THE INNOVATIVE TRAVEL COMPANY
TERMS AND CONDITIONS
Thank you for booking your tour with Innovative Travel and Import Company (“Innovative Travel” or “the Company” or “We”). Innovative Travel is the Tour Operator for the Tour Packages offered in Innovative Travel’s brochures, advertisements, and on its website. The Company’s role as Tour Operator is to arrange through third party suppliers the flights, coach journeys, cruises, travel and hotel accommodation, and other facilities which together comprise your Tour Package. By booking a tour with Innovative Travel, you (“Customer” or “You”) agree to the following terms and conditions, which form the contract between you and the Company:
1. RESERVATION PROCEDURES
a. How to Make a Reservation. To make enquiries about our holidays you can contact us in several ways: directly over the telephone, via our website www.innovativetravel.co.nz (‘Website’), through an approved travel agent or by email. To make a booking you must pay the relevant deposit and agree to our terms and conditions online.
b. Reservations for Others. The person making the booking (the ‘lead name’) must be 18 (eighteen) years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions and the terms set out in Exhibit A on behalf of everyone in their party. A printed and signed copy of Exhibit A is required from each and every traveler in your booking. We reserve the right to terminate this Agreement and cancel any traveler’s tour who does not provide a signed Exhibit A. As applicable a reference to “you” or “your” includes any person on your party. When making this booking, you warrant that you have the authority to enter into this contract on behalf of all other members of your party and that you are responsible for ensuring due payment of all monies payable in respect of this booking, in the event of default by any member of the party.
c. Lead Traveler Name. Whether you book alone or as a group, we will only deal with the lead traveler name in all subsequent correspondence, including changes, amendments and cancellations. The lead traveler name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
d. Required Information. It is a condition of your booking that you and all members of your party provide certain information that may be sent to governmental authorities (such as the US Transportation Security Administration) and border control and security agencies for the purpose of security and counter terrorism. The information you must provide will include, but not be limited to, your full name - as shown in your passport or travel document, gender, date of birth, country of citizenship, emergency contact information, travel document type, number, country of issue and expiry date, and your country of residence. When you book your flight through the Company, you must provide this information to the Company with your initial reservation or by accessing your account on our website. In all cases this information must be provided to us no later than 14 days prior to departure or you are subject to cancellation without refund. When you arrange your own flight directly with the airline, you must provide this information to the airline between 6 months and 24 hours before departure. Passengers who are denied boarding or entry for improper documentation/failure to provide required information will receive no refund. Persons under the age of 18 travelling to an international destination must carry a notarized letter of consent signed by both parents and/or legal guardian.
a. Included in the Tour Package. The tour prices advertised in our brochures or on our website are per person in NZ Dollars. Prices cover all items listed in the Tour itinerary.
b. Advertised Prices Subject to Change. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for fuel that was estimated at the date of publication. Before you make a booking, we will give you the up-to-date price of your chosen Tour Package including the cost of any season supplements, upgrades or additional facilities which you have requested. However, increased prices may increase the cost of your booking after the confirmation invoice is sent. If such occurs, we will issue an additional invoice.
c. Additional Transportation Costs. Changes in transportation costs, including without limitation the cost of fuel, dues, taxes, devaluation, ferry surcharges, airfare increases, or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. Increases in transportation costs may be charged to you at any time up to your departure.
d. Additional Local Costs. Some Tour Packages may require additional local payment for optional activities. These additional local costs must be paid by you directly to the Third-Party Supplier, or in some circumstances to the tour leader. The local payments must be paid in the local currency. Tourist taxes, resort fees or similar that are charged locally may be implemented or changed without prior warning. You are responsible for these costs, which must be paid by you and are not included within your Tour Package price.
e. Unincluded Costs. Passport and visa fees, transportation to the departure point, insurance, excess baggage charges, extra meals, laundry, drinks, souvenirs, items of a personal nature including medication, departure taxes, porterage and tipping are not included in the price of your Tour Package. In some countries, porterage and tipping may be compulsory. Entrance fees to venues detailed in the itinerary will generally be included, unless specified otherwise in the itinerary.
f. The "Single Room" price is not guaranteed. To access the "Single Room" price, the "Single Room" option must also be booked by other travellers reserved on the same tour and on the same departure date, with a minimum of 2 clients travelling together. If you are a solo traveller a surcharge will apply. Please contact us for further details.
a. Booking Deposit. Once you make a booking, Innovative Travel you will be sent a Tour Invoice which states the current total cost of the Tour Package. At that time, a 15% per person deposit must be paid to confirm your bookings.
b. Special Deposit. Some tours (especially, but not exclusively, tours including a river cruise, an airfare, a rail journey or a Riad hotel) may be subject to special deposit and cancellation conditions. These special conditions vary for each tour and will be advised at time of booking. The additional deposits will be invoiced to you in the Tour Invoice.
c. Deposit Due in 7 Days. Payment of the Booking Deposit and the Special Deposit are due within SEVEN (7) days of the Tour Invoice. Failure to pay the entire deposit amount due on the due date shall result in the automatic cancellation of your booking.
d. Confirmation. Your booking will be confirmed upon the Company’s receipt of your deposit. Prior to your payment of the deposit, the Company may deny your booking request for any reason whatsoever. You agree that should the company deny your booking request prior to your payment of the deposit, the Company shall have no liability.
e. Non-Refundable. Your Booking Deposit and the Special Deposits are non-refundable unless otherwise stated herein.
f. Minimum Book Fees. The Company will charge a minimum book fee of $40.00 per booking for any booking with a total value of $500.00 or less.
g. For The Safari Company, a non refundable deposit of 25% of the tour / destination must be received by Innovative Travel within a week of the invoice date. Failure to comply may result in cancellation. If the arrangements are cancelled, the total booking will be subject to the following cancellation charges:
More than 4 months before departure: deposit forfeited
Less than 16 weeks before departure: 40% of tour cost
Less than 9 weeks before departure: 60% of tour cost
Less than five weeks before departure: 100 % of tour cost
a. Full Payment Due. The Tour Invoice is payable in full SIXTEEN (16) weeks prior to departure, or upon receipt of the Tour Invoice if the departure date is less than SIXTEEN (16) weeks from date of booking.
b. Failure to Pay. Failure to timely pay the full amount of the Tour Invoice may result in cancellation of your booking.
c. Additional Invoices. Should any additional costs or changes in price arise after your payment of the Tour Invoice, the Company shall issue an additional invoice to you. This invoice is payable upon receipt.
d. Currency. You must make payment in NZ Dollars as directed on the Tour Invoice.
5. CHANGE REQUESTS & CHANGE FEES
a. Change Requests/Amendments. You may make changes to your Tour Package regarding departure date, departure airport, or tour selection. A single change per person is provided free of charge is submitted before NINETY (90) days prior to departure. Change Requests/Amendments which occur within NINETY (90) days of departure are subject to a Change Fee. Any person requesting multiple changes will be subject to a Change Fee. While we will endeavor to accommodate your Change Request or Amendment, the requested changes are subject to availability. If we cannot provide you with the requested change, a substitute will be offered. If your Change Request cannot be honored, and you do not agree to the substitute offer, you may cancel your booking subject to the Cancellation Fee Schedule stated below.
b. Change Fees. Each person submitting a Change Request/Amendment subject to a Change Fee as stated above shall be charged our standard change fee of $250 per change.
c. Price Variations. In addition to the fee we charge, any alteration, whether a change to an existing booking or a change to another tour or departure date, will also be subject to payment by you of any costs imposed by any of the suppliers providing the component parts of the Tour Package. If the Tour Package to which you transfer is more expensive than the one you originally booked, a further deposit will also be payable. The price that will be charged for the new departure date, departure location, or tour will be the price available on the date of the Change Request. If the new price is higher than your original departure price, you must pay the difference in price. If you have additional components on your booking (e.g. flights, city tours and excursions), please be aware you may incur additional charges to change these to a new date.
6. CANCELLATIONS AND REFUNDS
a. Cancellation Requests. You, or any member of your party, may cancel your holiday at any time providing that the cancellation is made by the lead name in writing. Notice of cancellation will be effective upon receipt by us of your written communication. If you cancel your reservation, the cancellation fee schedule below will apply. Any penalties for supplemental services/guarantees (including, but not limited to, flights, hotels, or late additions) resulting from cancellations made at your request will be your responsibility, and all service fees are non-refundable. If you choose not to travel, but fail to cancel your tour prior to the departure date or if you return home before the scheduled completion of your tour, you will not be eligible for any refund or reimbursement from the Company for any unused portion of your trip or costs incurred by leaving your trip early.
b. Cancellation Fee Schedule. Percentages listed below are of the total tour cost and applicable per person.
i. More than 8 weeks before departure - deposit
ii. Less than 8 weeks before departure - 35%
iii. Less than 4 weeks before departure - 50%
iv. Less than 14 days before departure - 100%
c. Third Party Cancellation Fees. Cancellation fees for arrangements using some overseas agents, cruise companies (e.g. Variety ), specific hotels or airlines may vary from the above. We strongly recommend you to take out insurance that includes cover against irrecoverable cancellation costs. Additionally, you will remain responsible for the full amount of your insurance premium and this will not be refunded in the event of your cancellation.
d. Cancellations by the Company. Dates and itineraries shown for tours are indicative only and subject to change. We reserve the right to cancel your booking or change any of the facilities, services or prices described in our brochures or website. Due to local or national holidays, seasonal hours of operation or availability, special events, and/or peak harvest seasons, access to certain facilities and attractions including, but not limited to, vineyards, museums, historical sites, or stores may be limited. On such occasions, and whenever possible, itinerary adjustments will be made by the Company to minimize traveler inconvenience. We will endeavor to advise you of any changes known at the time of booking. If we are forced to cancel your holiday after departure we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or you reject these for good reason then we will return you to your point of departure and refund you for any unused services, if appropriate. In the event we cancel your booking due to reasons of Force Majeure we will not pay any compensation. Circumstances amounting to “force majeure” include any event which we or the supplier of the service(s) in question could not even with all due care, foresee or forestall such as (by way of example and not by way of limitation) war, threat of war, riots, civil disturbances, industrial disputes, actual or threatened terrorist activity and its consequences, natural or nuclear disasters, fire, epidemics, health risks and pandemics, acts of God, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential adverse weather conditions, and any other similar events.
e. Cancellations Caused by Third-Party Suppliers. Innovative Travel does not own or control the Third-Party Suppliers, including but not limited to the airlines, cruise operators, tour operators, carriers, or hoteliers, or the various suppliers. Where the Third-Party Supplier causes a cancellation, Innovative Travel is not responsible, and you may incur Additional Costs, Cancellation Fees or Change Fees as a result.
a. Insurance Not Included. Insurance is not included in the Tour Package prices and fees payable hereunder. You must arrange your own travel insurance coverage. It is essential that you have insurance with adequate cover for the full duration of your holiday vacation and for which covers cancellation, personal injury, theft, loss of luggage/personal property, medical expenses, any accidental damage, and any other item of coverage recommended by your travel insurance carrier.
8. THIRD PARTY ACTIVITIES AND COMPLAINTS
a. Third Party Suppliers. If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk. If you do have any complaint about, or problem with, any optional activity purchased in resort your claim should be directed to the activity provider and not to us. However, should you or any member of your party by misadventure suffer illness, injury or death during the period of your holiday from an activity which does not form part of the arrangements made by us or an excursion purchased through us, we shall, where appropriate and subject to our absolute discretion, try to help if we can.
b. Complaints. If you have a complaint about your arrangements whilst away, you must immediately notify our local representative or your tour leader and the relevant supplier of the service. If you are not happy with their action in response please follow this up within 30 days of your holiday’s completion by writing to us at Innovative Travel, PO Box 21247, Christchurch, New Zealand, giving your booking reference and all relevant information.
9. ADDITIONAL SERVICES
a. While you may purchase any additional services you require while on your Tour directly through the local agent Innovative Travel is in no way responsible or otherwise liable for and will not be responsible for any additional services provided through local agents or contracted guides/drivers after start of travel.
10. FLIGHT ROUTINGS
a. Air arrangements may be subject to change and to certain constraints including, but not limited to, the availability of certain routings, travel times, and direct or non-stop flights. Seating on flights is entirely within the control of the airline, and Innovative Travel is not responsible for seating or changes to assigned seats. However, we may be able to assist in requesting specific seats, although specific seating requests are not guaranteed. Please reconfirm your seating requests directly with the airlines within 30 days of your departure. We can neither arrange for the crediting of frequent flier miles nor guarantee that you will receive frequent flier mileage credit. Flights in upgradeable classes of service cannot be guaranteed. If you and your traveling companion(s) make reservations at separate times and/or are originating from different gateways, you may not travel on the same flight(s). Additionally, we cannot guarantee that you will be on the same flight itinerary as others in a group/family if some of your travel party has purchased the extension and/or are deviating from the tour itinerary.
a. Each airline has its own baggage allowance policy and some airlines may impose additional charges for checked baggage. If you exceed baggage allowances or choose to check a bag on an airline that doesn’t include baggage in their fares, you are responsible for any additional fees. Please contact your airline or refer to its website for detailed information regarding your airline’s checked baggage policies.
b. Baggage Responsibility. Although every effort is made to handle your baggage carefully, you agree that Innovative Travel does not assume liability, become responsible, or accept claims for loss or damage to your baggage and personal effects due to breakage, theft, or wear and tear while on the tour.
12. HEALTH & CAPABILITIES
a. The pacing and physical requirements of Innovative Travel’s tours vary by itinerary. We recommend that you select a tour that is suitable to your physical capabilities. Certain tours require considerable walking and may pose difficulties for travelers with disabilities or impaired mobility. For example, many historic sites are only accessible on foot and involve stairs or inclines. Roads may be narrow and winding, often making it impossible for buses to drive up to your hotel. In addition, as the Americans with Disabilities Act does not apply abroad, service providers on international tours may not have the infrastructure to make special provisions or accommodate special equipment that may be required. For example, Innovative Travel frequently uses small, family-owned hotels that may not have first-floor rooms or elevators available. In these cases, Innovative Travel might be required to arrange accommodations for disabled passengers in a separate hotel at an additional cost. For these reasons, you are required to disclose to your tour director any physical disabilities or limitations prior to reserving your tour so the Company can help you determine the appropriateness of the selected itinerary. We are available to discuss any specific accommodations that disabled passengers might request and whether such requests can be reasonably arranged. Innovative Travel reserves the right to decline any tour participant whose condition, in our opinion, or in the opinion of a third party providing services on the tour, may affect the health, safety, or tour experience of other travelers.
b. We are able to advise on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.
13. PASSPORT, VISAS & OTHER TRAVEL DOCUMENTS
a. You are responsible for obtaining any travel documents and verifying entry requirements necessary for each country of travel on your selected tour itinerary, including any required vaccinations, as Innovative Travel is not responsible for providing this information or documentation. U.S. citizens are required to have a passport for all trips outside of the U.S., which must be valid for at least six months beyond the completion date of the tour. Entry laws differ with respect to travelers’ citizenship. You are responsible for any expenses incurred as a result of delays or itinerary changes related to your lack of appropriate travel documents and are therefore ineligible for any refund from Innovative Travel. The Company recommends that you apply for any necessary visas with a visa service. If you decide to apply for your visa directly with the applicable consulate(s) and require additional assistance and/or documentation from Innovative Travel, you may be subject to a special arrangements fee of $95. For more information on countries requiring visas for U.S. citizens, please refer to the U.S. Department of State website: travel.state.gov.
14. PERSONAL DATA
a. Innovative Travel will process your personal data in compliance with applicable data protection legislation for the purposes of completing your enrollment, customer service, the purchase of an offered travel protection plan, and providing you with the products and services related to your tour. This may entail sharing your personal data with corporate affiliates, claims handlers, insurance providers, and other business partners both within and outside the U.S. We have put appropriate safeguards in place for such transfers of your personal data, including the standard data protection clauses adopted by the Government of New Zealand. Innovative Travel may also use your personal data, combined with data from third parties, to market products and services based on your interests, including by email and SMS/text. You may contact Innovative Travel at any time to unsubscribe from any direct marketing purposes.
b. Innovative Travel will only keep your personal data for as long as it is necessary for the purposes for which it has been collected or in accordance with time limits stipulated by law and good market practice, unless further retention is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims. We will keep your personal data for marketing purposes until you withdraw your consent.
c. U.S. Privacy Notice. The Transportation Security Administration (TSA) requires you to provide your full name, date of birth, and gender for the purpose of watch list screening, under the authority of 49 U.S.C section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R parts 1540 and 1560. You may also provide your Redress Number, if available. Failure to provide your full name, date of birth, and gender may result in denial of transport or denial of authority to enter the boarding area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA privacy policies, or to review the system of records and the privacy impact assessment, please see the TSA website at https://www.tsa.gov.
15. LOCAL LAWS & CUSTOMS
a. Laws and customs of the country/ies you visit can be very different to those in the USA. Be aware of your actions to ensure that they do not offend, especially if you intend to visit religious areas. There may be serious penalties for doing something that might not be illegal in the USA. You are strongly advised to check with the appropriate embassy, consulate or United States Department of State or https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html for further information regarding local laws and customs of the country/ies you plan to visit. It is your responsibility to familiarize yourself with, and respect local laws and customs. If you fail to do so, we will have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements.
b. Electricity & Voltage. While there should be (but we cannot guarantee) electricity available throughout your trip, the voltage is likely to vary widely, and may be different from the voltage used in your home country. As such, please be aware that the electricity supply may not be sufficient to power your electronic devices all the time and that you may need a voltage converter or transformer to safely power your electronic device(s). It is recommended that you check the voltage of your device(s) before plugging it in, as the device(s) may be damaged if the incoming voltage is higher than the device(s) is manufactured for. Once you have established the voltage of your device(s), you may need an adapter to ensure your plug will fit in the available sockets. Innovative Travel makes no representation, warranties, covenants or guarantees with respect to the availability, standards or voltage of electricity and is not liable for any injury, loss, expenses or damage (either direct or consequential) that may result from the passenger’s use or charging of a device during the trip.
a. Innovative Travel , its parent, subsidiaries, and their respective employees, affiliates, officers, directors, successors, representatives, assigns (collectively “Innovative Travel”) and the tour operator will not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any Third Party Supplier, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Third Party Supplier; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against Innovative Travel for any such loss, damage, injury, or death.
b. By registering for a Tour Package, you certify that you do not have any mental, physical, or other condition or disability that would create a hazard for yourself or other participants. Innovative Travel and the local tour operator reserve the right in their sole discretion to accept, decline to accept, or remove any participant on an Expedition. National Geographic Expeditions and the tour operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of the participants.
c. We may operate trips in regions where standards of quality, accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those which would be expected in the USA. The suppliers of the services and facilities included in your holiday should comply with local standards where they are provided. All Company holidays, but especially those in remote regions, or regions with dangerous wildlife, involve a risk of injury, loss or damage to property, inconvenience and discomfort. Your booking is accepted on the understanding that you realize the hazards involved in this kind of holiday, including injury, disease, loss or damage to property, inconvenience and discomfort and by completing our booking form, you acknowledge that you have read and understood these booking conditions and agree to assume all risks associated with the holiday to the maximum extent permitted by law. The whole philosophy of this type of travel is one that allows alternatives and a substantial degree of on-trip flexibility. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. It is a fundamental condition of joining any of the holidays described in this brochure that you accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment, are possible. If we are unable to complete the proposed itinerary owing to the reasons stated above, we will either transport you to the end point of the itinerary, or return you to the starting point, or provide an agreed alternative itinerary. Pro rata refunds will be given for services not utilized in such circumstances wherever possible. If a passenger is unable, or does not choose, to complete an itinerary outlined for a holiday, the Company is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when the passenger is not present with the group.
d. Assumption of Risk. By registering for a Tour Package, you acknowledge that you are aware that travel such as the Tour is undertaking involves potentially dangerous activities, some in remote areas of the world, with a risk of illness, injury or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism. You further acknowledges that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which you are participating on the Tour Package and that when available may not be of the quality which exists in the United States.
e. Force Majeure. The Company shall have no liability to You for failure to perform or delay in performance of any obligations under this Agreement for any loss or damage due to delay, cancellation, or disruption caused in any manner by the laws, regulations, acts or failure to act, demands, orders, or interpositions of any government or any subdivision or agent, thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond the control of either party whether similar or dissimilar to the foregoing.
a. General Interpretation. Headings and titles in this Agreement are for convenience of reference only and shall not affect the construction or interpretation hereof. Words in the singular include the plural and vice-versa and words in one gender include all genders. The terms “including” and “includes” shall be deemed to be followed by the statement “without limitation” and neither of such terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
b. Governing Law. This Agreement and the services provided hereunder shall be governed and construed in accordance with the laws of New Zealand.
c. Disputes. Any and all disputes arising directly or indirectly under this Agreement and/or concerning any claim arising directly or indirectly from the Customer’s participation in any Tour Package provided by Innovative Travel, shall be brought and decided in the Courts of New Zealand located in Christchurch, New Zealand, and each party hereto submits to that court’s exclusive subject matter and personal jurisdiction.
d. US Forum. This clause shall apply where a U.S. court has struck down, invalidated, disapplied or declined to enforce or have regard to clause 17(c) of this contract for any reason whatsoever, or in the event that acclaim in respect of death or personal injury is issued or filed, or you threaten to issue or file, in a court within the United States of America and where: (i) you have stated your intention in correspondence to issue or file the claim in a U.S. court or have issued or filed court proceedings in a U.S. court; and/or (ii) you have issued or filed proceedings in a U.S. court and that court has denied a motion to dismiss or motion forum non conveniens based to the agreement to the exclusive jurisdiction of the Courts of New Zealand, despite the provision of clause 17(c) of this contract. Accordingly, YOU AGREE THAT ANY DISPUTE CONCERNING, RELATING OR REFERRING TO A CLAIM FOR DAMAGES DUE TO INJURY OR DEATH WHICH OCCURS DURING OR IN CONNECTION THE TOUR OR TOUR PACKAGE AND WHERE THAT CLAIM IS COMMENCED OR TRANSFERRED TO U.S. JURISDICTION SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ACCORDING TO THE THEN EXISTING RULES OF THE NEW ZEALAND DISPUTE RESOLUTION CENTER IN AN ARBITRATION CONDUCTED IN AUCKLAND, NEW ZEALAND. SUCH PROCEEDINGS WILL BE GOVERNED BY SUBSTANTIVE NEW ZEALAND LAW. THE DISPUTE WILL BE RESOLVED BY A SINGLE ARBITRATOR. THE PARTIES WAIVE THE RIGHT TO RELY ON ANY STATE LAW OR STATUTE WHICH CREATES AN EXCEPTION TO ENFORCEMENT OF THE REQUIREMENT THAT DISPUTES BE RESOLVED PURSUANT TO ARBITRATION IN THE MANNER SET FORTH HEREIN. IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING BROUGHT BY THE CUSTOMER IN U.S. JURISDICTION, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY IRREMOVABLY AND FOREVER RELINQUISH AND WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
e. Successors and Assigns. This Agreement will be binding upon and will inure to the benefit of the Parties and their respective legal representatives, successors, executors, personal representatives, heirs, and distributees.
f. No Waiver. The waiver of any breach of any term or condition of this Agreement will not operate as a waiver of any other breach of such term or condition or of any other term or condition, nor will any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision hereof.
g. Amendment. This Agreement may only be amended in a writing signed by Innovative Travel.
h. Entire Agreement. This Agreement supersedes any prior written or oral agreement or negotiation among the Parties hereto and represents the entire agreement of the Parties as to the subject matter hereof.
ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY AND RELEASE OF LIABILITY [Please read carefully!]
I). RESPONSIBILITY : I UNDERSTAND AND AGREE THAT ALL TRAVEL ARRANGEMENTS INCLUDED IN THIS TRIP ARE MADE ON MY BEHALF UPON THE EXPRESS CONDITION THAT NEITHER INNOVATIVE TRAVEL AND IMPORT COPMANY LIMITED, NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES (COLLECTIVELY “INNOVATIVE TRAVEL”), SHALL BE LIABLE OR RESPONSIBLE FOR ANY NEGLIGENT OR WILFUL ACT OR FAILURE TO ACT OF ANY THIRD PARTY, SUCH AS OPERATORS OF AIRCRAFT, TRAINS, MOTORCOACHES, PRIVATE CARS, CRUISE VESSELS, BOATS, SHIPS OR ANY OTHER CONVEYANCE, HOTELS, SIGHTSEEING EXCURSIONS, LOCAL GROUND HANDLING, ETC. WHICH ARE TO OR DO SUPPLY ANY GOODS OR SERVICES FOR MY TRIP. I FURTHER UNDERSTAND THAT INNOVATIVE TRAVEL NEITHER OWNS NOR OPERATES SUCH THIRD PARTY SUPPLIERS AND ACCORDINGLY AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THOSE SUPPLIERS AND NOT HOLD INNOVATIVE TRAVEL RESPONSIBLE FOR THEIR ACTS OR OMISSIONS. WITHOUT LIMITATION, INNOVATIVE TRAVEL IS NOT RESPONSIBLE FOR ANY NEGLIGENT OR WILFUL ACTS OF OTHERS OR FOR ACTS OF GOD OR FORCE MAJEURE, WEATHER EMERGENCIES, BREAKDOWN OR FAILURE OF MECHANICAL EQUIPMENT, GOVERNMENT ACTIONS, INCLEMENT WEATHER, SICKNESS, ATTACKS BY ANIMALS, AVAILABILITY OF MEDICAL CARE OR THE ADEQUACY OF THE SAME, CRIMINAL ACTIVITY OF ANY KIND, TERRORISM, WAR, CIVIL DISTURBANCE, SANITARY CONDITIONS, QUALITY OR SANITATION OF FOOD, QUARANTINE, CUSTOMS REGULATIONS, EPIDEMICS, STRIKES, HOTEL OVERBOOKING, SAFETY AND/OR SECURITY STANDARDS AT HOTELS OR OTHER ACCOMMODATIONS, ANY PROBLEMS OR INJURIES WHATSOEVER ARISING FROM CUSTOMERS’ CONSUMPTION OF ALCOHOLIC BEVERAGES OR ILLEGAL DRUGS OR FOR ANY OTHER REASON BEYOND THE CONTROL OF INNOVATIVE TRAVEL, AND I UNDERSTAND, AGREE WITH, AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE RELEASE AND WAIVER OF LIABILITY SET FORTH HEREIN.
II). ACKNOWLEDGEMENT OF RISK : I understand and acknowledge that my travel in connection with and participation in the travel or vacation package (“Vacation Package” or “Trip”) arranged at my request by INNOVATIVE TRAVEL may involve risk and potential exposure to injury and possibly death. I specifically acknowledge and recognize the potential for injury and death which can result from my irresponsible and immature use of alcohol and/or illegal drugs in connection with or during this Trip. I also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, employees, officers or agents of INNOVATIVE TRAVEL or the negligence or participation of other passengers, contractors and/or subcontractors to INNOVATIVE TRAVEL. I also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. I fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during my Trip.
III). EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risk of the travel and related activities in which I am intending to engage, I confirm that I am physically and mentally capable of participating in the activity and that I will be mature and responsible in my behavior and particularly in connection with any drug or alcohol use in which I may participate. I am willingly and knowingly electing to participate in this Vacation Package in spite of the potential risk of danger and I willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by me or caused by me, whether caused in whole or in part by the negligence of the owners, agents, officers, employees, contractors or subcontractors of INNOVATIVE TRAVEL.
IV). RELEASE OF LIABILITY : In consideration of the services and arrangements provided by INNOVATIVE TRAVEL, I, for myself and for my heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify INNOVATIVE TRAVEL, and its owners, officers, directors, affiliates, agents, contractors, subcontractors and employees from any and all claims, actions, losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my travel in connection with the scheduled Vacation Package and any activities conducted in conjunction therewith. I SPECIFICALLY UNDERSTAND THAT I AM RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACT OR CONDUCT OF THE OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF INNOVATIVE TRAVEL.
V). EXPRESS WAIVER OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES: Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against INNOVATIVE TRAVEL, its owners, directors, affiliates, agents, contractors, subcontractors and employees, for any reason whatsoever.
VI. MEDICAL AUTHORIZATION: I hereby authorize any medical treatment reasonably necessary for any injury which I incur while participating in this Trip.
VII. MEDICAL EXPENSES: I either have medical insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred by me or on my behalf during such Trip.
VIII. SEVERABILITY: I agree that if any term set forth in this Exhibit “A” is found to be unenforceable, all other terms set forth in this Exhibit “A” are severable from the terms that are invalidated.
IX. CONFLICT: In the event of any inconsistency or conflict between the terms of this Exhibit “A” and any terms or conditions otherwise applicable to the Trip, the terms of this Exhibit “A” shall prevail.
X. MANDATORY ARBITRATION : I hereby acknowledge that I have read and understood the Mandatory Arbitration provisions set forth in clause 18 of the Booking Conditions for my Trip and agree to be bound by such provision in the event that a claim in respect of death or personal injury is issued or filed by me or I threaten to issue or file such a claim in a court within the United States of America as set forth therein.