1.1 These terms apply to any bookings for accommodation, rental cars, tour packages and other travel products and services (Services) you make with us through our website or online portals (Portals), in person (by phone, email or other medium) or through a travel service intermediary (Travel Agent). These terms also apply to the access and use of our Portals.
1.2 By accessing and/or using our Portals or otherwise requesting a booking for Services you acknowledge that you understand and agree with these terms and conditions (Terms) and you warrant that you have all necessary authority to act on behalf of, and to legally bind to these Terms, all users of the Services.
1.3 In these terms, "we", "us" or "our" means Southern Vacations and its related bodies corporate; "you" or "your" means the person accessing and using the Portals and/or making enquiries or bookings (whether as principal or as agent for any other person) and also includes all customers or end-users of the Services.
2.1 Travel Agents may be required to register with us to access Services via our Portals. We may accept or reject registration applications in our sole discretion. Any registration is non-exclusive and non-transferable. Registered users of our Portals may access and use the Portals for the sole purpose of making enquiries and bookings for Services (for yourself or on behalf of customers and end-users).
2.2 Registered users will be issued with unique login details which you must keep secure and confidential. You are responsible and liable for any and all activities that occur through the use of those login details and we may act and rely upon any information or instruction provided or booking or confirmation made using those login details, without the need for further enquiry.
2.3 Travel Agent are responsible for ensuring customers and end-users receive and comply with these terms, including timeframes for confirmation, cancellation and payment for bookings.
2.4 We may, in our sole discretion, at any time, with or without notice, suspend or terminate your registration or your access to our Portals:
3.1 We arrange bookings for Services with, and as agent for, various accommodation, rental car, tour operators and other service providers (Suppliers). We are not ourselves a provider of Services and have no control over, or liability for, the Services provided by Suppliers. We do not make any representations or warranties whatsoever in relation to the Services (including their nature, content, quality, timeliness, legal compliance or fitness or suitability for any particular purpose or customer). Your legal rights in connection with the Services (including any failure to provide the Services) are against the relevant Supplier and, except to the extent a problem is caused by fault on our part, are not against us.
3.2 All bookings for Services made by you are subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by the relevant Supplier(s). Copies of the relevant Supplier terms and conditions for the Services should be requested from the relevant Supplier.
4.1 You may be required to pay a deposit(s) at the time of booking. All deposits are non-refundable.
4.2 When bookings are confirmed, we will issue you with a booking confirmation, including details of the amount due and the due date for payment and re-confirmation or cancellation of the booking. It is your responsibility to check and ensure that the details of the booking confirmation are correct and meet your requirements (or those of the customer or end-user of the relevant Services)
4.3 If you fail to pay any amount when due or if you fail to re-confirm a booking prior to the cancellation date, the booking may be cancelled, we may retain any deposit paid by you, cancellation fees may apply and the price and availability of the Services may change.
5.1 All prices are subject to availability and can be withdrawn or varied at any time without notice, including due to currency fluctuations, surcharges, taxes and other governmental charges and Supplier and third party tariff increases.
5.2 Prices will be quoted in New Zealand dollars and include GST (if relevant), unless specifically stated otherwise.
5.3 You acknowledge that we may receive and retain a commission, rebate or other remuneration or benefit from Services bookings. We are not required to disclose to you the nature or amount of, nor account to you for, any such remuneration or benefit.
6.1 Payment is required to be received by us in cleared funds at least 24 hours before the cancellation date specified on the booking confirmation, unless we have agreed to extend credit to you in which case payment is due by the date specified on the relevant invoice. Some Services cannot be cancelled so non-refundable payment in full is required at the time of booking. Please ensure that you make electronic payments in sufficient time for the funds show in our bank account by the required date (24 hours before the cancellation date) Please include your invoice number as a reference.
6.2 Surcharges apply to credit card payments at the rate specified by us from time to time. You authorise us to charge all fees incurred by you in relation to the Services provided to your nominated credit card. If payment is not received from the card issuer or its agent for any reason, you agree to pay us all amounts due immediately on demand.
7.1 We, or Suppliers, may amend or cancel bookings from time to time:
7.2 We will notify you as soon as practicable after we become aware of any cancellation of, or what we consider to be significant changes to, your bookings.
7.3 If any significant change is made by us or a Supplier for reasons other than those referred to in paragraphs 7.1(a), (b) or (c) above, you may either accept the change or request a cancellation and/or a re-booking of alternative Services. We will endeavour to accommodate your request, subject to the consent of the applicable Supplier(s).
7.4 If you want to amend or cancel the booking for any reason, you must request such an amendment or cancellation prior to the cancellation date. We will do our best to facilitate your request, but changes and/or refunds may not be allowed by the relevant Supplier either at all or in a timely fashion. In many cases Services booked will be non-transferable, non-refundable, and unable to be amended. In addition we may charge our own fees to attend to any amendment or cancellation request on your behalf. We recommend you allow at least 72 hours for us to check and advise you on any amendment request and to cancel and re-book if we do not confirm prior to the cancellation date. However, the price and availability of Services may have changed.
7.5 Subject to Supplier terms and conditions, where you do not attend or are sufficiently late as to be considered not to have attended booked Services then a cancellation fee of 100% of the prices paid for the Services will apply.
7.6 You will be liable for any cancellation or amendment fees or charges imposed by the relevant Supplier, together with our applicable service fees. We will pass on any refund we receive from the applicable Supplier, less the above fees and charges. We are not otherwise liable to you.
8.1 You acknowledge and agree that it is your responsibility to: check and ensure the accuracy and completeness of all travel documents; arrange travel insurance and any visa requirements; and understand and comply with any applicable health requirements (including any vaccine or testing requirement). We strongly recommend that your travel insurance includes cover for cancellation for any reason, including travel disruptions.
8.2 You must not participate in any Services if you have any symptoms of any transmittable disease regardless of the results of any medical test.
9.1 You use the Portals at your own risk. Access to the Portals is provided on an "as is" and "as available" basis. We do not guarantee access to or availability of the Portals (or any content or functionality), that information in or accessed through the Portals is current, accurate or complete, or that your use will be uninterrupted, timely, secure or error, fault or virus free.
9.2 The Portals may contain links to third party websites which are not under our control. We are not responsible for the contents of any linked website or any hyperlink contained in a linked website. Hyperlinks are provided to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us.
9.3 To the extent permitted by law, neither us or any of our related bodies corporate, directors, employees, brokers or agents will have any liability to you or any other person (whether in contract, tort or otherwise) for any injury, damage, loss (including consequential loss), liability, delay, additional expense or inconvenience in relation to your use of the Portals or in relation to the Services (including the unavailability of, delays or changes to or cancellation of the Services) or the acts, omissions or default, whether negligent or otherwise, of Suppliers or any other third party.
9.4 Where our liability cannot be excluded, our liability is limited to, at our discretion, re-booking the relevant Services (or similar Services); or refunding the amount received from you in relation to the relevant Services (up to a maximum amount of $1,000).
9.5 If the Consumer Guarantees Act 1993 (CGA) or any other mandatorily applicable law applies, these terms shall be read subject to your rights under such law. Where we are arranging Services on your behalf and/or you are acquiring such Services in trade, the CGA shall not apply and you agree such exclusion is fair and reasonable.
10.1 You will use your best endeavours to ensure that no unauthorised access, use or interference with the Portals occurs and will comply with any access or use restrictions we impose from time to time in relation to the Portals.
10.2 You will not permit, undertake or attempt any data scraping, harvesting, extraction or mining of the Portals or any content
10.3 We may monitor and log any access and use of the Portals by you.
11.1 All intellectual property rights in and to the Portals and their contents and functionality are owned by us (or our related bodies corporate) or by Suppliers or our licensors exclusively. Your rights are limited to access and use in accordance with these terms
11.2 You may not reverse engineer, decompile, disassemble, modify, translate or make any derivative works of any part of the Portals, their contents or functionality.
12.1 You will:
12.2 We may collect, store, use and disclose "personal information" in accordance with the applicable Data Protection Laws and our Privacy Policy.
13.1 Emails and newsletters: We may send you emails and other electronic newsletters and communications relating to Services and Suppliers and/or our Portals, These electronic communications will contain instructions for how you can unsubscribe from the mailing list.
13.2 Amendments: We may amend these terms from time to time by publishing amended Terms on our Portals. Your continued access and use of the Portals represents your agreement to be bound by the amended Terms.
13.3 Entire agreement: These terms, including any other booking terms and conditions published on our website or notified to you from time to time, together with any applicable Supplier terms and conditions, apply to the exclusion of all other terms and constitute the entire agreement between us with respect to the Services.
13.4 Waiver: No delay or failure by us to exercise our rights under these terms operates as a waiver of those rights. A partial exercise of those rights does not prevent their further exercise in the future.
13.5 Severability: If a court decides that part of these terms is unenforceable, the part concerned shall be deleted from the rest of these terms, which will then continue in force.
13.6 Law: These terms will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand Courts will have exclusive jurisdiction in respect of all matters between us.
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