Last updated: 18 January, 2023. For bookings prior to this date, please refer to your contract in your Travel Details.
Active New Zealand Limited Partnership and its wholly owned subsidiary and its trading entities: Active Adventures or Austin Adventures, as the case may be, jointly referred to as “the Company”.
All references in these Booking Conditions to, “we”, “our” and/or “us” should be taken as referring to the Company.
A deposit of USD $500, or equivalent amount paid in the currency of the country in which you normally reside, is required to secure your booking. The deposit is non-refundable. However, provided you cancel your booking no less than 90 days (180 days for Africa trips) prior to your booked trip departure, your deposit will be held by us as a credit which you can use towards the balance of any future trip. Funds in credit cannot be applied as a new deposit.
Alternatively, your deposit may, upon receipt of your written request no less than 90 days (180 days for Africa trips) prior to your booked departure, be transferred to:
A. Any other scheduled departure date or trip;
B. Another person nominated by you, as a credit to be used towards the balance of any future trip. . A maximum of USD $500 (or relevant foreign currency equivalent) may be transferred to any one nominated person.
The outstanding balance shown on your invoice (including any additional items) must be paid in full no later than 90 days (180 days for Africa trips) prior to the departure date of your booked trip. For bookings made within 90 days prior to the departure date of your booked trip (180 days for Africa trips), the full balance (including any additional items) is required within 48 hours of booking confirmation. Failure to pay the outstanding balance by the specified due date will result in your booking being canceled and your deposit, and (subject to the cancelation and refund provisions below) any other funds paid, being forfeited in full.
Payments made by check will be deemed to be paid on the date upon which funds are cleared by the Company’s bank.
We accept ACH payments, checks (USD funds only, made payable to Active Adventures or Austin Adventures, as applicable) and most credit cards. Payment of the deposit must be made by credit card payment only. We do not accept American Express. When using a credit card for your trip balance payments, a 2% fee applies. This fee does not apply for payment of the deposit made by credit card.
We often publish our prices more than a year in advance. Between that time and the time of your trip’s departure, we may be faced with cost increases (e.g. foreign currency fluctuations, fuel surcharges, increases in cost of services). In the event of a significant change in costs, we reserve the right to apply a surcharge. If you pay in full at the time of booking, you are exempt from any such surcharges.
The following conditions apply, depending on whether a cancelation is made “by you”, “by us”, or “by force majeure”:
Cancelation 91 days before trip departure: Full trip payment will be refunded, less your deposit.
Cancelation 90-61 days before trip departure: 50% of your trip payment will be refunded.
Cancelation 60-0 days before trip departure: No refund applies.
BY YOU (Specifically for Africa trips)
Cancelation 181 days before trip departure: Full trip payment will be refunded, less your deposit.
Cancelation 180-91 days before trip departure: 50% of your trip payment will be refunded.
Cancelation 90-0 days before trip departure: No refund applies.
A cancelation by you will take effect from the date we receive notice in writing. No refunds will be provided in the event of voluntary or involuntary early departure from a trip. No refunds will be given for missed or unused services including, but not limited to, accommodation, activities and meals. We strongly recommend comprehensive travel insurance.
We are occasionally required to cancel a trip at any time prior to departure for reasons beyond our control, including when the minimum number of guests required to operate a trip is not reached. If your trip is canceled, you are welcome to transfer to an alternate departure for no additional fee, or transfer to an alternative trip (subject to any difference in price), or opt for a full refund.
BY FORCE MAJEURE
In circumstances where a cancelation is necessary due to any conditions or event beyond our control including, but not limited to, natural events, pandemics, border restrictions, terrorism, or political instability, we will endeavor to transfer your booking to an alternative departure or trip, or we will offer a trip credit to use towards the balance of any new booking.
All credits and refunds resulting from cancelation for any reason will be less any non-refundable expenses incurred by us. If your booking is changed or transferred for any reason, the booking Terms and Conditions in effect on the date your new booking is made will apply. We are not responsible for any additional expenses you may incur as a result of your booking being canceled or changed including, but not limited to, visas, vaccinations, medical expenses, clothing, equipment, testing, quarantine, travel insurance excess or flights.
You are welcome to change your trip (including any options) and/or departure date, subject to availability, at any time prior to 90 days (180 days for Africa trips) before the departure date of your booked trip. The following conditions apply:
A change of trip and/or departure will take effect from the date we receive notice in writing. We strongly recommend comprehensive travel insurance which covers cancelation and change penalties.
All credits and refunds resulting from a change of trip and/or departure for any reason will be less any non-refundable expenses incurred by us. If your booking is changed or transferred for any reason, the booking Terms and Conditions in effect on the date your new booking is made will apply. We are not responsible for any additional expenses you may incur as a result of any changes to your booking including, but not limited to, visas, vaccinations, medical expenses, clothing, equipment, testing, quarantine, credit card fees, travel insurance or flights.
ONE (1) offer or discount can be applied per person, per trip departure, at time of booking only and cannot be retrospectively applied. Discounts and offers cannot be combined unless otherwise stated or agreed to, including, but not limited to, loyalty dollars, Travel Vouchers, repeat customer discounts, and ongoing and limited time offers.
During busy times, we may operate simultaneous departures whereby some trips travel in the opposite direction to the stated itinerary. All reverse trips are run as per the itinerary, following the itinerary backwards.
Comprehensive travel insurance is strongly recommended to participate in our trips and in some cases mandatory. Your insurance plan should include full medical cover, emergency evacuation and emergency repatriation. You should also ensure you are covered for trip cancelation and have protection for any other issues including, but not limited to, flight cancelations or delays, loss of luggage and personal effects, and theft. Our Travel Insurance page outlines the requirements in more detail along with policy recommendations.
We will not allow you to participate in our trips in the Himalayas, Africa, and Latin and South America without adequate travel insurance. You are required to add your travel insurance information to your Travel Wallet by no later than 90 days prior to departure. If this information is not provided, we reserve the right to cancel your booking and standard cancelation policies will apply.
Effective September 1, 2022 vaccination against COVID-19 is no longer required to participate in our trips - except for our trips in the Himalayas where all guests must be fully vaccinated.
Some countries have vaccination requirements and other COVID-19 policies, which may affect your ability to travel. This is similar to visa requirements whereby entry to any given country is subject to certain criteria. It is each guest’s own responsibility to adhere to the regulations and guidelines as mandated by the country in which they are traveling. We recommend using CIBT for up-to-date requirements.
For the Himalayas only:
Between: Active New Zealand Limited Partnership and its wholly owned subsidiary and its trading entities: Active Adventures or Austin Adventures, as the case may be, jointly referred to as “the Company”.
And: The traveler named at the conclusion of this Participation Agreement “the Traveler”
All references in this Participation Agreement to, “we”, “our” and/or “us” should be taken as referring to the Company.
All references in this Participation Agreement to, “I”, “you” and/or “my” should be taken as referring to the Traveler.
I have carefully read the terms and conditions stated in these pages. In consideration for the right to participate, I agree as follows:
Although the Company has made reasonable efforts to assure my safety while participating in the trip and activities offered, I understand that there are certain risks, dangers, and hazards that are inherent. These include, but are not limited to, physical and mental fatigue, slips, falls, and collisions, encounters with wild animals, varied terrain, altitude-related illness, changing weather conditions, acts or omissions of the public or other participants, accident, or illness in remote areas without the possibility of immediate evacuation or availability of medical supplies or facilities, and accidents occurring during travel associated with the trip. Encountering these risks, dangers, and hazards could result in physical injuries, death, or damage to personal property. I understand that it is impossible for the Company to list in this agreement every inherent risk, danger, or hazard associated with participating. I understand and appreciate, however, that I may encounter these, and other inherent risks, dangers, and hazards not specifically listed in this agreement at any time. I also understand that the trip may include free time. Any activities not included during such free time are undertaken solely at my own risk and the Company, its guides or any other representatives are not liable or responsible for my actions.
I understand that due to the nature of the activities undertaken, during some of the itineraries (e.g. the African bush) the local guides may be armed (with weaponry) or carry other protective equipment (e.g. bear spray) for my safety.
I accept and assume all the inherent risks, dangers, and hazards associated with participation, whether known or unknown, including those specifically identified above. I am voluntarily participating with the knowledge of the dangers involved. I therefore release and discharge the Company and its owners, employees, subcontracted activity and service providers, and business partners from liability for bodily injury, death, property damage or theft, and any of the consequences thereof, arising from my participation in the trip. I enter into this release of liability on behalf of myself, and those members of my party who are under 18. I certify that I am the parent or guardian of any such minors.
Provided that nothing in this Statement of Understanding and Assumption of Risks and Release and Indemnity Agreement shall be interpreted as me releasing Active Adventures or its subsidiaries from liability for injuries, damage, death, or other loss to participant or others that may occur within the jurisdiction of the National Park Service and is caused by Active Adventures or its subsidiaries’ negligence, gross negligence, recklessness, or intentional conduct, including but not limited to any negligence with respect to Active Adventures or its subsidiaries’ judgments and decisions, or failure to take reasonable precautions to ensure it provides defect-free equipment.
As a traveler, I am aware of the danger of highly transmissible diseases such as the COVID 19 virus which are or may be transmitted through personal contact. I am further aware that I could be an unwitting carrier of such a disease and might transmit it to others in my vicinity if proper precautions are not taken. I therefore agree to follow all health and safety protocols and policies implemented by the Company, at all times during my travels, including the Company policies related to COVID-19 vaccination and testing, as well as all disease management or control protocols, policies, laws, rules, regulations and mandates enforced by any local or national jurisdiction that I will travel to. In particular I acknowledge and accept the risk posed to my person and to third parties from traveling to areas where there might be a risk of contracting or being exposed to transmissible diseases, and I waive any claim I may have against the Company and release the Company and its employees, officers, directors, and agents from any and all claims that may vest in myself or my estate which may arise out of my travel with the Company in relation to any such disease, including, but not limited to, my infection or transmission of the disease. In the event that I provide false information to the Company related to my vaccination or testing status, I waive any claim or defense I may otherwise have related to any harm or damages caused by, related to, or arising out of the provision of such false information, and do agree to indemnify and release the Company, its employees, officers, directors, and agents from any and all claims that may arise out of the same. I do furthermore waive any claim or defense I may otherwise have related to any harm or damages caused by, related to, or arising out of my failure to comply with the health and safety policies, protocols, laws, rules, regulations and mandates enforced by the Company, any local or national government, or any third party vendor in association with the Company, and do agree to indemnify and release the Company, its employees, officers, directors, and agents from any and all claims that may arise out of the same.
I accept and assume responsibility for my own negligent or reckless conduct while participating. I understand that the Company accepts and assumes responsibility for its own negligent or reckless conduct. I also understand that the Company has advised me to purchase trip insurance. I acknowledge that the Company can cancel my trip at any time, and/or exclude me from any activity(s), at my expense if I do not adhere to the instructions of a guide or any other person engaged by the Company to conduct any aspect of the trip, or if I am behaving in a manner that could affect the health, safety or wellbeing of others on the trip, including the guides and/or trip leaders. I agree that it’s at the complete discretion of my guide(s) to cancel any activity at any moment if there are concerns for the health, safety and wellbeing of the group or any individual. I accept that there will be no refunds for activities, travel, or any itinerary items missed for this reason.
I have reviewed the trip itinerary/description and have sought and obtained any further clarification that may have been required to ascertain the physical and mental requirements for completing the trip and I confirm that I meet those requirements, and that I will notify the Company immediately if my situation should change either prior to or at any time during the trip. I also confirm that I have fully disclosed any applicable medical conditions that may affect my ability to safely take part in my trip, by completing the medical section in my online Travel Wallet. I also acknowledge that the Company may cancel my trip at any time or exclude me from any activity if it becomes apparent to the Company, any of its guides, or any contractor responsible for providing any aspects of a trip or activity, at any time prior to or during the trip or activity, that I am likely to be unable to complete the trip or activity without undue risk to the health of myself or others, at the complete discretion of the Company. I accept that there will be no refunds for activities, travel, or any itinerary items missed for this reason.
The Company recommends that I consult with a physician before participating.
For my own and others’ safety, I agree to adhere to the Company’s rules regarding the consumption of alcohol. This means consuming no more than a maximum of one alcoholic drink during days where adventure activities are included in the trip and observing a minimum stand down of eight hours in the event more than two alcoholic beverages are consumed (for example, overnight rest following evening alcohol consumption) before participating in adventure activities. I agree not to consume or engage in any drug-taking while participating in the trip.
The Company may provide me with equipment for my use. The Company checks this equipment before each tour; however, I am responsible for checking the equipment upon receipt, as well as alerting guides of any change in the condition of the equipment that may occur during my use. I understand that I am in exclusive control of any such equipment once the Company provides it to me. I acknowledge that I have read the gear list, I agree to adhere to the recommendations, and I will carry or wear what is suggested by the guides throughout the trip and during any activity.
I provide consent, should the need arise, for my guide to administer first aid to me and any minors traveling with me. I fully release, indemnify, and hold harmless the Company from any and all actions, and any and all claims, for damages whatsoever which may hereafter arise as a result of any first aid, treatment in response to a set of signs or symptoms and/or the administration of any medication in response to a medical, implied consent or emergency situation that involves myself or any minors traveling with me.
I agree to adhere to the Company’s health and safety measures. I also agree to disclose any pre-existing medical condition and/or physical or mental condition, disability, or injury.
The Company reserves the right to take photographs and/or videos of me during the trip. I agree the Company may use any such photographs and/or videos for business purposes without payment or other consideration.
The Company strives to maintain the trip as advertised. On occasion, conditions beyond the control of the Company may necessitate changes, modifications, or alterations to the itinerary; the substitution of accommodations; or the omission or substitution of specific advertised activities. I accept that the Company may make such decisions in its sole discretion and is not responsible or liable for any expenses or losses that may result from those decisions.
My payment of the required reservation fee and execution of this participation agreement constitutes consent to all the provisions of the booking, any associated information provided including the itinerary and the provisions contained in this agreement. The Company provides no warranty, representation or terms and conditions regarding the trip other than those specifically stated in this agreement. I acknowledge that the Company is the tour operator and that I have no contract or agreement with any other person or Company.
This Agreement shall be governed, construed and enforced in all respects in accordance with the laws of New Zealand.
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