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1 Introduction
1.1 These Explore Programme Terms and Conditions (‘Terms’), between you (‘Travel Seller’, ‘you’, ‘your’) and the New Zealand Tourism Board trading as Tourism New Zealand (‘TNZ’, ‘we’, ‘our’, ‘us’), apply to your participation in TNZ’s Explore Programme as set out below.
1.2 Participation: Your participation in Tourism New Zealand’s Explore New Zealand Programme (‘Explore Programme’) is conditional on (i) your acceptance of these Terms, and (ii) your acceptance to the Explore Programme by TNZ in accordance with the eligibility criteria outlined in these Terms. By submitting an application form for the Explore Programme, you confirm your acceptance of these Terms.
1.3 By participating in the Explore Programme, you will receive access to offers for discounted goods and services listed by eligible New Zealand tourism operators (‘Explore Operators’) on www.traveltrade.newzealand.com(opens in new window) (‘Explore Offers’).
2 International Travel Sellers
2.1 The Explore Programme is available to individual travel sellers located outside of New Zealand, who meet the criteria outlined in clause 3 below (‘Eligibility Criteria’).
2.2: In addition to the Eligibility Criteria, the following requirements and restrictions apply to participation in the Explore Programme:
a Proof of IATA or CLIA number may be required if requested by TNZ (for North American agents);
b TNZ does not accept entire companies to be on the programme – only individual employees or other personnel from travel companies or other agencies may apply to participate;
c If TNZ accepts your application to participate in the Explore Programme, this acceptance is valid for the one specified person only;
d If you are travelling as a couple, then notwithstanding that both persons are eligible travel sellers, only one person per couple will be accepted, issued with an Explore Pass (as defined below) and eligible to make use of Explore Offers; and
e Acceptance is valid for one trip only – if you wish to travel to New Zealand again and make use of the Explore Programme then you will need to make a new application.
2.3 Travel seller responsibilities: All travel sellers must:
a Comply with the terms and conditions applicable to Explore Offers, as notified by the relevant Explore Operator;
b Comply with all laws applicable to participation in the Explore Programme and use of goods and services that are the subject of Explore Offers;
c Conduct themselves in a manner that upholds the highest standards of behaviour and good manners and show respect towards other travellers, Explore Operators, local residents, and property, and not display any behaviour that TNZ or Explore Operators deem (each in their sole discretion) inappropriate, disruptive, harmful, or disrespectful;
d Keep all information regarding the Explore Programme and Explore Offers (including any discounts, special offers, and exclusive arrangements) confidential and not disclose to the public, any third party, or otherwise discuss such information with other travellers;
e Not do anything to mislead TNZ or Explore Operators; and
f Not do anything to tarnish the business, brand or reputation of TNZ.
2.4 Travel and entry requirements: You acknowledge and agree that TNZ will not be responsible for, nor will we provide any assistance with, your satisfaction of any travel or entry requirements for New Zealand, including without limitation any requirements relating to passports, visas or electronic travel authorities. You will be responsible for meeting any applicable requirements for your travel to and entry into New Zealand and your ability to receive the benefit of your Explore Pass and Bookings will be dependent on this. In accordance with clause 10.1, TNZ will not be liable for any costs you may incur as a result of your inability to travel to New Zealand and make use of Bookings.
2.5 Without limiting TNZ’s rights and remedies under these Terms or at law, and in addition to any rights and remedies Explore Operators may have under the terms and conditions applicable to Explore Offers or at law, Explore Operators may reject, restrict, suspend, and/or terminate your access to and/or entitlements under an Explore Offer, and/or remove you from any tour carried out under an Explore Offer at any time (at the relevant Explore Operator’s discretion) if you fail or are likely to fail to comply with clause 2.3 (in the relevant Explore Operator’s reasonable opinion). For the purposes of Part 2 of the Contract and Commercial Law Act 2017, this clause 2.5 is for the benefit of TNZ and the Explore Operators. However, nothing in this clause 2.5 makes an Explore Operator a party to these Terms.
3 Eligibility
3.1 Eligibility criteria: The following criteria will apply to all travel sellers who apply for acceptance to the Explore Programme. The applicable criteria will depend on the location you are based in, as set out in the table below.
4 Application Process
4.1 In order to particulate in the Explore Programme, and receive access to Explore Offers, you must apply online at traveltrade.newzealand.com and provide all of the information requested by TNZ. TNZ will use reasonable endeavours to review your application within ten (10) working days. TNZ reserves the right to approve or reject your application in its sole discretion.
4.2 If your application is approved, you will receive a confirmation email with a unique Explore New Zealand Pass Unique Identifier (‘Explore Pass’) and a link to view Explore Offers.
4.3 Registration data: You agree to provide accurate and complete information when you register with, and as you participate in, the Explore Programme (‘Registration Data’), and you agree to update your Registration Data to keep it accurate and complete. You agree that TNZ may store, use and disclose any Registration Data you provide to administer your participation in the Explore Programme, and otherwise in accordance with clause 9.
5 Travel Period
5.1 Travel sellers are encouraged to travel to New Zealand between April and October. This is not mandatory, but you acknowledge that certain Explore Offers may have limited, or no, availability outside of this time period. The Explore Programme is not available during the months of December to February (inclusive) (‘Close Out Period’). Explore Offers will not be available, and Explore Passes will not be issued for travel, during the Close Out Period.
5.2 Explore Operators may approve bookings for Explore Offers outside of the time period in 5.1 (with the exception of the Close Out Period) subject to availability and their discretion.
5.3 Travel sellers may utilise the Explore Programme for trips to New Zealand of up to 30 days.
6 Booking Process
6.1 Explore Offer bookings must be made directly with the Explore Operator via email, or online using the operator discount code provided to you, at least 30 days prior to your date of travel to New Zealand. Each Explore Operator reserves the right to approve or decline your booking request.
6.2 Bookings are subject to availability and are also subject to the operator’s specific booking conditions listed on the Explore New Zealand Discount Programme PDF.
6.3 You must inform TNZ of all confirmed Explore Offer bookings via this form(opens in new window) at least 5 days prior to travel to New Zealand, or as soon as your booking has been confirmed if you have not received confirmation at least 5 days prior to travel.
6.4 Please show a copy (electronic or print out) of your Explore Programme approval email with unique Explore Pass to each Explore Operator.
6.5 Explore Operators will not accept walk-in bookings on the day, unless specified in the operator’s booking conditions shown in the Explore Offer listing.
6.6 Where applicable, airline bookings must be made directly with the airline in accordance with their booking conditions.
6.7 TNZ may, from time to time, provide information about suggested travel itineraries based on certain travel regions or categories of goods/services. Where you wish to make Explore Offer bookings based on suggested travel itineraries, you acknowledge that you will be responsible for making bookings for the relevant Explore Offers and TNZ does not guarantee the availability of any Explore Offer during your intended travel period.
7 Post-travel survey
7.1 Travel sellers who visit New Zealand using the Explore Programme will be asked to complete a post-travel survey no earlier than 90 days and no later than 100 days after departing New Zealand.
7.2 TNZ may, from time to time in its sole discretion, offer small financial incentives (e.g. gift cards) in order to encourage compliance with clause 6.1. This will only apply to the extent expressly notified to you by TNZ.
7.3 Commercial electronic messages: By accepting these terms and providing us with your email address you consent to receive emails from TNZ about post-travel surveys, as well as other commercial electronic messages marketing and promoting goods and services which TNZ considers may be of interest to you. You also consent to receiving any electronic messages containing updated information in relation to the Explore Programme and various other information of related interest. You may unsubscribe at any time to receiving such messages by following the unsubscribe process specified in any such electronic message that you receive.
8 Warranties
8.1 Your warranties: You warrant and represent that:
a all information you provide to TNZ in connection with these Terms is accurate, true and complete;
b you will meet, and will continue to meet, the applicable Eligibility Criteria in clause 3.1;
b you are, and will at all times be, compliant with clause 2.3 and all laws applicable to your participation in the Explore Programme and use of goods and services that are the subject of Explore Offers.
8.2 No TNZ warranty: While TNZ endeavours to ensure that the information it publishes relating to the Explore Programme is free from errors, TNZ does not give any warranty or other assurance as to the content of information provided. If you become aware of any error please notify us as soon as practicable for TNZ to correct it. To the maximum extent permitted by law, TNZ provides the Explore Programme feature on www.traveltrade.newzealand.com, and related information, material, content, and services, on an ‘as is’ basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) as to the functioning or availability of the Explore Programme feature or TNZ’s website at www.traveltrade.newzealand.com. You also acknowledge and agree that the listing of Explore Offers, or the provision of suggested itineraries, on TNZ’s website or other platforms does not constitute any warranty, representation, guarantee, endorsement, recommendation or advice from TNZ with respect to any Explore Operator, Explore Offer, or related goods and services.
9 Privacy
9.1 Where we collect your personal information through your completion of an Explore Programme application, or you otherwise provide us with personal information (including the personal information of other individuals) in connection with these Terms, our Privacy Policy will apply to that information. These Terms must be read in conjunction with our trade website Privacy Policy available at https://traveltrade.newzealand.com/about/privacy-agreement/(opens in new window).
10 Liability
10.1 No responsibility: In making an application to participate in the Explore Programme, you acknowledge and agree that Tourism New Zealand is not responsible in any way for your trip to New Zealand, nor for any Explore Offers you may choose to use, and goods and services you may receive as a result.
10.2 Exclusion of liability: To the maximum extent permitted by law, in no event shall TNZ be liable for any incidental, special, direct, indirect, or consequential damages whatsoever, or for any loss of profits, loss of data, loss of business opportunity, or for any other commercial damages or financial losses, arising out of or related to your participation in or inability to participate in the Explore Programme, however caused, regardless of the theory of liability (contract, tort, breach of statutory duty, or otherwise) even if TNZ has been advised of the possibility of such damages or losses.
10.3 Indemnity: Your participation in the Explore Programme is voluntary. You hereby indemnify TNZ and its affiliates, distributors, licensors, and agents, and all of its and their directors or board members, employees, and agents against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your participation in the Explore Programme including without limitation any claims from third parties (including Explore Operators) arising from your use of any goods and services that are the subject of Explore Offers listed with the Explore Programme.
11 Term and termination
11.1 Term: Subject to clause 5.3, your Explore Pass will only be valid for the duration of your travel period unless terminated earlier in accordance with these Terms.
11.2 Termination: TNZ may terminate your Explore Pass with immediate effect by providing written notice: (i) at any time if you breach any of these Terms, (ii) if you do not proceed with a trip to New Zealand utilising Explore Offers within the travel dates listed on your Explore Programme application form, and/or (iii) if TNZ determines in its sole discretion that it is no longer able to make the Explore Programme available to travel sellers visiting New Zealand. If your Explore Pass is terminated in accordance with clause 11.2(i) during your travel, you agree that your entitlement to any discounts, special offers, and exclusive arrangements under the relevant Explore Offers will be forfeited.
11.3 Survival: All causes of action and any provisions, which by their terms are intended to survive termination, shall survive termination of your Explore Pass.
12 General
12.1 Notices: Correspondence to TNZ must be sent by email to traveltrade@tnz.govt.nz(opens in new window). TNZ may give you notices by sending an email message to any email address provided by you to TNZ when registering to participate in the Explore Programme.
12.2 Waiver: Any waiver by TNZ of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right.
12.3 Independent Contractors: You are acting as an independent contractor when participating in the Explore Programme. No partnership, joint venture or agency arrangement is created between you and TNZ.
12.4 Changes: We reserve the right to change these Terms from time to time by publishing the changed terms on our website at https://traveltrade.newzealand.com/ or notifying them to you at the contact details supplied when you registered to participate in the Explore Programme. You should review these terms of use periodically to be aware of such changes. Your continuing use of the Explore Programme following such publication or notification shall be deemed your acceptance of the revised terms of use, provided that any changes will only apply to you when you make a new Explore Offer booking, or a new Explore Pass application, following publication of these changes (and any existing bookings or Explore Passes will be governed by the terms applicable when those bookings or passes were made or issued).
12.5 Website terms: All use of TNZ’s website at www.newzealand.com or www.traveltrade.newzealand.com is subject to TNZ’s website terms of use at https://www.newzealand.com/nz/utilities/terms-of-use/(opens in new window) (‘Website Terms’). Accordingly, these Terms must be read in conjunction with the Website Terms, although these Terms will take precedence over the Website Terms to the extent of any inconsistency.
12.6 Governing law: These Terms shall be governed by the laws of New Zealand. The parties shall submit to the non-exclusive jurisdiction of the New Zealand courts and agree that the courts of New Zealand are a convenient forum for the purpose of hearing any dispute in relation to these Terms.