T E R M S & C O N D I T I O N S
Booking Terms and Conditions
Please read the following “Booking Terms and Conditions” carefully, as they contain important information about your legal rights, remedies and obligations. You must not make any booking unless you understand and agree with the following Booking Terms and Conditions. References to “us”, “we” and/or “our” in these Booking Terms and Conditions shall mean the applicable Travel Managers Group agent TORCHWOOD TRAVEL agent as set out in your quote, tax invoice or itinerary (as applicable). References to “you” and “your”, in these Booking Terms and Conditions shall mean the customer.
By making any booking, you agree to comply with and be bound by these Booking Terms and Conditions. These Booking Terms and Conditions apply to any bookings you make with us in person, over the phone or by email.
We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking (regardless of whether other travellers have made separate payments) and that person will bind all such travellers to these Booking Terms and Conditions.
1. Passports & Visas
All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. For international travel bookings, you must let us know if you have less than 6 months validity on your passport or if you do not have a machine-readable passport. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid New Zealand passport which is valid for the relevant destination and transit point. If this is not the case, you must let us know. It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part). If you need information regarding visas, passports and other travel document requirements for your trip, please let us know. We can provide you with general information only on visa and passport requirements that apply to international travel bookings you make with us. We can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can assist you to obtain visas through this external service and fees will apply). We do not warrant the accuracy or suitability of information provided by any external service provider and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
If you are travelling to or transiting through the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). New Zealand passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa. If you are travelling to or transiting through Canada please see http://www.cic.gc.ca/english/visit/eta.asp for important information regarding compulsory electronic travel authorization for visa-exempt foreign nationals (“ETA”). New Zealand passport holders will not be able to enter Canada without a valid ETA (or visa or permit) from 15 March 2016. Please note, you may not meet the eligibility requirements of ETA and may be required to obtain a visa or permit. If you are travelling to New Zealand from a Visa Waiver programme country, in transit or departing on a cruise ship you are required to request an NZETA before you travel. Please refer to www.immigration.govt.nz/nzeta for more information. We urge you to apply for entry visas, permits and applicable waivers/exemptions prior to booking your travel, particularly if you have any concerns about whether or not you might be eligible for an ESTA or ETA.
2. Travel Documents
Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a travel 2 service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable, and/or subject to cancellation and/or other change fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. All airline tickets must be used in segment order and cannot be used out of sequence, otherwise your onward flights may be cancelled. Your name on your passport, visa and other travel documents must all be identical. An incorrect name on a booking may result in an inability to use that booking, the booking being cancelled, and the application of additional change and/or cancellation fees. Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings. It is your responsibility to collect all travel documents from us prior to travel. As a general rule your travel documents will be available for collection 2 weeks prior to your departure date, however this will depend on your individual arrangements. Please contact us to confirm when your travel documents will be ready for collection.
Please ensure you read your travel documents carefully for details on baggage allowances as these can vary from airline to airline and country to country. Excess baggage (if your airline allows it) can be expensive and is your responsibility. We will not be liable for any expenses, fees, penalties, costs, liabilities, damages or losses associated with baggage allowances and excess baggage.
3. Travel Insurance
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements.
Your insurance protection should at least include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Evidence of such insurance should be produced to us on request. Travel insurance is strongly recommended by the Ministry of Foreign Affairs and Trade for all overseas travel. Your travel consultant can provide general information to you about travel insurance. For details of the services that travel insurers provide, including a quote, please refer to the travel insurer’s Financial Services Guide (“FSG”)/Product Disclosure Statement (“PDS”).
Please contact your travel consultant to take out travel insurance through us. If you make a travel booking through us and decline travel insurance, you may be required to sign a disclaimer.
4. Travel Advice including COVID-19 (Coronavirus) Guidance
We recommend that you contact the Ministry of Foreign Affairs and Trade (“MFAT”) or visit their website at https://www.safetravel.govt.nz/ for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with MFAT, so that you may be more easily contacted in an emergency.
We strongly recommend that you familiarise yourself with the current status and updates to New Zealand's immigration and border arrangements during the COVID-19 outbreak, available at https://www.immigration.govt.nz/about-us/covid-19 and that you check your travel insurance to ensure it provides you with adequate protection.
In addition, you should familiarise yourself with airline requirements around passenger safety, including the requirement for face masks and the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so we recommend you update yourself in relation to the relevant airline and government policies for your transit and final destination at each of (i) the time of booking, (ii) as you approach your travel date, and (iii) immediately before travel. You acknowledge that you are choosing to travel at a time where you may be exposed to COVID-19 and that your travel plans may be impacted by COVID-19. It is your own responsibility to acquaint 3 yourself with all relevant travel information, including applicable health risks and travel restrictions (including (without limitation) border closures, isolation and quarantine requirements).
You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, all of the risks associated with traveling at this time. To the fullest extent permitted by law, we accept no liability in relation to any of these additional risks.
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel booking and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g., proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from MFAT (see https://www.safetravel.govt.nz/).
In relation to the COVID-19 Pandemic, travel carriers, travel operators and local authorities at travel destinations may require specific testing prior to boarding and/or upon arrival at your destination. They may also require proof of COVID-19 vaccinations. Failure to present required Covid related information may result in you being denied entry into a country.
Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the travel service provider in their sole and absolute discretion, and will often depend on a number of factors, including (without limitation) any modes of transport and local standards at the destination. All medical requests are beyond our control. While we will include all medical requests as a file note to the travel service provider, we cannot guarantee that your request will be accommodated. It is your responsibility to follow up with the travel service provider directly either at the destination or prior to travelling where possible.
All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once your booking has been paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact us for up-to-date prices.
7. Financial Arrangements
We receive remuneration through commissions, financial incentives and other means (together, “financial arrangements”) from booking travel and travel-related products and services on your behalf with third party travel service providers. We are not required by law to disclose to you the nature or value of these financial arrangements.
8. Deposit and Final Payment
You may be required to pay a deposit or deposits when booking. We will advise you of how much that will be. Subject to your rights under the Consumer Guarantees Act, all deposits are non-refundable for changes of mind or cancellations by you, or if the travel service provider’s terms and conditions provide that your deposit is non-refundable. If your deposit is refundable, this is subject to us having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit. A deposit will secure your booking/seat, however prices quoted may change before you make the final payment. Final payment is required no later than 6 weeks prior to departure unless otherwise stated. Some airfares or services must be paid in full at the time of booking.
9. Our Change and Cancellation Fees
Subject to your refund and remedy rights under the Consumer Guarantees Act, any change and cancellation fees that will apply to your booking are set out in your quote, tax invoice and/or itinerary (as applicable) and as set out in sections 10 to 14 below: 4 All bookings are made on your behalf subject to the terms and conditions imposed by the travel service provider. If, for example, a travel service provider’s terms and conditions contain a “no refund policy”, we will only be able to provide you with the remedy provided by the travel service provider (if any), which may include a travel credit supplied by the travel service provider.
10. Travel service provider Change and Cancellation Fees
Changed or cancelled bookings for any reason (including by reason of matters outside your or our control) may also incur travel service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued. Where we incur any liability for a travel service provider change or cancellation fee for any booking which is changed or cancelled for any reason, you agree to indemnify us for the amount of that fee. Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider (which may take 12 weeks, or longer, dependent upon the travel service provider processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.
11. Change or Cancellation by You
If you change any aspect of your booking, we will do our best to accommodate your request, but it may not always be possible. All changes will be subject to any applicable travel service provider fees and any change fees set out in your quote, tax invoice and/or itinerary (as applicable), and you will be responsible for any increase in pricing that may occur as a result of your change request.
If you cancel any aspect of your booking, you will forfeit your deposit and you will be required to pay any applicable travel service provider fees and any cancellation fees set out in your quote, tax invoice and/or itinerary (as applicable), and we will provide you with a refund for the remaining funds (if any). Alternatively, the travel service provider may offer you a travel credit for the full amount paid by you without applying any applicable travel service provider fees. If your deposit or booking is refundable, this is subject to us having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit or booking funds.
For instant purchase or non-refundable bookings, if you cancel any aspect of your booking, you will not be entitled to a refund, travel credit or other remedy from the travel service provider and/or us.
12. Change or Cancellation by a travel service provider
The following terms apply to a cancellation by a travel service provider, except in the event of unavoidable or extraordinary circumstances (which are dealt with in sections 13 and 14 below).
To the extent permitted by applicable law, if your booking is cancelled by a travel service provider, the travel service provider will generally offer you in the first instance alternative travel arrangements of comparable standard if available (and will refund any price difference if the alternative is of a lower value), or a travel credit for the full amount paid by you. Alternatively, subject to the travel service provider’s change or cancellation policy, the travel service provider may offer you a refund of all money paid by you in respect of the booking, from which the travel service provider and/or we will deduct any unrecoverable costs, and any applicable travel service provider fees and our applicable cancellation fees.
“Unrecoverable costs” means all reasonable, direct and indirect costs we have incurred in relation to your booking, and includes amounts paid by us to other relevant travel service providers who are responsible for components of your booking and which may be non-refundable. For example, costs paid to overseas in-destination tour or transfer operators.
For instant purchase or non-refundable bookings, if your booking is cancelled by a travel service provider, subject to the travel service provider’s change or cancellation policy, you may not be entitled to a refund, travel credit or other remedy from the travel service provider and/or us.
13. Unavoidable or Extraordinary Circumstances
In the event of unavoidable or extraordinary circumstances, a travel service provider may materially modify or cancel your booking as set out below.
In these Booking Terms and Conditions “unavoidable or extraordinary circumstances” means any cause outside a travel service provider’s reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the travel service provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events).
A material modification is one that has a serious impact on your booking and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than twelve hours).
14. Cancellation due to Unavoidable or Extraordinary Circumstances
If your booking is cancelled due to unavoidable or extraordinary circumstances the travel service provider may offer you a travel credit or the full amount paid by you.
15. Payments by Credit Card and Debit Card
Credit card surcharges will apply when paying by credit card. These may vary between 2% and 3.5% depending on what card you use to make your purchase with. We accept Visa, MasterCard, American Express, Q card, Q card MasterCard and Flight Centre MasterCard. When applying for Q Card Finance, establishment and merchant fees will apply. You authorise us to charge all fees incurred by you in relation to the services provided to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
You authorise us to charge all fees incurred by you in relation to the services provided by us to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
If you choose to save your credit card details with us, they will be securely stored and may be used for your future transactions with us (including transactions agreed over the phone or by email). You can choose to remove your saved credit card details at any time.
16. No payments by Cheque
We are unable to accept payment by cheque. Most New Zealand banks are phasing out the use of cheques.
Certain taxes are mandatory in various countries. There may also be an additional local tax charged at some airports. All taxes are subject to change without notice. Airline taxes will be confirmed at the time your airline ticket is issued.
18. Service guarantees
Our booking and advisory services come with guarantees under the Consumer Guarantees Act that:
• they will be provided with due care and skill;
• they will be reasonably fit for the specified purpose;
• they can reasonably be expected to achieve the desired result; and
• they will be provided within a reasonable time.
If we fail to meet any of these guarantees, you have rights under the Consumer Guarantees Act.
We act as an agent for, and sell various travel related products as agent on behalf of, numerous transport, accommodation and other service providers, such as airlines, coach, rail and cruise line operators, as well as all of our wholesalers. Any booking, advisory and other services (such as processing a change or cancellation with the relevant travel services provider) that we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) provide booking and advisory services, including making travel bookings on your behalf and arranging relevant contracts between you and travel service providers. We exercise care in the selection of reputable travel service providers, but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage, cancellations policy and limitations of liability, imposed by these travel service providers. We can provide you with copies of the relevant travel service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific travel service provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
To the extent permitted by law, neither Flight Centre (NZ) Limited nor any of its related companies, directors, officers, employees, servants or agents (including Travel Managers Group agents) accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Consumer Guarantees Act). This liability clause is subject to your rights under the Consumer Guarantees Act and nothing in these Booking Terms and Conditions is intended to limit any rights you may have under the Consumer Guarantees Act or the Fair Trading Act.
21. Supplier Insolvency
Without limiting section 20, for the avoidance of doubt, in the event of a third party provider being unable to provide you with the product or service you have booked due to that third party provider becoming insolvent or being placed under external administration, subject to your refund and remedy rights under the Consumer Guarantees Act, we have no obligation to reimburse you for the cost of your booking, or for any loss or damage you may otherwise suffer as a result of any such insolvency or external administration.
22. Special Requirements
Please liaise with your travel consultant regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access. Requests may be made, but we cannot guarantee that a supplier will provide any requests.
23. Frequent Flyer or Other Loyalty Program
When booking with one of our consultants, please let them know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. Please check your frequent flyer program (or other applicable loyalty program) for the specific terms of your membership. We cannot guarantee that the supplier of your frequent flyer or other loyalty program will credit you with points for your booking or provide you with any other particular benefit, including (without limitation) status credits or lounge access. It is your responsibility to check whether your booking is 7 eligible for any such benefits and to retain all boarding passes to allow verification of your travel if required.
24. Schedule Change
We recommend that you contact the travel service provider to confirm your scheduled departure time 24 hours prior to your departure.
26. Monies Not Held On Trust
You agree and acknowledge that such monies paid by you to us will not be held by us on trust for and on behalf of you but will be held in a regularly audited separate client funds account. All monies paid by you to us will be a debt due and payable to the travel service provider in accordance with the payment terms we have agreed with that travel service provider. Payment will generally be made to the travel service provider before the services to which the money relates are provided, however in some cases, payment will be made to the travel service provider once the services to which the money relates have been provided. In respect of monies paid for flights for an IATA airline, such monies might be held on trust for that IATA airline in accordance with the payment terms we have agreed with that IATA airline. In the event we still hold the monies, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.
27. Flights for Unaccompanied Minors
To provide for the wellbeing of children travelling alone (otherwise known as Unaccompanied Minors), airlines have specific requirements. To make a flight booking for an unaccompanied minor please contact us and we will advise the conditions for the airline of your choice.
The following information relating to general rules for Unaccompanied Minors is a guide only and may vary from airline to airline:
• Any child aged 5 to 11 years (inclusive) travelling alone on a flight must be booked as an Unaccompanied Minor.
• If your child is under 12 years of age and is not booked as an Unaccompanied Minor, then the child must be accompanied by another person 15 years of age or older.
• Any child aged 12 to 15 years (inclusive) may also travel as an Unaccompanied Minor if requested by the parent/legal guardian.
• Children between 5-11 years of age attempting to travel alone and who have NOT been booked as an Unaccompanied Minor may be denied travel by the airlines until they have been provided with all relevant details in relation to the child's travel arrangements.
• An Unaccompanied Minor Form will need to be completed by the parent/legal guardian for this service. Also, there may be a fee involved for this service by the airline.
Travelling on Jet star - Jet star requires that passengers are able to travel independently. The airline does not have the systems, staff or facilities required to assume responsibility for assistance and supervision of passengers. Children requiring supervision will not be regarded as able to travel independently on the basis that they may cause a disruption or endanger themselves or others if travelling unaccompanied. As a guide, children who are not yet attending secondary school will be regarded as unable to travel independently and will not be eligible to travel unless they are accompanied by an appropriate Accompanying Passenger. An Accompanying Passenger generally will be at least 15 years old.
28. Modifications of these Booking Terms and Conditions
We reserve the right to modify any of these Booking Terms and Conditions (including the Travel Credit terms and conditions) at any time without prior notice. If we make changes to any of these terms and conditions, we will post the amended terms and conditions on the https://travelmanagers.co.nz/ website, applications, or services, which are effective upon posting. The applicable terms that apply are those in effect at the time you make a booking (including by using any Travel Credit) with us.
29. Governing Law
If any dispute arises between you and us, the laws of New Zealand will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand, and waive any right that you may have to object to an action being brought in those courts.
For all queries related to you booking, please contact your travel consultant directly.