Trading Terms and Conditions
Esytravel means Esytravel.com NZ Limited which is a NZ owned company. 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 or Esytravel. Operator means the supplier of products or services which the Client buys or books from the Agent or Esytravel. Services means all services supplied by the operator to the Client. Products means all physical or nonphysical goods or services supplied by the Operator to the Client. Document means these 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 Client had instructed/booked with the Agent or 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 Client or the Agent on behalf of the Client for the supply of Products and/or Services shall constitute that the Client 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 or the Client that do not adhere to this Document.
Where the Client wishes to cancel a Booking/Event made with Esytravel, the Client must either immediately provide written or email notification to Esytravel of its intention to cancel all or part of the Booking/Event. All cancellation must be made minimum 3 days before the Booking/Event to be started and must be before the Operator’s cancellation deadline. In the event the Client cancels all or part of the Booking/Event within three days prior to commencement of the Booking/Event, Esytravel reserves the right to retain the Client’s payment/deposit for any cost 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 Client’s full payment. Esytravel reserves the right to cancel a Booking/Event at any time. Esytravel will endeavour to give the Client adequate notice of such a cancellation and where appropriate will assist the Client in sourcing alternative arrangements. Where Esytravel has cancelled the Booking/Event, Esytravel will refund the Client’s payment or 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 Client 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.
Any complaint must be made in writing within seven working days of the Goods and/or Services being provided.
7. General Lien/Right of Disposal
Esytravel will in respect of all outstanding amount/s due from the Client 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.
8. Esytravel’s Liability
Esytravel shall not be held liable for any loss of any kind whatsoever suffered by the Client 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 Client, 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 Client 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 Client.
10. Force Majeure
Esytravel will not be in any breach of this Document or in any way liable, if it is prevented from complying with the provision of Goods and/or Services 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.
11. Client’s Disclaimer
The Client 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 Client 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 Client and shall not be transferable to any subsequent buyer or client.
Esytravel is committed to data security. When sensitive information (such as a payment card number) is transited, it is protected through the use of encryption, such as the Secure Socket Layer (“SSL”) protocol. The payment gateway is a level 1 certified PCI-DSS compliant provider.
Unless the Client has received written confirmation from Esytravel to the contrary, the terms of the Document apply to all transactions between the Client and Esytravel. The Client shall not offset against amounts due to Esytravel. Esytravel may assign all or part of its rights or obligations without the Client’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. 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.
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