Terms and Conditions

1. Use of Our Website

1.1. You agree not to use this Website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this Website whether by way of a virus, corrupted file, through use of any software or program, or otherwise. Furthermore, you agree not to alter, modify, reproduce, communicate to the public or otherwise deal with the content, software, text, graphics, layout, or design of this Website except in accordance with these Terms.

1.2. You acknowledge and agree that all copyright and other property rights that may exist in this Website including trademarks, text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors, and may not be used without our express consent.

1.3. To the maximum extent permitted by law, we provide this Website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory, or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

1.4. If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to those services to the extent fair and reasonable.

1.5. Your use of this Website and any associated services may sometimes be subject to interruption or delay. We do not make any warranty that this Website or any associated services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should this Website or the services supplied through this Website become unavailable, interrupted or delayed for any reason.

2. Booking Conditions

2.1. Your use of this Website and any associated services may sometimes be subject to interruption or delay. We do not make any warranty that this Website or any associated services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should this Website or the services supplied through this Website become unavailable, interrupted or delayed for any reason.

2.2. You must be at least 18 years old to make bookings on our Website. Please carefully read and understand your Booking Terms which will be made available to you before you make any payment when you make a booking through our Website. By making any payments for your booking, you confirm and acknowledge that you have read, understood and accepted the Booking Terms, and agree to be bound by them and that you are authorised to enter into and perform them.

3. Booking Your Adventure

3.1 Bookings made directly with us through our Website must be secured through the payment of a deposit of either 20% or otherwise stated. This Deposit Amount is non-refundable. Credit card fees are non-refundable. Upon successfully receiving the Deposit Amount, you will receive an email confirming your payment of the Deposit Amount for your selected booking.

3.2. The remainder of the total booking price (the “Outstanding Amount”) is payable at least 30 days prior to the start date of your booked adventure if the adventure is less than 7 days in length, and at least 90 days prior if the adventure is 7 or more days in length. Failure to pay the outstanding amount can and will result in your booking being cancelled by us.

3.3. All prices advertised are in New Zealand dollars (NZD) and inclusive of all taxes including GST (where applicable), unless otherwise stated. We reserve the right to alter prices and other particulars contained on our website and in our brochures.

3.4. Bookings generally include all transport (except your transport to a meeting location), accommodation, activities, and may include some meals and such. The exact content of each adventure and what’s included in your booking is available on the product page. Anything that is not expressly stated on the booking page for each adventure is excluded.

3.5. You must clearly state all your special requirements at the time of booking. We will endeavour to accommodate your special requirements, but we may not always be able to. We cannot guarantee to meet your special requirements (including dietary requirements) and we will not assume any responsibility or liability if your special requirements cannot be fulfilled.

3.6. If you want to change any aspect of your booking you must notify us at least 7 days prior to the date of departure of your adventure in writing. We will do our best to accommodate your requested changes, however we may require you to pay an amendment fee to cover the cost for any extra food or equipment we might need to purchase.

3.7. If you are unable to travel due to illness, the death of immediate family, jury service or any other significant reason beyond your control we may agree to your booking being transferred to another person who meets these Terms or the transfer to another adventure of equivalent value. Notice of such a request must be given at least 14 days from the date of departure of your adventure if the adventure length is 7 days or less, and at least 30 days from the date of departure if the adventure length is 7 or more days in length.

4. Cancellation by You

4.1. All changes and cancellations of bookings by you must be made in writing by emailing us at info@deafadventures.nz. We will not regard a booking as cancelled unless written notice has been received by us from you.

4.2. Cancellations or changes can only be made up to 30 days before the departure date of your adventure if the adventure length is less than 7 days, and up to 90 days if the adventure length is 7 or more days. If the cancellation is accepted, a refund of the total booking price (less the deposit and any applicable credit card fees) will be paid to you.

5. Cancellation or Modification by Us

5.1. We reserve the right to modify or cancel at our discretion any adventure at any time. We will notify you of any changes or cancellations as soon as reasonably possible. If you refuse the modified adventure or if we cancel an adventure, you may request us to refund you the booking amount, or transfer you to another adventure at a later date and at the same value.

5.2. We reserve the right to require a minimum number of bookings per adventure. In the event that less than 50% of available bookings for an adventure have not been sold 30 days from that adventure's departure, we will cancel the adventure and notify you immediately.

5.3. In the event of a cancellation by us, we will offer you at our discretion the following:
(a) A refund in full of all moneys paid (including the Deposit Amount less any credit card fees) with no right to any further compensation; or
(b) An adventure of an equivalent value at a different date.

5.4. We recognise that our current adventures may require flexibility around cancellations during this evolving global situation. As such, if your travel arrangement to the meet up zone has been affected due to COVID Alert level restrictions your adventure purchase will be 100% refundable (excl. any credit card fees).

6. Merchandise

6.1. You can order our merchandise from our Website using the form provided.

6.2. All orders for items are subject to availability.

6.3. We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website.

6.4. No contract in respect of any items will exist between us and you until your order has been expressly accepted by us in writing.

6.5. Returns and cancellations

(a) You may cancel your merchandise order before it’s shipped to you. Orders for items that are already shipped cannot be cancelled.
(b) You can return any item if they are of unacceptable quality when they arrive, and you may be entitled to a full refund or replacement, at your discretion, (including shipping costs) if we find that the returned item is indeed of unacceptable quality. If the returned item is of acceptable quality in our reasonable opinion, we may, at our sole discretion; re-ship the returned item to you or ship another item of the same size, colour, style to you at your cost.
(c) Unless we decide, in our reasonable opinion, that a returned or replaced item is of unacceptable quality, shipping and handling of returned and/or replacement items (including costs) are your responsibility.
(d) Refunds will be paid using the same payment method you used to pay for your purchase.

7. Our Liability to You

7.1. To the maximum extent permitted by law, you hereby discharge and exclude us, third party service providers we engage with in promoting or staging as part of your Deaf Adventures adventure, and those of our third party service providers from all liability in contract or tort including negligence or for breach of statutory duty or otherwise for any losses, claims, damages, expenses, or costs including without limitation special, incidental, or consequential loss or damage or loss of profits or wasted time incurred directly or indirectly in connection with your Deaf Adventures adventure or this Website including but not limited to:

(a) errors, mistakes, or inaccuracies;
(b) your action or inaction on any information on this Website, Terms, Booking Terms, or otherwise given to you during your adventure;
(c) personal injury or property damage of any kind resulting from your access or use of this Website or participation in an adventure;
(d) any unauthorised access to or use of this Website or our servers;
(e) any interruption to or from this Website;

7.2. To the maximum extent permitted by law, our total liability in contract, tort (including negligence or breach of statutory duty) arising in connection with your Deaf Adventures adventure is limited to the total booking price paid by you.

7.3. The limitation of our liabilities in these Terms is not intended to exclude any liability that would be illegal for us to exclude or attempt to exclude – including the Consumer Guarantees Act.

7.4. Our responsibility as the Tour Operator is limited. We act only as an intermediary between you and transportation, accommodation, or other service providers (“Third Party Service Providers”) in all matters relating to transport, accommodation, optional activities, sightseeing tours and any other arranged activities. As such, to the maximum extent permitted under the law, we will not be liable for any personal injury, death, loss, damage, accident, delay or irregularity caused by any Third Party Service Providers on your Deaf Adventures adventure.

7.5. You accept and understand the possible risks when travelling on a Deaf Adventures adventure, and acknowledge that you are solely responsible for yourself and your possessions and you are participating in your Deaf Adventures adventure at your own risk..

7.6. During your Deaf Adventures adventure there may be opportunities to take part in optional paid activities or excursions which are not owned, controlled or operated by Deaf Adventures. Any participation in such activities is at your own risk and discretion.

7.7. We accept no responsibility for any cancellation or modification of an optional activity or excursion due to weather or other unforeseen circumstances.

7.8. It may be necessary to vary your itinerary from that stated at the time of purchasing your booking before or during an adventure due to changing circumstances beyond our reasonable control, such as weather, health and safety of the group, or any other reason. The final decision will be that of the adventure guide.

7.9. Notwithstanding anything in these Terms, minimum guarantees under applicable law may apply to your purchases through this Website. Nothing in these Terms is intended to avoid such minimum guarantees or to exclude liability arising under any statute except to the extent permitted by the law.

7.10. To the extent permitted under the the law, our liability in respect of any claim under those minimum guarantees is limited to, at our sole discretion:

(a) in the case of bookings; providing you with a full refund or an alternative booking to an adventure of your choice available on our Website; and
(b) in the case of merchandise; providing you with a full refund, replacing the merchandise or supplying equivalent merchandise.

8. Force Majeure

8.1. We will not be liable for any errors or delay in performing any of our obligations. or for any loss, damage or expense resulting from war, civil unrest, weather Terms, fire, natural disasters including earthquake, flood, tsunami or volcanic eruption, Acts of God, closures, unforeseen alterations to public transport schedules, epidemic or outbreaks of illness or any other event outside of our reasonable control which either delays or extends or reduces the adventure, or compels a change in the adventure arrangements after departure.

9. Contravention of Law

9.1. We will not be responsible for any loss or damage sustained by you as a result of a contravention by you of any New Zealand law or regulation while on an adventure.

9.2. In particular, you are required to comply at all times with the laws of New Zealand relating to the consumption of drugs, alcohol and tobacco.

9.3. You acknowledge that the possession or use of cannabis or any cannabinoid product is prohibited under New Zealand law and is a criminal offence.

10. Health and Medical Conditions

10.1. You must inform us at the time of booking of any medical condition or disability that may affect your Deaf Adventures adventure, as well as any special arrangements you require. Whilst we will use reasonable efforts to accommodate your particular needs, we reserve the right to decline your booking.

11. Your Responsibilities

11.1. We will not allow you to embark on or continue an adventure if:
(a) We deem you incapable of caring for yourself;
(b) You become objectionable to other passengers or guides;
(c) If you break any New Zealand laws;
(d) If you fail to provide adequate evidence of travel insurance; or
(e) If you become a hazard to yourself or others.

11.2. All expenses resulting in your exclusion from the adventure at any time will be your own and not us. No refund will be given if you are excluded from an adventure for any of these reasons. We are in no way obligated to transport you to any location after you have been excluded from an adventure.

11.3. You will at all times indemnify, and keep indemnified, us from and against any loss or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us in connection with your conduct, your participation in an adventure, or breach of these Terms or the Booking Terms.

11.4. Your personal property, and its security is your sole responsibility and you acknowledge that we are not responsible for any loss or damage of your personal property.

11.5. You accept that the adventure guide, host, suppliers or tour operator may inspect your backpack and/or equipment where required to ensure your compliance with these Terms, Booking Terms, and/or for the health and safety and security of the adventure participants.

12. Travel Documents

12.1. Please take care to read these Terms, Booking Terms, your invoice, booking ticket/s and any other documents we send you (“travel documentation”) as soon as you receive them and let us know immediately if any details are incorrect. We accept no liability if you fail to notify us of any inaccuracies in the travel documentation within 14 days of your receipt of the travel documentation.

12.2. It is your sole responsibility to make sure all other necessary travel documents are valid, including but not limited to your passport and visa. We strongly recommend that you undertake your own research as to the procedural, documentary and other requirements necessary for your travel in advance of your adventure.

13. Insurance

13.1. You must arrange and take out comprehensive travel insurance prior to the adventure departure date if you are internationally travelling to New Zealand for an adventure. If requested by your adventure guide, you must produce evidence of your travel insurance prior to commencement of the adventure.

13.2. We recommend your policy includes cover for cancellation, medical expenses, personal injury and accident, repatriation, death and loss of personal goods. Your travel insurance policy should also cover any activities and excursions not provided by Deaf Adventures you may engage in during your adventure. Nothing in this Terms constitutes financial advice. We recommend you seek independent advice for your insurance needs.

14. Permissions

14.1. By accepting Booking Terms, you give us and anyone authorised by us permission to take photos and/or videos during the adventures you participate. You agree and acknowledge that any photos or videos taken at events and all intellectual property rights thereof belong to us. We may use your photos and/or videos for the purpose of our promotions, social media, this Website or any other media we may choose. By accepting these terms, you waive any right to object to such use of your photos, videos and/or your likeness.

15. Data Protection

15.1. By accepting Booking Terms, you give us and anyone authorised by us permission to take photos and/or videos during the adventures you participate. You agree and acknowledge that any photos or videos taken at events and all intellectual property rights thereof belong to us. We may use your photos and/or videos for the purpose of our promotions, social media, this Website or any other media we may choose. By accepting these terms, you waive any right to object to such use of your photos, videos and/or your likeness.

16. Smoking/Alcohol

16.1. There is a strict no-smoking, no-vaping and no-alcohol consumption policy on our transportation which must be adhered to at all times. Smokers, Vapers and alcoholic drinkers may have the ability to smoke, vape and drink alcohol on any of the frequent stops throughout an adventure (subject to any rules and policies of the specific location). For alcohol it must not be in a liquor ban area.

17. General

17.1. If any provision of these Terms or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of these Terms and its application will not be affected and will remain enforceable to the greatest extent permitted by law.

17.2. These Terms, Booking Terms, and all your contracts with us are governed by New Zealand law and the New Zealand Courts will have exclusive jurisdiction over any dispute in relation to your bookings or these Terms.

17.3. We reserve the right, at our discretion, to update or revise these Terms at any time. Changes to these Terms will take effect immediately once published on this Website, or when you accept them during when you book your Deaf Adventures adventure. Please check these Terms regularly for modifications and updates.

Terms were last updated on 5 September 2022.