Legal Information

Privacy Statement

1. In order to purchase any products or services from us you will need to supply us with personal information (such as, for example, your name, address and contact details) and information personal to any others using the product or service with you. You will also need to provide credit card details for payment and may need to provide other information specific to the particular product or service, as requested by us.

2. You may also disclose other personal information to us at various times and for other reasons (such as by emailing us or using electronic forms on this site in the course of obtaining our advice or researching or considering the products and services offered by us or completing surveys).

3. We may also collect information about you each time you visit this site. The information collected relates to the date, time, duration and manner of your use of the site and to the parts of the site and the associated product and service information that you view.

4. We may at times store 'cookies' (encrypted information in a text file) on your computer. The use of cookies identifies your computer (but not you personally) and allows us to customise your use of the site, monitor site traffic patterns and generally improve the efficiency and usefulness of the site. The use of cookies is now widespread amongst major commercial websites. You can choose to accept or reject cookies by adjusting the settings of your internet browser, although rejecting cookies may limit the site's usefulness to you.

5. All personal information obtained by us in the ways described in clauses 1 to 4 above may be collected, kept and used by us in accordance with this Privacy Statement and the (New Zealand) Privacy Act 1993. You are entitled to access that information and request that it be corrected, at any time according to the provisions of the Privacy Act 1993.

6. We will use all information provided by you for the purpose(s) for which you provided it and any incidental purposes (such as providing confirmation of travel purchased). We will not use the information for any other purpose except those contemplated in this Privacy Statement.

7. We may also use the information held about you to:

7.1 monitor the use of this site and of the services and products offered on this site, for the purpose of improving our customer service and marketing and ensuring that this site is not abused nor used wrongfully or to abuse others;

7.2 profile the types of people accessing and using this site and the services and products offered on it;

7.3 provide you with news, reports and promotional material which we believe may be useful or of interest to you;

7.4 comply with any legal obligation requiring disclosure or use of the information;

7.5 assist any law enforcement or governmental agency in the performance of their proper functions, if we reasonably consider disclosure or use of the information to be necessary for that purpose; and

7.6 assist in the protection of our legal rights and property (including the bringing of legal action for that purpose) or defend ourselves against actual or anticipated legal action, if we reasonably consider disclosure or use of the information to be necessary for that purpose.

If you do not want to receive promotional or other material from us you can instruct us accordingly by sending us an email or a letter.

8. We will never disclose your credit card details to anyone and will only ever use them in strict accordance with your express instructions.

9. With regard to information provided to or held by others:

9.1 You acknowledge that we will need to disclose some of the information we hold about you to third parties for the purpose of arranging and providing the products and services requested by you. You accordingly agree that we may disclose your personal information to third parties as necessary to provide or enable the products or services requested by you, provided that we do not disclose more information than is necessary.

9.2 You further acknowledge and agree that we have no control over information held by third parties and we therefore can not be held responsible or liable for the privacy or use of any information about you held by any third party. This applies even where we provided the information to that third party or where you provided the information on our recommendation or after accessing the third party's website by a link from this site.

10. You can email or write to us if you do not wish your personal information to be used for any particular purpose or at all. We will do everything reasonable to comply with your request except that we shall not in any way be prohibited from using any personal information in accordance with clauses 7.4, 7.5 or 7.6. Please note also that if you prohibit us from disclosing your information to third parties but then order further products or services from us, your order will constitute an authority to disclose information in terms of clause 9.1.

11. Subject to the disclosures permitted under this Privacy Statement, we will keep all information about you confidential to the best of our ability.

12. As we can not verify the age or identity of persons accessing this site, we ask that you monitor the internet access of any minor under your care. Our policy is to never seek nor receive any personal information from minors. Should you have reason to believe that a minor (or any other person) has provided us with personal information without proper consent, please advise us accordingly so that the information may be removed from our records.

13. If the business to which this site relates is ever sold, the customer information associated with the business, including your personal information, would likely be included in the sale. You acknowledge this and consent to the disclosure and transfer of all the information held about you to any such purchaser and to that purchaser holding the information according to their own standard privacy policies. If you have placed any special restrictions upon the use of the information while it was held by us, we will communicate those to the purchaser at the time of sale.

14. We may amend this Privacy Statement from time to time. If we do, we will notify you by email (using the email address most recently notified by you) and by publishing a clear announcement on this site. Any such amended Statement will be effective immediately upon the announcement being published and you will be legally bound by the Statement as amended. However, if you do not wish your information to be used in any particular way permitted under the amended Statement, you will be able to request that of us in terms of clause 10 above.

15. If you have any questions or concerns regarding this Privacy Statement or the information held about you, please contact us using the details provided on the 'About Us' webpage.

Terms of Use of this Site

It is important that you read the terms and conditions of this website carefully.

By using this site in any way you agree to be legally bound by these Terms of Use together with our Security Statement and Privacy Statement.

Furthermore, our offer to let you purchase goods or services through this site is entirely conditional upon you also accepting our Terms of Trade and any additional conditions appearing on this site in relation to specific offers.

You should note in particular that you use this site at your own risk and our liability to you is strictly limited - see clauses 19 to 23 below.

If you do not accept all of these terms and conditions, you must immediately leave this site and not use it again.

Definitions

1. In the terms and conditions appearing on this site, unless the context requires otherwise:

1.1 'we', 'us' and 'our' refers to Newzealandholidays.com Limited, a limited liability company incorporated in New Zealand under number 1756539:

1.2 'you' and 'your' refers to each person using this site and each person whose password is used to access this site;

1.3 'site' means this website and every part of it;

1.4 'terms and conditions' includes these Terms of Use and the Privacy Statement and Security Statement appearing on this site;

1.5 'using' and 'use' in the context of this site includes (without limitation) in any way viewing, accessing, hyperlinking to, downloading from, linking from and employing the content or functionality of this site or any part of it or any content or data on this site (including the terms and conditions) and booking or purchasing goods and services using this site;

1.6 'intellectual property' includes (without limitation) all marketing information, photographs, pictures, ideas, processes, procedures, policies, publications, written works, software, supplier information, trade marks (whether registered or unregistered), logos, trade names, brand names, product names, slogans, indicia, get up, works subject to copyright (including this site and its technical design and all material on this site), technical design and programming and the domain name www.newzealandholidays.com used in or part of or presented on or in or downloadable from this site;

Terms and Conditions Binding

2. You irrevocably acknowledge and agree that by using this site you agree with and will be legally bound by all the terms and conditions appearing on the site, which shall be read together as constituting the site usage agreement between us and you.

Site Availability and Changes to Site

3. We will try to keep this site available at all times. However:

3.1 system failures or site maintenance may result in the site being temporarily unavailable from time to time;

3.2 we may update, alter, suspend or terminate this site and the content, information, and product and service offerings on this site at any time without notice; and

3.3 we may suspend or terminate the access of any person or entity to the site at any time without notice.

Your Use of this Site

4. We grant you a non-transferable, revocable and non-exclusive licence to use this site in accordance with the terms and conditions.

5. Unless we agree otherwise in writing, this licence only permits your personal, non-commercial, use of the site to research, order and correspond with us regarding the products and services offered through this site. You must not use this site for any other purpose. You must not use this site for commercial gain and must not falsely, fraudulently or without actual demand order any of the products or services available through this site.

6. Unless otherwise permitted under New Zealand law, you must not copy, reproduce, post or sell this site or any content appearing on this site. You may however print no more than five copies of materials presented on this site for your personal use.

7. You must not in any way interfere, attempt to interfere or cause or permit interference with this site or its normal operation. You must not take any action that creates an unreasonable load on our computer equipment.

8. You must not in any way (including by use of any spider, crawler or other automated device or any program having similar functionality, or manually) monitor or copy this site or any data or content found on it.

9. You must not mislead us in any way or provide any false information to us. You warrant that all information provided by you to us is true, current and complete and that you will maintain and update any data provided so as to keep it true, current and complete.

10. You must not use this site or anything appearing on it to violate any laws of any kind.

11. You must not send us anything which infringes the rights of others or which contains a virus or other harmful item or which is unlawful, indecent, threatening or offensive or which could in any way create any liability on us or could cause us to lose the services of our internet service provider or any of our suppliers or customers.

12. Any breach of the terms and conditions automatically terminates your licence to use this site.

Pricing

13. Unless stated otherwise, all prices on this site are inclusive of all taxes including GST, although we are reliant on information provided to us by various product and service providers and other third parties, so clause 20 applies in that regard.

14. All prices quoted are in New Zealand dollars.

Ownership of Intellectual Property and this Site

15. All the intellectual property is owned or licensed by us. Other than as expressly permitted under New Zealand law or authorised by us in writing, you must not in any way infringe upon, use, adapt, copy, create derivative works from or profit from any part of this site or the intellectual property.

Your Liability

16. You agree that you will indemnify us against any and all damage, loss, cost and expense incurred by us because of your use of this site or that of any other person accessing this site using your password. This includes (but is not limited to) all legal and other expenses incurred by us in:

16.1 enforcing the terms and conditions or any of our rights against you;

16.2 successfully defending or settling any action brought against us by you; or

16.3 defending, settling or satisfying any action brought or judgment obtained by a third party because of your actions.

17. Any termination, revocation, expiry or repudiation of any agreement between us shall not shall not affect any right to relief or damages to which we may be entitled.

Injunctive Relief

18. Any breach or anticipated breach of these terms and conditions will entitle us to obtain injunctive relief to restrain that breach or anticipated breach.

Limitation of Our Liability

19. We accept no responsibility for any loss, damage, cost or expense, however caused (including through negligence), which you may directly or indirectly suffer in connection with:

19.1 your use of or reliance upon this site or its content or any linked site;

19.2 any delay or failure in the functionality of this site; or

19.3 our performance or non-performance in any regard.

20. We make no warranty or representation of any kind regarding the accuracy, adequacy or completeness of any information on this site, nor do we undertake to ensure that the information on this site is accurate and up to date.

21. In respect of the goods and services advertised on this site or able to be purchased using this site, you should be aware that:

21.1 we are a sales and booking intermediary only and do not provide the products and services advertised on and sold though this site. If you choose to purchase any goods or services using this site your purchase contract will be with the supplier(s) of those goods or services, not us;

21.2 we give no warranty whatsoever as to the quality or suitability or fitness for any particular purpose (whether or not we are aware of such purpose) of any of the goods and services advertised and sold through this site and all other conditions, warranties and representations, whether expressed implied, or statutory, are hereby excluded; and

21.3 the fact that any advertisement or other information appears on this site does not mean that we approve or endorse any supplier or other party connected with that advertisement or information and we exclude any liability in that regard.

22. We shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever.

23. If we are found liable, whether in contract or in tort or otherwise, for any loss, damage or injury arising directly or indirectly from your use of this site, our liability shall be limited to no more than $NZ500.00.

Hyperlinks From this Site

24. This site may contain links to other websites not operated by us. We shall not be required to maintain or update these links.

25. The fact that we may have provided a link to any website should not be construed as any endorsement by us of that website or anything on it. We do not review the content of linked sites nor investigate their safety in any way and you use them at your own risk.

26. We may refuse or terminate links at our discretion at any time.

Hyperlinks To this Site

27. We permit you to provide hyperlinks from your website to this site, provided you observe all our terms and conditions.

28. You must:

28.1 only use active links to this site and not deep hyperlinks (which access a part of our internet domain other than our home page) or embedded hyperlinks (which make it appear that the hyperlinked material is either part of another internet location rather than this site or not part of this site);

28.2 only use our material in the form in which it is provided;

28.3 not alter, amend, distort or tamper with any of our material in any way;

28.4 not provide links to this site from any site that contains any material that might subject us to any legal action or does not conform with generally accepted standards of public decency and good taste; and

28.5 comply immediately with any demand or request by us in relation to your use of our material.

29. We are under no obligation to provide reciprocal links to any third party who provides a link to this site.

Changes to Terms and Conditions

30. We reserve the right to amend the terms and conditions at any time. Amendments will be effective immediately upon posting on this site. You acknowledge that your use of the site after that time is conditional upon your acceptance of the amended terms and conditions and agree that by continuing to use this site you will be legally bound by all the terms and conditions as amended.

No Assignment

31. You may not assign, convey, subcontract or delegate your rights, duties or obligations under the terms and conditions.

Law and Jurisdiction

32. The terms and conditions and all information presented on this site shall, unless expressly stated otherwise, be governed exclusively by the law of New Zealand.

33. You irrevocably submit to the exclusive jurisdiction of the courts of New Zealand over all matters to which the terms and conditions apply or which arise from any use of this site or of any goods or services obtained using this site.

Severability of Provisions

34. If any term or provision (the "offending provision") contained in the terms and conditions shall be declared or become unenforceable, invalid or illegal, the other provisions of the terms and conditions shall remain in full force and effect as if they had been executed without the offending provision appearing and the offending provision shall nonetheless be enforceable and binding to the fullest extent permitted by the applicable law.

No Waiver

35. Any failure by us to enforce any of the provisions contained in the terms and conditions shall not be deemed to be a waiver of any of our rights under the terms and conditions.

Entire Agreement

36. No representations, warranties, inducements or promises made by us and no other agreements whether oral or otherwise not embodied in or included by reference in the terms and conditions shall add to or vary the agreement between us or be of any force or effect.

Security Statement

1. Protecting you is of great concern to us. When you use the secure part of this site (see paragraph 11.9 below), all information sent to us from your computer is encrypted using 128-bit Secure Sockets Layer (SSL) software, provided that you are using a web browser that supports such encryption. This is a widely-used encryption system used to prevent data being viewed or interfered with during transmission. However, although this encryption system is widely relied upon, we are unable to warrant or guarantee its effectiveness and refer to clause 8 below in that regard.

2. Your personal information is stored on a secure server protected against intrusion by an electronic 'firewall'. This firewall restricts access to the server to authorised personnel.

3. We also use reputable anti-virus software to scan all incoming and outgoing emails and data. We update both our anti-virus and firewall software frequently.

4. When you first purchase goods or services from us, your order details will be used to create your personal profile on our secure server. Subsequent profile updates and purchase orders may only be made by logging on to the server under your personal profile, access to which is protected by your password. You must therefore protect your password and access information and keep it confidential. You must also immediately change your password if you ever suspect that it may have been compromised. This is very important because:

4.1 you are responsible for all activity that occurs on this site where your password is used to gain access; and

4.2 we will not be liable for any loss caused by the unauthorised use of your password.

For your assistance, we have provided a number of tips on how to help preserve the security of your personal information and password (see 'Security Tips' below).

5. We use cookies (for further explanation see our Privacy Statement) to identify your computer following your first login to the site. Cookies identify your password and your computer together, so help to (but do not entirely) prevent unauthorised access and use of your information or credit card.

6. We have internal procedures and policies requiring our employees and agents to protect your personal information and keep it confidential in accordance with the terms of our Privacy Statement.

7. Although we provide the above security measures, you must also have and use your own anti-virus and security software and practices. For your assistance, we have provided a number of tips in that regard (see 'Security Tips' below).

8. Despite the above security measures, it is unfortunately true that no data transmission over the internet and no computer firewall or security software can be guaranteed as totally secure. You acknowledge that:

8.1 you understand this; and

8.2 because of this, we do not undertake, warrant or certify the security of our computer system and this site or of any information which you transmit to us or which we hold and we similarly do not warrant that our computer system, this site or any email or other electronic communication from us to you is free of viruses or other harmful content; and

8.3 we will not be liable for any loss caused by:

8.3.1 any unauthorised access to or use of your personal information or data by a third party; or

8.3.2 any interference or damage to your computer system and software arising from your use of this site or any linked website

UNLESS that loss was caused by our failure to reasonably take the precautions and security measures described above, in which case we shall only be liable to the extent to which our failure contributed to the loss.

9. If you would prefer to give us credit card details over the telephone or by fax rather than via this website, you can telephone us or send us a fax at the number shown on the 'About Us' webpage.

10. If you have any queries about this statement or internet security, please contact us using the contact details provided on the 'About Us' webpage.

Security Tips

11. Always follow the security tips below to help ensure that your online transactions and personal information are protected:

11.1 Use a reputable Internet Service Provider (ISP);

11.2 Use anti-virus software to scan all messages and data coming in to your computer and to create a personal 'firewall' on your computer. Update your security software frequently;

11.3 Do not choose passwords that could be easily guessed. For example, do not use your name, date of birth, telephone number or address or those of any friend or relative and do not use the name of your pet in your password. The best passwords are long (around 8 characters) and comprise a random set of upper case letters, numbers, lower case letters and (if the website permits) symbols.

11.4 Never tell anyone your password or account details and do not give anyone the opportunity to discover them (for example, do not write them down or let anyone see you typing them while logging in);

11.5 Change your password regularly and do not use it for anything else;

11.6 If logging in to this site to submit personal information, always access the site by typing www.newzealandholidays.com into the address bar or using the bookmark on your internet browser (if you have saved one);

11.7 Do not save login details so that they automatically appear on future visits to this site (even if prompted to);

11.8 Never leave your computer unattended while you are logged on to this site.

11.9 If you are about to transmit confidential ordering information (especially credit card details), make sure that you are in a secure environment. This is indicated by the presence of a padlock symbol at the bottom of the browser or an 's' after the 'http' in the website address showing in the address bar;

11.10 Always log out of this site when you have finished;

11.11 If you use a computer in a public place, be particularly careful to not leave it unattended and to not let others see your passwords and other confidential data when entering them at any time. test page