Term & Conditions

Terms & Conditions

General Information

The following Conditions together with the General Information contained on our website form the basis of your contract with Fine Art Tours NZ. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.

Except where otherwise stated, these booking conditions only apply to arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “booking”, “contract”, “package”, “tour” or “arrangements” mean such arrangements unless otherwise stated.

In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “We”, “us” and “our” means Fine Art Tours NZ.

Making your Booking

To make a booking, you must complete our booking form. This must be signed by the first named person on the booking (“party leader”). The party leader must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By signing the booking form, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.

The completed signed booking form must then be sent to us together with the payments referred to below. (NB Provisional bookings may be made by telephone. We must however receive from you a signed completed booking form together with the payments referred to below within 7 days of the provisional booking having been made otherwise your booking will lapse and we will have no liability to you).

Subject to the availability of your chosen arrangements, we will confirm your booking by issuing a confirmation invoice. This invoice will be sent to the party leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within fifteen days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.

Payment

All tours and courses costing up to $500 NZD (New Zealand Dollar) per person must be paid in full at the time of booking. For all other tours the following deposits are payable at the time of booking if you are booking 10 weeks or more before departure:

$150 NZD per person for tours with a base price between $300 NZD and $1000 NZD

If you are booking less than 10 weeks before departure full payment for all tours must be made at the time of booking.

The balance of the tour cost must be received by us not less than 10 weeks prior to departure. This date will be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 7 depending on the date we reasonably treat your booking as cancelled.

Your Contract

A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader. We both agree that New Zealand Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under the NZ Arbitration Act 1996.

Fitness Conditions, Special Requests and Medical Conditions/Disabilities

If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.

We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.

All tours involve a fair amount of walking often over uneven cobbled streets, hillsides or steps. Participants on all tours should be able to walk at a reasonable pace and/or stand for at least thirty minutes without aid or requiring a rest. If you or any member of your party have any medical condition or disability which may affect your tour or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your tour develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel when we become aware of these details.

Changes by You

Should you wish to make any changes to your confirmed tour, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of tour dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the tour price where, for example, the basis on which the price of the original tour was calculated has changed.

If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than [two weeks] before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of $50 NZD must be paid before the transfer can be effected. Any overdue balance payment must also be received. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.

Certain additional arrangements (e.g. most flight tickets) cannot be changed after a reservation has been made and any alteration request or cancellation will incur a 100% cancellation charge of that element of your booking.

Cancellation by You

Should you or any member of your party need to cancel your tour once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges. Amendment charges are not refundable in the event of cancellation.

Cancellation charge per person cancelling

If we receive written notification of cancellation 70 days or more before departure then the cancellation charge per person cancelling is the deposit only (40% for tours/courses costing less than $500 NZD);

If we receive written notification of cancellation 69 – 29 days* before departure then the cancellation charge per person cancelling is 60%;

If we receive written notification of cancellation 28 – 15 days* before departure then the cancellation charge per person cancelling is 90%;

If we receive written notification of cancellation 14 days or less before departure then the cancellation charge per person cancelling is 100%.

* For our Customised Tours  a 100% cancellation charge applies from 31 days before departure.
Certain additional arrangements (e.g. most flight tickets) cannot be changed after a reservation has been made and any alteration request or cancellation will incur a 100% cancellation charge of that element of your booking.

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.

Where any cancellation reduces the number of full paying party members below the number on which the price agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.

See clause “CHANGES BY YOU” if any member(s) of your party is prevented from travelling.

Insurance

We consider adequate travel insurance essential for all tours abroad, covering medical expenses and repatriation. You accept full responsibility for ensuring that all members of your party comply with the terms and conditions of the travel insurance purchased. You must give us details in writing of your (insurer and policy number) no later than the date the balance of the cost of your tour is due. We will give you a form to complete for this purpose. If you fail to do so, we reserve the right to cancel your booking. Please note that insurance premiums must be paid as soon as possible as cover (including cancellation cover) will not be effective until you have paid all applicable premiums in full.
Please read your policy details carefully and take them with you on tour. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check insurance policies.

Changes and Cancellation by Fine Art Tours NZ

It is unlikely that we will have to make any changes to your travel arrangements, but as we plan the arrangements many months in advance we do occasionally have to make changes and we reserve the right to do so at any time. Most such changes will be minor and we will advise you of them at the earliest possible date. Routings and itineraries can be affected by adverse weather conditions, road closures or similar and may vary accordingly.

We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required to operate a tour is not reached, then we may cancel it. We will not cancel your travel arrangements, except for reasons of force majeure or failure by you to comply with our booking conditions (such as paying the final balance). If we are unable to provide the booked travel arrangements you can either have a full refund of monies paid or transfer monies paid to another available tour/course (we will refund any difference if the alternative is of lower value). Please note that we do not have any responsibility of liability for any consequential loss you may incur from arrangements made with another party or parties.

Please note that carriers such as airlines may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outbound/inbound flights by less than 12 hours and change of accommodation to another of the same standard.

If we make major changes to your Tour we will inform you as soon as reasonably possible if there is time before your departure. Examples of major changes include a significant change of accommodation to that of a lower standard, a change of flight time of more than 12 hours, significant change to itineraries, a change of destination and a change of. Please note that these are examples only and there may be other changes which are considered major. You will have the choice of either accepting the major changes of arrangements or cancelling your booked holiday and receiving a full refund of monies paid.

Force Majeure

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

Our Liability to You

(1) We promise to make sure that the tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted tour arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted tour arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: – the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or ‘force majeure’ as defined in the above clause.

(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which a hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase locally. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the NZ which would have applied had those services been provided in the NZ. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the tour in question.

(5) As set out in these booking conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under sub-section (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour.

(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question.

(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which firstly on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or which secondly did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.

(8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in the clause below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

Complaints and Problems

In the unlikely event that you have any reason to complain or experience any problems with your tour whilst away, you must immediately inform our local representative or agent (if we have one) and the supplier of the service(s) in question.

Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible.

If we do not have or you cannot contact our local representative or agent and any complaint or problem is not resolved to your satisfaction by the supplier, you must contact us in the UK, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.

Arbitration

Disputes arising out of, or in connection with this contract which cannot be amicably settled may be referred to arbitration if you so wish. An Independent Dispute Settlement Service may be called upon by either side to bring the matter to a speedy and amicable solution. Details available on request.

Your Responsibilities

(i) Your specific passport, visa and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

(ii) You must be responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your tour or, if newly diagnosed, as soon as known, before date of departure. We can only accept your booking upon the clear understanding that we cannot be liable if you do not inform us of such a condition and an airline refuses to accept you or any member of your party as a passenger. You are also responsible for ensuring that you adhere to any health requirements/recommendations, such as vaccinations, for any country you are visiting – please contact your doctor in good time before departure, bearing in mind the exact requirements can change without notice.

(iii) You must be responsible for the behaviour of yourself and your party. We reserve reasonable discretion to refuse your booking or to remove you or a member of your party from any tour or holiday if the demeanour or behaviour of you or a member of your party is disruptive, dangerous or annoying to other people. No refund or payment of any costs incurred by you will be made by us under these circumstances.

(iv) All tours involve a fair amount of walking, often over uneven cobbled streets, hillsides or steps. You must be responsible for ensuring that you and all members of your party are able to stand and to walk at a reasonable speed for at least thirty minutes at a time, without aid or requiring a rest.

Brochure/Website/Advertising Accuracy

The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us at the time of booking.

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