Terms and Conditions
(For worldwide tours except China)
The Terms and Conditions in place when you make your booking will apply to your trip. If you are rebooking a trip with a credit voucher you will be agreeing to the most current version of the Terms and Conditions in place when you rebook.
Please read and understand the conditions of booking set out below (Terms and Conditions) prior to booking a trip with us as they set out your legal rights and obligations in relation to your booking.
Please also read the Essential Trip Information and Important Notes relating to your trip prior to booking to ensure that you understand the itinerary, style and physical demands of the trip you are undertaking. The Essential Trip Information and Important Notes relevant to your Trip will be provided to you before the tour or located on our website.
OUR CONTRACT
Your booking contract is with YAT Travel Limited 8293540 (us/we/our). By booking a trip with us you have agreed to be bound by the terms and conditions set out in:
these Terms and Conditions;
Essential Trip Information and Important Notes that apply to your trip; and
any Special Conditions that may apply,
(all of which constitutes the entire agreement between you and us).
Your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice. In these Terms and Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
PRIVACY
YAT Travel acknowledges the privacy and data protection obligations it owes to its guests under the New Zealand’s Privacy Act of 1993. These updated obligations are expressed in YAT Travel’ Privacy Policy.
DEPOSIT
A deposit, in the currency of United States Dollars or New Zealand Dollars, is required to secure your booking (10% of total amount or subject to each booking). This deposit can be refund or transferred to any other departure date or trip, providing your request to cancel or transfer is received in writing prior to 90 days from your booked trip departure.
ACCEPTANCE OF BOOKING AND TRIP BALANCE
If we accept your booking, we will issue you with a booking invoice. A contract will exist between you and us from the date we issue the invoice or if you book within 59 days of departure the contract will exist when we accept your payment. Please refer to your booking confirmation invoice for details regarding final payments, including how to make the payment. You agree to pay the outstanding balance shown on your invoice (including any additional items) no later than 59 days prior to the departure date of your booked trip. For bookings within 59 days prior to the departure date of your booked trip, the full balance (including any additional items) is required within 48 hours of booking confirmation. Failure to pay the outstanding balance by the specified due date may result in your booking being canceled and your deposit, and any other funds paid, being forfeited in full. Further details refer to Cancelation clause.
PAYMENT
We accept direct bank transfer, and most credit cards for deposit and trip balance payments. We do not accept American Express. When using a credit card for your trip balance payments, a 2% fee applies.
PAY DEPOSIT, LOCK IN YOUR RATE
We often customize the tour and quote our prices a few months to one year in advance. Between that time and the time of your trip’s departure, we are occasionally faced with cost increases (e.g. foreign currency fluctuations, fuel surcharges, increases in cost of services). In the event of a significant change in costs, we reserve the right to apply a surcharge. If you paid the deposit at the time of booking, you are exempt from any such surcharges.
YOUR DETAILS
For us to confirm your travel arrangements, you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a Self-Assessment form which will be provided to you by your sales representative. For more information about how we treat your personal information please refer to our Privacy Policy.
CANCELATION
The following conditions apply, depending on whether a cancelation is made “by you”, “by us”, or “by force majeure”:
BY YOU
Cancelation 91 days before trip departure: Your deposit and full trip payment will be refunded.
Cancelation 90-31 days before trip departure: deposit is nonrefundable and trip balance is refundable.
Cancelation 30-0 days before trip departure: both deposit and trip balance are non-refundable.
A cancelation by you will take effect from the date we receive notice in writing. No refunds will be provided in the event of voluntary or involuntary early departure from a trip. No refunds will be given for missed or unused services including, but not limited to, accommodation, activities and meals. We strongly recommend travel insurance which covers cancelation.
BY US
We are occasionally required to cancel a trip at any time prior to departure for reasons beyond our control, including when the minimum number of guests required to operate a trip is not reached. If your trip is canceled, you are welcome to transfer to an alternate departure for no additional fee, or transfer to an alternative trip (subject to any difference in price) or opt for a full refund.
BY FORCE MAJEURE
In circumstances where a cancelation is necessary due to any conditions or event beyond our control including, but not limited to, natural events, pandemics, border restrictions, terrorism or political instability, we will endeavor to transfer your booking to an alternative departure or trip, or we will offer a trip credit to use towards the balance of any new booking.
All credits and refunds resulting from cancelation for any reason will be less any non-refundable expenses incurred by us. If your booking is changed or transferred for any reason, the booking Terms and Conditions in effect on the date your new booking is made will apply. We are not responsible for any additional expenses you may incur as a result of your booking being canceled or changed including, but not limited to, visas, vaccinations, medical expenses, clothing, equipment, testing, quarantine, travel insurance excess or flights.
Important Note regarding credit:
There may be circumstances in which we issue you with credit. For instance, we may offer you the choice of a credit voucher instead of a cash refund when you are entitled to a full or partial refund. Unless specified otherwise in the Special Conditions, any credit issued under these Terms and Conditions:
does not have an expiry date.
may be applied towards any other available trip offered by us, except in the case of Deposit Credits which may not be applied to the same or similar dates of travel of the original booking;
is not transferrable to another person or redeemable for cash; and
may not be used to book flights or insurance as they will have their own booking conditions.
BOOKING AMENDMENTS
Transfers to a third party or an alternative trip are only permitted when operationally possible and, in the case of transferring to a third party, where the transferee meets all the requirements in relation to the trip. Certain fees may apply.
No amendments are permitted to your booking within 59 days of departure.
CHANGE OF TRIP OR DEPARTURE DATE
You are welcome to change your trip and/or departure date, subject to availability, at any time prior to 90 days before the departure date of your booked trip. The following conditions apply:
First change (trip and/or departure): No charge
New trip pricing (where applicable) will apply for all changes
A change of trip and/or departure will take effect from the date we receive notice in writing. We strongly recommend travel insurance which covers cancelation and change penalties.
All credits and refunds resulting from a change of trip and/or departure for any reason will be less any non-refundable expenses incurred by us. If your booking is changed or transferred for any reason, the booking Terms and Conditions in effect on the date your new booking is made will apply. We are not responsible for any additional expenses you may incur as a result of any changes to your booking including, but not limited to, visas, vaccinations, medical expenses, clothing, equipment, testing, quarantine, credit card fees, travel insurance or flights.
AGE AND HEALTH REQUIREMENTS
Minimum Age:
All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
Maximum Age:
For the majority of our trips, we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We can provide details 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 and recommendations for your destination.
ADDITIONAL TERMS
Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/ or a release form to a third-party supplier who is helping to run your trip. Specifically, the ground suppliers of our trips in North America require a waiver to be agreed and signed by you on day 1 of your trip, in order to meet their insurance requirements. A copy of this waiver can be provided to you prior to departure on request.
To the extent there are any inconsistencies between the terms of these Booking Conditions and the supplemental waiver, the terms of these Booking Conditions shall prevail and supersede any supplemental waiver. We reserve the right to deny participation to you if you have not signed a waiver.
PASSPORTS AND VISAS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by us and/or the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel with is as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.
TRAVEL INSURANCE
Travel insurance is mandatory for all our travelers and must be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of USD$250,000 or NZD$500,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide your travel insurance policy number and the insurance company's 24-hour emergency contact number on the first day of your trip; you will not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank's name and credit card details.
CHANGE OF ITINERARIES
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility, and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. While we endeavor to operate all trips as described we reserve the right to change the trip itinerary. Itineraries are subject to alteration without notice and are intended as a guide only. YAT Travel reserves the right to change the itinerary without any notice. Any additional expenses incurred by the passenger is not YAT Travel responsibility. YAT Travel can give no guarantees as to the exact arrival & departure times for carriers and operators used by YAT Travel and will not be liable for the failure of any services or attractions beyond its control. During busy times, we may operate simultaneous departures whereby some trips travel in the opposite direction to the stated itinerary. All reverse trips are run as per the itinerary, following the itinerary backwards.
AUTHORITY ON TOUR
Our trips are generally run by group leaders, local representatives, crews or skippers (Leaders). The decision of the Leader is final on all matters likely to affect the safety or well-being of any traveler or staff member participating in the trip. If you fail to comply with a decision made by a Leader, interfere with the well-being of the group or our ability to run a trip as planned, the Leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited.
ACCEPTANCE OF RISK
You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
LIABILITY
Our services which include our trips (“Services”) may come with guarantees that cannot be excluded under New Zealand Law.
“New Zealand Law” means the uniform consumer protection law set out of the Fair Trading Act 1986.
1, To the maximum extent permitted by law we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Terms and Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or willful misconduct. This clause does not limit or exclude your rights under the Fair Trading Act 1986.
2, (Limitation of Liability) Where the law implies a warranty into these Terms and Conditions which may not lawfully be excluded (in particular warranties under the law) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.
3, (Indemnity) You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) your access or use of the Services, this includes your delegate’s access or use of the Services; and
(b) any breach by you (or your delegate) of:
(i) these Terms and Conditions; or
(ii) any additional terms applicable to providing the Services,
except to the extent that such loss or damage as a direct result of our fraud or willful misconduct.
4, (Third parties) We contract with a network of companies, activity providers, accommodation providers, airlines, coach and transfer companies, tour and local guides, government agencies, independent contractors and individuals to assist in the running of our trips as agent for these third parties (Third Party Supplier). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.
5, (Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.
OPTIONAL ACTIVITIES
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
TOUR DETAILS
Any inclusions whilst on the road that you do choose not to partake in will not be refunded to you.
YAT Travel aims to provide a safe & enjoyable environment for all passengers and personnel on board our tours. Therefore, please make a note of the below conditions:
YAT Travel does not tolerate any form of abuse, verbal or otherwise, of our personnel. Any person abusing or threatening YAT Travel personnel or associated representatives will automatically forfeit their right to onward travel.
There might be times when YAT Travel personnel and/or representatives have to make decisions within the best interest of safety for its passengers. It is a condition of booking that you comply with the authority and decisions of the appointed representative of YAT Travel.
Should you choose not to comply with the said representative or are not compatible with the general enjoyment and well-being of members of the tour, YAT Travel reserves the right to refuse to allow you to continue with the tour.
In such a case that you are removed from the tour YAT Travel will not be liable to provide you with any refund, compensation or any additional costs incurred by you.
YAT Travel cannot accept liability for the behaviour of others on your tour nor if any facilities are curtailed as a result of their actions.
CLAIMS AND COMPLAINES
If you have a complaint about your trip please inform your group leader or our local representative at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means then any further complaint should be put in writing to us within 30 days of the end of the trip through our General Enquiries Email
SEVERABILITY
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
GOVERNING LAW
The laws of New Zealand fully govern these Terms and Conditions allowable. Nothing in these Terms and Conditions, including this clause, affects your rights as a consumer to rely on any applicable local laws.
ASSIGNMENT AND REGISTERED ADDRESS
We can assign or otherwise transfer any of our rights or obligations under these Terms and Conditions, including novation to a related body corporate (as defined in the Company Act 1993), at its sole discretion on written notice to You (including notice via the Website).
3 James Street, Lincoln7608, Canterbury, New Zealand.
BOOKING ENTITY
You will be booking through the New Zealand company: YAT TRAVEL LIMITED 8293540.
YAT Travel, YAT Travel NEW ZEALAND, and the YAT Travel and YAT Travel NEW ZEALAND logos are trade name and trademarks of YAT Travel Limited, and references to “we”, “our” and “us” mean YAT Travel. All rights reserved.
PARTICIPATION AGREEMENT
I (the client) have carefully read the terms and conditions stated in these pages. In consideration for the right to participate in the Program (YAT Travel itinerary), I agree as follows:
STATEMENT OF UNDERSTANDING
Although YAT Travel has made reasonable efforts to assure my safety while participating in the Program and activities offered as a part of the Program, I understand that there are certain risks, dangers, and hazards that are inherent to participation in the Program. These include, but are not limited to, physical and mental fatigue; slips, falls, and collisions; encounters with wild animals and varied terrain; altitude-related illness; changing weather conditions; acts or omissions of the public or other Program participants; accident or illness in remote areas without the possibility of immediate evacuation or availability of medical supplies or facilities; and accidents occurring during travel associated with the Program. Encountering these risks, dangers, and hazards could result in physical injuries, death or damage to personal property. I understand that it is impossible for YAT Travel to list in this Agreement every inherent risk, danger, or hazard associated with participating in the Program. I understand and appreciate, however, that I may encounter these, and other inherent risks, dangers, and hazards not specifically listed in this Agreement at any time during the Program. I also understand that the Program may include a Free Day, Free Morning, or Free Afternoon. Any activities not included in the Program on such Free days are undertaken solely at my own risk and YAT Travel, its guides or any other representatives are not liable or responsible for my actions.
ASSUMPTION OF RISK
I accept and assume all of the inherent risks, dangers, and hazards associated with participating in the Program, whether known or unknown, including those specifically identified above. I am voluntarily participating in the Program with knowledge of the dangers involved. I therefore release and discharge YAT Travel and its owners, employees, subcontracted activity and service providers, and business partners from liability for bodily injury, death, property damage or theft, and any of the consequences thereof, arising from my participation in the trip. I enter into this release of liability on behalf of myself, and those members of my party who are under 18. I certify that I am the parent or guardian of any such minors.
RESPONSIBILITY FOR CONDUCT
I accept and assume responsibility for my own negligent or reckless conduct while participating in the Program. I understand that YAT Travel accepts and assumes responsibility for its own negligent or reckless conduct. I also understand that YAT Travel has advised me to purchase trip insurance. I acknowledge that YAT Travel can cancel my trip at any time at my expense if I do not adhere to the guides’ instructions or if I’m behaving in a manner that could affect the health, safety or wellbeing of others on the trip.
FITNESS TO PARTICIPATE
I have reviewed the trip itinerary/description and have sought and obtained any further clarification that may have been required to ascertain the physical and mental requirements for completing the trip and I confirm that I meet those requirements, and that I will notify YAT Travel immediately if I that situation should change either prior to or at any time during the trip. I also acknowledge that YAT Travel may cancel my trip at any time or exclude me from any activity if it becomes apparent to YAT Travel, any of its guides, or any contractor responsible for providing any aspects of a trip or activity, at any time prior to or during the trip/activity, that I am likely to be unable to complete the trip/activity without undue risk to the health of myself or others, at the complete discretion of YAT Travel. YAT Travel recommends that I consult with a physician before participating in the Program. It is my own responsibility to determine whether the Program is suitable for me.
ALCOHOL AND DRUGS
For my own and others’ safety, I agree to adhere to YAT Travel’ rules regarding the consumption of alcohol. This means consuming no more than a maximum of one (1) alcoholic drink during days where adventure activities are included in the Program and observing a minimum stand down of eight (8) hours in the event more than two (2) alcoholic beverages are consumed (for example, overnight rest following evening alcohol consumption) before participating in adventures activities. I agree not to consume or engage in any drug-taking while participating in the Program.
EQUIPMENT
YAT Travel may provide me with equipment for my use during the Program. YAT Travel checks this equipment before each tour; however, I am responsible for checking the equipment upon receipt, as well as alerting tour leaders of any change in the condition of the equipment that may occur during my use. I understand that I am in exclusive control of any such equipment once YAT Travel provides it to me. I acknowledge that I have read the gear list, I agree to adhere to the recommendations, and I will carry or wear what is suggested by the guides throughout the trip and during any activity.
CONSENT TO FIRST AID
I provide consent, should the need arise, for my YAT Travel guide to administer First Aid to me and any minors travelling with me. I fully release, indemnify and hold harmless YAT Travel from any and all actions, and any and all claims, for damages whatsoever which may hereafter arise as a result of any first aid, treatment in response to a set of signs or symptoms and/or the administration of any medication in response to a medical, implied consent or emergency situation that involves myself or any minors travelling with me.
HEALTH & SAFETY
I agree to adhere to YAT Travel’ health and safety measures. I also agree to disclose any pre-existing medical condition and/or physical or mental condition, disability or injury.
PHOTOGRAPHS AND FILMING
YAT Travel reserves the right to take photographs/videos of me during the Program. I agree YAT Travel may use any such photographs or videos for business purposes without payment or other consideration.
TEXT
YAT Travel may use any text written in comments books, recorded in customer surveys or input to online forums, in brochures, websites and/or advertising and publicity material without obtaining any further consent or payment in respect of comments.
TRIP RESERVATION AND DETAILS
My payment of the required reservation fee and signature of this participation agreement constitutes consent to all the provisions of the “Trip Reservation and Details” information including the itinerary and to those contained in this Agreement. YAT Travel provides no warranty, representation or terms and conditions regarding the Program other than those specifically stated in this Agreement. I acknowledge that YAT Travel is the tour operator and I have no contract or agreement with any other person or company.
