Terms of Service

1. Acknowledgement & Agreement

By instructing us to carry out services for you, you acknowledge that you understand and agree with these Terms of Service (Terms), which apply to any services Your NZ Concierge Limited (we, us or our) carry out for you.

These are the only Terms on which we contract with you. The confirmation of a booking by us (Booking Confirmation) and these Terms comprise our contract with you and must be read together as one document.

Where there is any conflict between the Booking Confirmation and these Terms, the Booking Confirmation shall prevail.

2. Our Services

We operate as a luxury travel concierge, itinerary planning and destination management business focused on New Zealand travel experiences and other related travel services. Our services may include, but are not limited to:

• Itinerary design and planning
• Travel coordination and destination management
• Concierge services before and during travel
• Reservations and bookings for accommodation, restaurants, activities, guides, experiences, events and other travel-related services
• Transport coordination, including arrangement of private chauffeur services
• Any other travel services agreed in writing between you and us

Private chauffeur transport and ground transport services may be arranged by us as part of your journey. Where transport is supplied by our related company, Your NZ Driver Limited, the Booking Confirmation will identify whether transport is being supplied by us as principal (using YourNZDriver) or contracted directly with Your NZ Driver Limited. Transport supplied by Your NZ Driver Limited is subject to the terms and conditions of Your NZ Driver Limited.

(together the Services).

3. Bookings

You may request our Services by completing the booking application on our website, by phoning us, or by emailing us using the contact details on our website. We may accept or reject any request for Services in our sole discretion.

A booking for Services is not confirmed until we have issued a Booking Confirmation, you have accepted that Booking Confirmation, and the fees and/or deposit has been received by us. However, we may carry out preliminary planning, itinerary design, scoping, proposal preparation or other preparatory work as agreed in writing with you and after payment of the Planning Fee (Planning Services).

It is your responsibility to check and ensure that the details of the Booking Confirmation are correct and meet your requirements.

4. Third Party Suppliers

We may arrange, coordinate, facilitate, subcontract or provide Services in one or more capacities. Depending on the nature of the particular Service, we may act:

• As your agent — where we arrange, request, reserve or book Services with our approved third party suppliers (Supplier) on your behalf
• As coordinator or facilitator — where we arrange, recommend, coordinate or facilitate a Service, but you book or contract for that Service directly with the relevant Supplier
• As principal — where we contract directly with a Supplier or subcontractor and provide, package or on-charge the relevant Service to you

The Booking Confirmation may identify the capacity in which we act for particular Services. Different capacities may apply to different parts of the same itinerary.

Where we act as your agent, the contract for those Supplier Services is between you and the Supplier. You authorise us to make bookings, provide relevant information to Suppliers, communicate with Suppliers, accept or communicate usual Supplier terms on your behalf where reasonably necessary, and make payments to Suppliers from amounts paid by you.

Where we act as coordinator or facilitator, your contract for the relevant service is directly with the Supplier. We are responsible for exercising reasonable care and skill in arranging, recommending, coordinating or facilitating that Service, but we are not responsible for the Supplier's performance of its own services.

All Supplier Services are subject to the relevant Supplier's own terms and conditions, policies and requirements. You are responsible for complying with those terms where they apply to you or to any traveller included in your booking.

5. Pricing & Payment

Our fees for the Services are set out in the Booking Confirmation (Booking Fee). Planning fees payable in connection with the Planning Services will be notified to you separately in writing (Planning Fee). The Booking Fee and the Planning Fee are subject to change if you request any alteration to the Services and we agree to that alteration.

Planning Fees may vary according to the duration of your journey, the number of destinations, the complexity of the arrangements, the number of services being researched or arranged, logistics and the overall planning workload. The Planning Fee for your journey will be confirmed with you before detailed planning begins.

Payment Schedule

• Planning Fee — payable before we commence any Planning Services. The Planning Fee is non-refundable once Planning Services have commenced. If a Booking Confirmation is subsequently issued and accepted by you, the Planning Fee will be credited towards the Booking Fee.
• Booking Fee deposit — once a Booking Confirmation is issued and accepted, a non-refundable deposit of 30% of the Booking Fee is payable, less any Planning Fee credited.
• Final balance — the balance of the Booking Fee is due 60 days before travel, by the date stated in the Booking Confirmation.

Each payment is payable in full, in New Zealand dollars, without any set-off, counterclaim, deduction or withholding on or before the due date.

Where we act as your agent, amounts paid to us for Supplier Services may be collected, held or administered by us on behalf of the relevant Supplier or for the purpose of administering your Booking Confirmation.

If any amount is not paid when due, we may charge interest on overdue monies at 5% per annum above our bank's current overdraft rate, you will be responsible for all recovery costs (including legal costs), and we may terminate or suspend any Services.

6. Supplier Commissions & Commercial Benefits

You acknowledge that we may receive commissions, referral fees, preferred partner benefits, or other commercial benefits from Suppliers.

Unless otherwise agreed in writing by us, we may retain those commissions, fees, preferred partner benefits, or other commercial benefits.

7. Amendment & Cancellation

We, or the Suppliers, may amend or cancel a Booking Confirmation:

• To correct errors
• If you breach or fail to comply with your obligations under these Terms, the Booking Confirmation or any applicable Supplier terms
• For reasons outside our (or the Supplier's) reasonable control, such as weather, availability, health and safety, road conditions, operational issues, or force majeure events

We will notify you as soon as practicable after we become aware of any cancellation, amendment, or significant change to your Booking Confirmation. If your Booking Confirmation is cancelled because you fail to comply with your obligations, you will not be entitled to a refund. If we or a Supplier cancel for reasons outside our control or to correct errors, we will provide a fair refund of amounts paid to us, less any amounts we are unable to recover from the relevant Supplier.

If we or a Supplier need to make a material change for a reason other than those above, you may either accept the change or request a cancellation and/or re-booking of alternative Services, subject to the consent of the applicable Suppliers.

Changes or Cancellations by You

If you want to change, defer or cancel any details of your Booking Confirmation, we will do our best to help but cannot guarantee that changes will be permitted by the relevant Supplier or that any refund will be provided. Requests for a refund of monies paid for any Services will be governed by the terms and conditions of the relevant Supplier. You should familiarise yourself with the cancellation and refund policy of the applicable Supplier prior to booking.

For the avoidance of doubt, the Planning Fee once Planning Services have commenced, and any deposit payable, remain non-refundable.

Where you do not attend, or are sufficiently late as to be considered not to have attended booked Services, a cancellation fee of 100% of the prices paid for the Services will apply.

Where we incur any liability for a cancellation fee, amendment fee, Supplier charge or other third-party cost for any booking made by us as your agent that you cancel or amend, you agree to reimburse and indemnify us for the amount of that fee, charge or cost, in addition to any service fee we may charge.

8. Consumer Rights

Nothing in these Terms limits, excludes or modifies any rights you may have under the Consumer Guarantees Act 1993 or any other rights that cannot be excluded or limited by law.

If you are acquiring Services for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply to the supply of those Services.

9. Travel Insurance

Comprehensive travel insurance is strongly recommended for all guests. Travel insurance can provide protection against unforeseen circumstances including cancellation, medical expenses, lost luggage, travel delays and disruption.

We are not responsible for obtaining travel insurance on your behalf, and any recommendation we make does not constitute advice as to the suitability of any particular insurance product for your circumstances. You should obtain your own advice regarding appropriate travel insurance cover.

10. Travel Documents, Passports & Visas

It is your responsibility to ensure that you and all travellers in your party hold valid passports, visas, and any other travel documents required for entry into and travel within New Zealand. Passport validity requirements and visa conditions vary by nationality and may change.

We are not responsible for any loss, delay or expense arising from your failure to obtain or hold valid travel documents. We may provide general information about entry requirements, but you should verify current requirements with the relevant authorities before travel.

11. Luggage & Personal Property

You are responsible for your luggage and personal property at all times during your journey, including at accommodation, in vehicles, at attractions and during transfers. We and our Suppliers are not liable for loss of, or damage to, your luggage or personal property except where caused by our negligence or breach of these Terms.

We recommend that you maintain appropriate travel insurance covering your luggage and personal effects throughout your journey.

12. Exceptional Circumstances & Force Majeure

Neither we nor our Suppliers will be liable for any failure or delay in performing our obligations where the failure or delay is caused by circumstances outside our reasonable control, including but not limited to natural disasters, adverse weather, epidemic or pandemic events, war, terrorism, civil unrest, government action, strikes, industrial action, road closures, or supplier failures (Exceptional Circumstances).

Where Exceptional Circumstances affect your journey, we will use reasonable efforts to assist with alternative arrangements, but we are not liable for any consequential loss, additional cost or inconvenience arising from such circumstances. Any refunds will be subject to the terms of the relevant Suppliers and the amounts we are able to recover.

13. Limitation of Liability

To the maximum extent permitted by law, our liability for any breach of these Terms or any Service we provide is limited to the amount of the Booking Fee paid by you for the Service that gave rise to the claim.

We are not liable for any indirect, consequential, special or punitive loss or damage, or for any loss of enjoyment, loss of opportunity, or loss of anticipated savings.

We are not liable for the acts, omissions or performance of any Supplier. Where a Service is provided by a Supplier, the Supplier's terms and conditions apply to that Service, and any claim relating to that Service should be pursued against the Supplier in accordance with their terms.

14. Mitigation & Refunds from Suppliers

Where a refund is available from a Supplier in respect of a cancelled or amended Service, we will use reasonable efforts to obtain and pass on that refund to you, less any reasonable administrative costs and any amounts we are unable to recover.

The timing and amount of any refund from a Supplier is subject to that Supplier's own refund policy and timeframe. We are not obliged to provide a refund to you until we have received the corresponding refund from the Supplier.

15. Relationship with Your NZ Driver Limited

Your NZ Concierge Limited and Your NZ Driver Limited are related companies. We may arrange private chauffeur transport and ground transport services through Your NZ Driver Limited as part of your journey.

The Booking Confirmation will identify whether transport is being supplied by us as principal (using Your NZ Driver Limited as our subcontractor) or whether you are contracting directly with Your NZ Driver Limited for transport services. Where you contract directly with Your NZ Driver Limited, that company's terms and conditions apply to the transport services, and these Terms do not apply to those transport services.

We and Your NZ Driver Limited may share information reasonably necessary to quote, coordinate and deliver services for your journey, in accordance with our Privacy Policy.

16. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter are governed by and construed in accordance with the laws of New Zealand.

You and we submit to the exclusive jurisdiction of the courts of New Zealand, except where the context requires otherwise.

17. Entire Agreement

These Terms, together with the Booking Confirmation, constitute the entire agreement between you and us in relation to the Services and supersede all prior discussions, negotiations, representations and agreements, whether written or oral.

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.