These are the terms and conditions on which you are offered access to bunk.nz and its search and booking services for activities, attractions, products and services. If you do not accept these terms and conditions, you must refrain from using bunk.nz and its online services.
These terms and conditions may be amended in whole or in part by bunk.nz from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the website and its services represents your agreement to be bound by the terms and conditions as amended. These terms and conditions were last updated February 2016.
Registering as a member of bunk.nz is charged at the agreed rate upon registering and is valid for the duration of bought membership, 3 to 12 months. By registering as a member you certify that you are at least 18 years old, and can form a legally binding contract that is enforceable against you. Membership cards are non-transferable and remain the property of Bunk Ltd.
Accurate Information. You represent and warrant to bunk.nz that you have provided complete, accurate and current personal information when registering as a Member. It is your responsibility to maintain and update your personal information held by bunk.nz to ensure it is kept current. You must not register as a Member under multiple identities or persona’s (whether false or not).
Termination of membership. bunk.nz reserves the right to decline to register, to suspend or to terminate your membership at any time in our absolute discretion without entering into further discussions with you. Members who have registered under multiple aliases will have all of their aliases disabled. You may terminate your membership at any time by contacting us and requesting that your membership be terminated with no refund due on early cancellation.
Security of your login information. You are responsible for keeping your login information, including your email address and password, secret and secure.
Emails and newsletters. bunk.nz may send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other bunk.nz products and services to you. bunk.nz may also send regular electronic newsletters to Members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
Actions. You are responsible for any actions (including rating and commenting on operators products and services) undertaken utilizing your Member login details and password.
- Open tickets: You must book your travel dates in advance with the individual Service Provider as per details provided on your voucher.
- Tickets with booked dates: It is your responsibility to ensure you redeem your tickets on the dates booked. If you wish to change these dates you must organise it with the Service Provider directly, with adequate notice.
- You must reconfirm all booked dates 48 hours prior to travel (minimum guide only) or in the manner stated on your voucher. If applicable, dietary requirements should also be confirmed at this time.
bunk.nz provides the website for you to find information about, and book directly with activity & attraction operators (Operators), as well as publish your comments and ratings. You agree to use the Website and the Services for this purpose only.
When you make a booking and it is confirmed to you, you form a binding contract directly with the Operator. You must only make bookings that you intend to use and pay for. Without limitation, any speculative, false or fraudulent booking or any reservation in anticipation of demand is prohibited.
bunk.nz is not a party to any agreement or transaction between you and an Operator, including any booking for activities or attractions, accommodation bookings, or other products or services made using the Website. Accordingly, you agree not to involve, or attempt to involve, bunk.nz in any dispute or in the resolution of disputes that may arise between you and an Operator as a result of the Services provided. The inclusion on the Website of any third party material or a link to a third party website does not mean bunk.nz endorses or approves that third party or the third party material.
bunk.nz makes every effort to ensure all information displayed on the website site is accurate; however, we are unable to guarantee the accuracy of all information nor are we able to guarantee that the site is free of errors or faults. As such bunk.nz does not accept liability for any errors or omissions. We reserve the right to change information displayed on the website (including these terms and conditions) at any time without notice to you.
bunk.nz is not responsible or liable for any unavailability of activities attractions, products or services that an Operator indicates on the Website is or are available.
bunk.nz and/or the operator accept no responsibility for any loss or additional expenses arising from changes, delays or cancellations of the services and activities by the operator.
Operators reserve the absolute right to cancel any activity, attraction, product or service as a result of health & safety concerns, weather conditions, insufficient numbers of people on the trips or any other unforeseen event or circumstance.
bunk.nz makes no warranty or representation about, and accepts no liability or responsibility for, the quality or suitability of any activity, attraction, product or service displayed on the Website. Further bunk.nz advises that all activities carry a degree of risk and that by participating in the activity provided by the Operator you are expressly assuming those risks personally and are releasing the Operator and bunk.nz from any liability, claims, losses, damages or expenses.
Exclusion and Limitation of liability
Without affecting any of your statutory rights that cannot be lawfully excluded, bunk.nz is not liable under any circumstances (including, but not limited to, negligence) for any losses, damages, liability, claims or expenses (whatsoever and irrespective of whether direct, indirect, consequential) arising from the use of the Website or the Services or from the use of, or inability to use, any activity, attraction, product or service booked or purchased using the Website.
Bunk Ltd may link the website to other sites that are owned and operated by third parties. Bunk Ltd has no control over, and does not assume any responsibility for the content, opinions, information, data or material available on such third party sites. A link to a third party site does not imply that Bunk Ltd endorses the site, the products or services referred in such third party sites.
None of these terms limit your rights under the Consumer Guarantees Act 1993.
Payment, Fees and Charges
bunk.nz reserves the right to change at any time the fees charged for any of our Services or the manner in which they are charged, imposed or collected. If we launch a new service, the charges for that service will be effective at the launch of that service unless otherwise stated.
All fees are inclusive of New Zealand GST and in New Zealand dollars, unless otherwise stated.
We endeavour to package the best value tours available at the best prices. However, we take no responsibility for price fluctuations arising from changes in the prices charged by Service Providers occurring before final payment. Accordingly, the price of your travel is subject to change until such time as you pay for the travel in full.
Many tours have extra costs and you should be aware that there may be added expenses. These expenses will differ for each Service Provider but some of the more usual extras are: EMC Tax, Stinger suit Hire, Luggage storage, Sleeping Bag Hire, Linen Hire, National Park Fee, Food, Insurance, Accommodation, Equipment Hire, Petrol Levy.
We will alert you to extra costs to the extent reasonably practicable. However, you must also check with each individual Service Provider when you confirm your ticket.
Cancellations, Changes and Refunds
Credit card fees and fees paid to us for accommodation and luggage storage are not transferable or refundable.
If you cancel your travel, you must pay us a fee of 50% of the value of the travel that was booked on your behalf and cancelled (“Cancellation Fee”).
In addition, if a Service Provider charges us for the cancelled travel you must also pay us the amount that we are charged on your behalf by the Service Provider. It is therefore possible your cancellation fees could be up to 100% of the cost of the booking, regardless of whether travel has commenced (for example cancellations made within 24hrs of travel or certain flight bookings).
The Cancellation Fee will apply in all cases where a tour is able to run. For example, if you are unable to reach a tour due to an “act of God” (for example a road is cut off due to flooding) the normal Cancellation Fee will apply if the tour still runs in your absence or would have run but for your absence.
If a tour or other travel service is cancelled by the Service Provider, we will refund you the amount paid for the tour or other travel service less a 10% administration fee (“Admin Fee”).
The 10% Admin Fee does not apply to: Dive Courses where you fail a Dive Medical test; or Skydives cancelled by the Service Provider within 3 days of booking due to weather, and a full refund will apply.
Flight & bus bookings will, in many cases, incur a 100% cancellation fee.
Where a refund or other payment applies, you may choose to transfer the whole cost of the tour (less any operator cancellation charges) to another tour. However, we may charge you a transfer fee of $30.
Whilst we normally attempt to process refunds swiftly, situations (such as natural disasters) may result in up to 30 days processing time, due to high volume.
Cancellations by the Operator
- You will not be charged any cancellation fee if the cancellation has been made by the operator or bunk.nz
- If a booking is cancelled by the Operator (i.e. due to bad weather) and/ or a refund is authorized by the operator you must contact us via email: explaining the reason for the refund and the name of the person with whom you spoke, and if possible your booking number. We will then credit your card the refund amount and email you with confirmation
- Operators reserve the absolute right to cancel any activity, attraction, product or service as a result of health & safety concerns, weather conditions, insufficient numbers of people on the trips or any other unforeseen event or circumstance.
- Operators will be bound to the written terms and conditions that have been signed when joining up to Bunk Ltd services.
Cancellations by you the Customer
The availability and costs of cancellations, changes and refunds depend on Operators’ own terms and conditions and policies. When you make a booking you agree to be bound by the relevant Operator’s terms and policies.
- If you want to cancel your booking you will need to contact the operator directly (the phone number will be on your booking confirmation email) and check with them if you are able to cancel. If authorization is given by the operator for a refund you must then contact us by replying to the confirmation email, or email directly on: . Please explain the reason for the refund and the person you spoke to, and if possible your booking number. We will only give a refund if it has been authorized by the operator first. We will then credit your card the refund amount and email you with confirmation.
- Refunds are at the discretion of the operator and bunk.nz. In general (unless otherwise stated on your booking confirmation) operators require a minimum of 48 hours notice for any refunds to be considered.
In general Cancellations made by you, the customer, within 24 hours of departure will receive no refund.
bunk.nz receives non-refundable payments from Operators for providing the Services. bunk.nz may also charge a booking fee for providing the Services. These fees and charges will not be refunded to you if you cancel a confirmed booking. In the event where an operator approves a refund bunk.nz will refund your credit card the full value of the amount approved by the operator less these non-refundable fees and charges.
- Activities may be rescheduled where consent is granted by the Operator. To see if your booking can be rescheduled please contact the Operator directly using the phone number provided on your booking confirmation.
We endorse the recommendation of the Department of Foreign Affairs and Trade that all travellers take out travel insurance. It is your personal responsibility to purchase your own travel insurance to cover any liability which may be incurred to us or a Service provider and other travel misadventures that you wish to be insured against.
We recommend that you source travel insurance with a low excess payment, to make claiming on cancelled tours worthwhile.
Ratings & Comments
Ratings & Comments submitted by you to the Website about Operators must be based only on your own personal experience with that Operator and be true in all respects.
Comments you submit to the Website must not be offensive, defamatory, unlawful, misleading or deceptive.
The Comment facility on the Website may not be used to promote any commercial or business activity. If you own or are employed by an Operator, you must not post comments about that Operator.
bunk.nz is not responsible for any of the opinions expressed in the Rating & Comment facilities. By posting a comment you agree to take full legal responsibility and liability for your comments and to indemnify bunk.nz from all liability, loss, damages, costs or expenses suffered by bunk.nz in connection with your comments.
bunk.nz reserves the right to remove or edit any comments that it considers inappropriate or in breach of these terms and conditions.
Comments submitted to the Website are provided for the sole purpose of facilitating the operation of the Website and the Services. You must not market or export any comments on the Website to any other venue or website.
Passports & Visa: It is your responsibility to ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. Transfers between tours may incur a $30 administration fee.
Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
System Integrity: We will make the best possible efforts to ensure the availability of the web site and services. However, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the website or services being unavailable for any reason. Further, bunk.nz assumes no responsibility for any corruption of any data or information held by us and does not warrant that the Website or the Services will be uninterrupted or error-free, or that the Website will be free from viruses or other harmful content.
Intellectual Property Rights: bunk.nz owns all proprietary and intellectual property rights in the website and the software and other material underlying and forming part of the services and the website.
- not to use any software, process or device to copy, collect or harvest data or other content from the Website;
- not to decompile, reverse-engineer, disassemble or otherwise deal with any software underlying or forming part of the Services or the Website; and
- not to do anything or take any action that imposes an unreasonable burden on bunk.nz’s computer systems.
Privacy: bunk.nz may collect personal information about you through your use of the website and services, including your registration details and information on how you use the website and the content you access. You agree that we may use this information to assist us to provide the services to you for internal research purposes, to verify your identity, for promoting and marketing other bunk.nz products and services to you, and for any other use that you authorise.
bunk.nz will provide Operators with the information required to facilitate a booking that you make through the Website.
We will not sell or allow third parties to access your personal information without your consent, however you agree that we may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are acting inappropriately or are in breach of the law, third party rights, or these terms.
Third Party Web Sites: You agree that We are not responsible for, nor do We endorse, any third party web sites or Content which You access in the course of using the web site. This includes any reliance upon or offence taken/caused by content, advertising, products or services accessed.
Miscellaneous: If any provision of the Terms & Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms & Conditions which will continue in full force and effect. bunk.nz will not be deemed to have waived any right under these terms and conditions unless the waiver is in writing and signed by bunk.nz
Headings: The headings used in these terms and conditions are included for convenience only and do not affect or limit these terms and conditions.