Terms and Conditions - Active Travels

ACTIVE TRAVELS TERMS AND CONDITIONS

By purchasing and/or using an Active Travel travel pass you agree to be bound by the following terms and conditions. In these terms and conditions references to “you” or “your” mean the purchaser of the travel pass and/or the passenger using the travel pass as the case may be. References to “Active Travels” or “our” mean Pure Road Trips Limited.

Active Travels reserves the right to vary any fares, routes, overnight stops, pricing, inclusions, accommodation operators, departure dates, times and locations without notice. Active Travels reserves the right to substitute other vehicles in place of our own. Active Travels product inclusions and advertised accommodation operators are not guaranteed and will be provided where possible.
Active Travel Travel Passes are transferable if transfer has is made formally through our office at least 7 days in advance of the travel departure date.
Active Travels will endeavour to adhere to stated departure and arrival times but will not be liable for any failure to meet those times or for any cancellation or delay of Active Travels services.
Active Travels shall not be liable for any loss or damage of any kind, including indirect or consequential loss or damage, arising directly or indirectly out of a cancellation or abandonment of, or delay to, any trip, however caused.
Active Travels has preferred agreements with accommodation providers however we cannot always guarantee your first choice of accommodation.
Luggage is limited to one piece at 23 kilograms. For additional luggage, charges may apply.
Active Travels reserves the right to refuse to carry any passenger, luggage or goods at its sole discretion.
Active Travels will not be liable for the sickness of, injury to, or death of, any passenger, or the loss of, or damage to, any personal effects, whether caused by Active Travels’s negligence or otherwise. There is no travel insurance cover included in the price of a Travel Pass and Active Travels recommends that you obtain travel insurance to cover any sickness, injury, or loss that may occur while you are travelling with Active Travels.
You agree to indemnify Active Travels against any loss, damage or expense suffered or incurred by Active Travels, its officers, employees, agents or related companies as a result of any claim by any third party whose claim arises from your use of your Travel Pass or your acts or omissions while travelling on any Active Travels service.
Where the services of another operator are provided as part of the Travel Pass it is agreed and understood that Active Travels has no responsibility whatsoever for any default of that operator.
Child fares apply for passengers under 15 years old. Passengers under 18 years must travel with their parent(s), spouse or guardian. There must be at least 1 parent, spouse or guardian for every 2 passengers under 18 years old. Proof of identification and age may be requested and failure to provide such proof may invalidate your Travel Pass.
These terms and conditions are governed by the law of New Zealand and you and Active Travels agree to submit to the jurisdiction of the courts of New Zealand in any dispute. Nothing in these terms and conditions affects your rights under the Consumer Guarantees Act 1993.
Active Travels may, at any time and without notice, vary any of these terms and conditions.
Active Travels will not be liable for breach of, or any failure to perform its obligations under, these terms and conditions where such breach or failure is caused by anything beyond Active Travels’s reasonable control including, but not limited to, war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, weather phenomena or other act of God, or governmental regulation or direction.
If any part of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, they will be deemed to be amended by the addition or deletion of wording necessary to remove the invalid, unenforceable or illegal part, but otherwise to remain unchanged to the maximum extent permissible under applicable law.
Your Reservation: once your deposit of 10% has been paid, full payment will need to be paid to Active Travels who will confirm your booking at which point your contract will become valid. Contracts are subject to availability & at our discretion.
Pricing: all fares published supersede all prices previously advertised
If we cancel or change an Active Travels Active Tour, Active Travels reserves the right to make changes to their itineraries or cancel any tour, including a guaranteed tour, at any time prior to departure if something beyond the control of Active Travels deems it necessary; including natural disasters, political instability, terrorism, weather, cultural conditions or other external events. Active Travels will inform all booked customers of any changes or cancellations by email or phone. Active Travels holds no responsibility for any incidental expenses that you may have occurred as a result of your booking being cancelled. If the alternative tour chosen is of a lower value than that originally booked then you are entitled to a refund of the price difference. If the difference is higher you must pay the difference
Itineraries are subject to alteration without notice & are intended as a guide only. Active Travels reserves the right to change the itinerary without any notice. Any additional expenses incurred by the passenger is not Active Travels responsibility. Active Travels can give no guarantees as to the exact arrival & departure times for carriers and operators used by Active Travels & will not be liable for the failure of any services or attractions beyond its control.
Liabilities: Active Travels does not accept any liability of whatever nature for the acts, omissions, or default (whether negligent or otherwise) of those properties/suppliers providing services in connection with your reservation pursuant to a contract between them and yourselves and over whom we have no direct and exclusive control. Active Travels, its respective servants, agents and employees shall not be liable for any death, injury, damage, loss, property (including baggage), additional expenses, accident, delay or irregularity, whether in property, person or otherwise resulting directly or indirectly from delay, changes in accommodation, breakdown in equipment or vehicles, weather, strike, sickness, theft, cancellation of or changes in itinerary, or other causes beyond their control. Active Travels reserves the right to alter the price, cancel or withdraw any property, component, service or tour. Active Travels will take all reasonable steps to provide an enjoyable tour, it accepts no liability for any loss of enjoyment experienced by passengers due to circumstances Active Travels deems as beyond its control. Active Travels further accepts no liability for any loss beyond its reasonable control and provides no warranties in addition to those set out under The Fair Trading Act 1986, and nothing herein restricts any passenger from exercising their rights and remedies to pursuant to Law. Your Travel Agent will forward booking confirmations and other payments to Active Travels on your behalf, but your Travel Agent is not our agent for the purpose of receipt of monies. Receipt of booking confirmations and subsequent payments by the Travel Agent does not constitute receipt of those monies by Active Travels and the Travel Agent has no authority expressed or implied to receive monies on our behalf. There is no liability on the part of Active Travels in respect to any monies paid to the passengers Travel Agent unless and until Active Travels notifies the passenger (by way of a booking confirmation advice) that monies have been received by Active Travels. The optional tour excursions are not operated by, or at the direction of, or on behalf of Active Travels, its employees or agents or any other persons or companies associated with Active Travels. All optional activities are an additional cost to the tour price and by taking bookings for these tours, Active Travels acts as the agent for each of the optional activity suppliers. These tours include the services of operators other than Active Travels e.g Hoteliers, Airlines and optional tour excursions, which are not under the direct control of Active Travels & whilst all reasonable care is taken in selecting these operators it cannot accept responsibility for the operators conduct or the conduct of the representative employees or agents or for any ramifications of that conduct. On tours including activities such as trekking, swimming & snorkelling, passengers accept that degrees of risk are involved. No passenger will be permitted to embark or continue on tour while their mental or physical condition is, in the opinion of any representative of Active Travels, such as to render them incapable of caring for themselves or whereby they become objectionable to other passengers or they become a hazard to themselves or other passengers. Active Travels will not be responsible for any expenses resulting in such persons being precluded from completing the tour.
Your Booking: In order to reserve your seat on a Active Travels active tour, a non-refundable deposit of 10% of the overall booking per person is required to secure your seat. The deposit is accepted as the first payment instalment. Any special meal requirements will be made on a request basis only. Active Travels cannot guarantee these requests nor will it assume responsibility if these are not fulfilled. The balance of your tour must be paid in full no later than 45 days prior to the tour scheduled departure date. The date is referenced on the confirmation issued to you by Active Travels. If payment is not made by the due date Active Travels reserves the right to cancel your booking and assume any cancellation charges as per the cancellation clause 7 below. In the case of bookings made between 45 days and the scheduled departure date, full payment is required at the time of booking. For all credit card payments made over the phone or online, there is a 2% credit card fee per transaction.
Cancellations: If for any reason you do need to cancel your tour there a few things to be aware of. Your 10% deposit is a non-refundable deposit, however, in the event that you need to cancel outside of the 45-day window we will hold your deposit on file for life & this can be used towards a future tour. Upon cancellation, you will be liable to pay a fee to cover the cost of expenses incurred to Active Travels at the time of booking in the below schedule. Tour Cost is inclusive of any additional activities and pre/post-accommodation. Outside 45 days: Loss of 10% of overall booking. 8 – 44 days: 50% of tour cost, Within 7 days: 100% of tour cost, Please be aware if you are booked through a third party such as a travel agent, their cancellation policy and terms and conditions may differ from our own. Be sure to check their particular terms. No refund will be given if you voluntarily leave a tour for any reason.
General Terms and Conditions: All contracts for bookings with Active Travels are governed by New Zealand law. Active Travels does require a minimum number of bookings in order for a tour to be financially viable & to have a pleasant group atmosphere. This means that in the event of our minimum numbers not being reached, it may be necessary to cancel a scheduled tour. In this event, we will endeavour to offer an alternative tour date. The last possible date on which a decision for a tour to be cancelled will be no later than 14 days prior to departure. Active Travels restricts guests number to a maximum of 16 pax per tour. Prior to booking any flights or making any travel arrangements customers are required to receive a confirmation from Active Travels to confirm their place on tour. In this case, it would be a ‘welcome letter’ sent via email from Active Travels.
Accommodation: Our included accommodation for our standard active tours is twin share with a maximum of 2 people per room (unless you have upgraded to a private room or downgraded to dorm share).
Age: Policy Active Travels active tours are designed for travellers that are young at heart and ready for an adventure. Due to the vast majority of accommodations we use, we cannot accept anyone who is under the age of 18 on our tours unless at the discretion of a representative of Active Travels. People of any age are welcome to join our tours but please just be aware that a moderate level of fitness is required. If you have any concerns surrounding your health on our tours please contact us and we will be more than happy to discuss your options.
Smoking: Government regulations forbid smoking in tourist coaches. The vast majority of our accommodation are also non-smoking, with some having designated smoking areas outside.
Luggage: Within New Zealand each guest on a tour is entitled to take one case, the sum of its length, width & depth not to exceed 160 cm (63 inches), a weight limit of 20 kilos alongside a small day pack. Your luggage should not exceed airline regulations. Over-limit luggage cannot be carried due to limited space.
Pre-booked activities and inclusions: Activity pricing is set by third party operators and may rise at any time and is outside of our control. Therefore at 45 days out Active Travels reserves the right to charge the customers any difference in price in order to match the most recent price charged by operators at the time. We estimate prices go up at a rate of around 2-5% per year. Activities that you book whilst you are on an active tour are charged at a Active Travels retail rate. Some activities are available for purchase through Active Travels, however, most activities are paid directly to the operator at a special discounted ‘Active Travels rate’. Your contract for these activities will be with the operators directly and not with Active Travels. All activities booked through your tour Guide require 72 hours notice in order to be cancelled without you incurring a charge. This is as per the cancellation policies of the activity suppliers
In trip customer feedback: If a problem occurs during your tour then it is in your own best interests to inform your Tour Guide immediately. This will ensure steps can be taken to resolve the problem straight away. If for any reason you do not feel comfortable consulting your Tour Guide then the next best thing to do is to give our head office a call and inform the team.
Travel insurance is your responsibility. The Ministry Of Foreign Affairs And Trade strongly recommends that you obtain travel insurance at the time you pay for your travel. Failure to obtain travel insurance is at your own risk. When obtaining travel insurance you must comply with the insurers’ regulations & disclose all information relating to your tour. If for any reason you are unable to travel within the cancellation policy due to illness or medical reasons Active Travels is not liable to reimburse you however we will provide a detailed description of your tour for your insurers.
What’s not included in our tours? Airfares to & from the tour starting point, airport taxes, passport & visa costs, airport & ferry transfers to the tour departure point, insurance, laundry, phone calls, beverages, meals not specified in the itinerary, excess baggage fees, additional activities.
Active Tour details: Any inclusions whilst on the road that you do choose not to partake in will not be refunded to you. Active Travels aims to provide a safe & enjoyable environment for all passengers and personnel onboard our tours. Therefore please make a note of the below conditions: Active Travels does not tolerate any form of abuse, verbal or otherwise, of our personnel. Any person abusing or threatening Active Travels personnel or associated representatives will automatically forfeit their right to onward travel. There might be times when Active Travels personnel and/or representatives have to make decisions within the best interest of safety for its passengers. It is a condition of booking that you comply with the authority and decisions of the appointed representative of Active Travels. Should you choose not to comply with the said representative or are not compatible with the general enjoyment and well-being of members of the tour, Active Travels reserves the right to refuse to allow you to continue with the tour. In such case that you are removed from the tour, Active Travels will not be liable to provide you with any refund, compensation or any additional costs incurred by you. Active Travels cannot accept liability for the behaviour of others on your tour nor if any facilities are curtailed as a result of their actions. Active Travels representatives may take on tour photos and video recordings of you whilst you are a passenger. These may be used in the Active Travels brochures and/or advertising and publicity material (including social media) without obtaining any further consent or payment in respect of such photographs and/or films Active Travels may use any text written in comments books, recorded in customer surveys or input to online forums, in brochures, websites and/or advertising and publicity material without obtaining any further consent or payment in respect of comments.
Covid-19: In the event that you are caught in a lockdown, or asked to isolate for 14 days by the Ministry of Health in New Zealand, Active Travels will not cover any costs incurred, other than whats included in the inclusion list of the tour. We highly recommend you factor this into your plans and encourage you to have travel insurance.

Acceptance

34. Pure Road Trips Limited (“we”, “us” and “our”) welcomes you to activetravels.co.nz (“Site”). We own this Site. By accessing this Site you acknowledge that you have read and agree to the terms of access listed below.

General Disclaimer

The Site is intended to provide information only. While we try to ensure that the content that we provide is correct, to the fullest extent allowed by law, we:

(a) do not warrant that the Site will be uninterrupted, secure or error-free, or that its content will be accurate, adequate, current, complete or suitable for your intended purpose; and

(b) expressly disclaim any liability which is based on, or arises out of, the information, data or material contained on this Site.

How We Use Your Information

When transmitting your personal information over the Internet, you should remember that the Internet is not a secure environment. Any personal information you transmit to us may be used by us to provide information to you about the full range of products and services offered by us and our related companies, as well as to assist us to create a statistical picture of our customers.

We will not sell, publish or give away your personal information. By providing information to us you consent to that information being used by us, our related companies and our suppliers, to carry out our business. Our Privacy policy will apply to any personal information that you supply.

Proprietary Rights

Active Travels does not claim any ownership rights in any Materials that you submit, post, or display on or through the Active Travels social media channels. After submitting, posting or displaying your Materials, you continue to retain all ownership rights in such Materials, and you continue to have the right to use those Materials in any way you choose (subject to these terms of access). By submitting, posting or displaying any Materials on or through the Active Travels community pages, you hereby grant to us a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials for promotional purposes. This license does not give us the right to sell your Materials, nor does the license give us the right to distribute your Materials to other people to use for business purposes.

By submitting or posting Materials on the Active Travels social media channels you represent and warrant that: (i) you own those Materials or otherwise have the right to grant the license to us set forth in this section, and (ii) your actions do not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person.

You agree to pay all royalties, fees, and any other monies owing to any person by reason of any Materials posted by you to or through the Active Travels social media channels.

Booking and Quoting Information

Where you wish to make a booking or receive a quotation in respect of any booking, separate terms and conditions will apply.

Liability

We disclaim, to the extent permitted by law, all liability or responsibility to anyone for any direct or indirect loss or damage that may result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this Site.

Changes to Content

All content on this Site (including these terms of access) is subject to change at any time and without notice.

Social Media Content

By tagging #activetravels we assume consent is being given to Active Travels to post your content to our owned social media channel for the purpose of advertising our travel experiences. Any user-generated content will be used organically only and the original content creator/owner will be credited. Any user-generated content is owned by the original creator. Should the original content creator/ owner not wish to have their content used organically on Active Travels ‘s owned social media channels then the creator reserves the right to request removal of their image. Active Travels will act swiftly to respect this request and remove the content in question within 24hrs.

Competitions

Active Travels competitions are open to worldwide, except employees of Pure Road Trips and their families, or any associated companies. Entrants to Active Travels contests must be 18 or under. Entrants must not have an existing Active Travels product booked. Winners will be the first correct entries drawn after the closing dates. The team’s decision is final. We will not share your personal details with third parties unless the prize is on behalf of a supplier. These details are to be used for prize-giving only and not marketing purposes. No responsibility can be taken for entries lost or damaged in transit. Active Travels will not enter into any correspondence. All winners will be notified accordingly. No cash alternative for any prizes will be offered. The winner may be required to partake in media activity relating to the competition.

Jurisdiction

Unless otherwise specified, the content on this Site has been prepared in accordance with New Zealand law for the supply of products and services to persons resident in New Zealand only. The content of this Site and any contracts formed with us arising out of this site are governed by and are to be interpreted in accordance with, New Zealand law and the New Zealand courts have jurisdiction.

Links

Please contact us for prior permission if you wish to create a hypertext link to any page on this site. If you create a link to this Site, you remain fully responsible for any consequences of that link, whether direct or indirect and you will protect us against all loss, damage, liability, costs or expense arising from or in connection with that link.

Any links to third party websites are provided for convenience only and the inclusion of a link does not imply any endorsement or verification of that website by us. The websites linked to this Site are not under our control, we accept no responsibility or liability in relation to any content on such linked websites

Copyright

The content of our site is protected by copyright and no part of our site may be reproduced or adapted in whole or in part without our prior written consent. All rights in this site are owned by us.

Contact Us

If you have any questions about these terms of access, please contact us.