Terms & Conditions
1. Alps 2 Ocean Cycle Trail Limited (A2O)
A. A2O operates a the booking engine alps2ocean.com, servicing tourists seeking to use Facilities along the trail, in the Waitaki and Mackenzie Districts, New Zealand.
B. The Purchaser has, or will, purchase goods or services from A2O via the booking engine.
C. This Agreement records the terms and conditions on which A2O will sell and supply goods and services to the Purchaser on behalf of the Facilities.
TERMS OF THIS AGREEMENT
1. DEFINITIONS AND INTERPRETATIONS
In this Agreement, unless the context requires otherwise:
“Agreement” means this Agreement, together with any schedules and annexures;
“Entitlement” means a choice in action, which entitles its holder to attend selected facilities for the purposes purchased, in accordance with the Facilities’ various Conditions of Entry;
“Purchase Price” means the price advised by A2O to visitors via the alps2ocean.com booking engine;
“Facilities” means the various facilities located along the A2O trail;
“Conditions of Entry” means the conditions of entry that apply to any person who purchases and undertakes to visit any facility, as established by those facilities;
“PAX” means a person who purchases an Entry Ticket from the Operator.
“Booking” a commitment by A2O on behalf of the Facility to supply space for the Purchaser for the requested service;
“SERVICE Date” the date on which the service is due to be provided;
“Service” a service provided by a Facility;
“Goods” any promotional product offered for sale by A2O via the booking engine;
In this Agreement unless the contrary intention appears:
(a) A reference to a person includes a reference to a corporation, firm or association or other entity and vice versa.
(b) The singular includes the plural and vice versa.
(c) A reference to any gender includes a reference to all other genders.
(d) A reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provision substituted for such legislation or provisions.
(e) Headings are inserted for convenience only and do not affect the interpretation of this Agreement.
2. SALE AND PURCHASE
2.1 A2O agrees to sell and the Purchaser agrees to purchase Services and/or Goods on the terms and conditions in this Agreement.
3. PURCHASE PRICE
3.1 The Purchaser will pay the Purchase Price for the Service/Goods in accordance with the price listed by A2O. All prices are in NZ$, inclusive of GST (where applicable), and exclusive of applicable freight. Facilities reserve the right to change its prices due to tax increases, other governmental or regulatory action, and other events beyond the Facilities’ control. Notice will be given prior to any price change.
3.2 A2O will provide a GST receipt and itinerary summary to the Purchaser for the Purchase Price for all Services/Goods purchased if required.
3.3 The Purchaser shall pay the Purchase Price to A2O in NZ$ by Credit Card or Direct Credit to the nominated account.
4. SERVICE ENTRANCE
4.1 To guarantee space the Purchaser shall notify A2O the number of PAX and the services in which they will participate that the Purchaser wishes to purchase. A2O will exercise reasonable endeavours to provide the Service Entrance requested by the Visitor.
4.2 The Purchaser may not on-sell or assign or transfer Service Entrance that it purchases to another visitor without the Facilities’ prior written approval; all Goods purchased from the retail store or via its online shopping portal may not be resold.
5. PURCHASER’S OBLIGATIONS
5.1 The Purchaser agrees to make themselves aware of each specific Facilities’ Conditions of Entry, especially in regard to the use of cameras, video cameras, cell phones, audio recording devices, smoking, food, extra fees, and acceptable behaviour, etc., while attending the Facility.
5.2 The Purchaser agrees to comply with the Conditions of Entry.
6. CANCELLATION / NO SHOW / RETURN OF GOODS / REFUNDS
6.1 Cancellation of Service Entrance must be made 72 hours prior to arrival.
6.2 Arriving outside the required arrival time for any Service is considered a No Show, and could result in the forfeiture of the Service.
6.3 All faulty Goods purchased may be returned for any reason so long as they are accompanied by a receipt specifying the date and time of purchase, and the item purchased. Where the Goods are not in any way faulty, the right to a refund is at the sole discretion of A2O.
6.4 Refunds will be given for cancellations and the return of Goods. In all respects the Colony will meet its obligations under the Fair Trading Act and the Consumer Guarantees Act. There is a $35 Cancellation Fee for all Service Cancellations.
7.1 The Purchaser indemnifies and holds harmless A2O against all costs, losses and damages (whether direct or indirect) which A2O may incur as a result of any action or inaction of the Purchaser or any visitor accompanying them (including negligence).
8.1 No Waiver: Any waiver on the part of either party of any term, provision or condition of this Agreement shall not constitute a precedent or bind either party to grant a waiver of or be deemed to be a waiver of any subsequent breach of the same or any term, provision or condition.
8.2 Entire Agreement: This Agreement, together with the attached schedules, constitutes a complete and entire agreement of the parties and supersedes any prior communication, representations or agreements between the parties whether oral or written.
8.3 Governing Law: This Agreement is governed by the laws of New Zealand. The parties irrevocably submit to the non-exclusive jurisdiction of the New Zealand courts.
8.4 Force Majeure: A2O will not be liable for any breach of this Agreement or any failure to perform that is caused or contributed to by any Act of God, accident, strike, war, act of terrorism, action of any Governmental authority, law change or any other matter beyond A2Os control.
8.5 Counterparts: This Agreement may consist of a number of counterparts, each of which when executed shall be an original and all the counterparts together shall constitute on and the same instrument
A2O will from time to time collect data for use in delivery of goods, making reservations, and/or receipt and reply to comments made. In some cases this information is retained for the purpose of fulfilling the transaction. No information is used for marketing purposes, is kept secure and will not be released to any third-party. A2O does not collect or hold financial information beyond what is necessary to complete payment.
All goods will be delivered using NZ postal services, and will be trackable and traceable. Delivery times are dependent upon the destination of the goods. A2O endeavours to despatch goods within 5 working days of receipt of the order; delivery, however, is dependent upon the internal postal carrier in the country of destination.