Terms and Conditions

TERMS OF SERVICE

1. DEFINITIONS AND INTERPRETATION

1.1 The following definitions apply in these Terms:

Searle Travel, we, us and our means Searle Travel ltd trading as Searle Travel Ltd.

Business Day means any day other than a Saturday, Sunday or public holiday in the region in which the

Services are provided.

Confidential Information means this Agreement and any non‐public financial, business or commercial

information relating to a Party (in any form) which the other Party may receive or obtain in connection with

this Agreement or the Services.

Customer, you and your means you, the Customer.

Travel Booking means any Travel Product or Travel Products that have been booked by us on your behalf

and confirmed by the relevant Travel Provider.

Travel Product means any travel service or product offered by a Travel Provider (for example, an airfare,

cruise or hotel accommodation).

Travel Providers means any provider of Travel Products and Travel Provider means any one of them.

Services means any travel consulting and advisory services that we provide to you from time to time,

including (as applicable) designing travel holiday packages, booking Travel Products on your behalf,

facilitating amendments or cancellations to your Travel Booking, advising on relevant travel requirements

and all incidental consultancy and advisory services.

1.2 The following rules of interpretation apply in this Agreement:

(a) References to persons include natural persons and any other body corporates (wherever

incorporated).

(b) References to the words including, include or similar words do not imply any limitation.

2. AGREEMENT

2.1 Unless agreed otherwise by us in writing, these terms of service (Terms) apply to every supply of Services by

us to you, including any bookings you make with our travel consultants in‐store, over the phone or by email.

We reserve the right to amend the Terms from time to time by written notice to you. Your continued use of

the Services, or subsequent requests for further Services will be deemed acceptance of such amended

Terms and such amended Terms will replace any previous arrangements or understandings between you

and us.

2.2 If you instruct us to make a booking and/or accept our quote that shall constitute acceptance these Terms

and such quote, together with these Terms, shall constitute the agreement between you and us

(Agreement). Any variations or additions to the Agreement not expressly agreed in writing by us are

expressly rejected.

3. AGENCY

3.1 We are a travel agent only. This means we arrange travel services and sell Travel Products on behalf of

third party Travel Providers, including airlines, tour and cruise operators, car hirers and accommodation

providers. Our Services to you include booking and advisory services that allow you to purchase Travel

Products from the Travel Providers. We charge a Service Fee for providing these Services to you.

3.2 Each Travel Product is governed by the terms and conditions of the relevant Travel Provider. This means

that your rights to amend or cancel your Travel Booking, and the cost of doing so, will be governed by the

Travel Provider’s terms and conditions. In no circumstances is Searle Travel Ltd liable to you for the delivery

of the Travel Product by the Travel Provider.

3.3 We will use reasonable endeavours to ensure you are aware of the Travel Provider’s terms and conditions.

This includes notifying you of key terms such as the Travel Provider’s amendment and cancellation policies,

and any additional fees which may apply to the Travel Product (for example, tipping, resort fees etc.) at the

time of travel.

4. OUR SERVICES

4.1 We will provide the Services on the basis set out in our quote and otherwise in accordance with the terms

and conditions contained in this Agreement.

4.2 In our performance of the Services, we will:

(a) exercise due care and skill; and

(b) comply will all applicable laws, regulations and by‐laws in force relating to the provision of the

Services.

4.3 Subject to clause 4.4, we will provide our Services in accordance with the consumer guarantees contained in

the Consumer Guarantees Act 1993 (CGA). In summary, this means the Services:

(a) will be carried out with reasonable care and skill;

(b) will be reasonably fit for any particular purpose made known by you to us;

(c) will be of such a nature and quality that they can reasonably be expected to achieve the desired result;

and

(d) will be provided within any agreed timeframe or, if no timeframe is agreed, within a reasonable time.

If we do not meet any of the consumer guarantees, you have rights under the CGA.

4.4 Where you are in “trade” and acquiring the Services for the purposes of “trade” (as that term is defined in

the CGA), you acknowledge and agree that:

(a) the provisions of the CGA will not apply to this Agreement or any Services provided by us under this

Agreement; and

(b) it is fair and reasonable to be bound by this provision.

5. SERVICE FEES AND COMMISSIONS

5.1 The fees payable by you shall be as agreed or quoted in writing prior to our provision of the Services, or, in

the absence of any agreement thereof.). The Service Fees are not refundable, even if the Travel Product is

cancelled or not used for any reason.

5.2 You acknowledge and agree that we may receive commissions, fees, rebates, gifts or other financial

incentives from Travel Providers in respect of your Travel Booking (Commissions). We are not obligated to

pass such Commissions on to you.

5.3 Unless we require payment in part or in full in advance of providing any Services (which we may so require

in our sole discretion), we will submit invoices to you on a periodic basis or on completion of the Services.

You must pay each invoice in full by the deadline indicated. Payment will be made by direct credit to our

nominated bank account.

5.4 If a sum required to be paid you under this Agreement is not paid to us by the due date:

(a) you must also pay interest on that sum at the rate of 3% per annum (calculated daily and capitalised

monthly) for the period beginning on the due date and ending on the date that the sum (including all

accrued interest) is paid in full by you; and

(b) we shall not be obliged to perform further Services unless and until such outstanding amounts are paid

to you.

6. YOUR TRAVEL BOOKING

6.1 We will book the Travel Products on your behalf in accordance with your instructions and the information

provided by you.

6.2 It is your responsibility to provide all required information for each traveller and you must ensure such

information is correct. This includes advising us of any medical (including pregnancy), dietary or mobility

conditions of any traveller that is relevant to the Travel Product. We are not responsible for any losses or

damages arising from any incorrect information provided by you.

6.3 You acknowledge and agree that:

(a) the Travel Products are not guaranteed until payment has been made in full and the Travel Provider

has processed and issued a confirmation of the Travel Booking;

(b) the Travel Products offered are subject to availability and can be withdrawn or subject to change

[without notice] by the Travel Provider at any time in accordance with the Travel Provider’s terms and

conditions;

(c) it is your responsibility to contact the Travel Provider prior to departure to ensure there is no change

to the scheduled departure time.

6.4 For international and domestic departure, e‐tickets will be issued upon payment and completion of the

booking process. All other travel documentation, such as hotel booking confirmations, will be emailed to

the email address you provided as an e‐document. We will not be responsible if your e‐ticket does not

arrive due to an incorrect email address provided by you or your junk email settings. You must notify us

immediately if you change your email address or contact telephone number after making a booking. It is

your responsibility to advise us if you have not received your e‐ticket confirmation. Should the Travel

Provider issue paper vouchers, these will available for collection approx. 2‐3 weeks prior to departure.

6.5 Baggage allowance varies from airline to airline and in many cases the airfare you have paid may not include

the cost to cover checked baggage. Please check with your Travel Advisor and/or the airline providing your

flights for the allowances.

6.6 If you are a current frequent flyer member, please advise your membership details to ensure accrual of

mileage. We do not take any responsibility should an airline not register your trip. You should retain

copies of your air ticket and boarding pass. Special requests will be passed on to the Travel Provider but

cannot be guaranteed. Not all airfares will accrue points. Ask your consultant for more clarification.

7. PAYMENT OF TRAVEL BOOKING

7.1 You must pay for the Travel Products in accordance with the payment terms of the relevant Travel

Provider and any deposit requirements set out in the Schedule. You are required to pay a non‐refundable

deposit towards your Travel Booking, payable prior to reservation. Your deposit amount will include: the

minimum amount required for us to book and confirm your travel itinerary, including, but not limited to,

airlines & wholesale suppliers. There may be more than one Travel Provider for your booking. Final

payment is required no later than 6 weeks prior to departure unless otherwise stated. Some airfares or

services must be paid in full at the time of booking.

7.2 Payment can either be made by you:

(a) to us at time of confirmation of your Travel Booking, in which case we will provide the Travel Provider

with your credit card details on your behalf where payment is via your credit card, or we will hold such

funds on trust on your behalf in a separate bank account and pay such funds to the relevant Travel

Provider in accordance with the Travel Provider’s payment terms where payment is made by cash or

bank transfer (Merchant Method); or

(b) directly to the relevant Travel Provider at the time of confirmation of your Travel Booking or at the

time of travel as required by the Travel Provider’s payment terms (Retail Method).

We will work with you to determine which payment method is appropriate for you.

7.3 Payment may be due in a foreign currency (currency other than the original card holders’ country of issue),

in which a case currency conversion may be payable. The currency conversion would be calculated on the

date of payment using the Travel Provider’s exchange rate of the day.

7.4 Payment by way of the Merchant Method may incur credit card fees in which case you will be notified of

such charges prior to payment. Payment by way of the Retail Method may incur credit card or debit card

fees charged by the Travel Provider, in which case you will be notified of such charges prior to payment.

7.5 There may be taxes levied abroad but not paid at the point of purchase that are payable in relation to hotel

bookings (e.g. local taxes, sales tax etc.). Any local taxes will be payable by you directly to the Travel

Provider at the time of check in/check out.

8. AMENDMENTS TO TRAVEL BOOKING

8.1 We will assist you with making any amendments required to your Travel Booking (including where such

amendments are required to re‐schedule your Travel Booking as a result of a Force Majeure Event such as

COVID‐19 related events) as requested by you. You agree to pay the Service Fees to us for such Services,

provided that we will waive the Service Fees where an amendment is required due to our error, negligence

or fault.

8.2 Your rights to make any amendments to your Travel Booking is subject to the Travel Provider’s terms and

conditions and the applicable consumer laws in the jurisdiction in which the Travel Provider is located.

8.3 The Travel Provider may charge amendment fees in accordance with the terms and conditions agreed

between you and the Travel Provider. Please be aware many Travel Providers treat name changes and

route and/or itinerary alterations as a full cancellation and these can incur the Travel Provider’s full

cancellation charges.

8.4 We are not liable for any amendment or cancellation fees charged by the Travel Provider or any refusals to

amend the Travel Booking made by the Travel Provider.

9. CANCELLATION OF TRAVEL BOOKING

9.1 If you cancel or do not use your Travel Product for any reason (including where such cancellation is due to a

Force Majeure Event, such as COVID‐19 related events), your right to a refund or credit is subject to the

terms and conditions of the Travel Provider or the applicable consumer laws in the jurisdiction in which the

Travel Provider is located.

9.2 The Travel Provider may charge cancellation fees in accordance with the terms and conditions agreed

between you and the Travel Provider.

9.3 If the Travel Provider is required to provide you with a refund or credit for the Travel Product, we will liaise

with the Travel Provider to arrange that refund or credit on your behalf. You agree to pay the Service Fees

to us for such assistance.

9.4 If you are entitled to a refund and you originally paid for the Travel Product via the Merchant Method, we

are unable to provide you with such refund until we receive it from the Travel Provider. If you originally

paid for the Travel Product via the Retail Method, the Travel Provider will provide the refund directly to you.

Please note that most Travel Providers take between 60 and 90 days to process any refund.

9.5 In the event of cancellation after full payment has been received and final documentation issued we reserve

the right to retain commissions earnt.

9.6 We are not liable for any cancellation or amendment fees charged by the Travel Provider or any refusals to

refund made by the Travel Provider.

10. YOUR WARRANTIES

10.1 You warrant to us that:

(a) you are at least 18 years old and have the power, capacity and authority to enter into a binding

contract with us and with the Travel Providers of the Travel Products that you acquire;

(b) you have read and understood these Terms and if booking on behalf of third parties, you have

conveyed these Terms to them;

(c) the information you provide us about yourself and your fellow travellers is true, accurate, current and

complete (apart from any optional items) as required by any registration process;

(d) you have considered acquiring comprehensive travel insurance and you acknowledge and agree that

we are not responsible for any failure by you to acquire adequate insurance cover.

11. PASSPORTS, VISAS AND HEALTH REQUIREMENTS

11.1 It is your responsibility to ensure that you have the required documents, including visas and passports,

before travelling to a destination. For more information please log on to https://www.safetravel.govt.nz

and https://www.mfat.govt.nz. Please check with the respective Embassy or Consulate of each country that

you are travelling to, as many destinations require visas for both New Zealanders and non‐New Zealand

passport holders. For more information, log on to www.visalink.com.au. You need to ensure that you have

at least 6 months validity on your passport from the date of your departure return.

11.2 For international travellers booked on flights to the USA (including Hawaii) it is mandatory under the Visa

Waiver Program to receive an electronic authorisation known as ESTA (Electronic System for Travel

Authorisation) no less than 72 hours before travel to the USA. New Zealand or Australian passport holders

will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the

eligibility requirements of ESTA and may be required to obtain a visa. An ESTA can be obtained from the

following website: https://esta.cbp.dhs.gov/esta/.

11.3 For international travellers booked on flights to Canada, you either need a visitor visa or an Electronic Travel

Authorization (eTA) to fly to, or transit through, a Canadian airport. An eTA can be obtained from the

following website: https://www.canada.ca/en/immigration‐refugees‐citizenship/services/visitcanada/

eta/apply.html. Please also see http://www.cic.gc.ca/english/visit/eta.asp for important

information regarding compulsory eTA for visa‐exempt foreign nationals.

11.4 You must ensure that you are aware of any health requirements and recommended precautions relevant to

your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to

present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry

into a country. We recommend that you consult with your local doctor, travel medical service or specialist

vaccination clinic before commencing your travel. Please note that vaccinations may be recommended

before your travel departure date.

11.5 For non‐New Zealand Passport holders, you may also require a returning residents visa to re‐enter New

Zealand. Please check here for more information https://www.immigration.govt.nz/new‐zealandvisas/

apply‐for‐a‐visa/visa‐factsheet/permanent‐resident‐visa.

11.6 We recommend that you contact the Ministry of Foreign Affairs and Trade (MFAT) or visit their website at

https://www.safetravel.govt.nz/ for general travel advice, as well as specific advice (including safety alert

levels) relating to the destination you wish to visit.

12. TRAVEL INSURANCE

12.1 We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements.

Your insurance protection should include cover for cancellation, medical and repatriation expenses,

personal injury and accident, death and loss of personal baggage and money and personal liability

insurance. Evidence of such insurances must be provided to your travel consultant on request. Please be

aware that insurance cover offered by credit card companies or reciprocal medical cover agreements are

often not comprehensive.

12.2 Please contact your Searle Travel consultant to take out travel insurance through us or if you have any

questions about our travel insurance products. If you make a Travel Booking through us, and decline to take

out travel insurance, you may be required to sign a disclaimer.

13. OUR LIABILITY

13.1 To the fullest extent permitted by law, our aggregate liability under this Agreement is limited to 100% of the

total Service Fees paid or payable by you under this Agreement.

13.2 We are not liable for any technical errors, corruption of data, inaccuracies in information supplied by you or

third parties or failure to complete bookings when that failure is due to circumstances beyond our control.

13.3 Notwithstanding any other clause under these Terms, you acknowledge and agree that in no circumstances

will be we liable to you or anyone else for any loss or damage which is suffered directly or indirectly in

connection with the delivery or non‐delivery of any Travel Product or any act or omission of any Travel

Provider or other third parties. As an agent of the Travel Provider, we have no control over or liability for

the Travel Products provided by Travel Providers. We cannot guarantee the performance of the Travel

Provider and we have no liability in respect of the supply of any Travel Products including any liability in

contract, tort or otherwise, for any injury, damage, loss, delay, additional expense or inconvenience caused

directly or indirectly by any Travel Provider.

13.4 To the fullest extent permitted by law, we shall not be liable, whether in contract, tort (including

negligence), breach of statutory duty or otherwise for any loss of profit, or indirect, consequential or special

loss or damage or for any business interruption, whether or not that loss was, or ought to have been,

contemplated by us.

14. TERMINATION

14.1 We may terminate this Agreement with immediate effect by giving written notice to you if:

(a) you dishonour or attempt to dishonour any payment made to us under this Agreement (including by

way of a credit card chargeback);

(b) you breach a material obligation imposed on you under this Agreement and the breach is not capable

of being remedied, or the breach is capable of being remedied and you fail to remedy the breach to

our satisfaction within 14 Business Days of receiving notice requiring such breach to be remedied;

(c) a Force Majeure Event continues for more than seven consecutive days.

14.2 Upon the termination of this Agreement (for whatever reason):

(a) you shall promptly pay all sums due and owing to us for Services provided up to and as at the date of

termination;

(b) all rights granted under this Agreement shall immediately cease, except where they are expressed to

survive termination.

14.3 Termination of this Agreement will not affect any accrued rights or obligations of any of the Parties.

15. FORCE MAJEURE

15.1 We shall not be liable to you, or be deemed to be in breach of this Agreement, as a result of any delay or

failure to perform our obligations in booking the Travel Product or otherwise providing the Services due to

any event that is beyond our reasonable control which cannot reasonably be avoided or overcome by us

and which is not attributable to our actions, including cyber warfare, cyberattacks or ransomware attacks,

operation of the forces of nature such as earthquakes, hurricanes, lightning, typhoons or volcanic activity,

instances of exceptionally adverse weather, outbreaks of disease, epidemics or quarantine (including

COVID‐19), or acts of government authority, whether lawful or unlawful (Force Majeure Event).

16. CONFIDENTIALITY

16.1 You agree to keep confidential any non‐public financial, business or commercial information relating to us

(in any form) which you may receive or obtain in connection with this Agreement.

17. GENERAL PROVISIONS

17.1 This Agreement constitutes the entire agreement and understanding of the Parties relating to the matters

dealt with in this Agreement and supersedes and extinguishes any previous Agreement or quote (whether

oral or written) between the Parties in relation to such matters.

17.2 We will not be deemed to have waived any right under this Agreement unless the waiver is in writing and

signed by us.

17.3 If any provision of this Agreement is found by a court or other competent authority to be void or

unenforceable, such provision will be deemed to be deleted from this Agreement and the remaining

provisions of this Agreement will continue in full force and effect.

17.4 The Parties agree that the provisions of clauses Error! Reference source not found., Error! Reference

source not found., Error! Reference source not found., 14 and 16 shall survive the termination or expiry of

this Agreement.

17.5 This Agreement will be governed by and construed in accordance with the laws of New Zealand and the

Parties submit to the exclusive jurisdiction of the courts of New Zealand.