YOURNZDRIVER Terms and Conditions - Other Info

1. You are the 'Client', and the 'Company' is Your NZ Driver Limited, and the Company is engaged to provide the Client with transportation services for passengers, luggage and/or goods ('Services').

   Passengers and Luggage

2. It is the Client's responsibility to advise the Company on the number of passengers and the number of pieces of luggage requiring the Services prior to your journey with the Company.

3. Any excess or oversized luggage required to be carried over and above the number of pieces of luggage advised or not disclosed to the Company that cannot be reasonably accommodated in the vehicle, may need to be placed in an additional taxi. In this instance, the cost of the additional taxi will be invoiced at the standard rate of NZD$200 (plus GST).

4. Any soiling of the vehicle (including vomit and alcohol spilt or consumed at any time in the vehicle due to the Company and vehicles not holding a liquor licence) will be charged at NZD$250 per incident (plus GST).

5. The Client is responsible and liable for any damage caused to the vehicle (whether to the interior or exterior of vehicles) by the Client's personnel (including any passengers requested by the Client for transport by the Company).  Any such damage will be assessed by the Company and the repairs quoted with the Client invoiced for such repairs.

6. In the event of excess or oversized luggage, the Company will immediately inform the Client contact prior to additional costs being incurred.

7. For safety reasons, items such as the following must not be carried in luggage (or otherwise presented for carriage as part of the Services) unless they have been advised in writing to the Company and it has in writing accepted them for carriage prior to the Services being provided:

8. dangerous goods such as loaded firearms, corrosive materials, explosives, flammable liquids and solids, poisonous, toxic or infectious substances, radioactive materials, compressed gases or any other dangerous goods;

9. animals, bullion, coin, precious stone, jewellery, antiques, works of art or other valuable goods; and

10. any goods that require any special care (including any temperature control or ventilation).

11. Additional charges and requirements may apply if the Company agrees to deal with or handle any items of the nature described in this clause.

    Prices Quoted

12. Prices quoted are subject to change at any time and are inclusive of GST here in New Zealand and quoted in NZ Dollars.

    Bookings will include:

13. Driver(s), Vehicle(s), the drivers meal allowance and driver’s accommodation if there are overnight stays away from driver’s home/usual place of residence.

14. Your booking is not confirmed until a Deposit is made and bookings are on a ‘First come first served’ basis, as from time to time we will encounter double or triple bookings. Once the full payment is made, we are happy to share our driver’s contact details with you.

    What is NOT included:

15. Your own meals, your own activities and accommodation are your responsibility unless it is clearly stated in your tour package.

16. If our driver is on a multi day tour and asked to stay take our guests outside the driver’s usual town / place of residence, then Meal Allowance and Driver Accommodation must be included in your Tour quote.

17. YourNZDriver could be a subcontractor or brought in as a third party in order to complete your tour request. Eg Your Travel Agent has reached out to us to drive your group and use our own vehicles.

18. YourNZDriver reserves the right to correct any pricing errors or omissions. Prices quoted could be per person, per group, per vehicle or per Transfer in New Zealand dollars and subject to minimum numbers unless stated. If paying by credit or debit card a 3.4% fee applies.

    Luxury Vehicle and Driver Safety/Laws

19. It is NZ law for all passengers including driver to be wearing a seatbelt. No alcohol or food permitted in vehicles unless otherwise agreed upon (dependent on the nature of the booking and the client requesting at time of booking). No drugs, smoking or vaping in vehicles.

20. Any damage to the vehicles will be added as a surcharge and client/agent will be notified immediately. Any abusive behaviour towards driver or causing driver unecessary pressure will not be tolerated.

    Consuming Alcohol while in a Commercial/Passenger Vehicle

21. The NZ Legislation states It is illegal to consume alcohol in a vehicle that is operating as part of a commercial passenger service. This includes taxis, Ubers, buses, and limousines unless the operator has a special license. The driver or company has a right to say no or refuse to take the passenger(s) or a group.

22. We also DO NOT hold a liquor licence.

23. If the inside of the vehicle is left in a dirty/soiled manner, then a cleaning fee of NZD$250.00 +GST will be charged to the hirer.

24. Smoking or the consumption of drugs and alcohol is not permitted in the vehicle at any time. Failure to comply may result in the termination of hire. Violation will result in the immediate termination of the contract and the forfeiture of all paid deposits and fees.

25. Alcohol is not to be consumed by any passenger in our vehicles, or our service will be terminated immediately and no refund will be given.

26. Irresponsible, dangerous or intoxicated behaviour, which compromises the safety of the chauffeur or passengers will not be accepted and may result in the termination of hire, without any refund.

27. The person reserving the vehicle is responsible for all guests and any damage to the interior and equipment in the vehicle and willful damage to the exterior. All passengers agree to behave in an orderly and well-behaved manner. This includes, but is not limited to: liquid spillage, vomiting, lights, electronic and stereo equipment. Repair and replacement of any item will be the responsibility of the person hiring the vehicle. In the event of such early termination the person reserving the vehicle, remains liable for the full rental fee, this will happen without any refund.

    Cancellation Policy

28. YOURNZDRIVER reserves the right to make changes to their itineraries or cancel any trip, including a guaranteed trip, at any time prior to departure if something beyond the control of YOURNZDRIVER deems it necessary; including natural disasters, political instability, terrorism, weather, natural disasters, cultural conditions or other external events.

29. In the event of a cancellation or variation of the Services by the Client, the following policy will apply:

30. Cancellation of Services made within 48 hours of the scheduled pick-up time will be charged at 70% of the total quoted rate.

31. Cancellation or variation of Services within 24 hours of the scheduled pick-up time will be charged at the full quoted rate (including if the Client releases the Company's driver/vehicle before the end of the booking period after the relevant journey has commenced);

    Wait Times

32. Hotel Pickups for Airport Outbounds: The Company will wait for the Client for a maximum of 15 minutes following the scheduled pick-up time (or such longer time the Company expressly agrees in writing), after which the Client will be charged an extra wait time of $30 per 10 minutes after the 15 minute grace period. The Company's charges will be payable in full as if the Services had been fully performed.

33. Any departure, arrival or transit time stated by the Company is an estimate only. The Company is not liable for any delay.

    Limitation of Liability

34. The Company's liability under the Terms shall be limited as follows:

35. If and to the extent that Part 5, Subpart 1 (carriage of goods) Contract and Commercial Law Act 2017 (Carriage Act) applies to the Services, the carriage of any goods (including checked baggage) is undertaken on the basis of "at limited carrier's risk" as defined in the Carriage Act and, in calculating the Company's liability under the Carriage Act. In no event will the Company's liability exceed $2,000 per unit of goods.

36. If and to the extent that the Carriage Act applies to any Services incidental to the carriage of Goods (including storage of baggage) those services are undertaken on the basis of "at owner's risk" for the purposes of the Carriage Act (meaning that the Company will pay no compensation if goods (including baggage) are lost or damaged, unless the Company intentionally loses or damages them).

37. In accordance with section 269 of the Carriage Act, the Company is liable for the loss of or damage to any hand baggage that occurs while the passenger is on board the mode of transport or in the course of any of the operations of embarking or disembarking, only if the loss or damage is caused wholly or partly by the negligence or wilful default of the Company.

38. The Company will only be liable (in the manner set out in these Terms) for physical loss or damage to goods (including checked baggage) which occurs between the time at which those goods are accepted for carriage by or on behalf of the Company at the relevant collection point and the time at which those goods are unloaded from the transportation vehicle at the relevant delivery point.  All other liability of any kind (whether arising in contract, tort (including negligence), statute or otherwise) to the Client or any other person is excluded to the maximum extent permitted by applicable law.

39. Any and all claims in respect of the Services must be made by the Client in writing to the Company within seven days of completion of the relevant journey. Any claims not made within this timeframe will be invalid and the Company will have no liability whatsoever in respect of such claims.

40. Notwithstanding any other provision of these Terms, in no event will the Company be liable, whether in contract, tort or otherwise for any indirect or consequential loss, any delay of any kind, or for any loss of profit, savings, goodwill or opportunity or for any economic loss (whether directly or indirect) or special or exemplary damages.

41. The Client acknowledges and agrees that it is acquiring Services under this Agreement for the purposes of a business and, accordingly, that the provisions of the Consumer Guarantees Act 1993 do not apply and are excluded to the maximum extent permitted by law.  Any other rights the Client may have which are implied by statute, common law or custom are excluded from application to the Services and this Agreement to the maximum extent permitted by law

42. Notwithstanding anything else in these Terms, the Company is not liable for any loss or damage, nor any failure or delay in performing, or any breach of, an obligation under this Agreement, if the loss, damage, failure, delay or breach arises from a cause beyond the reasonable control of the Company including, without limitation, act of god, earthquakes, landslides, floods, fires, adverse weather conditions, strikes or industrial disturbances, epidemic, pandemic, national emergency, civil unrest or any restrictions, restraint, intervention, direction or embargo by any governmental agency.

43. New Zealand Driving Laws
    Our private driver or guides are required to take adequate breaks in-between their long driving days and hours. The maximum a driver can drive in any one day is 13 hours, with a minimum of 2x 30 minute breaks. A 10 hour mandatory break is then required after a full day of driving.

44. Travel Insurance
    Travel Insurance is the responsibility of the tour guest or group. YourNZDriver strongly recommends travel insurance is purchased at the time of confirming and paying the deposit for your tour. Failure to obtain travel insurance is at the tour guest’s or group’s own risk. When obtaining travel insurance you must declare any pre-existing medical condition, check your travel insurance provider offers cover for guided tours and any adventurous activities such as skiing are declared.

45. Accident Compensation Commission (ACC)
    If you are injured whilst in New Zealand, ACC may be able to help with the cost of the treatment and support you need whilst you’re here. However, it is important to be aware that you cannot sue for personal injury – ACC replaces that right. Furthermore, ACC only covers treatment and rehabilitation costs whilst in New Zealand; it is not a replacement for travel insurance and does not cover illness, disrupted travel plans or emergency travel to get you back home.

46. Visas, Passports and Travel Documents
    It is the tour guest or group’s responsibility to ensure they have valid passports, visas and any permits needed to enter New Zealand and meets the requirements of immigration and other government authorities. Any loss, payments or expenditures incurred as a result of visas not being issued in time or of such documents not meeting the requirements of New Zealand immigration is the responsibility of the tour guest or group.

47. What you need to enter New Zealand - https://www.travellerdeclaration.govt.nz/

48. Arriving by Cruise Ship or entering via NZ airports - https://www.govt.nz/browse/immigration-and-visas/visitor-visas-and-the-nzeta/check-if-you-need-a-visitor-visa-or-an-nzeta/

49. Travel Itineraries
    Final Intineraries can include, without limitation, final itinerary, details on guide and travel vouchers if applicable. Intineraries will be sent by email prior to arrival date in New Zealand. It is advisable to print off these documents to refer to while travelling.

50. Tour Guest Safety and Responsibility
    At all times the decision of the YourNZDriver Tour manager / Private Driver, or an activity supplier representative during optional activities, will be final on all matters regarding safety and wellbeing of tour guests and operational requirements of the tour. By travelling with YourNZDriver, the tour guest agrees to abide by the authority of the Tour manager / Private Driver, or optional activity supplier.

51. Should the tour guest fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Tour manager / Private Driver (in their sole discretion), the tour guest’s behaviour is abusive and is causing or is likely to cause danger, distress or material annoyance to others, YourNZDriver will terminate that client’s travel arrangements immediately without any liability on YourNZDriver's part or any third party agencies.

52. The client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.

53. Complaints
    The tour guest or group leader agrees to bring any tour related complaints to YourNZDriver as soon as possible in order to provide YourNZDriver with the opportunity to address such complaint promptly and effectively. The tour guest agrees to inform the Tour manager or their tour advisor at the earliest opportunity.

54. YourNZDriver assumes no liability for complaints that are not properly brought to attention with sufficient notice to resolve or attempt to resolve guest complaints. Any complaint made after the completion of a tour must be received in writing to their tour advisor as soon as possible after the tour.