Terms and Conditions
Introduction
Please read the following terms and conditions carefully. You must not make any booking unless you understand and agree with the following terms and conditions.
We will rely on the authority of the person making the booking to act on behalf of any other customer on the booking and that person will bind all such customers to these terms and conditions.
By viewing and using the www.luxurylas.com website you agree to these terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website. We reserve the right to change these terms and conditions at any time by notifying users of the existence of the amended terms and conditions through our website. By continuing to access our website, you agree to be bound by the amended terms and conditions.
Interpretation
1.1. Interpretation: In these terms and conditions:
a. Clause and other headings are for ease of reference only and do not affect the interpretation of the terms and conditions;
b. Words in the singular include the plural and vice versa; and
c. A reference to:
i. a party to this terms and conditions includes that party’s permitted assigns; and
ii. “including “and similar words do not imply any limit.
d. A reference to “us”, “we” and/or “our” in these terms and conditions shall mean Luxury LAS Limited;
e. Where bookings of products or services are made on your behalf through a supplier, references to “us”, “we” and/or “our” in these booking terms and conditions shall also mean and include the supplier.
Our Service
2.1. Our obligation to you is to, and you expressly authorise us to, make bookings with suppliers and/or service providers on your behalf. We exercise care in the selection of reputable suppliers and/or service providers but we are not ourselves a provider of services nor a supplier and have no control over, or liability for, the services or supply provided by third parties or for their response time for bookings and/or enquiries. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by these service providers or suppliers. You are responsible for informing yourself of the terms and conditions of the suppliers and/or service providers. We can provide you with copies of the relevant service provider or supplier terms and conditions on request. You agree that your legal rights in connection with the provision of services or supply of products are against the specific 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 service provider or supplier is unable to provide the services or supply the product for which you have contracted, your rights are against that service provider or supplier and not against us.
Consumer Guarantee
3.1 General: We guarantee that our Services will be:
a. Provided with reasonable care and skill;
b. Fit for the particular purpose;
c. Charged a reasonable price (when the price is not set); an
d. Completed within a reasonable time in the circumstances in which the services are provided including the actions or inactions of suppliers/service providers.
3.2. Failure by us: If we fail to meet any of these guarantees, you have rights against us under the Consumer Guarantees Act 1993.
Health
4.1. It is your responsibility to ensure that you are aware of any health requirements for your booking and to ensure that you carry all necessary documentation.Price
5.1. Price variations: All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once paid in full by you. Please note that the 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 without limitation include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact your consultant for up-to-date prices.
5.2. Amendments and Cancellation: Cancellations must be advised in writing to operations@luxurylas.com and are subject to the Supplier’s own change and cancellation policy which will be supplied in your booking confirmation, once your booking is secured. Refund and remedy rights under the Consumer Guarantees Act 1993 apply.
In the event of a cancellation fee, we reserve the right to charge;
An administration fee between $250-$500 +GST outside of 31 days.
20% of the total invoice if between 30-8 days of the booking date.
50% of the total invoice if between 7-4 days of the booking date.
100% of the total invoice if within 3 days or 72 hours of the booking date.
5.3. Supplier Change and Cancellation Fees:
a. Cancelled or changed bookings may also incur service provider and/or supplier fees, which can be up to 100% of the cost of the booking, regardless of whether the booking has commenced. Service Provider and/or supplier fees may also apply where a booking is changed and when tickets or documents are re-issued. In the event that we incur any liability for a service provider and/or supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee, and Luxury LAS Limited without reference will enter a debit on the credit card of the customer and the customer hereby authorises Luxury LAS Limited to do so. Where you seek a refund for a canceled booking for which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that service provider and/or supplier.
b. Please note: by booking with us you acknowledge and agree that activities and experiences (activities) are subject to and can be affected by, events that can be outside the control of our suppliers/service providers and ourselves and if such an event occurs which affect the activities the relevant supplier/service provider shall have full discretion to cancel or reschedule them and charge fees.
COVID-19 Flexibility
6.1. In the event that the customer is unable to travel due to Government travel restrictions, lockdowns or traffic light system colour changes due to COVID-19; please contact admin@luxurylas.com to apply to change dates, request a credit or a refund.
a. Change Dates: Luxury LAS will transfer the booking to an alternative date, subject to supplier availability. Note that some suppliers may have a different rate for the new dates chosen and this will be added to the customer’s invoice. We will advise first if there is a pricing variation before proceeding.
b. Credit: Luxury LAS will place the paid amount in credit, less Supplier fees, which can be used towards booking another experience within twelve (12) months.
c. Refund: Luxury LAS will refund ninety (90) percent on a case by case basis. This refund is subject to the Supplier’s own change and cancellation policy which can vary significantly and change regularly. Some suppliers may only offer a credit and not a refund – if this is the case we will be limited to provide only a credit from those Suppliers, not a refund. Note that occasionally, some Suppliers may take several months to provide a refund. Suppliers such as airlines, cruise charters, hotels, tour operators, and other service providers all maintain their own policies which vary between Suppliers and it is important to familiarise yourself with their COVID-19 policies on their individual websites.
d. Clauses 6.1 a, 6.1b and 6.1c do not apply in the event of ordered catering due to food waste if postponed or canceled within 10 workings days.
e. We will make every effort to accommodate any requested amendments to your experience, but we reserve the right to recover any additional costs and charges arising from the Service provider through cancellations.
f. It is a customer’s responsibility to ensure they are compliant with the most up-to-date COVID-19 policy including but not limited to; vaccinations, vaccine boosters, vaccine certificates, covid testing and quarantine requirements as they apply to each destination and Supplier involved. Adherence to Covid testing requirements is at a customer’s own expense and may be required at multiple times prior, during, and after travel. Quarantine requirements vary and may apply after arrival in a destination and upon arrival back to New Zealand. Any quarantine expenses incurred are the responsibility of the customer. Conditions for testing and quarantine may change and non-compliance to the current procedure may impact your ability to travel. Proof of Covid-19 vaccination is becoming an increasingly common requirement of many Suppliers. The method of proving vaccination may vary and it is important to ensure you are in possession of the correct documentation for the destinations and Suppliers involved in your travel.
Deposit and Final Payment
7.1. You will be required to pay a deposit (“booking confirmation fee”) when booking. Your consultant will advise you of how much that will be. All deposits are non-refundable for changes of mind or cancellations by you subject to your rights under the Consumer Guarantees Act 1993. Final payment is required no later than twenty-one (21) days prior to your booking unless otherwise stated. Some bookings must be paid in full at the time of booking.
Damages, Breakages and Losses
8.1. All damages, breakages or losses to the supplier or service provider’s property, fixtures, furniture and furnishings are to be reported to operations@luxurylas.com by the customer immediately. Should you discover a default or breakage or maintenance/safety issue when you arrive, please advise us or we will consider those the responsibility of the current customer and charge accordingly.
8.2. In the event that the supplier or service providers property, fixtures, furniture and furnishings have been either damaged (whether such damage is willful or not) or extra charges of the supplier or service provider are incurred by you Luxury LAS Limited without reference will enter a debit on the credit card of the customer and the customer hereby authorises Luxury LAS Limited to do so. This is at the sole and absolute discretion of Luxury LAS Limited and/or its servants or agents.
8.3. If you have a complaint during your holiday, you must notify us at once and we will do our best to remedy the problem. If it is not possible to remedy the problem and you correspond in writing after the holiday, you must do so within 14 days of the ending of the holiday.
Payments by Credit Card
9.1. Credit card surcharges of 2.9% for Visa, Mastercard and AMEX will apply when paying by credit card. 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.
Taxes
10.1. Certain taxes are mandatory in various countries. There may also be an additional local tax charged. All taxes are subject to change without notice.
Privacy Policy and Personal Information
11.1. You are asked to provide personal information (including name, email address phone number address and such other information as we request) in order to use the services and to register on our website. We maintain a privacy policy. You consent to the release of your personal information to us and third parties in connection with the uses contemplated by the privacy policy. If you have questions or comments about our privacy policy, please contact us at operations@luxurylas.com. Please note that only the person or one of the persons with the authority of the other co-bookees making the booking, can access information or arrangements relating to the booking. These terms and conditions are to be read with our Privacy Policy.
Registration and Accounts
12.1. By registering on our website, you consent to receive marketing, promotional and other material by way of electronic messages from us. You will ensure that all usernames and passwords required to access our website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent. We may, at our sole discretion, suspend or terminate your account and limit your access to our website.
12.2. In order to utilise our website and services:
a. you must enter the information required to open an account by following the registration process set out on the site; and
b. you must satisfy our other anti-money laundering checks and other registration criteria including undergoing verification checks to confirm your identity.
Users Outside New Zealand
13.1. Our services and website are operated by Luxury LAS Limited from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
Copyright and Trademarks
14.1. The contents of our website are the copyright of Luxury LAS Limited or service providers and/or suppliers to us. No part of our website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our website material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on our website.
Linking
15.1. The contents of our website may include links to third-party materials. We are not and will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link on our request.
Advertising
16.1. Any dealings with any advertiser appearing on our website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any dealings or promotions.Exclusion of Liability
17.1. To the fullest extent permitted by law:
a. We exclude all liability in relation to our services and website we provide including all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether, in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity); and
b. Neither Luxury LAS Limited nor any of its related bodies corporate, directors, employees or 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 ( including such as suppliers or service 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.
17.2. For the avoidance of any doubt, where relevant, 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 customers and loss, damage and delay to your personal belongings or luggage.
17.3. If you are a consumer using our services or website for non-business activities, then nothing in these terms and conditions is intended to exclude from any rights you might have under the Consumer Guarantees Act 1993 (if any).
Indemnity
18.1. You will take all necessary action to defend and indemnify us and our directors, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these terms and conditions.
Monies not held in Trust
19.1. All monies paid by you to us will be the property of Luxury LAS Limited and will be a debt due and payable to the service provider or supplier once the services or the product to which the money relates have been provided. You agree and acknowledge that such monies will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with its own and/or other customer monies.
Disputes
20.1. Good faith negotiations: Before taking any court action, a party must use best efforts to resolve any dispute under, or in connection with, the terms and conditions through good faith negotiations.
20.2. Obligations continue: Each party must, to the extent possible, continue to perform its obligations under the terms and conditions even if there is a dispute.
20.3. Right to seek relief: This clause 20 does not affect either party’s right to seek urgent interlocutory and/or injunctive relief.
General Provisions
21.1. Electronic Communications: When you use Luxury LAS Limited’s email or send emails to Luxury LAS Limited, the customer is communicating with Luxury LAS Limited electronically. The customer consents to receive communications from Luxury LAS Limited electronically. Luxury LAS Limited will communicate with the customer by email or by posting notices on its website. The customer agrees that all agreements, notices, disclosures and other communications that Luxury LAS Limited provides to the customer electronically satisfy any legal requirement that such communications be in writing.
21.2. Force Majeure: Neither party is liable to the other for any failure to perform its obligations under the Agreement to the extent caused by Force Majeure, provided that the affected party:
a. immediately notifies the other party and provides full information about the Force Majeure;
b. uses best endeavours to overcome the Force Majeure; and
c. continues to perform its obligations as far as practicable.
21.3. Waiver: If at any time we do not enforce any of these terms or conditions, or grant you time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition.
21.4. Severability: If any part or provision of these terms and conditions is considered to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties.
21.5. Entire Agreement: These terms and conditions in conjunction with our privacy policy form the entire agreement between us and you relating to your use of the services and our website.
21.6. Law: These terms and conditions are governed by, and must be interpreted in accordance with, the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand.