GENERAL TERMS AND CONDITIONS / TERMS OF USE
Last Updated: 26th November, 2020
See and Do NZ is a New Zealand travel guide helping users to research, plan and book travel experiences throughout New Zealand.
We do not own or run the advertised products on the website and so do not provide these experiences ourselves. These are supplied by tour companies, activity providers and other tourist services "Suppliers" throughout New Zealand, so when you make a booking, you will be purchasing a tour, ticket or other service directly from the third-party supplier.
This website (including sub-sites (and sister site SeeAndDo.TV) and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the "Website" or "Platform") is provided by See and Do NZ, Kerikeri, New Zealand. You can contact us by email [email protected].
Within the scope of an intermediary service, See and Do NZ provides the visitors to the See and Do NZ Platform, Suppliers, and third-party booking partners "Affiliates" with this booking Platform. See and Do NZ is not a contract party with regards to the tourist services offered on this booking Platform.
These Terms and Conditions apply to any use of See and Do NZ services and to use of the Platform. Please read them carefully, as they contain important information concerning your legal rights and limitations on these rights. By accessing or using the See and Do NZ Platform, you are indicating that you have read these Terms and Conditions and agree to be bound by them. If you do not agree with all of these Terms and Conditions, you are not permitted to access or use the Platform.
These General Terms and Conditions are subdivided into:
- See and Do New Zealand Ltd (See and Do NZ)Terms of Use
- General Terms and Conditions of See and Do NZ
- General Terms and Conditions of the Supplier of tours and other tourist services (referred company)
- Part 1. See and Do NZ Terms of Use
Introduction
Bookings through the Platform are subject to the General Terms and Conditions of See and Do NZ as well as the General Terms and Conditions of the Supplier of tours and other tourist products and also Affiliate Terms and Conditions where an affiliate is involved in the booking process.
These terms of use, together with the Privacy Policy (collectively, the "Terms of Use") set out the terms on which See and Do NZ, (together with certain specified affiliates and subsidiaries: "See and Do NZ", "we", "us, "our") provides services (the "Services") through See and Do NZ booking platform (the "Platform") as may be made available through our website www.See and Do NZ.co.nz, together with all related domains and sister sites, affiliate sites, mobile properties and related applications, collectively referred to as the "Website") When we refer to "you", we mean any person that accesses or uses the Services.
These Terms of Use govern your relationship with us in respect of your use of the Services, including any bookings that you make of any tour, ticket, attraction, activity and/or experience (described in these Terms of Use as an "Experience") that is advertised on the Website and is made available by a third-party supplier (each, a "Product")
By using or accessing the Services, by booking a Product ("Book", "Booking"), and/or creating an account on the Website (a "See and Do NZ Account"), you agree to be bound by these Terms of Use without modification, and you represent that you have read and understood them. In all Booking arrangements, the person making the Booking shall be deemed to have accepted these Terms of Use on behalf of all the persons named in the Booking.
We may update or otherwise modify these Terms of Use at any time, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated Terms of Use. It is your responsibility to return to this page periodically to review the most current version of the Terms of Use. We will note the date that updates were last made to the Terms of Use at the top of this page, and the updated Terms of Use will take effect upon posting.
Use of the Services
1. As a condition of your use of the Services, you represent and warrant that (i) all information supplied by you in the course of your use of the Services is true, accurate, current and complete.
2. Your use of the Services is permitted by See and Do NZ only for personal, non-commercial use and/or to make legitimate requests to make a Booking of the Products offered. You agree not to use this Services to make any speculative, false or fraudulent requests or Bookings.
3. You further represent and warrant that you (a) are 18 years of age or older and have full power and authority to enter into this legally binding agreement; (b) will not create more than one See and Do NZ Account; (c) are not currently suspended and have not previously been banned by See and Do NZ from using the Services; (d) are not acting on behalf of a competitor of See and Do NZ.
4. We retain the right at our sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of these Terms of Use.
Creating a customer account
1. You may need to create a See and Do NZ Account and provide information about yourself in order to use some of the features on the Website and other Services. You are responsible for maintaining the confidentiality of your See and Do NZ Account password and log-in credentials ("See and Do NZ Account Credentials"). You are also solely responsible for all activities (including Bookings) that occur in connection with your See and Do NZ Account. You agree to notify us immediately of any unauthorized use of your See and Do NZ Account.
2. Your See and Do NZ Account is for your personal use only. You may not impersonate someone else, create a See and Do NZ Account for any person other than yourself, provide an e-mail address or other personal details other than your own, or create multiple See and Do NZ Accounts.
3. We may terminate or suspend access to your See and Do NZ Account or your ability to use the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your See and Do NZ Account or ability to use the Services if you misuse the Website. Any such termination or suspension could prevent you from accessing and using your See and Do NZ Account, the Website, User Content including but not limited to your Rewards and Itinerary, Website, and/or any other related information.
4. You may terminate your See and Do NZ Account at any time by contacting us to request that we close your See and Do NZ Account, and by discontinuing your use of any and all parts of the Services. If you close your See and Do NZ Account, we may continue to display your previously published User Content and are under no obligation to remove any of your User Content. By closing your See and Do NZ Account you lose any rewards you may have collected and we have no obligation to you for any use of, or collection of rewards as they are lost and deleted at account closure.
5. As a user of the services, you understand and agree that: (1) neither See and Do NZ nor its Affiliates will have any liability to you or others for any unauthorized bookings made using your See and Do NZ account and/or See and Do NZ account credentials; and (2) the unauthorized use of your See and Do NZ account and/or See and Do NZ account credentials could cause you to incur liability to both See and Do NZ and other users.
No offer
The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the See and Do NZ Platform and the supplier's acceptance of the booking request according to the General Terms and Conditions of See and Do NZ.
No warranty
While See and Do NZ tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including any information provided by third parties). See and Do NZ may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. See and Do NZ may also block Users from accessing the Website or parts of it or may require certain conditions to be fulfilled for such access. See and Do NZ does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, See and Do NZ does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
Limitation of liability
See and Do NZ excludes its liability, and that of its agents, Affiliates and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused wilfully or through gross negligence, and only to the extent permitted by applicable law.
Third party content, links to other websites
See and Do NZ does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. See and Do NZ does not recommend or endorse such content and will not have any liability relating to it. Where See and Do NZ links to third-party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to [email protected].
See and Do NZ Video Button Links
1. As part of the Platform, See and Do NZ provides free video button links ("Video Links") provided as embeddable buttons for websites to act as links to the See and Do NZ Website area videos and pages on the Platform.
2. See and Do NZ hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide right to use the Video Links the so long as they are used to promote New Zealand or the See and Do NZ Website in a positive way for tourism and promotion of each area represented by each Video Link.
3. Using or embedding these Video Links does not affiliate you in any way with See and Do NZ, they are merely links to the Website for other Tourism operators or websites who are wanting to promote New Zealand by linking to these area scenic videos and corresponding pages to help promote these areas through the See and Do NZ Website and so the Platform. The buttons are free to embed and it is free to use as many Video Links on any tourism related, community based, real estate or other public or private website who would benefit from promoting the related areas as wanted.
4. All Video Links and corresponding videos on the See and Do NZ website are owned by and are the property of See and Do NZ and all videos are not to be downloaded and used in anyway other than by being linked to by the Video Links provided. You indemnify See and Do NZ against all claims, costs, damage and loss arising from the use of these Video Links, they are to be used and embedded at your own cost, and See and Do NZ does not warrant that the use of the Service will be uninterrupted or error free.
Intellectual property rights
The See and Do NZ Platform (including, but not limited to all content and information on the SeeandDo.co.nz Website, the Seeanddo.TV website and all other parts of the Platform including all messages including emails, data, information, text, video, music, sound, illustrations, photographs, graphics, maps, icons, layout, designs, source code, code software, or other material collectively described herein as the "Website Content") is our intellectual property and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website or any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website.
You may access and view the Website, but not incorporate it into other websites, other than with the Video Links provided and under the conditions stated in section 5 above, and you may not modify, copy, present, license, publish, download, upload, distribute, transmit, display, perform, reproduce, create derivative works from, transfer, send or make it perceptible in any other way, "frame" or "mirror" any part of the website into another website, or sell or re-sell any Website Content, or any products or services obtained from or through the Website without written consent of See and Do NZ.
Website Prohibited Activities
You agree that you will not and will not assist or enable others to:
1. Use the Platform or any Website Content for any unlawful purpose.
2. Use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews.
3. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any Software or access or monitor or copy any Website Content using any robot, spider, scraper or other automated or manual process.
4. Use the Website to violate any third-party rights, including intellectual property or copyright.
5. Attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means.
6. Use any device or software that interferes with the proper working of the Website or disrupt or interfere with the security of, or otherwise cause harm to, the Website or remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, or features that enforce limitations on the use of the Website.
Electronic Communications
When you use the See and Do NZ Website, or send e-mails, and other communications to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website. You may unsubscribe from marketing-related e-mails, however we may continue to send you non-marketing messages, such as messages related to any upcoming Bookings.
Amendments to the Terms of Use
See and Do NZ may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. See and Do NZ expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.
Applicable law and jurisdiction
This Contract shall be governed by and construed in accordance with the provisions of New Zealand Law. The place of performance and exclusive legal venue for any disputes arising from or in connection with the performed services shall be Auckland, New Zealand.
Products and Booking Reservations
See and Do NZ provides the Platform through which you can enter into a contract with a third-party supplier of a Product ("Supplier"). See and Do NZ is not a supplier of any Product, and your contract for supply of any Product you Book will be directly between you and the applicable Supplier. In respect of each Booking, See and Do NZ acts as an agent for the Supplier, meaning that a Product listing represents an invitation to you to make an offer to a Supplier. The Supplier is free to accept or reject such offer, or we are on behalf of that Supplier.
These Terms of Use govern your use of the Services, which includes your use of the Platform through which you may make such an offer to a Supplier. However, the provision of the Product you Book will be subject also to the General Terms and Conditions of See and Do NZ, and any additional information made available to you during the Booking process as the conditions of the Supplier with whom you have a legal contract for the supply of the Product.
Our Liability
1. Please read this section carefully. This section limits See and Do NZ liability to you for issues that may arise in connection with your use of the services. If you do not understand the terms in this section or elsewhere in these terms of use, please consult a lawyer for clarification before accessing or using the services.
2. The information, content, software, platform, and services provided by See and Do NZ may include inaccuracies or errors, including in relation to reservation availability and pricing errors. See and Do NZ, its parent and sister companies, subsidiaries and corporate Affiliates (collectively, the "See and Do NZ group companies") do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the products and other services (including, without limitation, the pricing, availability, photographs, features, videos, inclusions and exclusions, general product descriptions, reviews and ratings, etc.). In addition, See and Do NZ expressly reserves the right to correct any availability and pricing errors and/or on bookings made under an incorrect price.
3. The See and Do NZ group companies make no representations about the suitability of the information, content, software, platform, products, and other services for any purpose, and the inclusion or offering of any products or services does not constitute any endorsement or recommendation of such products or services by the See and Do NZ group companies. All such information, content, software, platform, products, and services are provided "as is" without warranty of any kind. The See and Do NZ group companies disclaim all warranties and conditions that the platform is free of viruses or other harmful components. See and Do NZ hereby disclaims all warranties and conditions with regard to this information, content, software, platform, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, to the extent permitted by law.
4. The suppliers are independent contractors and not agents or employees of any of the See and Do NZ group companies. The See and Do NZ group companies are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence or misconduct of any such suppliers or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or use of a product. The See and Do NZ group companies have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, pandemic related issues, or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
5. In no event shall the See and Do NZ group companies (or any of their officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, exemplary or consequential damages (including without limitation loss of data or information or costs to procure substitute goods or services) arising out of, or in any way connected with, a product or a booking, or your access to, display of or use of the services whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if See and Do NZ has been advised of the possibility of such damages.
6. If any See and Do NZ Group Company is found liable for any loss or damage that arises out of or is in any way connected with your use of the Services or with a Booking or use of a Product, then the See and Do NZ Group Companies' liabilities will in no event exceed, in the aggregate, the greater of (a) the sum paid to See and Do NZ in respect of the Booking giving rise to the claim, or (b) one hundred dollars (NZ $100.00).
7. The limitation of liability set forth in this Section reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the See and Do NZ Group Companies.
13. Your Liability
You agree to defend and indemnify See and Do NZ and the See and Do NZ Group Companies and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
1. your breach of these Terms of Use or the documents referenced herein;
2. your use of the Services (including the Website);
3. your violation of any law, rule, regulation or guideline;
4. your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;
5. your Booking or use of any Product; or
6. your negligence or wilful misconduct.
General Provisions
1. You agree that no joint venture, agency, partnership, or employment relationship exists between you and any of the See and Do NZ Group Companies as a result of these Terms of Use or use of the Services.
2. See and Do NZ performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use limits See and Do NZ right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by See and Do NZ with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
3. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms of Use shall continue in effect.
4. These Terms of Use (and any other terms and conditions referenced herein) constitute the entire agreement between you and See and Do NZ with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and See and Do NZ with respect to the Services. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
5. Any rights not expressly granted herein are reserved.
-
Part 2. General Terms and Conditions of See and Do NZ
Introduction
See and Do New Zealand, Kerikeri, New Zealand, runs an intermediary Platform for tourist offers in the form of an online offer via the internet and apps (the "See and Do NZ Platform"). On the See and Do NZ Platform users have the chance to find and book tours, activities and experiences all over New Zealand. There are also many referrals to free tourism experiences. The offers are placed online by a range of local Suppliers around New Zealand ("Suppliers") with whom the respective contract for tourist services is concluded ("service agreement"). The Suppliers' services can be accessed via the See and Do NZ Platform and bookings can be made.
The provision of the Product you Book will be subject to the General Terms and Conditions of See and Do NZ displayed here on the Website in respect of such Product, any information made available to you during the Booking process, and any additional Terms and Conditions of the Supplier with whom you have a legal contract for the supply of the Product.
If you make a Booking, you agree to review and be bound by the applicable Supplier's terms and conditions and any other rules or policies related to the Product (the "Supplier Terms"). Notwithstanding the foregoing, to the extent that the Supplier Terms conflict with these Terms of Use and General Terms and Conditions of See and Do NZ in respect of your legal relationship with See and Do NZ, these Terms shall prevail. Your interactions with Suppliers are at your own risk. See and Do NZ will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Supplier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any Supplier.
Application of Part 2 of these General Terms and Conditions
These General Terms and Conditions apply to any use of the See and Do NZ Platform, such as via the internet and apps. The contractual relationship between the user and See and Do NZ generally only comprises the proper referral of users to the respective Supplier, or the transfer of data via users who are provided by a sub-agent or Affiliate. See and Do NZ does not appear itself as the organiser, lessor, seller or other contract partner with regards to the tourist service agreement with the user. Consequently, part 2 of the General Terms and Conditions of See and Do NZ shall apply to offers on the See and Do NZ Platform and the provision of users to the Supplier. The contractual conditions of the Supplier, as per part 3 of these General Terms and Conditions, apply to the respective tourist service agreement between the user and the Supplier.
See and Do NZ is not a travel agency and does not provide or own any Experiences. Although See and Do NZ provides the Website with information about Products and facilitates Bookings, such actions do not in any way constitute See and Do NZ sponsorship or approval of such Suppliers, or any affiliation between See and Do NZ and any Supplier. Although See and Do NZ Members may rate and review particular Products based on their own experiences, See and Do NZ does not endorse or recommend any Products. You agree that See and Do NZ is not responsible for the accuracy or completeness of information it obtains from Suppliers and/or that is displayed on the Website.
By making a Booking, you warrant that you are at least 18 years of age, that you possess the legal authority to enter into both this binding agreement and a binding agreement with the Supplier, to use the Services, to purchase the Product, and that all information you supply is true and accurate. You further agree that you will use the Platform to make only legitimate Bookings for you and/or others for whom you are legally authorized to act.
Registration
1. The use of See and Do NZ Platform's offer can generally be done anonymously.
2. Certain types of use of See and Do NZ Platform, such as the use of online platform for online access to bookings, checking on booking status, the Rewards System and the online itinerary feature require registration to create a user account. During registration, the user sends an electronic registration form and consents to the General Terms and Conditions. The registration with See and Do NZ is only concluded once a confirmation is sent to the e-mail address specified by the user. The user has to keep the password he/she sets secret and take suitable precautions to prevent third parties becoming aware of it.
3. If you do not register to create a user account on the See and Do NZ Platform and make a booking you are still bound by the Terms and Conditions through using the platform and making a booking.
4. The creation of more than one user account for the same Individual or legal entity is not permitted. The user account cannot be transferred.
Conclusion of contract and Ticketing
1. Once the user has entered his/her desired service on the See and Do NZ Platform (e.g. travel destination or type of tour), See and Do NZ shall show the user the information about the Suppliers' services ("service information "). Based on this information, the user can, where applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Supplier, whereby the sub-intermediates act on behalf of the referred user. This happens, after the selection by clicking on the button "confirm and book".
2. You will receive a See and Do NZ-branded ticket ("Ticket") for each booking you complete and also a link to the online ticket in your See and Do NZ account via email. In order to access your Ticket online, you will need to log in to your account, or create an account with See and Do NZ where you can 'claim' your account with the email used to purchase your ticket.
3. The ticket will be issued and will either be Pending or Confirmed. The status of the booking is available in the Users online account. The User will be notified if the booking is not successful within 48 Hours.
4. The user is bound to his/her binding offer for two working days (forty-eight hours) by which time the Supplier will have accepted the offer or the User will be either contacted or the booking cancelled. The Supplier will contact the User to negotiate a different date/time if the booking is unavailable at the time requested and the ticket is either confirmed, or cancelled. If the ticket is cancelled within this first 48 hours by the Supplier the User will be issued a full refund including the credit card transaction fee.
5. See and Do NZ issues a ticket to the user with the main details from the Supplier that is required for the successful completion of the contractual relationship between the user and the Supplier. Further details with requirements about the booking are available on the Suppliers page on the Platform to be read before booking and again at any time. The Suppliers contact details are on the ticket and can be contacted with any questions before the booking. The user is responsible for meeting and complying with these conditions. The Supplier reserves the right to not allow the user to undertake an action, or to exclude it, if they do not meet the conditions. In this case the paid price shall not be refunded.
6. The See and Do NZ ticket issued in the name of and on behalf of the Supplier is the booking confirmation as well as the payment confirmation and GST invoice and receipt showing the Suppliers details and GST number.
7. The use of the See and Do NZ Platform itself is essentially free of charge for the user. The costs for the technical access to the See and Do NZ Platform (e.g. internet access) and in the case of making a booking, the credit card transaction fee incurred during the booking process are to be borne by the user. See and Do NZ is permitted to collect the invoiced amounts in the name of, and behalf of the Supplier.
8. See and Do NZ assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties, which See and Do NZ cannot check in detail.
Postponements and Cancellations
1. Occasionally a Supplier may make a change to a Product after your purchase, including but not limited to the date, price, inclusions, coverage, age requirements, and/or any other Product features and/or requirements. As a result, See and Do NZ reserves the right to cancel, change or substitute any Product that you have purchased, at any time, for any reason. If the change proposed by the Supplier is material (for example, a change in dates and/or a significant change to the itinerary), and you are dissatisfied with the alternative that is offered, you will be entitled to a full refund of the original product purchase price less the credit card transaction fee which is at the cost of the User at time of purchase.
2. The credit card transaction fee is not refundable after the first 48 hours and the initial transaction has been accepted by the Supplier.
3. Once a Product has been purchased, your Booking cannot be changed by you or cancelled with a refund, unless it is within the stated terms and conditions applicable to that Product.
4. In all circumstances, you must check the cancellation policy contained in the applicable Product listing at the time of your Booking, which is the policy that will apply to and govern the terms of your cancellation and any refunds.
5. The User contacts the Supplier directly for any cancellations or postponements they may require. See and Do NZ will facilitate the re-issue of the ticket with changes of date/time if any postponements are necessary, and cancellation with refund of the original product purchase price less the credit card transaction fee if the user and supplier come to that agreement. This is done by the Supplier from the Suppliers See and Do NZ account upon negotiation between the User and the Supplier, not by See and Do NZ. See and Do NZ will mediate any disputes, but is not the contracted supplier able to change and confirm the ticket times or confirm the Cancellation.
6. We may decide, in our sole discretion, that it is necessary or desirable for the protection of our interests, the Supplier's interests and/or your interests, to withdraw our Services resulting in an override of the Product's cancellation policy and the effective cancellation of a Booking. We may also determine, in our sole discretion, to arrange refund to you part or all of the amounts charged to you less the transaction fee. You agree that we and the applicable Supplier shall have no liability for such cancellations or refunds.
Payments on See and Do NZ
1. The service agreement concluded between the User and the Supplier dictates the fees to be paid by the user for the services of the Supplier.
2. When you make a Booking, See and Do NZ, as the payment collection agent of the Supplier, collects your payment information and processes your payment. Full payment by credit card is required to make a Booking and the credit card transaction fee is added to the booking fee at the Users cost.
3. The value of your Booking may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or payment card company may convert the payment into the local currency and may charge fees, resulting in differences between the amount displayed through the Platform, and the final amount charged to you. See and Do NZ recommends that you contact your bank or card company if you have any questions concerning any applicable currency conversion or fees.
4. The contract is between the Supplier and the User. The contact in connection with the service agreement and its payment, is the respective Supplier. The user can only assert the repayment of a payment to the respective Supplier. A refund granted by the Supplier can also be processed by the Supplier via See and Do NZ.
Pricing
1. All prices on See and Do NZ are quoted per person and include GST and all other taxes. Local taxes may be charged on site.
2. These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation policy and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.
Duties and obligations of the user
1. The user shall keep the registration data (user login and password) secret and not allow third parties access to See and Do NZ Portal using his/her registration data. The user shall be accountable for all use of his/her user account on See and Do NZ Portal.
2. After receiving the service information, the user can send any booking orders to See and Do NZ for forwarding to the Supplier.
3. The user shall exempt See and Do NZ from third-party claims based on his/her use of the See and Do NZ Platform.
Availability and warranty
1. There is no claim for availability, quality or service features, or technical support for the See and Do NZ Platform. See and Do NZ can redesign, reduce or suspend their online portal or any part of the Platform See and Do NZ at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.
2. See and Do NZ makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).
3. See and Do NZ makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.
4. Provided See and Do NZ does not have any obligation to the user, See and Do NZ also provides no guarantee.
10. Liability of See and Do NZ
1. See and Do NZ is not liable for the realization of corresponding agreements with Suppliers in line with the booking request of the user.
2. See and Do NZ is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the travel service provided, concerning the services provided.
3. As a user of the services, you understand and agree that: (1) neither See and Do NZ nor its Affiliates will have any liability to you or others for any unauthorized bookings made using your See and Do NZ account and/or See and Do NZ account credentials; and (2) the unauthorized use of your See and Do NZ account and/or See and Do NZ account credentials could cause you to incur liability to both See and Do NZ and other users.
Termination
1. We may terminate or suspend access to your See and Do NZ Account or your ability to use the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your See and Do NZ Account or ability to use the Services if you misuse the Website. Any such termination or suspension could prevent you from accessing your See and Do NZ Account, the Website, User Content, Website Content and/or any other related information such as your Customer Itinerary and Rewards page.
2. In the case of full termination of your account, any rewards earned will be voided.
3. You may terminate your See and Do NZ Account at any time by contacting us to request that we close your See and Do NZ Account, and by discontinuing your use of any and all parts of the Services. If you close your See and Do NZ Account, we may continue to display your previously published User Content and are under no obligation to remove any of your User Content.
4. Claims which have arisen before this is done, remain unaffected. The right to cancel any bookings remains unaffected.
See and Do NZ Platform and User Content
1. Users have the opportunity to have personal influence on the content of See and Do NZ Platform by writing travel reports in the form of evaluations or uploading pictures ("user content"). Users are fully responsible for the user content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, the users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does See and Do NZ make user content its own, it merely provides a Platform.
2. See and Do NZ can use the user content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work. By submitting User Content, you grant See and Do NZ and its affiliates a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such User Content. You acknowledge that See and Do NZ may choose to provide attribution of your User Content at our discretion and you acknowledge and agree that User Content is non-confidential and non-proprietary.
3. See and Do NZ can remove or report user content where necessary and at its own discretion. For example, See and Do NZ can remove user content if it violates the See and Do NZ principles for content, in the opinion of See and Do NZ. See and Do NZ is not obliged to store copies of user content or provide copies thereof. See and Do NZ does not guarantee the confidentiality of user content.
4. See and Do NZ and its distribution partners or sub-agents can display adverts and other information together or next to the user content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The user does not need to be especially notified of this.
5. You alone are responsible for the User Content you submit. You assume all risks associated with such User Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in such User Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, such User Content as described herein. You may not imply that such User Content is in any way sponsored or endorsed by See and Do NZ.
6. See and Do NZ takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is See and Do NZ liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
7. You fully indemnify See and Do NZ and its distribution partner or sub-agents from all third-party claims (incl. reasonable costs for legal prosecution and defence) at first request, which these third parties assert against See and Do NZ concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on See and Do NZ Platform. This does not apply if See and Do NZ is responsible for the legal violation. In the event of recourse by third parties, users have to immediately, truthfully and completely provide See and Do NZ with all the information necessary to verify the claims and defend them.
Data protection
1. See and Do NZ collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for See and Do NZ between the user and See and Do NZ.
2. If See and Do NZ is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.
Changes to these General Terms and Conditions
1. See and Do NZ reserves the right to change these General Terms and Conditions at any time and without stating the reasons at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. See and Do NZ expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.
Other provisions
1. These General Terms and Conditions / Terms of Use represent the whole agreement between See and Do NZ and the user. No additional agreements exist.
2. This Contract shall be governed by and construed in accordance with the provisions of New Zealand Law. The place of performance and exclusive legal venue for any disputes arising from or in connection with the performed services shall be Auckland, New Zealand.
-
Part 3. General Terms and Conditions of Suppliers of tours and other tourist services
Introduction
Part 3 of these General Terms and Conditions applies to all contracts concluded between Suppliers of tours and tourist services and users via the See and Do NZ Platform. This also applies if access to the See and Do NZ Platform is provided via a co-operating partner (Affiliate, sub-agent, distribution partner).
Truthful details
The details transferred via the See and Do NZ Platform must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude users from participating in the service and to demand compensation amounting to the cancellation costs and other tourist services, if defective details are provided by the user.
Arrival at meeting point and compliance with conditions
You are responsible for arriving on time at the notified meeting point. You are responsible for having the necessary or required certification or travel documents (for example your dive certification for scuba diving activities if required, passport for ID etc.), and for observing all health regulations etc.
Additional terms and conditions
If Supplier includes in addition to these General Terms and Conditions of Supplier of tours and other tourist services, other additional terms in the contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.
Binding nature of the request
The contract between you or the user you have referred, and the Supplier comes into effect upon the acceptance of your binding request by the Supplier. When you book a tour or another activity, you make the Supplier a binding offer which you, or the user you have referred, are bound to for two days (forty-eight hours). If the Supplier accepts your offer within this period of time, the contract comes into binding effect.
Payment
The agreed total price for the service we have provided in addition to the credit card transaction fee is due upon the conclusion of the contract.
Notes on the right of revocation
The Supplier points out that contracts for tourism services which are concluded as remote selling (i.e. via the See and Do NZ Platform) do not have a right of revocation, but merely the legal rights to withdraw and cancel the contract.
Self-responsibility for insurance
The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.
Unpaid services
If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, due to cancellation of credit card payment or any reason, although the Supplier is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Supplier is permitted to withdraw from the contract and charge you, or the user you have referred, for the withdrawal costs.
Exchange of messages
Once you have made a booking, all correspondence for the booking is between you, or the user you have referred and the Supplier whose details are on the booking confirmation ticket. You contact the Supplier directly or the Supplier contacts you directly if there are any questions, problems or requests for postponement or cancellation of bookings.
Cancellation guidelines
1. If you reject (cancel) the activity, the cancellation conditions stated in the product description as well as on your booking confirmation ticket apply. See and Do NZ advises the user to carefully read the information in the product description concerning the Suppliers Cancellation Policy.
2. Provided there are no deviating cancellation conditions in the product description of your Supplier, the following cancellation fees will be charged by the Supplier of the tourist services:
a. Either 24 hours, 48 hours or 7 days (depending on the suppliers chosen policy) before the start of the activity: full refund
b. Less than 24 hours, 48 hours or 7 days (depending on the suppliers chosen policy) before the start of the activity or in the event of a no-show: no refund3. The refund is done using the same payment method. In the event of credit cards the amount shall be credited back to the same credit card. The exact time of the refund depends on the user's credit card agreement and the bank concerned.
4. If you make a Booking using a Reward Promotion code, or if you accept a discount or special-offer price during the check-out process, you may invalidate your discount or special-offer price by making a Change Request after Booking.
5. No refunds are available once an Experience has commenced, or in respect of any Product's package, accommodation, meals or any other services that have started to be utilized.
Extraordinary cancellation
The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded less the credit card transaction fee.
Exclusion of participation
The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.
Changes to the program
Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.
Further conditions
Further conditions or deviating conditions can be found in the respective tenders.
Time zone
For calculations of the time and deadlines, the time zone of the Supplier in New Zealand is what is used.
Liability of the Supplier of the tour or the tourism service
The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.
These Terms and Conditions of the Supplier of tours and other tourist services of Part 3 can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.