TERMS & CONDITIONS
1. PARTIES:
‘Longitude 80’ means an incorporated Company registered in New Zealand on the Companies Register, with the Company Number 2007715.
‘The Client’ means the person/s or company making a booking with Longitude 80, and if there are more than one person or companies making the booking, these Booking Conditions bind them jointly and severally. By making payment of the Tour design fee or deposit the Client acknowledges that they have read, understood and agree to be bound by these Booking Conditions.
2. DEFINITIONS:
‘Supplier’ means service providers engaged by Longitude 80 to provide certain component/s of an Tour Itinerary.
‘Booking Conditions’ means these terms and conditions.
‘Detailed Itinerary’ means a draft itinerary tailored to the Client providing a detailed proposal for a possible tour.
‘Tour Itinerary’ means the confirmed itinerary outlining the departure date, Tour components and all details associated with the Tour.
‘Tour’ means the time between the departure date and the return date of the Tour Itinerary.
3. INTERPRETATION
1. References to parties are references to the parties to this agreement.
2. Words denoting the singular include the plural and words denoting the plural include the singular.
3. Words denoting any gender include all genders.
4. A reference to a law includes:
a. legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them;
b. any constitutional provision, treaty or decree;
c. any judgment;
d. any rule or principle of common law or equity,
and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts.
5. A reference to an amount of dollars, United Sates dollars, $ or USD$ is a reference to the lawful currency of United States of America, unless the amount is specifically denominated in another currency.
6. Goods and Services Tax (GST):
a. The price stipulated is inclusive of GST (if any) unless otherwise specified.
7. If there is any conflict between the terms of the main body of this agreement and the terms of this agreement's schedules, annexures, appendices, attachments and exhibits, the terms of the main body of this agreement will prevail.
4. NOTICES:
1. A notice given to a party in connection with these Booking Conditions must be in writing and delivered to the party’s email address.
5. SEVERABILITY:
1. If the whole or any part of a provision of this agreement is or becomes invalid or unenforceable, it is severed to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
2. The severance of any provision or provisions in whole or in part under Clause 5.1 will not affect the validity or enforceability of the remaining Booking Conditions.
6. SERVICES PROVIDED BY LONGITUDE 80:
1. Longitude 80 is a bespoke Tour designer and operator. The Client wishes to engage Longitude 80 as the Client’s agent to assemble a Tour for the Client in any location where Longitude 80 provides its expertise and services and to select and engage Suppliers to provide different components of that Tour. All Tour itineraries designed by Longitude 80 are bespoke in nature and designed according to the Client’s needs and desires.
2. Longitude 80 designs bespoke itineraries delivered to the client as single travel experience summarised with a single overall cost. The Client accepts that individual services within the bespoke itinerary will not be broken down by price per service.
7. FORMATION OF CONTRACT:
1. Upon receiving an initial inquiry, Longitude 80 aims to provide acknowledgment of receipt within 1 working day. Longitude 80 will then design an initial, general outline of the Tour and provide the Client with an estimated price per person within 10 to 14 days of receipt of the initial inquiry.
2. In order for Longitude 80 to proceed in designing a detailed itinerary addressing special requests, specific hotels, activities, events and focusing on the Client’s interests, a non-refundable Tour design fee of $1000 USD is required for individuals and small groups. In special circumstances where a yacht charter or private jet is involved, a deposit of $2,500 USD is required. This fee is applicable to the total cost of the Tour Itinerary.
3. The detailed itinerary may require several weeks to design and will involve several emails to obtain the Client’s feedback, fine-tuning and final approval.
4. The detailed itinerary will be converted into a binding Tour Itinerary upon receiving confirmation from the Client and payment:
a. A deposit of 25% of the Tour Itinerary Cost for itineraries made at least 90 days prior to the departure date. The deposit must be received by Longitude 80 within 7 days of notice of confirmation, or the date 90 days prior to the departure date, whichever occurs first. The balance of the Tour Itinerary cost must be paid no later than 90 days prior to the departure date; or
b. The whole cost for Tour Itineraries made less than 90 days from the departure date. Payment must be received by Longitude 80 within 72 hours of notice of confirmation.
5. A detailed itinerary will lapse if the Client does not pay the deposit or the Tour Itinerary cost by the due date for the relevant payment.
6. Any requested variation to a Tour Itinerary must be submitted in writing to Longitude 80. Longitude 80 may decide in its discretion whether to accept a request for variation. Longitude 80 will charge a minimum administration fee of $200 USD per variation and $500 USD per variation where private jet or superyacht is involved in variation. The Client must pay any extra cost arising from the variation including any cancellation fees incurred by Longitude 80 from Suppliers, and the administration fee within 7 days of notification to Longitude 80.
8. TOUR ITINERARY INCLUSIONS:
1. The total cost for the Tour Itinerary includes all expenses for accommodation, airport transfers, activities and meals as listed in the Tour Itinerary. However, the Tour Itinerary does not include items not expressly listed, or any additional requests made after the departure date, unless agreed to in writing. All hotel, airport and tourist taxes imposed by city and state governments are included in the cost of the Tour Itinerary. Gratuities are not included in the Tour Itinerary and are at the discretion of the Client.
2. Longitude 80 provides handling of baggage as specified in the Tour Itinerary. Baggage is the sole responsibility of the Client. Restrictions may apply as to the number of items, weight and nature of baggage for air travel. The Client must comply with such restrictions. Lost, damaged or delayed baggage is subject to the terms and conditions of carriage of the relevant carrier. Longitude 80 is not responsible for, and the Client releases Longitude 80 from, any liability for any lost, damaged or delayed baggage. Longitude 80 recommends Clients review any and all baggage restrictions applicable to their flights.
9. SPECIAL NEEDS AND REQUESTS:
1. It is the Client’s responsibility to inform Longitude 80, prior to confirming the Detailed Itinerary of any special needs which, if not met may adversely affect the enjoyment of the Tour. Longitude 80 will not be held liable for any loss of enjoyment resulting from the failure to disclose information pertaining to the individual special needs of Clients.
2. Clients must advise Longitude 80 in writing of any special requests e.g., diet, or facility. If reasonably practicable, Longitude 80 will arrange for the request to be fulfilled.
3. Any additional costs incurred by Longitude 80 or its Suppliers in accommodating the special needs or requests of the Client may be charged to the Client. Longitude 80 will inform the Client of any such charges prior to making the necessary arrangements
10. CANCELLATIONS & REFUNDS:
1. The Client must notify Longitude 80 in writing if they wish to cancel any Tour Itinerary. Cancellations are subject to the Client paying the relevant cancellation fee set out below and will be effective only upon written acknowledgment by Longitude 80.
2. If a cancellation is received more than 60 days prior to the departure date, Longitude 80 will retain or charge a cancellation fee equal to the full deposit (being 25% of the Tour Itinerary cost) as the cancellation fee. If a cancellation is received between 30 days and 60 days prior to the departure date, Longitude 80 will deduct or charge 50% of the Tour Itinerary cost as the cancellation fee. If a cancellation is received less than 29 days prior to the departure date, Longitude 80 will deduct or charge 100% of the Tour Itinerary cost as the cancellation fee. In addition, the Client will be required to pay any cancellation fees imposed by Suppliers on Longitude 80, which are in addition to the cancellation fees detailed in this clause and are not covered by the cancellation fees detailed in this clause.
3. No refunds can or will be given in connection with:
a. any changes to the Tour Itinerary requested by the Client after departure;
b. the Client’s failure to appear for the Tour, or any component of the Tour, or the Client abandoning the Tour after its commencement; or
c. the Client being excluded from the Tour, or any component of the tour, in accordance with these Booking Conditions.
d. the Client cancelling the Tour or part thereof within cancellation terms as per clause 10.2 of these Booking Conditions.
e. any payments made to suppliers that cease to trade after any payment has been made to Longitude 80 by the Client.
4. If a refund is due to the Client, and payment for the Tour Itinerary has been made in a currency other than the currency invoiced, Longitude 80 reserves the right to calculate the refund based on the foreign exchange value attributed to the invoiced currency at the time of refund.
10. ALTERATIONS TO TOUR ITINERARY:
1. Given the unpredictable nature of travel and all that it entails, Longitude 80 reserves the right to amend and alter the Tour Itinerary or any part of it, at any time. Longitude will use all reasonable efforts to deliver the Tour Itinerary as provided to the Client. However, events outside Longitude 80’s control may occur that require Longitude 80 to alter the Tour Itinerary or any component thereof without prior notice to the client. If any alterations are required to be made or have been made to a Tour Itinerary, Longitude 80 will notify the Client as soon as practicable. In the event of an appreciable variation in the Cost of the Tour Itinerary due to these circumstances, Longitude 80 reserves the right to adjust the Tour Itinerary Costs as necessary. Longitude 80 will endeavour to notify the Client in writing as soon as it is aware of any likely surcharge. However, Longitude 80 reserves the right to invoice a surcharge without notice. If the surcharge is not paid within the time stipulated on the invoice. Longitude 80 will construe such non-payment as an act of cancellation on the Client’s part and the provisions of clause 10 apply.
11. INSURANCE:
1. It is the Client’s sole responsibility to obtain appropriate insurance cover. Longitude 80 strongly recommends that Clients have comprehensive travel insurance. Insurance should cover, but not be limited to: cancellation fees, loss of deposit or balance payment, damage to and loss of baggage and money, medical and hospitalization expenses, repatriation, or curtailment expenses due to illness, the need to return home because of an unexpected death or illness in the immediate family, evacuation expenses and accidental death or disability. It is also recommended that Clients obtain exclusion waivers where appropriate for adventure activities excluded in their travel insurance policies.
2. Longitude 80 is not liable for any loss or costs incurred due to the Client’s failure to obtain adequate travel insurance, and the Client understands and accepts Longitude 80’s full cancellation fees as set out in clause 10 of these Booking Conditions will be applied.
12. SUPPLIERS:
1. The Client acknowledges that the Suppliers are not agents or employees of Longitude 80 but are independent contractors who are not under the direct control of Longitude 80.
2. Longitude 80 does not warrant the performance of any Supplier, and the Client releases Longitude 80 from liability for any loss, damage, cost, or expense (including without limitation any property damage or personal injury) suffered by the Client which arises from any act or omission of a Supplier or failure by a Supplier to meet the Client’s expectations.
3. The Client acknowledges that the Suppliers provide services in connection with the Tour pursuant to their own terms and conditions, which the Client must comply with.
4. The Client must comply with the reasonable instructions of Longitude 80 and/or its Suppliers.
5. Without in any way limiting its rights under other clauses in these Booking Conditions, Longitude 80 may in its absolute discretion exclude a Client from the Tour, or any component of the Tour, in the event that the Client fails to comply with the reasonable instructions of Longitude 80 or its Suppliers;
6. Longitude 80 will not be held liable for any monies paid to Suppliers in advance for their services, and the Supplier then ceases operation. Longitude 80 will endeavour to engage a suitable replacement and the Client will be required to pay any additional costs incurred. Alternatively, if the suitable replacement is of a lesser cost, Longitude 80 will refund the Client the relevant amount remaining.
13. MEDICAL CONDITIONS:
1. It is the Client’s sole responsibility to obtain appropriate medical advice prior to departure. This includes whether the Client is fit enough to undertake the Tour, vaccinations, medications and other appropriate precautions specific to the Client.
2. The Client acknowledges that medical services and facilities may not be readily available during the Tour, and that no medically qualified personnel will accompany the Tour.
3. The Client must inform Longitude 80 at the time of designing a Detailed Itinerary (or any stage thereafter should the client become aware of a medical condition) of any medical conditions, which may affect the Client’s ability to participate in the Tour.
4. The Client acknowledges and agrees that Longitude 80 and its Suppliers may in their sole discretion exclude the Client from the Tour or any component if Longitude 80 or a Supplier considers that the Client is unable to safely participate in the Tour or component as a result of a medical condition.
14. VACCINATIONS, TRAVEL DOCUMENTS AND RESTRICTIONS:
1. Longitude 80 will endeavor to assist the Client with any Visa or travel queries they may have. All information provided is given in good faith. However, it is the Client’s sole responsibility to ensure that all passports, visas, travel permits, vaccinations, or other documentation required for the tour are obtained, current and valid for the destination country. Passports must be valid for at least 6 months after the date the Client returns from the Tour.
2. It is the Client’s responsibility to meet any additional costs incurred either by the Client or by Longitude 80 on the Client’s behalf, as a result of any failure to comply with these requirements. Longitude 80 is not liable for any loss or costs incurred due to the Client’s failure to comply with this requirement.
15. MEDICAL EVACUATION:
1. If medical evacuation is required during the Tour, all expenses associated with the evacuation will be at the Client’s expense and no refund will be given for any component of the tour not completed. If the evacuation incurs additional costs and expense, the Client acknowledges and accepts that they must pay any additional expense. Expenses may be direct or indirect and may be incurred by a third-party supplier.
16. COVID-19:
1. COVID-19 testing may be required during the Tour and any such testing is at the discretion of Longitude 80 or its Suppliers. If the Tour Itinerary is impacted upon as a result of COVID-19 testing or confirmed cases, then there is no refund available to the Client and all additional expenses must be paid to Longitude 80.
2. If any isolation or quarantine period exceeds the duration of the Tour, then it is the Client’s responsibility to arrange, and pay for, any alternate travel plans. Longitude 80 does not warrant that a Tour Itinerary will be completed, and the Client agrees to bear all responsibility and payment requirements.
3. The Client agrees and acknowledges that if required to be placed in quarantine or isolation, or evacuated, that the conditions of such quarantine, isolation or evacuation may not be the same or similar to that which was originally planned or formed part of the Tour.
4. The Client acknowledge and agrees that if quarantine, isolation or evacuation is required, that this requirement may not be limited to the Client but may extend to all persons travelling with the Client and the Client will be responsible for all costs associated with this action.
5. All costs and expenses associated with any illness or health care issue is the Client’s responsibility.
6. If the Client fails to adhere to all reasonable directions given by Longitude 80 and its Suppliers, then the Client acknowledges and agrees that the right to continue with the Tour may be immediately revoked and the Client will depart the Tour as soon as reasonably practicable. Longitude 80 will not provide a refund.
17. FORCE MAJEURE CLAUSE
1. Force Majeure Event means any event or circumstance that:
a. is not within a party's reasonable control;
b. cannot reasonably be prevented by a party by taking reasonable precautions and cannot reasonably be circumvented by that party; and
c. prevents, hinders or delays a party from performing any of its obligations under this agreement,
including, without limitation:
d. any act of God, flood, drought, earthquake, landslide, storm, lightning strike, cyclone or other natural disaster;
e. epidemic, as characterised by the New Zealand Ministry of Health, pandemic as characterised by the New Zealand Ministry of Health or other public health and safety emergency,
f. war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, blockade or breaking off of diplomatic relations;
g. terrorist attack, civil war, civil commotion or riots;
h. sabotage, malicious damage or vandalism;
i. nuclear, chemical or biological contamination;
j. maritime, aviation, or space industry or space object disaster;
k. non-performance by suppliers, and
l. any breakage, failure or malfunction of, or accident involving, any plant, equipment, machinery or other facility owned or operated by Longitude 80 or its Supplier that occurs notwithstanding that Longitude 80 or its Supplier has taken all reasonable steps to avoid or guard against such an event.
2. Provided it has complied with clause 18.1, if a party is prevented from or hindered or delayed performing any of its obligations under this agreement by a Force Majeure Event (Affected Party):
a. the Affected Party will not be in breach of this agreement or otherwise liable for any such failure, hindrance or delay in the performance of these obligations to the extent that the failure, hindrance or delay is directly caused by the Force Majeure Event; and
b. the relevant obligations will be suspended, and the time for performance of such obligations will be extended, until the time that those obligations are no longer affected by the Force Majeure Event.
3. The Affected Party must:
a. as soon as reasonably practicable after the start of the Force Majeure Event notify the other party in writing of:
i. the nature and particulars of the Force Majeure Event;
ii. the date on which the Force Majeure Event started;
iii. the likely or potential duration of the Force Majeure Event; and
iv. the effect of the Force Majeure Event on the Affected Party's ability to perform any of its obligations under the agreement; and
b. use all reasonable endeavours to remedy, mitigate or minimise the effect of the Force Majeure Event on the performance of its obligations. This includes using reasonable endeavours to search for a suitable replacement Tour Itinerary. In the event that a suitable replacement Tour Itinerary is presented to and accepted by the Client, the cost of the Tour Itinerary shall be transferred to the replacement Tour Itinerary less applicable cancellation fees of Suppliers.
4. If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than one year the party not affected by the Force Majeure Event may terminate this agreement by giving 10 days written notice to the Affected Party. In the event the agreement is terminated under this clause, the Client will be required to pay any cancellation fees imposed by Suppliers on Longitude 80. Longitude 80 will then refund to the Client 60% of the cost of the Tour Itinerary less applicable cancellation fees.
18. EXCLUSION AND LIMITATION OF LIABILITY
1. Subject to the other terms of clause 19, Longitude 80 excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms that are not expressly set out in this agreement to the maximum extent permitted by law and no terms shall be implied into this agreement as a matter of fact or law.
2. Subject to the other terms of this clause 19, Longitude 80's maximum aggregate liability to the Client for any direct, indirect or combination of direct and indirect loss or damage or injury arising out of or in connection with the performance of the Tour Itinerary or any part of it, including any breach by Longitude 80 of this agreement however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the total amount paid by the Client for the Tour Itinerary.
3. Where the Client is or may be entitled to recover from a third party any sum in respect of any matter or event that could give rise to a claim under this agreement, the Client must:
a. use its best endeavours to recover that sum before making the claim (including by way of litigation or other forms of dispute resolution);
b. keep Longitude 80 fully and promptly informed of the conduct of such recovery; and
c. reduce the amount of the claim to the extent that sums are recovered.
4. Longitude 80 will not be liable for any claim under or in relation to or arising out of this agreement, including a breach of any warranty unless:
a. The Client has first made a claim under any insurance policy held by the Client that may cover that claim;
b. Keep Longitude 80 informed of the conduct of such claim and any recovery; and
c. That claim has been denied in whole or part by the relevant insurer.
5. If the Client recovers any amount under an insurance policy in respect of a claim under or in relation to or arising out of this agreement and that amount is less than the loss or damage incurred by the Client, the amount of the shortfall will be the amount of the Client’s loss for the purposes of this agreement and always subject to the other parts of this clause 19.
6. Notwithstanding anything else in this clause 19, Longitude 80's liability will be reduced to the extent the loss or damage is caused by or contributed to by the Client.
7. Longitude 80 is not liable in respect of a claim:
a. Unless the Client has notified Longitude 80 of the claim as soon as practicable after it becomes aware of it; and
b. A claim is to be deemed withdrawn, unless within 12 months (or such longer period as may be agreed between the parties) after the date on which the Client notified Longitude 80 of the claim under clause 19.7(a), the Client has issued and served legal proceedings against Longitude 80 in connection with the claim.
19. PRIVACY:
1. Longitude 80 requires certain private information from the Client to provide its services. Without this information, Longitude 80 will not be able to confirm the Client’s Tour Itinerary.
2. The Client acknowledges and agrees that Longitude 80 may disclose the Client’s personal information to its Suppliers for the purpose of arranging components of the Tour Itinerary.
20. DISPUTE RESOLUTION:
1. It is the Client’s responsibility to inform Longitude 80 in writing of any issues that may give rise to a complaint as soon as practicable after the event. Delay or failure to notify Longitude 80 will impair Longitude 80’s ability to redress the issue. Longitude 80 will not accept responsibility for complaints received more than 10 days after the occurrence of an event leading to the complaint.
2. The Client and Longitude 80 agree to use all reasonable efforts to resolve the complaint between Parties.
3. Both the Client and Longitude 80 agree that in the event where a complaint cannot be resolved, both Parties agree to using alternative dispute resolution procedures before resorting to legal proceedings.
21. GOVERNING LAW / JURISDICTION
1. These Booking Conditions are governed by the laws applicable in New Zealand and each party submits to the jurisdiction of the Courts of New Zealand.