1.1 These Terms and Conditions of booking set out our obligations to your commitments to us when you book a Guided Tour or Package with us. These obligations, combined with the information contained on your Ticket, are the basis of our contract with you. It is important that you read through the Terms and Conditions before you book a Guided Tour or Package. It is important to understand that these Terms and Conditions apply for all Guided Tours and Packages with us whether you have chosen to read them or not, and they are applicable to all the persons attending the Guided Tour or Package.
Definition and Interpretation
Arrangements means the date, time and other details of the Guided Tour or Package booked through us in accordance with this agreement or any other agreement between you and us.
Booking means the Arrangement you made with us for the Out Guided Tour or Package as detailed within your Ticket.
Booking Agent means our consultant/contractor or employee with whom you make the Arrangements with for the Guided Tour or Package.
Guided Tour means a tour of Third Party Supplier’s nightclubs in Queenstown.
Incentive Benefit means free of charge benefits that Third Party Suppliers may provide to you for being on the Guided Tour or Package.
Organiser means the person who makes a Booking on behalf of the entity named on the Ticket and who will be our point of contact (and any substitute for this person).
Package means the arrangement of accommodation, a Guided Tour, and/or additional activities undertaken with Third Party Suppliers.
Ticket means confirmation of your Booking with us containing the Arrangements for the Guided Tour or Package.
Ticket Price means the amount charged for the Guided Tour or Package as advised to you by our Booking Agent at the time of Booking.
Third Party Supplier means the owners and managers of:
the nightclubs visited as part of the Guided Tour;
accommodation booked as part of a Package; and
activities undertaken as part of a Package such as golf or skiing, and includes the owners and managers of any transportation arranged as part of the Package.
We, us and our means Big Night Out Promotions Pty Ltd and its associated entities. It also includes reference to our employees, agents, affiliates and related third parties.
In writing means by facsimile, email and/or letter.
You, Your or Party means the entity named on the booking form.
3.0 Booking Conditions
3.1 You must be over the age of 18 to make a Booking with us for a Guided Tour or Package. You warrant that you are over 18 years of age and have sufficient government issued identification which does not falsely represent your age. The only ID valid on the Guided Tour or Package are current: New Zealand or Australian Drivers License, international passport or international driver’s license in complete English. We reserve the right to exclude you from the Guided Tour or Package should you provide false proof of age documents.
3.2 To book a Guided Tour, Package or an event with us you must making a Booking with us and pay the Ticket Price. By paying the Ticket Price, you confirm the accuracy of all information you have provided to the Booking Agent (including that you are over the Age of 18) and you accept these Terms and Conditions on behalf of yourself and any other members of your group particularised on the Ticket.
3.3 The Terms and Conditions constitute the entire Agreement between you and us. It must be understood that if you make a Booking via telephone or internet, you accept our booking Terms and Conditions.
3.4 If making a Booking for a group, you must appoint an Organiser. You accept that the Organiser has the authority to deal with us on your behalf.
3.5 If for any reason there is a change in the Organiser, you should notify us In Writing immediately.
3.6 You must check all documents (including any tickets or vouchers) that we send to you and contact us at once if any information on the Ticket or any other document appears to be inaccurate, incorrect or incomplete.
4.0 No Agent
4.1 We are an independent company that makes Arrangements with the Third Party Suppliers. We are not agents or representatives of any Third Party Suppliers used for the Arrangements and we accept no liability for any warranties provided by any Third Party Suppliers or other third parties.
4.2 You acknowledge that we are event planners only and are independent to that of the Third Party Suppliers used for the Arrangements. You acknowledge that the Third Party Supplier is entirely responsible for supplying the products or services to you.
4.3 We are in no way the supplier of the products and services, and to the extent permitted by law, we are not liable for any failure by the Third Party Supplier to provide the products or services, nor for any act, error, omission, default or negligence of the Third Party Supplier.
4.4 We do not warrant the accuracy of any information, statements or representations made by Third Party Suppliers.
4.5 By making the Booking you acknowledge that you are purchasing a Guided Tour or Package only and are not purchasing entry into the Third Party Supplier venues, alcoholic beverages or any other Incentive Benefit offered by the Third Party Suppliers.
4.6 Some Third Party Suppliers may provide Incentive Benefits to you. The Incentive Benefits are independent to that of the Guided Tour or Package and are provided at the sole discretion of the Third Party Suppliers. The Third Party Suppliers reserve the rights to amend or cancel any Incentive Benefits offered. You acknowledge that the Incentive Benefits are not part of the Ticket Price or Booking.
5.0 Amendments to Terms
5.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on our website and to you In Writing. Your continuation with the Booking will represent an Agreement by you to be bound by the Terms and Conditions as amended.
6.0 Payments to Us
6.1 Bookings are not confirmed or guaranteed until the Ticket Price has been paid and the Ticket has been issued to you.
6.2 The Organiser is responsible for ensuring that everyone within the group is aware of the Terms and Conditions and that they are provided with a copy of the Terms and Conditions.
6.3 Tickets are non-refundable if you simply change your mind. Tickets may not be re-sold at cost or premium, or used for advertising, promotion or other commercial purposes, without our prior written consent. You acknowledge that we are not required to provide you with a refund under the New Zealand Consumer Law if you are unable to attend the Guided Tour or Package, or simply changed your mind.
6.4 No Ticket will be issued until the Ticket Price has been paid.
6.5 If you or any member of your group changes their mind, decide not to attend/are unable to attend or are required to depart early from the Arrangements, no refund will be provided.
7.0 Changes By You
7.1 All changes must be requested In Writing by you or the Organiser. We will make every effort to accommodate your changes but we may not always be able to do so.
7.2 Adding additional group members after the Ticket has been issued is subject to availability. However, we will make every effort to accommodate your request.
7.3 In order to change a Booking, you acknowledge that you may incur a charge. The change that you require cannot be guaranteed and is subject to availability.
8.0 Changes By Us
8.1 If we have to make a significant change to your Arrangements at any time we will inform you as soon as possible.
8.2 We reserve the right at any time to cancel or change any Arrangements made, and to substitute alternative Arrangements, without accepting liability.
8.3 If you are unsatisfied with the alternative arrangements referred to in clause 8.2 (above) you must advise us In Writing within seven (7) days of being notified of the alternate arrangements. If you fail to notify us, no refund will be provided and any deposit paid will be deemed abandoned. If the parties are unable to agree upon the alternative arrangements, then a full refund will be provided.
8.4 We reserve the right to cancel any Arrangement, itinerary or tour (before the commencement date of the Arrangement), due to force of nature, health concerns or any other reason outside of our control that we, in our absolute discretion, may determine. Force of nature events include (but are not limited to) war or threat of war, riot, civil strife or unrest, act of god, strikes, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flight or transport by airline or road traffic conditions, or any other event that is beyond the reasonable control of us.
8.5 If, in the opinion of us, your health or conduct before or after departure for the Guided Tour or Package appears likely to endanger the safe, comfortable or happy progress of the Guided Tour or Package, you may be excluded from all or part of the Guided Tour or Package, in which case no refund shall be made to you.
8.6 If, in the opinion of us, you behave in such a way as to cause or be likely to cause danger, annoyance or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the Guided Tour or Package in so far as they relate to you. In this situation, you will be required to leave the Guided Tour or Package. We will have no further responsibility towards you, no refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
8.7 If you suffer from illness or disability or are undergoing treatment for any physical or medical condition, you must declare the true nature of such condition at the time of booking, and make arrangements for the provision of any medication or other treatment required during the Guided Tour or Package. Failure to make such disclosure to us at the time of Booking will constitute a breach of these Terms and Conditions and result in you being excluded from the Guided Tour or Package without refund.
9.1 You agree to observe and obey all rules and warnings provided by us, our employees and/or agents, and further agree to follow any oral instructions or directions given by us, our employees and/or agents.
9.2 You acknowledge that there may be some inherent risk associated with the Arrangements. You assume full responsibility for personal injury to yourself, injuries to others and further release and discharge us from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which you may have or for this document would, could or might at any future time have or have had against us in respect of or arising out of either directly or indirectly the services we provide.
9.3 You agree to accept responsibility for, indemnify us, and pay for, all damage caused to any Third Party Supplier facilities visited as part of the Guided Tour or Package caused by your neglect, reckless or wilful actions. Full payment for any such damage or loss must be paid at the time direct to the Third Party Supplier. If you fail to do so, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions.
9.4 You agree to and hereby assume all risk, dangers and hazards associated with use or participation in the Arrangements, including the possible risk of severe or fatal injury to others. In addition to the foregoing, these risks include but are not limited to the following:
a) the risk associated with travel to and from venues and locations included in the Arrangements;
b) intoxication and/or alcohol poisoning from the alcohol you consume;
c) the possibility of bodily injury; and
d) being in altercations with others (which is not condoned or tolerated by us).
9.5 You agree to indemnify us from all third party actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute as a result of your behaviour and actions.
9.6 You acknowledge that you are solely responsible for any and all property brought on the Guided Tour or Package and we will not be held liable for any damage caused to any property brought by you on the Guided Tour or Package.
10.1 You must adhere to the current laws of New Zealand.
10.2 We support the responsible service and consumption of alcohol. Licensing laws prohibit the service of alcohol to underage and unduly intoxicated persons. The management of all Third Party Suppliers have the right to refuse service to you and your group if you are displaying disorderly, aggressive, abusive, anti-social or intoxicated behaviour. Refusal is at the sole discretion of the management of the Third Party Suppliers.
10.3 The Booking is for Guided Tours and Packages only, and does not include the sale of alcohol. Consumption of alcohol is at your own risk and we urge all participants to drink responsibly. We do not accept any responsibility or liability for participants who drink excessively, resulting in damages, ill health, injury or death.
10.4 We do not condone the use of illicit substances prior to or during any Guided Tour or Package hosted by us. We reserve the right to request a Third Party Supplier to exclude you or any member of your group if it is believed that:
(a) you or a member of your group are displaying socially offensive behaviour;
(b) you or a member of your group are socially offensive and defaming the good reputation of us or any Third Party member; and/or
(c) you or a member of your group are a threat to another person's safety due to being under the influence of any illicit substances.
10.5 Despite our Third Party Suppliers being aware of the nature and likely intent of same sex groups, you are expected to respect your environment and other people around you. All Third Party Suppliers have every right to terminate your stay without notice under threat of vandalism, violence or any other behaviour deemed inappropriate by them. In such cases, all insurances will be invalidated and you will not have any entitlement for a refund under the Consumer Guarantees Act 1993.
10.6 We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of alcohol or illicit substances.
10.7 All parties attending the Guided Tour or Package should be aware of their own physical and mental limitations before attending the Guided Tour or Package. If you have a medical condition or are pregnant we strongly recommend that you do not make a Booking with us. Should you be pregnant or have another medical condition that may be affected by attending the Guided Tour or Package, you must advise us prior to making a Booking.
11.1 Third Party Suppliers may have a minimum dress standard. You acknowledge that appropriate clothing must be worn at all times on the Guided Tour or Package. Appropriate clothing includes no singlets; no vests; no shorts; no large visible tattoos and enclosed shoes.
11.2 You acknowledge that Third Party Suppliers may refuse you entry into their venue should you not meet their minimum dress standard. We will not be held responsible for any additional costs incurred by you as a result of your failure to meet the minimum dress standard.
12.0 Video Footage
12.1 You grant us the right to use any image of you in any live or recorded video, display or any transmission or reproduction of the tour. All rights to broadcast, record, photograph, repeat, reproduce, or recreate the tour is reserved by us. You agree not to take any action, or cause others to take any action, which would infringe on our rights under this clause.
12.2 You assign to us any intellectual property associated with any image of you in any live or recorded video display or any transmission or reproduction of the Guided Tour or Package.
12.3 Any images or sound recordings you take during the tour with your camera, video or audio equipment must only be used for private and domestic purposes only and you agree that you will not sell, license, broadcast, publish or otherwise commercially exploit them and in particular make available any footage, sound recording or series of still pictures taken at the event on the internet or to any third parties.
Check in/Check out
13.1 Standard check-in time is 2:00pm by times may vary for particular Third Party Suppliers and you should confirm the check-in time with the relevant Third Party Supplier prior to your scheduled check-in day.
13.2 Standard check-out time is 10:00am but times may vary for particular Third Party Suppliers and you should confirm the check-out time with the relevant Third Party Supplier prior to your scheduled check-out day.
13.3 A Third Party Supplier may require a credit card authorisation upon confirmation of your Booking.
13.4 Any damage or loss incurred by a Third Party Supplier as a result of your breach of these Terms and Conditions, or as a result of your breach of the terms and conditions of the Third Party Supplier, will be charged against a credit card. Examples include but are not limited to any breakage, damage or excess cleaning requirements, extra guests or visitors beyond those declared.
13.5 You must comply with all applicable Third Party Supplier house rules, and all instructions from management of Third Party Suppliers concerning occupancy, property, health, safety and quiet enjoyment of accommodation and neighbours.
13.6 Only guests nominated and agreed in the Booking may stay in Third Party Supplier accommodation overnight.
14.1 If you have a complaint regarding any aspect of the Arrangements provided by us, you must communicate your complaint to the Third Party Supplier of the service concerned at the earliest opportunity. You should also contact us to let us know of your complaint. If you do not inform us and the Third Party Supplier of the service about your complaint as soon as possible, at least within 48 hours of the complaint occurring, we will not be responsible for the complaint. If the complaint has not been dealt with to your satisfaction before your return home, then you must make a complaint to us in writing no less than seven (7) days after your return from the tour/event. You will receive a reply within 28 days of us receiving your complaint in writing. If you do not comply with the complaints procedure, we will not be held responsible for your complaint.
15.0 Entire Agreement
15.1 These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter of this document and supersedes all prior negotiations, contracts, Arrangements, understandings and agreements with respect to that subject matter.
16.1 This document is governed by and construed under the law of New Zealand.
16.2 Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in New Zealand.
16.3 Each party by execution of this document irrevocably, generally and unconditionally submits to the non-exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.
17.1 The rights of a party under this document are cumulative and not exclusive of any rights provided by law.
18.1 Any provision of this document which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this document or the validity of that provision in any other jurisdiction.