TERMS AND CONDITIONS
References to “TripADeal”, “us”, “we” and “our” in these terms & conditions (Terms & Conditions) shall mean Trip A Deal NZ Company Number 6844434. In the context of limitations of liability and responsibility, it also includes our parents, subsidiaries, affiliates and their respective directors, officers, employees, contractors, agents, affiliates, successors, representatives, and assigns.
References to “customer”, “passenger”, “you” or “your” shall mean the named person who places the order and where the context requires (including in respect of liability and responsibility provisions) includes all persons intending to travel on the order.
2. OUR ROLE AS YOUR AGENT
TripADeal provides to you, booking and advisory services in respect of travel, accommodation and other leisure activities (Booking Services). TripADeal is neither a common carrier nor a private carrier and does not provide any of the travel, accommodation or other activities, services or products meals, facilities, goods and travel products or services on your holiday or in relation to it, and over whom TripADeal has no direct control and which are offered on its website (Travel Services).
TripADeal’s Booking Services are used to purchase Travel Services from third party suppliers and travel product and service providers, including (without limitation) third party airlines, coaches, rail and cruise or ferry operators, land carriers, hoteliers, tour operators, tour guides, tour directors, travel agents, meal facilitators, or the providers of any other product or service, who provide Travel Services (Suppliers).
TripADeal acts as your agent and is not the agent of any Supplier.
By acquiring the Booking Services from us, you agree that you have read and understood both these Terms & Conditions and the terms and conditions of the Suppliers in respect of Travel Services.
You pay us for providing the Booking Services to you.
For the avoidance of doubt, these Terms & Conditions apply to communications and/or orders made directly with our consultants, whether over the phone, by email, via social media/online chat, in-store, and to orders placed online via our website.
3. ACKNOWLEDGMENT – THE SUPPLIER PROVIDES THE TRAVEL SERVICES TO YOU
Once you have acquired Booking Services from us, the Supplier will provide you with the Travel Services on terms and conditions agreed between you and the Supplier (Supplier Terms). The Supplier Terms are either provided with your booking information, available from the Suppliers, or available from us on request, and may include rules and restrictions about the use and availability of products and services, refund and cancellation policies and the limitation or exclusion of liability for death, personal injury, delay and loss or damage to baggage. It is your responsibility to obtain and read all of the Supplier Terms.
You pay the Supplier for providing the Travel Services to you.
Before you can place an order, at the point of payment, you will be required to acknowledge and confirm that you have read and accepted the Terms & Conditions and you agree to the relevant Supplier Terms.
By making the acknowledgment you confirm that:
(a) you agree to comply with the Terms & Conditions and Supplier Terms;
(b) you are aware of and will comply with any and all health, medical, visa and passport requirements of the country or countries you intend to visit, as well as the responsibility to obtain all required documentation or vaccinations prior to travel;
(c) you are 18 years of age or over, and have the authority and capacity to place an order and act on behalf of all persons for whom you are placing an order and all persons intending to travel on the order; and
You will not be authorized to proceed to order placement until this acknowledgment is made.
Please note that, in administering the Terms & Conditions, TripADeal will only deal with the named person who placed the order in respect of a travel offer or any resulting travel. Information contained in personnel records will not be disclosed to any external organisations except where required for authorised purposes or with the consent of the account holder concerned. Disclosure to another traveller or emergency contact will only take place with the approval of the account holder concerned, where the information is necessary to prevent or lessen a death or injury, or where required by law.
4. THE TRAVEL OFFER
Promotion on our website of a Supplier’s travel offer for Travel Services (Travel Offer) does not constitute a legally binding offer, but rather, an invitation to book travel subject to our inventory allocation system. We reserve the right to modify, change, extend, withdraw, remove or cancel the Travel Offer at any time.
These changes or modifications can include but are not limited to, variances to published content relating to the Travel Offer including the overview, the itinerary, the listed summary of tour inclusions and the important information sections (which includes all published prices, government taxes, levies, fees, fuel surcharges, validity, mandatory surcharges and itinerary elements (including listed inclusions, listed exclusions, departure dates, departure cities, travel group size, flight options, cruise options, listed accommodation, touring sites and schedule, ground transport, transfers and flight routing)). Some or all of these changes may be subject to factors outside of TripADeal’s control.
In the event of a material itinerary change occurring prior to travel, we will use reasonable endeavours to arrange the supply of an alternative and comparable or higher standard. Such changes will be communicated to affected customers.
TripADeal and the Suppliers reserve the right to upgrade customers in their own discretion, without justification or explanation. Where for logistical reasons an upgrade becomes available and required, we will use a higher standard than that which was purchased. However, where an upgrade is not required to upgrade everyone, we will ensure customers will at a minimum receive what they have agreed to at the time of purchase. TripADeal will not compensate or refund customers who do not receive a complimentary upgrade.
All Travel Offers listed on our website operate via a fixed but live internal inventory allocation system for the most part relevant to the departure date and option type availability. This system initially allocates available inventory in respect of a Travel Offer at the point of purchase to customers who have made an order where an allocation is possible. TripADeal reserves the right to remove, add, secure, place on hold and/or release allocations to a travel offer and to orders in line with our internal inventory allocation system.
5. PRICING AND PAYMENT
All Travel Offers listed on our website are heavily discounted and available for a limited time only. For this reason, we require full payment at the time of order placement and payments are typically non-refundable.
All prices of our published Travel Offers are listed in New Zealand Dollars (NZD) unless stated otherwise. The published prices of the Travel Offer includes all New Zealand taxes, charges and service fees, including GST (where applicable). All prices are subject to availability and can be withdrawn or varied without notice.
Payment can be made with Paypal, POLI, ZipMoney, by credit card or by bank transfer. For bookings made directly with TripADeal, a fee of 2.0% on Visa & MasterCard debit cards, 2.0% on Visa & MasterCard credit cards, 2.95% on American Express and 2.5% on PayPal is applicable and these fees are subject to change. If paying by bank transfer, please note that your order is not secured until the funds clear into our account.
Some additional extras, supplements, and/or surcharges may be payable after order placement, as specified in the important information section on the deal home page. The price payable is also subject to a number of other factors including any customisations and additions made by you, changes to travel arrangements, currency fluctuations, fuel surcharges, government taxes, levies and airfare increases. We reserve the right to adjust any fees, charges or prices as necessary to reflect a material cost increase, being greater than 10% of the travel offer.
We reserve the right not to honour any published prices that we determine were erroneous due to printing, clerical or electronic error, except in the case of manifest error by us.
In the event of a price decrease, we are not obliged to refund you to match any subsequent price reduction after order placement.
Travel Offers are typically promoted as a base ‘per person’ price based on twin share travel where one order quantity is valid for one person. A quantity of 1 needs to be selected on order placement for every person travelling twin share on the same order.
In the instance of Travel Offers promoted as ‘2 for 1’ deals, the Travel Offer is typically promoted at a base price for two persons where one order quantity is valid for two persons. A quantity of 1 needs to be selected on order placement for every two persons travelling twin share on the same order.
All Travel Offers will highlight the number of adults and where applicable, children, that the offer is valid for under the “Important Info and Offer Essentials” section on the advertised deal on our website. All other mandatory surcharges including but not limited to second person surcharges, solo traveller surcharges, departure date and/or city surcharges, the selection of additional optional extras, other government taxes, levies, gratuities, or listed fees are in addition to the listed base price as per the terms of the Travel Offer.
6. ORDER CONFIRMATION
Immediately following payment in full, the customer will receive an order confirmation via email and/or at account login via our website (Order Confirmation). Please ensure you read this Order Confirmation carefully, to ensure that your booking is accurate. Most of our Travel Offers will require submission of an online Passenger Information Form within 72 hours of order placement in order to complete your booking.
The Order Confirmation will contain helpful information including a timeline of what the traveller can expect will happen next. The booking process can vary from deal to deal so it’s important to check if you have further requirements in order to complete your booking.
Please note, we will not be liable for any expenses, fines, penalties, costs, liabilities, damages or losses incurred as a result of failure to read and follow the instructions as listed on your Order Confirmation.
7. SUBMISSION OF PASSENGER INFORMATION FORM / NEW PASSPORTS
The majority of Travel Offers require the provision of key passenger information in order to commence the booking process. These details are required to confirm all Travel Offer itinerary elements including but not limited to airline ticketing requirements, cruise line cabin booking confirmations, accommodation rooming specifications, specific flight dietary requirements and/or medical, mobility requests.
As such, most orders will require the submission of an online passenger information form (Passenger Information Form) within 72 hours of order placement for all persons intending to travel. A link to the Passenger Information Form shall be provided to the customer with their Order Confirmation and can also be accessed on the passenger’s account login via our website. TripADeal will use reasonable endeavours to provide both email and/or text reminders to complete the Passenger Information Form and/or to provide new passport details. The information supplied in the Passenger Information Form is required to be accurate and final at the time of submission. The Passenger Information Form will require the passenger’s name and date of birth details to be supplied as per the passport to be used at the time of travel. Additional information such as bedding configuration, flight, dietary, medical and mobility requirements are also requested.
Special requests, including but not limited to dietary and mobility requirements, are strictly subject to availability and must be advised on your online Passenger Information Form. We will make every effort to accommodate special requests, however, these cannot be guaranteed.
The details contained in the Passenger Information Form are directly input into our reservation, ticketing and/or cabin booking systems. Any fees and costs associated for the correction of errors in a Passenger Information Form will be the sole responsibility of the passenger. Charges are based on the Suppliers fare rules, cancellation and change policies relating to the booking at the time. Costs can involve one or more of the following, any fare difference at the time, full cancellation and the cost of new fares (should changes not be permitted), Supplier(s) change/reissue fees as well as TripADeal’s change fee.
An order will not be considered final until the Passenger Information Form is returned for all persons intending to travel as specified. Following TripADeal receiving the Passenger Information Form, TripADeal can and will begin the reservations process. Should customers seek to make voluntary changes after the reservation process has begun, all changes are subject to availability, the schedule of fees listed on the Travel Offer as well as any difference in fares as at the time the request is made.
All customers must have a valid passport for international travel, with at least 6 months validity from the date of return and at least 2 blank pages at the time of travel. You must submit your Passenger Information Form within the specified 72 hours from order placement, even if you or anyone in your travel party are awaiting a new passport.
You will be advised how and when to supply new passport details at the time of submission of your Passenger Information Form. If you fail to comply with the deadline for the provision of new passport details, you may be booked on a different flight, train and/or be seated in a separate cabin than your travel companions (subject to availability). You will be liable for any expenses, fines, penalties, costs, liabilities, damages or losses incurred related to any required ticket reissue should the new passport details (e.g. passport number/date of issue/date of expiry/country of issue) not be supplied by the specified deadline.
In order to protect the integrity of the information supplied in the Passenger Information Form, the customer will be asked to check and confirm that all information inputted is correct as certain information cannot be amended without cost once the Passenger Information Form has been submitted.
TripADeal reserves the right to cancel all or part of any order(s) in the instance where the Passenger Information Form (or new passport details) is not returned within the specified period. TripADeal will not be liable for any expenses, fines, penalties, costs, liabilities, damages or losses incurred as a result of failure to comply with the order placement requirements listed on the Travel Offer or order completion instructions listed on your Order Confirmation. Where an order is cancelled due to noncompliance with the Passenger Information Form (or new passport details) submission deadline, TripADeal reserves the right to charge an order offload fee of NZ$200 per order.
8. TRAVEL DOCUMENTATION
The final stage of the booking process is TripADeal’s delivery of travel documentation with respect to the Travel Offer purchased. The travel documentation contains important information such as confirmed accommodation, flight itineraries, cruise information and information on how to apply for Visas as New Zealand Passport holders, if required (Travel Documentation). TripADeal shall use reasonable commercial endeavours to provide the Travel Documentation 4-6 weeks prior to the core tour departure date selected. An estimated Travel Documentation delivery date will be listed on your Order Confirmation.
Please note, for customers where “arrive early” have been purchased greater than 2 weeks prior to your core departure date, please contact TripADeal should you require these documents earlier for Visa applications. TripADeal is not responsible for your failure to obtain a visa in this or any circumstances, including if you are overseas. Only in exceptional circumstances will TripADeal provide early release of flight itineraries prior to the supply of Travel Documentation.
It’s your responsibility to check all of your Travel Documentation– including but not limited to ticketed customer names and dates of birth are as per the passport to be used at the time of travel, flight tickets, departure/arrival dates and time, cabin check-in instructions, baggage allowances, accommodation/stopover details, visas and insurance requirements/documents immediately upon receipt and advise TripADeal as soon as possible of any errors or changes required.
Once you have received your Travel Documentation, you are responsible for managing all aspects of your booking including (without limitation) confirming any changes to flight itineraries directly with the airline at least 48 hours prior to travel and verifying the departure time. You do this through the documentation sent to you or alternatively, you can check the airline website or phone the airline directly, at least 48 hours prior to each flight. TripADeal is not responsible for communicating airline schedule changes once the Travel Documentation has been issued.
Please ensure you read your Travel Documentation 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 the responsibility of the customer. TripADeal will not be liable for any expenses, fees, penalties, costs, liabilities, damages or losses associated with baggage allowances and excess baggage.
9. BOOKING PROCESS AND ORDER AMENDMENTS
TripADeal is authorised to commence the ticketing and booking process for all customers on the order upon return of the Passenger Information Form. At this time, all order components are considered final. Where a change request is made after submission of the Passenger Information Form, the request will be subject to availability and will incur change administration fees.
Changes can include but are not limited to arrive early/stay behind, stop-over package, flight class upgrades, cruise cabin upgrade options, accommodation upgrades, bedding and rooming configuration requests, or any request to correct information already provided on the Passenger Information Form.
Any change request other than post-purchase payments specified in the important information section on the deal home page, will be considered as strictly as a request and cannot be guaranteed.
Change administration fees can include but are not limited to, flight reissue fees and fare differences, cabin and/or accommodation booking reissue fees, any price differences relating to the change in option originally selected by the customer at the time of purchase and TripADeal change fees.
In some instances, absolutely no changes (even at a cost) are permissible once the Passenger Information Form has been returned.
10. CANCELLATION AND REFUND POLICY
All Travel Offers listed on our website are heavily discounted and available for a limited time only. As such, our Booking Services are non-refundable except in accordance with our Cancellation and Refund Policy. Refunds for Travel Services are subject to the terms and conditions that you agreed with the Suppliers. All orders are considered non-transferable or changeable without cost and subject to availability once the Passenger Information Form has been submitted.
All proposed cancellations must be communicated to TripADeal as soon as they become known, and must be validated and authorised by TripADeal.
Where a partial cancellation is required, any request to change passengers are strictly subject to the deal conditions, the Supplier Terms, availability and at TripADeal’s discretion. All associated costs will be the responsibility of the new customer. Fees and charges will apply. Quotes to make changes of this nature are based on the retail rate of the services available at the time the request is made. The package prices are based on pricing structures at the time of sale, strict internal booking deadlines and the number of allocations purchased and are therefore not applicable to a change of passenger.
Please contact TripADeal on 0800 555 260 - for further information with respect to cancellation queries or for full details please refer to our Cancellation and Refund Policy.
11. LIMITATIONS OF OUR LIABILITY
Because we only provide you with the Booking Services and you pay us for the Booking Services, we are liable to you in accordance with these Terms & Conditions and including in circumstances where we have breached our obligations in providing the Booking Services to you.
The scope of our engagement with you is the Booking Services, and our obligation to you is strictly limited to the Booking Services. We act as your agent in performing the Booking Services to acquire Travel Services from the Suppliers. We do not provide the Travel Services set out on our website which are provided by Suppliers.
Nothing in the Terms & Conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees/warranties that cannot be lawfully limited, excluded or modified as provided under Competition and Consumer Law.
If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option:
(a) in the case of products:
(i) the replacement of the products or the supply of equivalent products; or
(ii) the payment of the cost of replacing the products or acquiring equivalent products; and
(b) in the case of services:
(i) the supply of the services again; and
(ii) the payment of the cost of having the services supplied again.
To the maximum extent permitted by law, TripADeal shall not be liable for any indirect or consequential loss, cost, damage, liability or expense.
Subject to the Consumer Guarantees, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) which is suffered directly or indirectly in connection with the:
(a) use of (or inability to use) our website or any linked website;
(b) disruption to our website;
(c) the delivery or non-delivery of the Travel Services; or
(d) any act or omission of the Suppliers or other third parties.
All information on our Website relating to Travel Services or a Supplier is provided by the Suppliers or other independent third parties. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by Suppliers.
All Travel Documentation issued by TripADeal, including but not limited to Order Confirmations, receipts, itineraries, tickets, coupons and contracts, is subject to the Supplier’s Terms, which constitutes the sole contract between the Supplier and you, and any other person(s) intending to travel.
12. SUPPLIER LIABILITY
We understand (having made reasonable inquiries) that the Suppliers are reputable and operate in accordance with the standards set down by their local authorities.
However, we make no warranties or guarantees in respect of the reputation or operation of the Suppliers and are not liable to you for any breach of the Supplier’s obligations to you in respect of the provision of Travel Services in accordance with the respective Supplier Terms.
For the avoidance of doubt, the Supplier is liable to you for a breach of any obligations in providing you with the Travel Services, in accordance with the respective Supplier Terms.
The Travel Services are provided subject to the Supplier Terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to passenger’s person and/or effects), which may not be expressly the subject of our contractual agreement. To the maximum extent permitted by law, we accept no liability or responsibility in connection with Supplier Terms, conditions or limitations and do not make or give any warranty or representation as to their content or standard.
If for any reason (excluding negligence on our part) any Supplier is unable to provide the Travel Services that you have purchased, your rights are against that Supplier and not against TripADeal. This includes (without limitation) where Travel Services cannot be supplied or itinerary changes occur or any other loss or damage suffered by the customer due to delay, cancellation, or disruption in any manner caused by (a) the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof or other authorities, or (b) acts of God including (without limitation): (i) explosion or fire; or (ii) storm or cyclone (of any category); or (iii) flood, storm surge, or high or rapidly flowing water however caused; or (iv) landslides; or (v) earthquake or tsunami; or (vi) volcanic eruption; (c) impact of vehicles or aircraft; (d) failure of a public utility; (e) sickness, quarantine, epidemic or pandemic (including COVID-19); (f) civil unrest and strikes; (g) industrial action (other than industrial action limited to the affected party or a subcontractor); (h) war (including civil war), rebellion or insurrection; (i) acts of terrorism; (j) radioactive or biological contamination; (k) failure of equipment or machinery; (l) theft; (m) malevolent acts; or (n) any other cause(s) beyond our control (each a Force Majeure Event).
Except to the extent a problem is caused or contributed to by our negligence, any legal recourse you may have in respect of the Travel Services is against those Suppliers and not against TripADeal. TripADeal may, in its ultimate discretion, arrange the supply of comparable travel products and services and itineraries. However, for the avoidance of doubt, in the absence of our own negligence, we are not liable for any cancellations, diversions, substitution of equipment, variations, postponements, or any other acts, omissions or defaults by Suppliers, nor for any consequences thereof, including but not limited to changes to services, itineraries, accommodation or facilities.
TripADeal reserves the right to vary, withdraw or cancel any Travel Offers by written notice in the event they cannot be supplied or the itinerary is changed due to a Force Majeure Event or other events which are beyond our control.
To the maximum extent permitted by law, except where caused or contributed to by negligence on our part, TripADeal is not and does not accept any responsibility or liability in contract, tort or otherwise for any injury, illness, death, cost, loss, damage (including but not limited to loss or damage to persons, baggage and property), delay, diversion, substitution of equipment, variation, postponement, liabilities, expense or inconvenience arising directly or indirectly from or in connection with:
(a) the acts, errors, omissions, default or negligence of Suppliers or other third parties including government authorities, airlines, coach, rail or cruise operators, land carriers, hoteliers or any other suppliers, nor for any consequences thereof, including but not limited to changes to or lack of availability of transport, services, accommodation or facilities; or
(b) a Force Majeure Event.
We will make commercial reasonable efforts to avoid and mitigate the adverse effects resulting from such events beyond our control.
To the maximum extent permitted by law, TripADeal is not and does not accept responsibility or liability for any acts, errors, omissions, default or negligence of any person who is not its direct employee or under its control, including (without limitation) any government or governmental authority, officer or employee, and also including any employees, officers or agents of any Supplier such as airlines, coach, rail, cruise or ferry operators, shipping companies, or any other transport providers, hoteliers or other accommodation providers, land carriers, tour operators, tour guides, tour directors, travel agents, or the providers of any other meals, facilities, goods and travel products or services on your holiday or in relation to it and over whom TripADeal has no control. TripADeal is not and does not accept responsibility for any criminal conduct by any third parties.
To the maximum extent permitted by law, TripADeal is not and does not accept responsibility or liability for any requirements, terms or conditions of any Supplier or other third parties who provide some travel products or services in the course of your holiday. All bookings made by TripADeal with Suppliers or other travel product or service providers on your behalf are subject to the requirements, terms and conditions of those persons which may not be expressly the subject of our contractual agreement, particularly in relation to the applicable laws, policies and requirements of any government, governmental authority or employee including visa, entry, exit or transit requirements.
If, during your travel, you occupy a transport seat fitted with a safety belt, TripADeal is not and does not accept liability for injury, illness, death or other loss, damage or claim arising from any incident or accident where the safety belt is not being worn correctly at the time of any incident or accident.
TripADeal is not and does not accept any liability or responsibility for your acts, omissions, defaults, conduct, state of health, condition or circumstances, or failure to comply with the terms, conditions and requirements of any Suppliers or other third party travel products or suppliers, or country or governmental authorities, or any of their officials, servants or agents.
If you decide that you do not wish to visit a country or part of a country you had intended to visit because of any law, condition or requirements of Suppliers or any country or governmental authority, official, servant or agent, or because of circumstances beyond our control (and including any Force Majeure Event), you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees.
In relation to any responsibility or liability which cannot be excluded by law or despite the limitations above, if TripADeal is found liable for any loss, damage, cost, liability or expense which arises out of or in any way is connected with any of the occurrences described above, then to the maximum extent permitted by law TripADeal’s liability will in no event exceed, in the aggregate, the greater of:
(a) the amounts you paid to TripADeal in connection with the Booking Services; or
14. HEALTH REQUIREMENTS
All customers must possess appropriate fitness (whether physical, medical or otherwise) that deems them well enough to travel. It’s your responsibility to ensure that you’re aware of any specific health requirements for your travel destination(s) prior to order placement and be responsible for ensuring that any applicable needs can be met during travels.
This includes understanding whether you are authorised to carry or use certain medications and or medical/mobility equipment (including batteries with respect to flights and cruises) and/or whether you are required to provide supporting medical documentation such as prescriptions or medical certificates.
For some countries, a failure to disclose a health condition, proof of vaccination or a medical certificate may result in the applicable country/airline/cruise refusing you entry/boarding, or in you being detained, expelled or repatriated from the applicable country at your cost.
Where possible, specific health/fitness requirements of the tour or destination(s) will be listed in the important information section on the deal home page.
If you have any concerns regarding health requirements of the travel destination(s), we suggest you refer to your health professional and/or the Ministry of Foreign Affairs and Trade (MFAT) ‘Safe Travel’ service prior to placing an order. We recommend that you contact MFAT or visit their website www.safetravel.govt.nz for current advice. You can also register your travel plans with MFAT so you’re easily contactable in case of emergency. TripADeal does not provide any medical advice.
All medical requests, including but not limited to access to power, refrigeration and travelling with the use of mobility aids are subject to a number of factors including the transportation, destination and local standards, accommodation, airline, cruise-line and any other suppliers used. These requests are beyond the control of TripADeal, and although we will include this request as a file note to the providers, your request cannot be guaranteed. It is your responsibility to follow up with the Supplier directly either in the destination or prior to travelling where possible.
15. VISA REQUIREMENTS
TripADeal customers are advised to check all visa requirements prior to order placement as the organisation and obtainment of visas, including transit visas and re-entry permits, will be the customer’s responsibility.
TripADeal recommends all travellers prior to purchasing a Travel Offer, understands the entry and exit rules of the destination(s) they are travelling to. To check, as a New Zealand Passport holder the destination’s advice please go to www.safetravel.govt.nz
In instances where a visa is required, most issuing countries will require you to provide confirmed travel itinerary details such as confirmed accommodation and flight itineraries. This information will be provided to you in your Travel Documentation.
TripADeal strongly advises that customers do not apply for any required visas until receipt of their Travel Documentation. Please also note, Travel Documentation can only be supplied to you 2-4 weeks prior to departure in the event of arrive early for up to 14 nights in duration. For customers who select an arrive early that is greater than 14 nights, or place an order within 6 weeks of travel, your Travel Documentation will only be sent to you within 2-4 weeks of departure.
If you do not obtain the correct visas, for whatever reason, you will be liable for any associated expenses, fees, penalties, costs, liabilities, damages or losses and are not entitled to a TripADeal refund as this decision is outside of the control of TripADeal.
TripADeal offers a visa processing service for selected destinations, so please call our team on 0800 555 260 if you'd like to enquire about processing your visa with us. Please note, any applications made directly with the embassy or a third party provider should be followed up with them directly as these applications and queries are strictly beyond the control of TripADeal
TripADeal will provide general advice in your Travel Documentation, however, this is subject to change without notice and all visa requirements remain the responsibility of the customer to ensure you follow the appropriate entry and exit requirements.
16. TRAVEL INSURANCE REQUIREMENTS
You should immediately after purchasing Travel Services, take out comprehensive travel insurance as TripADeal have a strict Cancellation and Refund Policy. Purchasing a comprehensive policy can help to protect yourself and any other persons intending to travel from unforeseen circumstances or an inability to travel through your insurer's cancellation cover. If you purchase Travel Services and decline travel insurance, you may be required to sign a disclaimer. For further information with respect to cancellation queries or for full details, please refer to our Cancellation and Refund Policy.
You must read and consider if the product disclosure statement (PDS) provided to you has the appropriate level of cover before the cooling off period ends subject to your insurer’s policy. TripADeal has no responsibility for and excludes all liability in relation to your insurance claims. TripADeal recommends travel insurance (where available) against loss of deposits through cancellation charges, baggage loss, medical expenses, theft and the insolvency of TripADeal or any of the Suppliers and including protection against a Force Majeure Event or for any other requirements specific to your travel plans.
TripADeal makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim. You agree not to hold TripADeal responsible for any decision made by insurers, and/or by any Suppliers, or requirements of any overseas country or governmental authority or overseas laws and policies. Insurance providers are considered as a third-party, any contract is between you and the selected provider.
Be aware that some insurers may not cover countries that are sanctioned by the United Nations. These countries may include Central African Republic, Crimea and Sevastopol, Democratic People's Republic of Korea (North Korea), Democratic Republic of the Congo, Eritrea, Former Yugoslavia, Guinea-Bissau, Iran, Iraq, ISIL (Da'esh) and Al-Qaida, Lebanon, Libya, Mali, Myanmar, Russia, Somalia, South Sudan, Sudan, Syria, The Taliban, Ukraine, Yemen and Zimbabwe. Additionally, insurers may not cover countries or regions that are the subject of a ‘Do not travel’ warning issued by the New Zealand Government. These additional countries may include Venezuela, Afghanistan, Burundi, Chad and Mali.
17. OFFER AND VALIDITY PERIODS
Each Travel Offer will list its specific order validity details in the important information section of the deal home page with respect to available travel period and/or specific departure dates, any high season surcharges, solo supplement option (where applicable) and the number of adults and/or children the offer is valid for when purchasing a quantity of 1 (subject to rooming configurations). Orders are valid only for the confirmed travel date selected and once the travel date selected has passed, the order will be considered void and is non-refundable in full or in-part if unused.
For some escape offers, the booking is subject to final confirmation from the accommodation provider. If you do not receive an email from the accommodation provider within 7 Business Days please contact TripADeal. If the selected dates cannot be secured an alternative date can be selected. In the event no available dates are suitable, a full refund will be provided. As such any third party additional arrangements should not be made until the final confirmation is received and any associated fees for changes or cancellation are the liability of the customer. The specific booking instructions is outlined on the Travel Offer’s “important information” section.
18. MANDATORY FEES & OTHER CHARGES
We use reasonable endeavours to list any likely mandatory charges, optional or mandatory gratuities, government taxes, levies, fees or other charges that you or an intending customer may incur on their tour on the important information section on the deal home page. Any payment in this regard (where relevant) must be made in line with the payment instructions in this section. Please note that an NZ$150 second person surcharge is payable on certain China tours direct to the tour operator.
Often government taxes, levies, fees and other charges change at the discretion of government or other authorities or Suppliers whereby TripADeal has no direct control, and we do not accept responsibility or liability for any changes to any of this information after order placement.
19. TRAVEL GROUP SIZE AND MINIMUM NUMBERS CRITERIA
As a guide to the likely size of an individual travel group, many TripADeal packages list the minimum and maximum numbers in the important information section on the deal home page. These are to be used as a guide only. Some international package tours may have multiple groups departing on a single departure date.
Many TripADeal packages have minimum numbers required in respect of a Travel Offer for the tour to depart. In the unlikely event where minimum numbers are not met, TripADeal reserves the right to cancel any or all affected orders. Alternatively, TripADeal may provide affected customers with the option to transfer to another Travel Offer or departure date.
Additionally, TripADeal reserves the right to determine the continuance of a Travel Offer on the scheduled departure date despite published minimum number criteria not being met and is not obliged to cancel, refund or compensate with respect to affected customers.
TripADeal reserves the right to determine the notification period with respect to communicating minimum number order amendments to the customer.
20. LINKED BOOKING REQUESTS
Our booking process and Passenger Information Form allow a customer to request that we link one or more orders to that of a friend or family travelling on another order. Information with respect to making a linked booking request is contained on the Passenger Information Form.
Given that TripADeal is authorised to commence the ticketing and booking process for all customers on the order upon return of the completed and verified Passenger Information Form, linked booking requests are subject to the strict condition whereby each request must be made on each order’s Passenger Information Form and be returned within 48 hours of each other.
The linked booking request may be refused if the linked Passenger Information Forms are not returned within the required 48 hour period.
Where a linked booking request is made, TripADeal will use commercially reasonable endeavours to book and/or ticket all itinerary elements together. If a linked booking request is not fulfilled this may mean that customers do not travel or stay together. Linked booking requests are strictly subject to availability and are not guaranteed. TripADeal does not accept any responsibility or liability with respect to linked booking requests which are not fulfilled.
TripADeal reserves the right to modify, change, extend or withdraw published flight terms such as airline selection and/or scheduling with respect to the Travel Offer at any time due to changes beyond our control.
For example, this means flights may arrive a day earlier or later, involve a transit, a stopover, or a substitute airline. As airlines have the right to reschedule or cancel flights at any time, any such changes are beyond our control.
Due to scheduling used by some airlines, stop-over flights may arrive into a city very early in the morning and/or may depart very late at night. Please note that standard hotel check-in is after 2:00 pm and check out at 11:00 am and any early or late check-in requirements will be the responsibility of and at the cost to the customer, are subject to availability and are to be directly arranged with the accommodation provider.
TripADeal Flight Ticketing Policy operates using minimum connecting times are as per International Air Transport Association, airport and airline specifications. Flights sectors are booked as advised by the operating airline and in accordance with their terms and corresponding airport regulations.
Flights are booked in what is called a ‘sequence’ whereby if flights are missed or customer(s) fail to check-in or notify of a cancellation or forfeiture and are subsequently considered a ‘no-show’, the remaining flight sectors are cancelled. Please note, this is not a decision made by TripADeal, this is a decision made by the airline.
In the event of a flight/ticket being cancelled, TripADeal is not able to reverse this decision and the customer bears full responsibility of all costs or losses involved including (without limitation) costs to re-book flight tickets, and/or transfers/accommodation to catch up with the tour. No refunds, free of charge replacement tour departure dates or other itinerary changes are permissible in such circumstances.
Please also note, significant delays may result in a ‘no-show’ and involuntary cancellation with respect to pre-booked accommodation unless prior notice is provided, particularly in relation to delayed arrivals into a stopover destination.
If for any reason, a customer cannot make their flight, they must contact the airline directly immediately so as to attempt to avoid losing the entire booking, and/or incur extra costs at the customer's expense. Customers who fail to notify the airline prior to check in closing will be liable for any airline no-show fees.
Additionally, in the event of a significant departing flight schedule change that is greater than an hour delay, customers will need to notify the local tour guide/hotel/transfer service via the specific contact details provided in the Travel Documentation.
Furthermore, for customers that must independently travel a considerable distance to the departing airport at the commencement of any tour, TripADeal strongly advises all customers to arrange to arrive at the departure city one day earlier to avoid possible travel/traffic/domestic flight delays and/or cancellations and the risk of missing the departing international flights.
Regardless of personal preference, TripADeal reserves the right to ticket you on any of the published airline(s) or their codeshare partners as listed on the important information section on the deal home page and in line with the published airline’s scheduling/routing and availability.
For further information please refer to our Flights Policy.
22. Pre or post tour stopovers/Tour Extensions
Many of our international Travel Offers provide both pre and post tour stop-over packages as an additional option available at check-out. All information relevant to the stop-over package will be listed in the “important information” section on the deal home page. Stop-over packages may include two nights of 4-star accommodation, return airport hotel transfers and daily breakfast.
TripADeal reserves the right to determine the hotel used for the stop-over package and the accommodation booking details will be provided in the Travel Documentation.
Both a pre and post our stop-over may be chosen. However, the stop-over location must be the same each way due to the fact that the same airline and its stop-over hub is used on both outbound and inbound journeys.
23. Arrive early/stay behind
The options to arrive early/stay behind are provided on most of our international Travel Offers. The fees charged in selecting these options relate to flight schedule change administration fees only and do not include extra nights’ accommodation, meals or airport transfers. In addition, airport transfers listed as an inclusion on the Travel Offer are considered void in the event that you require the services outside of the allocated collection time scheduled for the core tour group by selecting an arrive early/stay behind option. As such, you will need to arrange your own transfers at your cost and any expenses, fines, penalties, costs, liabilities, damages or losses incurred as a result will be your sole responsibility. You will need to provide the number of nights you wish to arrive early/stay behind when placing your order. These requests are subject to availability at the time of ticketing and any block out dates listed within the “important information” section of the Travel Offer.
If for any reason, a customer cannot make any scheduled cruise departure, they must contact the cruise or local tour operator directly and immediately so as to attempt to avoid losing the entire booking, and/or incurring extra costs at the customer’s expense.
In the event of a missed cruise departure, all costs involved to re-book the cabin/cruise, and/or transfers/accommodation etc. to catch up with the cruise are the responsibility of the customer. No refunds, free of charge replacement tour departure date changes or other itinerary changes are permissible in such circumstances.
Furthermore, for customers that must independently travel a considerable distance to the departing port at the commencement of any cruise embarkation, TripADeal strongly advises all customers to arrange to arrive at the port as early as possible to avoid possible delays and /or cancellations and the risk of missing the departing cruise. Where flights are included in your Travel Offer with the cruise component, schedules have been carefully considered to ensure any minimal flight delays will not likely impact on the customer’s ability to meet the port departure.
Customers will need the information contained in the Travel Documentation before finalising the cabin check-in process.
Cabin category selection, cabin upgrades, and any other cruise-related requests are strictly subject to availability and are not guaranteed. Cabin placement is allotted on a run of ship basis and some cabins will have obstructed views.
25. ACCOMMODATION AND LAND
TripADeal reserves the right to modify, change, extend, or withdraw published accommodation terms with respect to the Travel Offer at any time due to changes beyond our control.
For example, technical or administrative reasons on the part of an accommodation provider may mean that a substitute hotel or room needs to be provided.
Accommodation including hotel descriptions are based on current guides provided by Suppliers. Any facilities described are subject to change at any time. We have made reasonable inquiries to verify that the descriptions and details are accurate, but to the maximum extent permitted by law do not warrant the accuracy of such information. Please note that standard hotel check-in is after 2: 00 pm and check out at 11:00am.
(a) Bedding configuration
Most facilities offer a ‘twin bedding’ (two separate beds - typically of single size) or ‘double bed’ options in relation to the bedding configuration for accommodation and cruises. You will be asked to list your preference on your Passenger Information Form. Please note bedding requests are subject to availability.
(b) Maximum room capacity
As most Travel Offers are based on twin share, the maximum rooming capacity is typically for two people. The maximum room capacity will be listed in the “important information” section on the deal home page. Where triple share is permissible, this too will be listed on the Travel Offer.
(c) Triple share
In the instances where triple share is permissible as listed in the “important information” section on the deal home page, the bedding configuration available for a triple share is likely to comprise the usual bedding configuration options as listed above plus another single bed or ‘rollaway’ travel cot to accommodate the third person.
(d) Adjoining or connecting rooms
To request accommodation located in close proximity to friends or family members travelling on another order, please request this at the time of purchase by calling 0800 555 260. These requests are subject to availability and cannot be guaranteed.
(e) Non-smoking rooms
All rooms are booked as non-smoking where possible. However, this cannot be guaranteed as not all accommodation providers and destinations offer dedicated non-smoking rooms.
(f) Personal belongings/luggage/porterage
Customers are responsible for their own personal belongings at all times and TripADeal does not accept any liability for any loss or theft, destruction of any personal belongings or luggage. Any loss, theft or damage must be taken up directly with the Supplier and/or reported to your insurer. Customers are expected to carry their own luggage or at least be travelling with someone who can assist them. Should you require any assistance with luggage during travel, it will be at your own cost as hotel porterage is not included unless clearly listed on the Travel Offer.
26. SOLO TRAVELLER SURCHARGE
The majority of Travel Offers list the price per person based on twin share, where two people will be sharing their accommodation. For some Travel Offers, where a customer intends to travel as a solo traveller and therefore will not be sharing their accommodation with another traveller, a solo supplement may be required. In these instances, the mandatory solo surcharge will be clearly listed on the “important information” section on the deal home page and is payable on order placement. TripADeal does not offer or provide a room pairing service.
Where travellers are sharing a room and feel they are not happy to continue sharing with their travel partner, on tour or prior to travelling, the responsibility of purchasing additional rooms will not be with TripADeal, travellers will be responsible for any additional related costs (subject to availability). TripADeal accepts no responsibility in the event you are incompatible with your travel partners(s) for any reason. This includes, (without limitation) travellers who have met on any online social travel partnering website(s). TripADeal take no responsibility for your personal safety or the safety of your possessions as a result of friendships formed through these groups. As per our Refund and Cancellation policy, this will be considered as a “change of mind” should you wish to no longer travel based on these reasons. In the event, only one traveller chooses to remain, the solo supplement will apply in order to continue travelling on the order. Any order cancelling based on this reason is strictly non-transferable and non-refundable.
27. CHILD TRAVELLER POLICY
Some Travel Services enforce a child traveller policy as imposed by the relevant Supplier. In these instances, the child traveller policy will be clearly listed on the “important information” section of the deal home page accessible on our website. It is the responsibility of the customer to check the child traveller policy and ensure that all travellers on their order satisfy the listed requirements. In the instances where an order has been placed for any customer(s) in contravention of the child traveller policy, TripADeal reserves the right to cancel the order less an NZ$200 order offload fee per affected person and any non-refundable already incurred ticket, cabin or accommodation costs. TripADeal may offer to provide a customer name replacement opportunity whereby the affected customer can be replaced with another person who meets the age requirement or charge an additional fee that the accommodation provider may enforce in allowing a child in contravention of the child traveller policy. TripADeal is not responsible for any cost or additional fees in the instance where a customer has failed to comply with the child traveller policy.
28. DEPARTURE DATES AND HIGH SEASON SURCHARGES
The Travel Offer is valid for travel on the listed and available departure dates as listed on the important information section of the deal home page.
Most Travel Services will require a departure date to be selected on order placement and once the travel date selected has passed, the order will be considered void and is non-refundable in full or in-part if unused.
In some instances, we may need to pass one or more high season surcharges for certain departure date periods on to the customer. Departure date high season surcharges are clearly listed on the important information section of the deal home page and are payable on order placement.
Due to flight schedules, TripADeal reserves the right to have travellers leave a day earlier or later than their selected departure date, involve a transit, a stopover, or a substitute airline.
29. DEPARTURE CITIES
Available departure city options are specific to each Travel Offer where international flights are included and are listed on the “important information” section of the deal home page.
Departure city options offered are dependent on the air component of the Travel Offer with reference to ticketable airline schedules, routes and costs. TripADeal reserves the right to determine the departure city options listed on any Travel Offer and enforce one or more departure city surcharges where scheduling and availability have been deemed to be restrictive to the Travel Offer. Any applicable departure city surcharges will be payable at order placement.
The departure city option as listed and available departure dates as listed on the important information section of the deal home page must be selected at order placement.
All persons travelling on the one order must depart from and return to the same departure city option as per the options provided at check-out.
In the instance where a person in your travel party intends to depart from and return to a different departure city option from those listed on the Travel Offer, a separate order must be placed for the person travelling from the different city and then orders linked on your Passenger Information Form. In this circumstance, TripADeal will use reasonable endeavours to book all land/cruise itinerary elements together however, all flights are subject to availability and routing and therefore are not a component able to be linked on different departure cities. Linked booking requests are strictly subject to availability and are not guaranteed. TripADeal does not accept any responsibility or liability with respect to linked booking requests which are not fulfilled.
If a tour group does not receive a reasonable number of participants in order to fill a full-sized touring coach, we reserve the right to use a smaller type of transportation. Any vehicles used for local transfers, tours and day excursions or optional tours may not have access to toilet facilities on board. Individual country laws regarding coach transportation will be abided by at all times.
For most international Travel Offers, the airport to the hotel and/or hotel to airport transfers are listed as an inclusion as per the specific Travel Offer. Transfer transportation is typically a smaller coach or vehicle and in some cases, airport and hotel arrival and departure transfers will combine multiple travel groups. This is dependent on airline scheduling and airport ground transport requirements.
Transfers are typically not included where an arrive early/stay behind has been added to the order and the arrangement and cost of any transfer in these instances becomes the responsibility of the relevant customer(s).
In the event of a flight cancellation or delay, travellers must contact their emergency contact prior to arrival to see if the transfer can be rearranged. Where this is not possible, travellers will be required to make their own way to the hotel and contact their travel insurance to see if they are eligible for a claim. TripADeal is not liable for reimbursement of missed inclusions due to flight cancellations or delays.
32. LAND ACTIVITIES & OPTIONAL DAY TOURS
Some Travel Offers may include the option to request or purchase additional land activities and/or optional day tours/tour extensions or internal domestic transport upgrade options.
These options will be clearly listed in the “important information” section on the deal home page along with instructions on how to purchase (whether at order placement or directly with the tour guide or tour leader once on the ground in the destination country).
Some tours and/or activities are subject to availability, minimum numbers and weather constraints. In circumstances where these tours cannot go ahead and you have prepaid, you may receive a refund on return. Change of mind to participate in any prepaid activities may not be eligible for a refund due to the cancellation policy of the Suppliers.
33. SHOPPING AND PURCHASES
TripADeal does not ensure or guarantee the quality or value of any goods purchased or the suitability of any retail outlets visited during travel. The purchasing of goods and the use of a credit card for those transactions is entirely at your own discretion and at all times the customer must use their own discretion. We will not be liable for any expenses, fees, penalties, costs, liabilities, damages or losses incurred as a result of transactions you make while travelling. Please also note, it is the responsibility of the individual to research and declare all relevant items to comply with local and New Zealand customs laws. Any items that are confiscated will not be compensated.
34. TOUR GUIDES AND TOUR LEADERS
Some Travel Offers may include a tour guide or a tour leader. Tour guides and tour leaders are not a standard inclusion on all Travel Offers and will only be made available when particularly required to enhance the experience of the destination featured.
TripADeal does not accept responsibility for the standard, behaviour or comments of a tour guide or a tour leader.
35. ORDER PLACEMENT
We reserve the right to accept or reject an order for any reason after that order has been placed, including but not limited to, an error in the price or description, the unavailability of any product or service, or an error in the administration of your order.
In placing your order, you acknowledge that we retain the right to remove any person(s) from your travel group for reasons that impact on the enjoyment or safety of other tour members, including but not limited to, the physical, medical or other inability of customers to undertake the arrangements of the tour, unsocial, illegal, disruptive or unruly behaviour, or the carriage of prohibited substances or materials.
Aside from permissible free time as listed on the itinerary, all persons on the order are required to remain with the tour for its full duration unless previously arranged and approved by TripADeal. Should it become necessary for any person on the order to leave the tour without prior approval for any reason, TripADeal or the local tour operator must be notified immediately.
If a customer is found to be non-locatable after reasonable efforts have been made to contact them, the local authorities will be contacted and the remaining components of their tour will be cancelled. Please note that this isn’t just TripADeal policy, in some countries, it may be considered illegal to travel outside of an official tour group.
In the instance where we have to cancel any remaining component of a tour as detailed above, any unused portion of the package will be non-refundable and cannot be exchanged for other services or cash.
We reserve the right to cancel an order in the event of fraud, abuse or illegal activity, and refer such activity to the relevant authorities.
36. TRAVEL ADVICE
Prior to order placement, it’s your responsibility to be aware of the safety, local conditions, and issues that may exist/arise at your travel destination(s). You are responsible for complying with all local laws, regulations and customs in all countries and locations to which you travel, which in some cases can be very different from those at home.
We recommend that you contact MFAT or visit their website www.safetravel.govt.nz for current advice.
You can also register your travel plans with MFAT so you’re easily contactable in case of emergency.
37. COMPLAINT PROCEDURE
We are committed to dealing with complaints quickly and effectively. If a problem occurs whilst in transit, on route, within the destination or on your journey home, you must attempt to find a resolution locally with the relevant Supplier within 24 hours as a first step. Failure to follow this course may result in any following claim for a refund (where available) being reduced or denied.
All complaints need to be made via the Online Feedback Form, where the details of the issue are to be recorded. The form can be accessed via the Support page located on our website or logging in through the ‘My Deals’ section using customer login details.
By completing the form, TripADeal will assess and seek an appropriate resolution to the issue.
Complaints must be received within 30 days from the return of travel, or from the date the incident occurred. Complaints submitted outside of this timeframe will not be accepted.
Complaints made through any other channel will not be accepted. Failure to lodge a complaint within this time period may result in any following claim for refund (where available) being reduced or denied. You must attach all relevant receipts and supporting documentation, including efforts made with the Supplier to resolve it. All refund claims are subject to our Complaints Policy and the Cancellation and Refund Policy.
Our Website General Term of Use apply to your access to, and use of, the TripADeal website. The Website General Term of Use form a part of these Terms & Conditions and is available here.
40. PROMOTION TERMS AND CONDITIONS
From time to time TripADeal may conduct promotions including but not limited to credit/coupon/voucher promotions and other giveaways or competitions. You should refer to the terms and conditions of such promotions which are normally posted on our website or otherwise are provided on request.
41. MONIES NOT HELD ON TRUST:
All monies paid by you to us will be the property of TripADeal and may be paid to Suppliers on or before the date upon which the services to which the money relates are to be 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 our own and/or other customer monies.
42. CREDIT NOTE:
All Credit Notes issued by TripADeal from time to time and at any time shall be subject to the below terms and conditions.
Subject to the TripADeal Cancelation and Refund Policy, if your travel booking is cancelled (in whole or in part) for any reason (whether by you or by TripADeal or by any Supplier, or by operation of any law, regulation or Government order, pronouncement or decree, or for any other reason, including arising out of or in connection with any Force Majeure Event), we may offer, in our discretion, to keep the full or a partial amount of your booking (less any administration fee and/or supplier cancellation fees, if any) on file with TripADeal (Credit Note). TripADeal may waive administration and cancellation fees if you opt to receive a Credit Note for the full amount of your booking.
Your Credit Note will be valid until at the expiry date printed on your Credit Note (Term). You may redeem your Credit Note during the Term for a future booking which involves travel that will happen, including after the expiration of the Term. Please note that TripADeal will continue to review the expiration date of the Term in respect of your Credit Note as we evaluate the impact of any event outside of the reasonable control of TripADeal, including any travel restrictions arising due to COVID-19.
A Credit Note may be used for one or multiple future travel bookings and any balance will be held by TripADeal in accordance with these Credit Note Terms and Conditions.
No additional TripADeal booking fees will be charged to you when you make a booking using your Credit Note, however you may be charged any applicable fees or charges imposed by any Supplier you book your travel with through us.
To the maximum extent permitted by law, unless these terms or the written terms upon which TripADeal may offer any Credit Note to you expressly provide otherwise, Credit Notes: (i) are non-refundable; (ii) are non-transferable; (iii) are not cash or currency, and are not a stored value, gift card or store credit product; (iv) cannot be combined with other offers, vouchers or discounts; (v) cannot be redeemed for cash or credit; (vi) cannot be used or re-issued after the Term except at the sole discretion of TripADeal; and (vii) may be subject to additional terms and conditions as agreed in writing between TripADeal and you from time to time. You must not purchase or sell Credit Notes and TripADeal does not sell Credit Notes. At all times, Credit Notes remain the property of TripADeal.
If you initiate a credit card dispute or chargeback with your bank or credit card company, or if you institute recovery proceedings in any Court or Tribunal, for the return of the funds charged for your travel booking, you won't be eligible for a Credit Note for such booking. TripADeal reserves the right to refuse, void, cancel, reject or hold for review your Credit Note if we believe that you have initiated a chargeback for your travel booking and also elected to receive a Credit Note despite the chargeback.
By accepting a Credit Note, you are agreeing that the Credit Note is in lieu of any refund you might be entitled to receive in connection with cancelling your travel booking whether under the Cancellation and Refund Policy, in these Terms and Conditions, or applicable law. By electing to receive a Credit Note and/or by using the Credit Note you are agreeing to these Credit Note Terms and Conditions.
Subject to your rights under the Consumer Guarantees Act, upon acceptance of a Credit Note, you release TripADeal from any and all claims and liabilities, without limitation, relating to your travel booking, your inability to complete the travel booking, and/or any refund or compensation you might be entitled to in relation to cancelling your travel booking.
Except where prohibited by law, TripADeal reserves the right to refuse, void, cancel, reject or hold for review any Credit Note mistakenly applied in an incorrect denomination or applied or procured, directly or indirectly, in connection with fraudulent actions, fraudulent claims, compensation abuse or in connection with any violation of these Credit Note terms and conditions or TripADeal's Terms and Conditions. TripADeal also reserves the right to any remedy, including disqualifying you from participation in the Credit Note offer, if it suspects or determines that you have committed fraud or otherwise violated the Credit Note terms and Conditions or TripADeal's Terms and Conditions.
We may update these Credit Note terms and conditions at any time without prior notice. If we amend these Credit Note terms and conditions, we will post the amended Terms and Conditions on the tripadeal.co.nz website, applications, or services, which are effective upon posting. Use of any Credit Note after any amendment shall constitute consent to such modification.
43. ENTIRE AGREEMENT
Except where otherwise expressly stated, these Terms & Conditions do not create any relationship of principal and agent, joint venture, partnership or fiduciary relationship between you and TripADeal and you agree that you are an independent entity.
45. NO ASSIGNMENT
You must not assign, transfer or novate these Terms & Conditions or any rights or obligations under these Terms & Conditions without the prior written consent of TripADeal.
46. NO WAIVER
You may not rely on our words or conduct as a waiver of any right unless that waiver is in writing and signed by TripADeal.
In these Terms & Conditions:
(a) words in the singular include the plural and vice versa;
(b) if a word or phrase is defined its other grammatical forms have corresponding meanings;
(c) ‘includes’ means includes without limitation; and
(d) an obligation to use reasonable endeavours does not require a party to incur a commercial detriment or payment obligation.
To the extent that any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. In the event this is not possible, the clause (or where possible, the offending part) is to be severed from this these Terms & Conditions without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses as the case may be) which will continue in full force and effect.
49. JURISDICTION AND GOVERNING LAW
These Terms & Conditions will be governed and interpreted in accordance to the laws of New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.