1. User agreement
2. Registration and User Requirements
2.1 You must be a registered member to make orders and access some features of the Website. You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
2.2 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
2.3 To register an account and use the Website you must be at least 18 years old, and have capacity to enter into a legally binding agreement with us.
3. Access and use of the Website
3.1 You must only use the Website through the interfaces provided by us, and must only use the Website in accordance with these terms and any applicable law.
3.2 You must not (or attempt to):
3.2.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that
3.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools
3.2.3 interfere (or attempt to interfere) with security-related or other features of our site; or
3.2.4 use, copy or distribute (or attempt to use, copy or distribute) without our express permission.
3.3 We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
3.4 You must not use another member's account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
3.5 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our own.
4. Information on this Website
4.1 Information about travel packages on the Website is based on material provided by third party hotel/resort suppliers (referred to in this Agreement as “suppliers" or “third party suppliers”). Except as required by law (including New Zealand Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
4.2 You agree to make your own enquiries to verify information provided and to assess the suitability of the travel packages (including products or services) before you order a voucher.
5. Disclaimer and Liability
5.1 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
5.1.1 errors, mistakes or inaccuracies on the Website;
5.1.2 you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;
5.1.3 personal injury or property damage of any nature resulting from your access to or use of the Website;
5.1.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5.1.5 any interruption or cessation of transmission to or from the Website;
5.1.6 any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
5.1.7 the quality of any product or service of any linked sites.
5.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party suppliers of goods and services.
5.3 Where any law (including New Zealand Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
5.4 Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
5.5 It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the supplier to be insured or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking of services. Travel Publications Ltd accepts no liability in this regard.
6.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
7. Placing Orders
7.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
7.2 The promotion of vouchers for travel packages on the Website does not constitute an offer to sell. It is an invitation to treat only.
7.3 Orders placed by you are offers to purchase:
7.3.1 a voucher for a particular travel package (including goods and/or services) under the terms and conditions in this Agreement, and any third party supplier terms and conditions at the price specified (including delivery and other charges); or
7.3.2 goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
7.4 Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
7.5 We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.
7.6 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
8. Price, Payment and Discount Codes
8.1 The prices of vouchers are shown are in New Zealand dollars and are current at the time of display, but may be subject to change. All payments must be received in full prior to dispatch of a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold vouchers against your order.
8.2 A discount code is only valid for a single transaction per address, and may not be used in conjunction with any other discounts.
9. Vouchers: Use and Redemption of a LUXURY Holidays Voucher
9.1 Vouchers will be emailed to you within 48 hours of purchase. Please contact us if you have not received your voucher within this time frame. We cannot be held liable nor responsible for any loss suffered as a result of a voucher not being received by you due to circumstances beyond our reasonable control.
9.2 All vouchers sold on the Website are offered on behalf of third party suppliers. Any voucher you purchase shall be redeemable only for the specified travel package (including goods or services) from the relevant supplier and shall only be available for redemption during the period specified on the voucher. The supplier, and not LUXURY Holidays, is the seller and supplier of the goods/services to which the voucher relates and is solely responsible for honouring any LUXURY Holidays voucher you purchase.
9.4 To the extent permitted by law (including New Zealand Consumer Law), LUXURY Holidays makes no warranty or representation regarding the standard of any goods or services to be supplied by the supplier.
9.5 The LUXURY Holidays voucher does not function as a stored-value card and cannot be redeemed incrementally. The voucher cannot be exchanged or redeemed for cash. A voucher cannot be combined with any other discount or promotional offer unless specified by the supplier.
9.6 Neither LUXURY Holidays nor the supplier is responsible for lost or stolen vouchers or fraudulent use (by a person other than LUXURY Holidays or the supplier) of the voucher’s unique reference number.
9.7 LUXURY Holidays vouchers may contain terms and conditions known as the 'Fine Print' that supplement, and are to be read as in addition to this Agreement. In the event of any inconsistency between the ‘Fine Print’ and this Agreement, the ‘Fine Print’ will prevail.
9.8 LUXURY Holidays vouchers may be transferred, assigned or gifted to other persons (“Gift Recipient”) and may be redeemed by the Gift Recipient in accordance with this Agreement.
10. Vouchers: Availability of Goods and Services and Scheduling
10.1 You agree and acknowledge that:
10.1.1 suppliers are under no obligation to give you priority over other, full paying or ordinary customers in respect of booking or scheduling for their services, and all services are rendered subject to availability.
10.1.2 where suppliers offer an experience based on an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;
10.1.3 the suppliers may impose conditions such as a minimum age or other restrictions regarding weight, health or other factors. It is your responsibility to confirm details of any restrictions that may apply from the supplier prior to purchasing any LUXURY Holidays voucher, or finalising any booking and confirm that you are able to comply;
10.1.4 photographs appearing on our website to illustrate details of offers of suppliers are generally those made available to us by suppliers or chosen by us. They are intended to be indicative only of the services, venues and locations at which services are offered by suppliers. For example, they may depict only one of various venues and locations at which the services are offered and given your geographic location this may not be the venue or location applicable to you;
10.1.5 a representation on the website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;
11. Vouchers: Bookings and Cancellations
11.1 All services promoted on the Website are offered by suppliers and are subject to availability. For the redemption of all vouchers, we recommend making bookings as soon as possible. Peak times (such as school holidays) may be unavailable. We do not guarantee availability of your preferred dates.
11.2 Suppliers reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Except as required by law (including New Zealand Consumer Law), we will not be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.
12. Vouchers: Refunds Policy
12.1 Upon receipt of your complaint, we will endeavour to contact the supplier and resolve the complaint on your behalf. If your complaint cannot be resolved, we will provide you a remedy in accordance with these terms and conditions and your statutory rights.
12.2 You will be entitled to a refund or rebooking or other remedy (in accordance with your statutory rights) when:
12.2.1 The supplier fails to or cannot provide the goods or services within the validity period;
12.2.2 The goods or services supplied by the supplier are not reasonably fit for the purpose described, not of acceptable quality, or the goods or services are materially different to what we advertised;
12.2.3 We have chosen to withdraw the deal from sale
12.3 We will only refund you in accordance with clause 13.2.1 where you have made reasonable attempts to use your voucher during the validity period, and you can provide reasonable evidence of your attempts. All services promoted on the Website are offered by suppliers subject to availability. Neither LUXURY Holidays nor the supplier is responsible where you are unable to redeem your voucher for reasons beyond LUXURY Holidays’ or the supplier’s control, including where you are unable to redeem your voucher because, through reasons of your own cannot meet available booking/redemption times. We will review each claim on a case-by-case basis in accordance with our refund policy.
12.4 Where a booking is cancelled for reasons beyond the supplier’s control (including cancelled flights or bad weather), you must allow the supplier opportunity to provide you with alternative booking times, subject to the availability and the terms of the voucher. If available within a reasonable period of time after the expiry of the voucher, the supplier may provide you with a booking after the validity period. You will be entitled to a refund where:
12.4.1 Your booking or appointment is cancelled by the supplier consecutively more that 3 times within the validity period; or
12.4.2 If required, you are provided with an alternative booking or appointment outside the validity period, which is subsequently cancelled by the supplier.
12.5 If you fail to:
12.5.1 contact the supplier within any advertised ‘Book By’ date,; or
12.5.2 make reasonable attempts to secure a booking during the validity period; your voucher will be void and non-refundable.
12.6 Expired vouchers are non-refundable.
13. LUXURY Holidays Travel Guarantee
13.1 The following Travel Guarantee only applies where it is specifically stated in the Deal Listing that it is applicable to the relevant Travel Deal Package.
13.2 If, within 14 days of purchasing your LUXURY Holidays voucher ("Guarantee Period") you attempt to make a booking for your voucher, and have been unable to secure your preferred travel and/or accommodation dates (including flights), we will cancel your voucher, and issue you with a refund (using the payment method used for purchase) or a Store Credit (at your election) to the value of your purchase.
13.3 You must contact LUXURY Holidays by telephone within the Guarantee Period in order to claim under the Travel Guarantee and present evidence of your attempt to make your travel booking.
14. Vouchers: Process for Claiming a Refund or Store Credit
14.1 Your request for a refund or Store Credit must be submitted to the LUXURY Holidays team by email or the Contact Us form. Your request must, where applicable:
14.1.1 include the LUXURY Holidays voucher number;
14.1.2 include a detailed description of your experience or issue; and
14.1.3 be received by us within a reasonable time (at our discretion) of your complaint arising.
14.2 We may verify the details of your refund or Store Credit request with the supplier, and by asking you to provide more information and proof.
14.3 Where we issue a refund, it will be issued via the same payment method that you used to purchase the voucher or otherwise as determined by us.
14.4 We may refuse requests or complaints that we believe are not valid.
14.5 The refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.
15. Intellectual Property
15.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
15.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
15.3 You may not:
(a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
15.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
16. Transfer and Assignment
16.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
(a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.
17.1 We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
17.2 This Agreement will be governed by and interpreted in accordance with the laws of New Zealand.
17.3 If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
17.4 If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
18. Privacy and Personal information