Moments Limited Terms & Conditions
Moments offers to arrange bespoke travel packages and experiences (Travel Services). By accessing and using our website or requesting Travel Services from us, you agree to be bound by the following terms and conditions (Terms).
IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT CONTINUE ON THIS WEBSITE.
If you have any questions please email or call us. We reserve the right to change these Terms by notifying you in writing. We may notify you by posting the new terms and conditions on our website,by sending the new terms to you by email or by any other method which we consider to be appropriate. Any such new terms and conditions will come into effect immediately following any such notification.
“Moments”, “us”, “our” or “we” in these Terms refers to Moments Limited, registered office at is 39 Burwood Crescent, Remuera, Auckland, 1050, New Zealand.
“Supplier” in these Terms refers to the person or entity that will provide the goods and services to you in connection with the Travel Services.
“Travel” means any travel and experiences which we arrange for you in providing the Travel Services.
“You” or “your” in these Terms refers to the person or entity which uses our website and/or enters into an agreement for Travel Services, or any arrangement in relation to, with us.
1. BOOKING PROCESS
1.1 These Terms (and any variation or amendment which we agree to in writing) constitute the entire understanding of the parties and replace all proposals, prior agreements and terms, warranties or representations, whether oral or in writing, relating to the subject matter of these Terms.
1.2 Any quotation provided by us for the supply of goods or services is an indication of the goods and services that a Supplier can provide you which merely constitutes an invitation to treat and not a binding offer. Unless otherwise stated, all quotations lapse after twenty four (24) hours but we reserve the right to change or withdraw any quotation without notice at any time.
1.3 After you have accepted any quotation and paid any moneys required by us, we will seek to confirm the availability and cost of the goods and services with the Supplier.
1.4 When we provide Travel Services we are acting on your behalf, as your agent, to facilitate unique travel and experience bookings with Suppliers who will supply the goods and services to you. Unless otherwise stated, the agreement for supply of such goods and services is between you and the Suppliers and subject to that Supplier’s terms and conditions. You authorise us to enter into that contract for supply on your behalf. While we use all reasonable efforts to select only quality Suppliers, it is the Suppliers that will be providing the goods and services for your Travel to you and so we make no warranty as to those goods and services and your redress in respect of the supply of any goods and services will be with the Supplier directly.
Itinerary Creation Fee
1.5 Prior to creating an initial itinerary to respond to any enquiry for your Travel (“Enquiry”), a fee of $500.00 NZD plus GST (Itinerary Creation Fee) must be paid pursuant to clause 2.3. The Itinerary Creation Fee is non-refundable, even if you choose not to proceed or book Travel with us.
Creating a Booking
1.6 On receipt of the Itinerary Creation Fee, we will create an initial itinerary (Draft Itinerary) for you based on the information you have provided to us in your Enquiry.
1.7 We will email the Draft Itinerary to you and, if you have any required amendments, you must email those to us as soon as possible but in any event within 24 hours.
1.8 Once you confirm to us by email that you are happy with the Draft Itinerary (following any necessary amendment) we will email your final itinerary to you (Final Itinerary) and ask you to finalise your booking. As part of your Final Itinerary we will advise you of any payment required by us which will need to be paid in accordance with clause 2.1. Please note:
(a) the details contained in your Final Itinerary remain subject to availability until your booking is confirmed by us in accordance with clause 1.12(b); and
(b) it is your responsibility to check your Final Itinerary to ensure that:
- the names of all the people in your party are the same as shown on the passports which will be used for travel; and
- all dates, timings and other details meet your requirements.
1.9 It is imperative that you promptly check all the details of your Final Itinerary and inform us immediately of any discrepancies or errors by email prior to confirming your booking with us.
1.10 By finalising your Booking Contract with us you warrant and represent to us that you have the authority to bind all members of your travel party to these Terms and will be personally responsible for all payments in relation to your travel party.
1.11 Once you have confirmed your Final Itinerary, you will be liable for any charges, fees or costs that arise as a result of any changes or cancellations that you may wish to make in respect of your Final Itinerary.
1.12 A confirmed booking (Booking Contract), to which these Terms apply, is only made once the following has occurred:
(a) we have received from you the full payment required to confirm your Booking Contract (in accordance with clause 2); and
(b) we have sent you written confirmation via email that your booking has been secured with the Suppliers.
1.13 You indemnify us against any loss, damage, cost or claim suffered or incurred by us as a result of your breach of these Terms.
1.14. SPECIAL REQUESTS: Whilst we will do everything in our powers to facilitate any special requests you have, for things such as airline seating and dietary requirements etc., we cannot guarantee that it will be possible for us to facilitate your requests. We will work closely with the relevant Supplier to attempt to ensure these special requests are met if at all possible, but will not be liable to you or any member of your party for any loss suffered in the event of such requests not being able to be met.
2. DEPOSIT / PAYMENT
2.1 The payment required and the due date for payment to confirm your Booking Contract will be specified in the Final Itinerary. If no amount or due date is specified in the Final Itinerary and your Booking Contract is entered within 90 days of the departure date set out in your Final Itinerary, we require payment of the full price of your booking. In all other cases, if no amount or due date is specified, payment of the full amount will be required on the date which is 90 days before the departure date. Payment amounts and dates can vary depending on the date your Booking Contract is entered into, the dates of travel and the particular Travel Services required.
2.2 Payment can be made by bank transfer, debit card, credit card or via any authorised payment platform (such as Paypal) specified by us or such other payment method specified by us or provided for or specified on our website. Any credit card provided by you must remain valid during the period of travel. Payments by bank transfer should be made to: Moments Limited, BNZ Account # 02-0108-0435137-000.
2.3 Payment is not deemed to have been made until we are in receipt of cleared funds of the full amount due. Should payment be made by credit card, we reserve the right to pass on any surcharge charged by the relevant credit company which is presently up to 3.5% of the payment amount.
2.4 If any amount owing under your Booking Contract is not paid on the due date, travel documentation will not be issued by us and we will reserve the right to treat your Booking Contract as cancelled by you and we may cancel any booking with any Suppliers. If your Booking Contract is cancelled pursuant to this clause, cancellation charges, as set out in clause 6, will be incurred by you.
2.5 Prices are quoted in NZ dollars. All payments taken on debit or credit card will be taken in NZ Dollars and any exchange rate fees or charges that are applied by your credit card provider or by our bank will be payable by you. We may be unable to confirm the exact amount to be paid in your foreign currency. If you make payment using a credit card or in a currency not denominated in NZD, the foreign currency will be converted at the applicable exchange rate on the day the issuing or receiving bank processes the transaction. We reserve the right to pass any bank fees, foreign exchange fees or other processing fees onto you and you will only be credited with the actual net amount received in our bank account.
2.6 Unless otherwise specified by us, any payment should be made to us. If we require payment directly to a supplier, you are responsible for ensuring that all such payments are made to the supplier on the due date in accordance with the supplier’s terms and conditions.
3.1 All prices quoted by us in relation to Travel Services are inclusive of GST, unless otherwise stated, are for guidance only and are subject to change at any time prior to your Booking Contract being confirmed by us.
3.2 When quoting prices and availability we rely on information provided to us by Suppliers and therefore prices and availability may change when you seek to confirm your Booking Contract. Accordingly, we reserve the right to change the prices in your Final Itinerary after your Booking Contract has been entered into if there is any change in taxes, fees, costs or prices for goods and services relating to any Travel by a Supplier, government agency or otherwise.
3.3 You acknowledge that we may receive commissions or other payments from Suppliers when arranging Travel on your behalf and we may retain such commissions or payments for our own benefit in addition to any fees charged to you.
3.4. Bonds or credit card imprints may be required by Suppliers (e.g. where Suppliers are providing a telephone, mini-bar and/or other facilities) which must be valid at the time of Travel. These are usually requested at the time of check-in. All such costs will be your responsibility.
4.1 It is a condition of your Booking Contract with us, that you take out an appropriate and comprehensive travel insurance policy. We will not be responsible for any costs incurred by you or any member of your party before, during or after your booking as a consequence of inappropriate or insufficient travel insurance being purchased by you or any member of your travel party.
5. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
5.1 We may recommend visa documentation that you may require as part of your Final Itinerary, but it is your sole responsibility to ensure that you and your party hold all necessary travel documentation (including passports and visas) in advance of travel under your Booking Contract. It is also your responsibility to ensure that you and all members of your party will be able to comply with all health requirements for the destination(s) of travel set out in your Final Itinerary.
5.2 Moments does not accept any liability if you or any member of your party is refused entry onto any transport or into any country due to failure on your part and/or another member of your party’s part to carry correct documentation or to comply with relevant health requirements and immigration requirements.
5.3 . DOCUMENTATION: Your tickets, itinerary and all other information (Documentation) regarding your Booking Contract will be sent to you approximately 4 weeks prior to the departure date specified on your Final Itinerary, either by post or email to an address specified by you. Once your Documentation leaves our offices we will not be responsible or liable in an way for the loss or delay of the Documentation unless such loss or delay is due to our negligence.
6. CHANGES BY YOU
6.1 If, after you have entered into your Booking Contract with us, you wish to change your booking in any way you must email us as soon as possible. We will use all reasonable endeavours to change your Booking Contract, but we will not be liable to you or any member of your party if that is not possible.
6.2 You shall be responsible forall additional fees, charges or penalties (whether made by us or Suppliers) that result from any change requested to your Booking Contract
7. CANCELLATION BY YOU
7.1 If you wish to amend or cancel your Booking Contract you must email us as soon as possible. We will endeavour to cancel or amend any Travel Services with Suppliers as soon as possible but our ability to do so will be subject to the terms and conditions of the relevant Supplier.
7.2 Some Travel Services are non-transferrable, non-refundable and unable to be amended. If you cancel your Booking Contract, there may be amendment fees, cancellation charges and/or you may not be able to receive a refund of amounts paid (Cancellation Charges) . Cancellation Charges may include (but are not limited to):
(a) Any non-refundable payments made to Suppliers or us;
(b) The non-refundable Itinerary Creation Fee;
(c) Fees, costs or penalties charged by the Supplier and/or us for amending or cancelling your Booking Contract. Unless otherwise stated, we may charge you a fee equal to 5% of the total cost of your Travel for any cancellations in addition to the Itinerary Creation Fee;
8. OUR LIABILITY
8.1. Our liability: We use all reasonable endeavors to select reputable and competent Suppliers but will not be liable for any loss, damage or claim arising from acts, defaults or omissions of Moments (or its employees or agents), Suppliers or for any cause independent of human control. This includes (but is not limited to) loss or damage which arises directly or indirectly from any act of God, weather disruptions, dangers incidental to the sea, fire, breakdown in machinery or equipment, acts of Government or other authorities, wars whether declared or not, terrorism, hostilities, civil disturbances, strikes, riots, deaths, pilferage, epidemics, pandemics, quarantines or medical or customs regulations.
8.2 To the extent permitted by law, Moments Limited excludes all liability for any loss or damage whatsoever (including but not limited to physical and psychological injury, and loss or damage to property whatever nature) that may arise in any way in connection with the offer or supply of goods and services through Moments or any third party, or in connection with the supply of such goods or services. Where Moments Limited is liable, its liability will be limited to no more than the amount of the fee received by us from you.
8.3 We will endeavour to provide the most suitable travel arrangements to meet the particular requirements you make known to us. However, travel is an individual experience, and your preferences and opinions may vary from our own; accordingly, we cannot take responsibility for your personal satisfaction.
8.4 We reserve the right to withdraw a tour or any part of it, or alter an itinerary as deemed necessary due to weather, issues of safety, unforeseen circumstances or circumstances outside our control, and will not be liable in any such event. Any additional costs incurred due to circumstances beyond our control will be charged to you.
8.5. Event Cancellation : It is unusual that major events or sporting fixtures are cancelled/ rescheduled however, where such an event is part of you Final Itinerary and this does occur, we accept no responsibility to refund or compensate you or any member of your party. Any refund obtained from the organisers of event that is cancelled/ rescheduled will be passed from us on to you.
Law of Contract: These Terms are subject to New Zealand law and come under the non-exclusive jurisdiction of the New Zealand courts.
10. Complaints: If you have a complaint during your holiday, you must notify us immediately and we will try to resolve the problem. Should it not be possible to resolve your complaint on the spot and you wish to write to us after your holiday, this must be done no later than 28 days after your return. Full details should be provided and an investigation will then be made. We aim to settle all complaints amicably.
11: Guest Behaviour: We reserve the right in our absolute discretion to terminate your Booking Contract if your behaviour is likely, in our opinion or that of our representatives or our Suppliers, to cause distress, damage, annoyance or danger to us, our employees, the Supplier or to any other third party or their property. In those circumstances, we will not be liable to you for any refund of any amount paid by you or for any loss or damage that you may suffer.
12. Privacy: Any personal information that you disclose to us will be used only in accordance with the Privacy Act 1993. You agree that Moments Limited may disclose personal information to Suppliers and to any of our related entities and advisors in order that we can provide the Travel Services and arrange any Travel for you with Suppliers. We will not disclose any personal information to any other party without your consent, unless required by law to do so. You may access your personal information on written request to us.
13. Maps, Photographs and marketing material: Maps, photographs and all marketing material including brochures, flyers etc. are shown for general information and may not necessarily reflect actual routings, locations or services provided. Photographs show places in the geographic areas, but may not be included in the holiday. Hotel room photographs / descriptions are representative only; actual rooms occupied may vary in décor and inclusions from those shown. Many images are supplied courtesy of tourist bureaus, hotels and tour operators. We rely on information provided to us by Suppliers and other parties and do not warrant that such information is correct and not misleading.
14. Emails: You agree and accept that if an email appears genuinely sent by you we may act on any instruction, confirmation or information contained in such email regardless of whom the actual or purported email was transmitted and notwithstanding such email may have been initiated or sent in error or fraudulently. You agree to release us from any liability in acting on any email and indemnify us against all claims and liability arising out of any such emails.
15. Changes to terms. We reserve the right to change or amend these Terms at any time. The new Terms will be available on our website at www.momentstravel.co.nz/terms