered.
14.1 The celebrities or players in attendance at an Event are at the complete discretion of STHNZ and you acknowledge that the people advertised as being in attendance at an Event may change at short notice.
14.2 The date, time and venue of an Event may change due to reasons outside our control. We are not responsible for any additional costs if such changes do not fit in with your travel and accommodation plans.
15.1 The services that we supply consist solely of:
(a) Arranging and coordinating travel, accommodation, Event Tickets and associated Events; and
(b) Making Bookings and issuing Tickets and vouchers to customers for the provision of services and facilities by suppliers.
15.2 We undertake to perform these services in accordance with relevant laws (including any Non-excludable Obligations), with due care and skill. However, without limiting any Non-excludable Obligations, STHNZ will not be held liable for any loss, damage, or claim arising from acts or defaults outside the control of STHNZ and its employees - including (but not limited to) suppliers of travel, accommodation, food and beverage, and Tickets in connection with your Package.
15.3 Without limiting any Non-excludable Obligations and to the extent permitted by law, STHNZ’s liability to you (and all other people for whom the Booking is made) will be limited to the value of the total cost of your Package, except liability arising as a result of any negligence, fraud, wilful misconduct or breach by STHNZ.
16.1 Please check all of the confirmation letters and documentation distributed to you in relation to your travel and accommodation to ensure it fully meets your requirements. You must bring any errors to our attention at least 14 days before your travel date or we cannot guarantee the errors will be corrected to your satisfaction. STHNZ will not accept responsibility for any documents subsequently altered without our consent.
17.1 If your Package includes services fulfilled outside New Zealand, you will need a current passport that must be valid for at least six (6) months after your return to New Zealand.
17.2 You must check passport, visa, immigration, health, and customs regulations and requirements well in advance. It is your responsibility to ensure you have the correct documentation to allow your entry overseas and/or return to New Zealand.
17.3 You must ensure that you are aware of any health requirements and recommended precautions relevant to your Booking and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Covid-19 vaccination) or proof of testing (e.g. proof of negative Covid-19 test) may deny you entry into the Event. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel.
18.1 Without limiting any Non-excludable Obligations and to the extent permitted by law, STHNZ is not responsible for any personal injury you (or any person for whom the Booking is made) suffer during your travels or arising out of or in connection with use of a Package except liability arising as a result of any negligence, fraud, wilful misconduct or breach by STHNZ.
19.1 If we are delayed in or prevented from performing our obligations due to any Event or circumstances beyond our reasonable control (including, but not limited to, natural disasters, war or riots, acts of terrorism (including the threat of terrorism), disease, epidemic, pandemic, government policy, host union decision, closed or congested airports, technical problems and including for the avoidance of doubt any rescheduling, relocation or cancellation of any Event as a result of any of the foregoing (“Force Majeure Event”)), then such delay or non-performance shall not be deemed a breach or entitle a claim for injury, damage, loss, delay, additional expenses or inconvenience.
19.2 Our obligations shall be suspended while such Force Majeure Event continues.
19.3 In the Event that part or whole of the travel Package cannot be performed due to a Force Majeure Event, or you are prevented from attending an Event due to a Force Majeure Event, we will take all reasonable steps to source refunds from third party suppliers to the maximum extent possible and we will pass on all refunds to you, subject to deductions for reasonable costs and expenses.
20.1 Except as required by law (and to the minimum extent required by law), neither party shall be liable to the other for any indirect or consequential losses, costs or damages that arise out of or that are in connection with any duty or obligation under these Terms and Conditions or any duty or obligation at law.
20.2 STHNZ will not be liable where any failure in the performance of the contract is due to:
(a) you or a member of your party (for example if you break a law in the country visited); or
(b) a third party unconnected with the provision of your Package or arrangements; or
(c) unusual, unavoidable, unforeseeable and extraordinary circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an Event which we or our suppliers, even with all due care, could not foresee or forestall.
20.3 Without limiting any Non-excludable Obligations, to the extent that STHNZ have any liability to you under these Terms and Conditions or at law, that liability shall be capped at the total cost of your Package except liability arising as a result of any negligence, fraud, wilful misconduct or breach by STHNZ.
20.4 You will indemnify STHNZ from and against all claims, costs, losses, damages, expenses, demands and liabilities suffered or incurred by STHNZ as a result of a breach by the you or a member of your party of these Terms and Conditions or in connection with, resulting from, or arising out of any and all acts or omissions of you or a member of your party.
21.1 All Blacks Tours will only use your personal information as set out in our privacy policy and in accordance with the Privacy Act 2020 (New Zealand).
21.2 You have the right to access your personal information recorded by us and to have it updated and corrected as necessary by contacting one of our travel agents.
22.1 Subject to clause 20.2, nothing in these Terms and Conditions is intended to limit or exclude STHNZ’s liability of your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Notwithstanding the foregoing, where you purchase or hold yourself out as purchasing a package for the purposes of business, the provisions of the Consumer Guarantees Act will not apply to the supply of such services.
23.1 All reasonable care has been taken to ensure the accuracy of information on the website and other published material - however, prices and services offered are subject to change without notice.
24.1. In the event that any term or condition contained in these Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to the extent necessary to allow all remaining terms and conditions to survive and continue as binding.
25.1 These terms and conditions are governed by New Zealand law and the courts of New Zealand shall have exclusive jurisdiction to settle any dispute which may arise from these terms and conditions.
Appendix 1
Acceptance: refers to a confirmation that your order for a Package has been received, which will include details of the Package and payment information.
Booking: refers to the dispatch of Acceptance by us to you and receipt of the deposit and/ or full payment for your Package.
Event: refers to the relevant sports or hospitality Event related to your Package.
Force Majeure Event: refers to any Event or circumstances beyond the reasonable control of a party, including without limitation industrial or civil disputes, war, governmental action, riot, fire, flood, drought, act of God, terrorism (including the threat of terrorism), an outbreak or spread of a virus or disease classified as a pandemic or an epidemic , any legislation, ruling, regulation, decision (including the failure to grant any necessary permissions) of any relevant government, court or Event organiser and including for the avoidance of doubt any rescheduling, relocation or cancellation of the Tickets as a result of any of the foregoing.
Non-Excludable Obligation: has the meaning given to it in clause 22.
Package: refers to products or services marketed, promoted and sold by STHNZ to Customers.
Terms and Conditions: refers to these Terms and Conditions.
Ticket: refers to Tickets for the relevant Event supplied to STH by the Event organiser.
Ticket Terms and Conditions: refers to the Terms and Conditions applicable to each Ticket as specified by the official Ticket supplier.