Trading Terms and Conditions
“Esytravel” means Esytravel.com or other related websites which are owned by Esytravel.com NZ Ltd.
“Agent” means the booking agent who buys or books products or services from Esytravel on behalf of the end user or refers end user to buy or book products or services from Esytravel.
“Client” means the end user who buys or books products or services from the Agent.
“Operator” means the supplier of products or services which the Agent buys or books from Esytravel.
“Services” means all services supplied by the operator to the Client.
“Products” means all activities, tours and all other goods and services supplied by the operator to the Client.
“Document” means these Trading Terms and Conditions.
“No show” means the Client or the Client’s party or group has failed to meet their obligation to attend the booking, reservation, function, or event that the Agent had instructed/booked with Esytravel for the Operator to provide goods and/or services on a specific date and time.
“Booking” means an event, reservation, or function.
“Event” means a booking, reservation, or function.
Any written or verbal or online instruction received by Esytravel from the Agent for the supply of Products and/or Services shall constitute that the Agent accepts to be bound by the Document. This acceptance can not be revoked unless it is within the terms of the Document or it is accompanied by the written approval of the management staff of Esytravel. Esytravel is not bound by any unauthorised statements, conditions, or agreements made by the Agents or servants that do not adhere to this Document. Esytravel at its discretion may request the Agent to pay a monetary deposit before confirming a Booking/Event. The deposit will be determined by Esytravel and may be calculated as a percentage of the estimated invoice value of the entire Booking/Event. Where Esytravel requests a deposit from the Agent for confirmation of a Booking/Event, confirmation of the Booking/Event will only be made to the Agent from Esytravel once the deposit is receipted as cleared funds in Esytravel’s bank account.
Where the Agent wishes to cancel a Booking/Event made with Esytravel, the Agent must either immediately provide written or email notification to Esytravel of its intention to cancel all or part of the Booking/Event, or cancel the booking via agent login on Esytravel. All cancellation must be made before the Operator’s cancellation deadline. In the event the Agent cancels all or part of the Booking/Event before three days prior to commencement of the Booking, Esytravel reserves the right to retain the deposit and/or invoice the Agent for any additional setup costs incurred prior by the cancellation. In the event the Agent cancels all or part of the Booking/Event within three days prior to commencement of the Booking, Esytravel reserves the right to retain the Agent’s deposit and/or invoice the Agent for any additional setup costs and/or projected loss of revenue incurred by the late cancellation. In the event the Client does not show (i.e. “no show”) for a Booking/Event, Esytravel will retain the Agent’s deposit and invoice the Agent for the full cost of the Booking/Event. Esytravel reserves the right to cancel a Booking/Event at any time. Esytravel will endeavour to give the Agent adequate notice of such a cancellation and where appropriate will assist the Agent in sourcing alternative arrangements. Where Esytravel has cancelled the Booking/Event, Esytravel will refund the deposit in full.
Rates are quoted in the currency shown with the products and services on Esytravel website. All rates as quoted are net per person, unless otherwise stated and are inclusive of goods and services tax.
Under no circumstances will Esytravel be responsible to the Agent for any claim or damage (financial or other) caused as a result of Esytravel or the operator failure to provide any Goods and/or Services.
6. Payment Terms
Payment is required prior to, or upon arrival; or where credit has been arranged (in writing), payment is required by the 15th day of the next month following the invoice date. Esytravel reserves the right to charge the Agent 5% interest per month on all amounts that have not been paid in full by the 15th of the next month following the invoice date. If Esytravel is forced to use debt recovery services to collect any outstanding amount/s from the Agent, Esytravel will invoice the Agent and the Agent will become liable for any additional costs incurred to recover the outstanding amount/s. Clause 6 shall survive from the termination or expiry of the trading agreement between the Agent and Esytravel.
7. Reservation of Title
Until Esytravel has been paid in full for all Goods and/or Services, all monies received by the Agent shall be the property of Esytravel and such monies shall be kept separate, accounted for and identified as being monies held by the Agent on trust for Esytravel to be paid or applied only as Esytravel directs.
Any complaint must be made in writing within seven working days of the Goods and/or Services being provided.
9. General Lien/Right of Disposal
Esytravel will in respect of all outstanding amount/s due from the Agent have a general lien on any goods and property in Esytravel’s hands and shall be entitled on the expiry of fourteen days notice, to dispose of the goods or property as Esytravel thinks fit and apply the proceeds towards the outstanding amount/s.
10. Esytravel’s Liability
Esytravel shall not be held liable for any loss of any kind whatsoever suffered by the Agent due to any malfunction of any equipment or facilities used by Esytravel or the Operator to provide Goods and/or Services which results in Esytravel or the Operator failing to provide any Goods and/or Services. Notwithstanding anything else contained in this Document, the liability of Esytravel to the Agent, whether in contract or in tort, in respect of all claims, will not in the aggregate exceed the cost of the Goods and/or Services.
The Agent making the Booking/Event will indemnify Esytravel against all costs incurred and losses suffered by Esytravel including costs on solicitor/client basis, resulting from the acts or omission of the Agent.
12. Force Majeure
Esytravel will not be in any breach of the Agreement or in any way liable, if it is prevented from complying with the provision of the Agreement by reason of act of God, act of public enemy, war, earthquake, riot, fire, storm, flood, explosion, compliance with any law of government restraint order, rule regulations, strikes, lockouts or any other cause not reasonably within the control of Esytravel.
13. Agent’s Disclaimer
The Agent hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to it by any servant or representative of Esytravel and the Agent acknowledges that it buys the Goods and/or Services relying solely upon its own skill and judgment and that Esytravel shall not be bound by nor responsible for any term, condition, representation or warranty other than given by Esytravel which warranty shall be personal to the Agent and shall not be transferable to any subsequent buyer or client.
Unless the Agent has received written confirmation from Esytravel to the contrary, the terms of the Document apply to all transactions between the Agent and Esytravel. The Agent shall not offset against amounts due to Esytravel. Esytravel may assign all or part of its rights or obligations without the Agent’s consent. Esytravel reserves the right to review and change the terms of the Document at anytime. Any such change will only take affect once Esytravel has published the changes on Esytravel website or by notification to the Agent. If any provision within the terms of the Document is determined invalid, void, or illegal, the remaining terms shall not be affected, prejudiced or impaired by such a ruling.