These Terms & Conditions apply to travel planning, coordination, booking and related services provided by 41 SOUTH LIMITED (NZBN 9429053180537) ("41 South", "we", "us" or "our").

The person or entity purchasing or participating in a journey is referred to as the "Client", "you" or "your".

By approving a quotation, paying a deposit or invoice, signing a travel agreement, or otherwise confirming a booking with 41 South, you agree to these Terms & Conditions together with the specific terms contained in your confirmed quotation, itinerary and booking documentation.

Where a third-party supplier provides a service, that service may also be subject to the supplier's own terms and conditions.

Nothing in these Terms & Conditions excludes, restricts or modifies any right, remedy, guarantee, obligation or liability that cannot lawfully be excluded, restricted or modified under New Zealand law.

1. SERVICES

41 South provides bespoke travel planning, trip design, coordination, booking and related travel services throughout New Zealand.

Depending on the journey, our services may include:

• Custom itinerary design

• Accommodation bookings

• Activity and experience bookings

• Transport arrangements

• Guiding where expressly provided by 41 South

• Supplier liaison and coordination

• Pre-departure information and documentation

• Self-led travel itineraries

• Other travel-related services agreed with the Client

The services included in your journey will be set out in your confirmed quotation, itinerary or booking documentation.

Many services included in a 41 South itinerary are provided by independent third-party suppliers. These may include accommodation providers, aviation operators, rafting and adventure operators, surf operators, transport providers, guides and other specialist suppliers.

Unless expressly stated otherwise, 41 South does not operate or directly provide these third-party services.

2. BOOKINGS AND ACCEPTANCE

A booking becomes confirmed when:

1. the Client has accepted the applicable quotation or booking proposal; and

2. the required deposit or payment has been received by 41 South.

A quotation is not a confirmed booking until the required payment has been received.

Payment of a deposit or invoice, written confirmation to proceed, or signature of a 41 South travel agreement constitutes acceptance of these Terms & Conditions and the applicable quotation and itinerary.

Quotations are valid only for the period stated on the quotation. Prices, availability and supplier terms may change after the quotation expiry date.

3. PRICING, GST AND CURRENCY

All prices are quoted in New Zealand Dollars (NZD).

The quotation or invoice will clearly state whether GST is included or excluded.

Where GST is applicable, it will be charged at the applicable New Zealand rate.

Unless expressly included in the confirmed itinerary or quotation, the Client is responsible for incidental costs including meals, beverages, personal purchases, additional transport, travel insurance, insurance excesses, visas, baggage charges and other personal expenses.

41 South may provide a packaged price for a journey rather than itemising every underlying supplier cost.

The quoted price may include planning fees, service fees, coordination fees, management margins or supplier mark-ups.

41 South is not required to disclose its underlying supplier costs, margins or mark-ups unless expressly agreed in writing.

4. PAYMENT TERMS

Unless otherwise stated in your quotation or invoice:

• Invoices are payable within 7 days

• An 80% deposit is required to confirm the booking and secure accommodation, activities and third-party services

• The remaining 20% balance is due no later than 30 days prior to travel, or earlier where required by a supplier

Different payment arrangements may apply where required by the nature or timing of the journey or by a third-party supplier.

Bookings and supplier services are not confirmed until the required payment has been received.

If payment is not received by the required date, 41 South may cancel or release the relevant bookings.

The Client remains responsible for any non-refundable, committed or other amounts properly payable under the applicable supplier terms and these Terms & Conditions.

5. INTERNATIONAL PAYMENTS

All payments must be received by 41 South in the full invoiced amount in NZD.

For international payments, the Client is responsible for:

• Currency conversion costs

• International transfer fees

• Intermediary bank fees

• Receiving bank fees

• Other transaction charges

If exchange-rate movements or transaction fees result in 41 South receiving less than the invoiced amount, the Client remains responsible for the outstanding balance.

6. THIRD-PARTY SERVICES AND ADVENTURE ACTIVITIES

41 South arranges and coordinates a range of services provided by independent third-party suppliers.

These may include, without limitation:

• White-water rafting

• Surfing

• Kayaking

• Hiking and specialist trekking

• Helicopter and other aviation services

• Mountain biking

• Boating

• Vehicle hire and transport

• Accommodation

• Other adventure activities and travel services

Unless expressly stated otherwise in the confirmed itinerary, these services are provided by independent third-party operators and are not operated or delivered by 41 South.

The relevant third-party operator is responsible for the operation and delivery of its services, including its applicable safety systems, staff, equipment, insurance, licences, registrations and regulatory requirements.

Participation in a third-party activity is subject to the operator's own terms and conditions, safety requirements, participation requirements, cancellation policies and waiver or release documentation.

The Client may be required to complete a waiver, release, medical declaration, participation agreement or other documentation directly with the relevant third-party operator before participating.

Where the Client participates in a third-party activity, the Client agrees to comply with the operator's instructions and requirements.

41 South will use reasonable care in selecting and coordinating third-party suppliers but does not control the day-to-day operation of independent suppliers.

Where a problem arises with a third-party service, 41 South will, where reasonably practicable, assist the Client in communicating with the relevant supplier and seeking an appropriate resolution.

Nothing in these Terms & Conditions limits any rights or remedies the Client may have against 41 South or a third-party supplier under applicable New Zealand law.

7. THIRD-PARTY COSTS AND CLIENT FUNDS

41 South may collect payment from the Client and use those funds to pay or secure third-party services included in the Client's itinerary.

41 South is not required to personally fund third-party supplier costs on behalf of the Client.

Once funds have been paid to or committed with a third-party supplier, the relevant amount may become subject to that supplier's cancellation, amendment and refund conditions.

41 South does not operate a trust account unless expressly agreed in writing.

8. CANCELLATIONS BY THE CLIENT

Cancellation must be provided to 41 South in writing.

The financial consequences of cancellation depend on:

• The date of cancellation

• The supplier's cancellation terms

• Whether supplier payments have already been committed or paid

• Whether those amounts are refundable

• Planning, administration or service work already completed

• Other costs reasonably incurred by 41 South in connection with the booking

Where a Client cancels:

• Non-refundable or committed supplier costs may be retained

• Refundable supplier amounts will be returned once received by 41 South

• Supplier cancellation or amendment fees may apply

• Fare or price differences may apply to changed arrangements

• Planning, administration or service fees already incurred may be retained where applicable

Any refund will be calculated according to the amounts actually recoverable from relevant suppliers and the applicable terms of the booking, subject always to any rights the Client has under New Zealand law.

9. CHANGES REQUESTED BY THE CLIENT

Requests to change a confirmed itinerary may result in additional costs.

These may include:

• Supplier amendment fees

• Cancellation charges

• Fare or rate differences

• Accommodation changes

• Transport changes

• Additional planning or administration fees

• Other costs reasonably incurred in making the requested change

41 South will advise the Client of known additional costs where reasonably practicable before confirming the change.

10. CANCELLATION OR CHANGE BY A SUPPLIER

Third-party suppliers may cancel, postpone or change a service due to weather, safety, operational requirements, availability, mechanical issues, staffing, road conditions, river levels, aviation conditions or other circumstances.

Where this occurs, 41 South will make reasonable efforts to:

• Contact the relevant supplier

• Identify an alternative arrangement where reasonably available

• Reschedule the service where possible

• Obtain any refund or credit available under the supplier's terms

Any refund, credit or replacement relating to a third-party service remains subject to the supplier's applicable terms.

41 South is not responsible for a supplier's failure to provide a service except to the extent that responsibility cannot lawfully be excluded.

11. ITINERARY CHANGES

41 South may reasonably modify an itinerary before or during travel where required by:

• Weather

• Swell

• River levels

• Road or trail conditions

• Aviation conditions

• Safety considerations

• Supplier availability

• Operational requirements

• Environmental conditions

• Government restrictions

• Other circumstances outside our reasonable control

Safety takes priority over completing a planned activity or maintaining a particular itinerary.

Where reasonably practicable, 41 South will seek an appropriate alternative.

A change made because of safety considerations, weather or circumstances outside 41 South's reasonable control does not automatically create a right to a refund.

12. SELF-LED TRAVEL

Where an itinerary is self-led, the Client is responsible for their own:

• Driving

• Navigation

• Timing

• Route selection

• Personal safety

• Decision-making

• Compliance with New Zealand laws and regulations

The Client must comply with road rules, track closures, warnings, weather information, land-access requirements and instructions issued by relevant authorities or operators.

Information and recommendations provided by 41 South are based on information reasonably available when provided. Conditions can change after that information is provided.

13. CLIENT RESPONSIBILITIES

The Client is responsible for:

• Providing accurate booking and personal information

• Checking all names, dates and booking details

• Holding valid passports, visas, permits and licences where required

• Obtaining appropriate travel insurance

• Arriving on time for scheduled departures and activities

• Following reasonable instructions from 41 South, guides and suppliers

• Complying with supplier rules and safety requirements

• Behaving appropriately towards staff, guides, suppliers and other participants

• Informing 41 South of any medical condition, injury, allergy, disability or other circumstance that may reasonably affect safe participation

The Client must not participate in an activity while intoxicated or under the influence of any substance that may impair their ability to participate safely.

14. MEDICAL AND FITNESS REQUIREMENTS

Some journeys involve physically demanding activities or travel through remote environments.

The Client is responsible for determining whether they are physically capable of participating.

Where reasonably relevant to safety, the Client must disclose medical conditions, injuries, allergies, medications, disabilities or other circumstances that may affect participation.

Where appropriate, the Client should obtain medical advice before participating.

41 South or a third-party operator may refuse participation where there are reasonable safety concerns regarding a Client's health, fitness, behaviour, intoxication or ability to safely participate.

Where a Client is unable to participate because of a medical or fitness issue, any refund or alternative arrangement remains subject to the applicable booking and supplier terms.

15. THIRD-PARTY ADVENTURE ACTIVITY REQUIREMENTS

Where an itinerary includes an adventure activity provided by a third-party operator, the Client acknowledges that:

• The activity is provided by the relevant third-party operator

• The operator's own safety procedures and participation requirements apply

• The Client may be required to complete the operator's waiver, release or medical declaration

• The operator may assess whether the Client is suitable to participate

• The operator may modify, postpone or cancel the activity where conditions are unsuitable or safety requires it

• The operator's cancellation, amendment and refund terms may apply

41 South does not override or replace the safety requirements, operating procedures or participation decisions of the relevant third-party operator.

Where a third-party operator determines that an activity cannot safely proceed, 41 South will make reasonable efforts to assist with an alternative arrangement, rescheduling or any refund or credit available under the operator's terms.

16. ADVENTURE ACTIVITIES AND ASSUMPTION OF RISK

Adventure travel involves inherent risks that cannot be completely eliminated.

Depending on the itinerary, activities may include:

• Rafting

• Kayaking

• Surfing

• Hiking

• Mountain biking

• Boating

• Four-wheel driving

• Helicopter travel

• Water activities

• Remote camping

• Travel through natural or remote environments

Risks may include changing weather, flooding, river conditions, surf conditions, falls, collisions, equipment failure, vehicle accidents, aviation risks, natural hazards, illness, injury, actions of other people and delayed access to medical assistance.

The Client must read the applicable 41 South Activity Risk Disclosure before participating in relevant activities.

Nothing in these Terms & Conditions removes any duty imposed on 41 South or another operator under applicable health and safety legislation.

17. SAFETY AND BEHAVIOUR

41 South and relevant third-party operators may refuse or end participation where a Client:

• Acts unlawfully

• Behaves abusively or aggressively

• Is intoxicated

• Refuses reasonable safety instructions

• Behaves in a manner that creates a safety risk

• Places themselves, another participant, a guide, supplier or member of the public at unreasonable risk

Where a Client is removed or excluded because of their behaviour or failure to follow safety requirements, no refund will be provided for unused services unless required by law.

Any additional costs arising from the Client's conduct are the Client's responsibility.

18. PROPERTY, VEHICLES AND EQUIPMENT

The Client is responsible for taking reasonable care of accommodation, vehicles, equipment and other property provided during the journey.

The Client may be responsible for damage, loss, additional cleaning costs, fines or other charges caused by their actions or failure to take reasonable care.

Where a vehicle or equipment is supplied by a third party, the supplier's terms, insurance requirements and liability provisions apply.

41 South is not responsible for loss or theft of personal belongings except to the extent required by law.

19. TRAVEL INSURANCE

41 South strongly recommends that every Client obtains comprehensive travel insurance before travel.

Insurance should be appropriate to the itinerary and may need to include:

• Cancellation and amendment

• Medical expenses

• Emergency evacuation and repatriation

• Adventure activities

• Personal liability

• Luggage and personal belongings

• Travel delays or disruption

The Client is responsible for checking that their policy covers every activity included in their itinerary.

41 South does not provide insurance advice and does not guarantee that any particular policy will provide cover.

20. FORCE MAJEURE

41 South is not responsible for delay, interruption or failure to provide services where caused by circumstances outside our reasonable control.

These may include:

• Severe weather

• Floods

• Earthquakes

• Volcanic activity

• Fire

• Natural disasters

• Pandemics or other public health emergencies

• Road closures

• Government restrictions

• Civil unrest

• Transport disruption

• Aviation disruption

• Supplier failure

• Other events outside our reasonable control

Where reasonably practicable, 41 South will work with the Client and relevant suppliers to modify, reschedule or replace affected arrangements.

Refunds or credits for third-party services remain subject to the relevant supplier's terms.

21. LIABILITY

41 South will provide services directly supplied by us with reasonable care and skill and in accordance with applicable New Zealand law.

To the maximum extent permitted by law, 41 South is not liable for indirect, incidental, consequential or economic loss arising from circumstances outside our reasonable control or from the acts or omissions of independent third-party suppliers.

Nothing in these Terms & Conditions excludes, restricts or modifies:

• The Consumer Guarantees Act 1993 where it applies

• The Fair Trading Act 1986

• Obligations under the Health and Safety at Work Act 2015

• Any other statutory right or remedy that cannot lawfully be excluded

• Liability that cannot lawfully be excluded or limited

Where a third-party supplier is responsible for a service, any claim relating specifically to that supplier's service may also need to be made directly against that supplier.

22. COMPLAINTS AND PROBLEMS DURING TRAVEL

If a problem occurs during your journey, you should notify 41 South as soon as reasonably practicable.

This gives us an opportunity to investigate the issue and, where possible, resolve it while the journey is taking place.

If the issue concerns a third-party service, 41 South will make reasonable efforts to assist with communication and resolution.

Nothing in this section limits any statutory right to make a complaint or seek a remedy.

23. PHOTOGRAPHY AND FILMING

41 South may photograph or film journeys and activities for operational, promotional, website and social media purposes.

Clients who do not wish to be photographed or filmed for promotional purposes should advise 41 South before or during their journey.

41 South will take reasonable steps to respect such requests.

24. INTELLECTUAL PROPERTY

Itineraries, concepts, recommendations, written materials, trip designs and other planning materials created by 41 South remain the intellectual property of 41 South unless otherwise agreed in writing.

Materials provided to the Client are for the Client's personal use in connection with their journey.

They must not be reproduced, commercially used, distributed or provided to another travel provider for the purpose of replicating the journey without prior written consent.

25. PRIVACY

41 South collects and uses personal information to plan, book, coordinate and deliver travel services.

Personal information may be shared with relevant accommodation providers, activity operators, transport providers, guides, aviation operators, booking platforms, insurers or other suppliers where reasonably necessary to provide the services.

Personal information will be handled in accordance with our Privacy Statement.

26. MINORS

Where a Client books on behalf of a person under 18, the booking Client confirms that they are the parent or legal guardian of that person or are authorised to act on their behalf.

The parent or guardian remains responsible for ensuring that the minor satisfies the relevant activity, medical, age and participation requirements.

Third-party suppliers may impose additional age or supervision requirements.

27. GOVERNING LAW

These Terms & Conditions are governed by the laws of New Zealand.

The parties submit to the jurisdiction of the courts of New Zealand, subject to any mandatory rights, remedies or dispute-resolution processes available under New Zealand law.

28. SEVERABILITY

If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision will be interpreted or severed to the extent necessary, without affecting the remaining provisions.

29. ENTIRE AGREEMENT

These Terms & Conditions apply together with the Client's confirmed quotation, itinerary, booking documentation and any applicable third-party supplier terms.

Where a specific written term in a confirmed quotation expressly differs from these Terms & Conditions, the specific term in the confirmed quotation will apply to that booking.

These Terms & Conditions replace previous versions published by 41 South from the effective date stated above.

41 SOUTH LIMITED
NZBN: 9429053180537
New Zealand
hello@41southnz.com