1. Definitions and Interpretation

1.1 Company means BD Food Limited, a company incorporated in New Zealand (NZBN 8906469), registered for GST.

1.2 Client means the person who makes the booking and, where the context requires, every member of that Client’s touring group travelling on the Tour.

1.3 Tour means the chauffeured transport and driving service provided by the Company through the South Island of New Zealand for the duration set out in the Booking Confirmation, being no more than two weeks unless otherwise agreed in writing.

1.4 Booking Confirmation means the written confirmation issued by the Company setting out the dates, itinerary, price, group size, and vehicle for a Tour.

1.5 These Terms means these Terms of Trade as amended from time to time and notified to the Client.

2. Application of These Terms

2.1 These Terms apply to every booking made with the Company and form part of the contract between the Company and the Client.

2.2 By making a booking, paying a deposit, or confirming a booking in writing, the Client agrees to these Terms on behalf of themselves and every member of their touring group.

2.3 The Client is responsible for ensuring every member of their touring group is made aware of, and agrees to comply with, these Terms before the Tour begins.

3. The Service

3.1 The Company provides chauffeured transport and driving services for small groups travelling through the South Island of New Zealand, for up to 6 passengers per Tour, as set out in the Booking Confirmation.

3.2 The service comprises transport and driving only. Accommodation, meals, activities, and all other travel arrangements are the Client’s own responsibility, unless separately agreed with the Company in writing.

3.3 The Company will use reasonable endeavours to follow the agreed itinerary but may vary the route, schedule, or stops where reasonably necessary for safety, weather, road conditions, vehicle servicing, or other circumstances outside its control.

4. Booking and Payment

4.1 A booking is confirmed once the Company issues a Booking Confirmation and the deposit referred to in clause 4.2 has been received.

4.2 A deposit of 20% of the total Tour price is payable at the time of booking.

4.3 The balance of the Tour price is payable no later than 30 days before the Tour departure date.

4.4 If the balance is not received by the due date in clause 4.3, the Company may treat the booking as cancelled by the Client, and clause 5 (Cancellation by the Client) will apply.

4.5 All prices are in New Zealand dollars and are GST inclusive unless otherwise stated in the Booking Confirmation.

4.6 Payment may be made by bank transfer or credit card. Payment details will be provided in the Booking Confirmation.

5. Cancellation by the Client

5.1 The Client may cancel a booking at any time by written notice to the Company.

5.2 The following cancellation charges apply:

(a)Cancellations received more than 7 days before the Tour departure date: a full refund of all amounts paid, less an administration fee of NZD $500 (GST inclusive); and

(b)Cancellations received 7 days or fewer before the Tour departure date: no refund is payable.

5.3 Where fewer than all members of a touring group cancel, the Company will recalculate the price based on the remaining group size and clause 5.2 applies to the difference.

6. Cancellation or Variation by the Company

6.1 The Company may cancel or vary a Tour where reasonably necessary for safety, including but not limited to severe weather, road closures, natural events (such as earthquake, flooding, or slips), vehicle mechanical failure, or driver welfare.

6.2 Where the Company cancels a Tour for reasons within its control, the Client will receive a full refund of all amounts paid.

6.3 Where the Company cancels or varies a Tour due to a Force Majeure Event (clause 11), the Company will work with the Client in good faith to reschedule where possible. The Company is not obliged to refund amounts beyond what it can reasonably recover from third-party suppliers, if any.

7. Client Responsibilities — Immigration, Visas, and Travel Documents

7.1 The Client is solely responsible for ensuring that they, and every member of their touring group, hold a valid passport and all visas, electronic travel authorities (including the New Zealand Electronic Travel Authority or any successor scheme), and have paid any applicable levies (including the International Visitor Conservation and Tourism Levy or any successor levy), required to enter and remain lawfully in New Zealand for the full duration of the Tour.

7.2 Entry requirements vary by nationality and change from time to time. The Client is responsible for checking current requirements directly with Immigration New Zealand (immigration.govt.nz) or the relevant New Zealand government agency before travel.

7.3 The Company is not a licensed immigration adviser and does not give immigration or visa advice. Nothing in these Terms, the Booking Confirmation, or any communication from the Company is to be relied on as immigration advice.

7.4 The Company accepts no liability for, and will not refund any amount in respect of, a Client’s inability to travel, denial of entry, deportation, or any other consequence arising from the Client failing to hold valid and appropriate travel documents, visas, or electronic travel authorities, or failing to pay any required levy.

7.5 Where a Client is denied entry, removed, or otherwise unable to join or continue the Tour because of an immigration or travel document issue, that Client is treated as having cancelled under clause 5, and no refund is payable other than as set out in that clause.

7.6 For immigration legal assistance, the Company recommends clients contact Lane Neave at mark.wililams@laneneave.co.nz.

8. Client Responsibilities — Health, Conduct, and Safety

8.1 The Client must disclose to the Company, before the Tour begins, any medical condition, disability, or other matter that may affect their ability to safely take part in the Tour.

8.2 The Client must follow the reasonable instructions of the Company’s driver at all times, including instructions given for safety reasons.

8.3 The Company may, at its discretion, remove any Client from the Tour without refund where that Client’s conduct: (a) endangers the safety of the driver, other Clients, or any third party; (b) is abusive, threatening, or seriously disruptive; (c) involves illegal activity; or (d) involves being under the influence of alcohol or drugs to a degree that affects safety or the enjoyment of other Clients.

8.4 Where a Client is removed under clause 8.3, the Company has no responsibility for that Client’s onward travel, accommodation, or other arrangements, and no refund is payable for the unused portion of the Tour.

9. Insurance

9.1 The Company maintains commercial vehicle insurance covering the vehicle used to operate the Tour. This insurance does not cover the Client’s personal property, medical expenses, trip cancellation, or other personal losses.

9.2 The Client is solely responsible for arranging their own travel insurance, including cover for medical treatment and evacuation, trip cancellation or curtailment, and loss of personal property, for the full duration of the Tour. The Company strongly recommends the Client holds adequate travel insurance before the Tour begins.

9.3 The Client should confirm with their insurer that their policy covers the activities undertaken during the Tour and any pre-existing medical conditions.

10. Liability

10.1 To the maximum extent permitted by law, the Company is not liable for any loss, damage, delay, injury, or expense arising from circumstances beyond its reasonable control, including weather, road closures, natural events, mechanical breakdown, third-party acts, or government action (see also clause 11, Force Majeure).

10.2 To the maximum extent permitted by law, the Company’s total liability to the Client arising out of or in connection with a Tour, however arising, is limited to the total amount paid by the Client for that Tour.

10.3 Nothing in these Terms excludes, restricts, or modifies any right or remedy under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded.

11. Force Majeure

11.1 A Force Majeure Event means any event beyond the reasonable control of the Company, including natural disaster, extreme weather, road or route closure, civil unrest, epidemic or pandemic, government restriction, or mechanical failure that could not reasonably have been prevented.

11.2 Neither party is liable for any failure or delay in performing its obligations under these Terms to the extent that failure or delay is caused by a Force Majeure Event.

12. Luggage and Personal Property

12.1 The Client is responsible for their own luggage and personal property at all times. The Company is not liable for loss of or damage to personal property except to the extent caused by the Company’s negligence.

12.2 Each passenger is permitted a maximum of 2 pieces of luggage. The Company reserves the right to refuse carriage of excess luggage where it exceeds the vehicle’s safe storage capacity.

13. Privacy

13.1 The Company collects and holds personal information about the Client to provide the Tour, in accordance with the Privacy Act 2020.

13.2 The Company will not disclose the Client’s personal information to third parties except as necessary to deliver the Tour or as required by law.

14. General

14.1 Entire Agreement: These Terms, together with the Booking Confirmation, are the entire agreement between the parties and replace all prior discussions.

14.2 Variation: The Company may update these Terms from time to time. The Terms applying to a Tour are those in effect when the Booking Confirmation is issued.

14.3 Severability: If any part of these Terms is found invalid or unenforceable, the rest continues in full force.

14.4 Governing Law: These Terms are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

15. Contact

For questions about these Terms, contact BD Food Limited at: