Terms of Trade and Policies
Agreement between customer and GINZ.com
Welcome to the GUEST website, hereinafter referred to as the GINZ.com website (the "Website"). This Website is operated by Michael Nees Travel NZ Ltd, and is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate bookings or otherwise transacting business with travel suppliers, and for no other purpose.
The terms "we", "us", "our" and "GINZ.com" refer to GINZ - Michael Nees Travel NZ Ltd, New Zealand. The term "you" refers to any person visiting the Website and/or making a booking through this Website or through a representatives.
This Website is offered to you expressly conditioned on your acceptance without modification of the terms, conditions and notices contained or referenced herein ("Agreement"). By accessing and/or using this Website, you agree to be bound by the Agreement. To the extent you book any travel products or services on this Website or through our call centre representatives, you agree that this Agreement shall apply to all such transactions. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website or make bookings through our call centre representatives. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to replace, change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the replacement, updated or modified Agreement.
The information contained on the Website constitutes an invitation to treat by GINZ.com and is not capable of acceptance by you. Any booking made or order placed by you shall be deemed to be an offer made by you to book the relevant travel arrangements subject to this Agreement. You hereby waive any rights to challenge the validity or enforceability of the contracts entered into on the Website on the grounds that it was made in electronic form instead of by paper and/or signed or sealed.
Use of Website
As a condition of your use of this Website, you warrant that: (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website only in accordance with this Agreement; (iv) you will not use this Website for any purpose that is unlawful or prohibited by this Agreement; (v) you will only use the Website to make legitimate bookings for you or for another person for whom you are legally authorised to act; (vi) you will inform such other persons about the terms and conditions that apply to the bookings you make on their behalf, including all rules and restrictions applicable thereto; (vii) all information supplied by you on this Website or to a call centre representative is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorised to provide such information; (viii) if you have a Website account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right, at our sole discretion, to deny anyone access to this Website and/or the services we offer, at any time and for any reason including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Website, its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) use another person’s name, ID or password without permission or use the Website while impersonating another person;
(iii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
(iv) make any speculative, false, or fraudulent booking or any booking in anticipation of demand;
(v) copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website including, without limitation, text, graphics, button, downloads and software without our express written permission, except where permitted by law;
(vi) access, monitor or copy any content or information on this Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission;
(vii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(viii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(ix) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
(x) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Supplier Rules and Restrictions
Additional terms and conditions will apply to your booking and purchase of travel-related goods and services. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any supplier with whom you elect to deal including, but not limited to, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant supplier's rules and restrictions regarding availability and use of goods or services.We reserve the right to cancel your booking if full payment is not received in a timely fashion.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover any additional expenses that may be incurred during your stay. You are responsible for the payment of any additional expenses and any deposit taken or amounts charged to your credit card by the relevant hotel are unrelated to any payment made through the Website for your hotel booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.
You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your booking(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such booking(s), and/or in our debiting your account for any costs we incur as a result of such violation.
(GINZ.com) receives room rates with hotel suppliers to facilitate bookings via third party suppliers and wholesalers. Payment is done directly through third parties or directly with service providers.
You may cancel or change your prepaid hotel booking, but you will be charged any applicable cancellation or change fee indicated in the rules and restrictions for the hotel booking (if any). If you wish to cancel or change your booking you will notify the third party or the service provider directly. You will be subject to a charge equal to the applicable nightly rates, tax recovery charges and service fees. Any policies by the third party booking provider or the service provider directly must be observed.
You are responsible for any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of bookings after they are made, as indicated in the rules and restrictions for the hotel booking. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel bookings.
From time to time, special deals or vouchers may be displayed on this Website. Such special deals and vouchers are available for a limited time only. You must check with us as to whether a special displayed on the Website is still available. Additional terms and conditions may apply to special deals or the use of vouchers. You must check the Website or the third party provider of the special deal to determine whether any particular terms and conditions apply.
Passports, Visas and Documentation
It is the responsibility of the traveller to ensure that he or she:
(a) complies with all applicable government travel requirements including, without limitation, obtaining a passport and visas to enter the destinations to which you are traveling; and
(b) checks in by the required check-in time.
As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience.
Passports are required for all travellers departing New Zealand, and for international travel generally. Many countries require that foreign nationals entering hold a passport that is valid for a minimum period after you enter that country, typically 6 months.
When purchasing air travel, the name on the passport must match the name on the ticket, otherwise you may not be able to travel and insurance may be invalid. If, after purchasing products or services but before traveling, any member of your party changes their name you must notify the relevant carrier or us immediately so that the necessary changes can be made to your documentation.
It is the responsibility of the traveller to obtain information and advice on the visa requirements of the destinations you propose to visit. New Zealand citizens should contact the nearest embassy, high commission or consulate of the country you intend to visit well in advance of travel.
The above information and any links are provided in good faith but should be treated as a guide only. Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so you are advised to apply in plenty of time. We accept no responsibility in any regard in relation thereto including, without limitation, for customers who do not possess the correct travel documents.
Health and Travel Insurance
It is the responsibility of all travellers to ensure they comply with all health requirements associated with their travel including, without limitation, any requirements relating to flying while pregnant and taking prescription and non-prescription medication into other countries. It is recommended that all travellers obtain travel insurance against loss, damage, illness, injury or other unexpected circumstances.
The information, software, products, and services published on this Website may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, GINZ.com and the Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, GINZ.com expressly reserves the right to correct any pricing errors on our Website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and the GINZ.com and the Affiliates do not guarantee the accuracy of the ratings. To the maximum extent permitted by law, GINZ.com, the Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. GINZ.com, the Affiliates and their respective suppliers may make improvements and/or changes on this Website at any time
To the maximum extent permitted by law, GINZ.com, the Affiliates, and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the GINZ.com or the Affiliates. All such information, software, products, and services are provided "as is" without warranty of any kind. To the maximum extent permitted by law, the GINZ.com, the Affiliates, and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from GINZ.com, the Affiliates, and/or their respective suppliers are free of viruses or other harmful components. To the maximum extent permitted by law, GINZ.com, the Affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the GINZ.com, or the Affiliates. The GINZ.com and the Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. To the maximum extent permitted by law, the GINZ.com and the Affiliates have no liability and will make no refund in the event of any disappointment, delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
Important: This Agreement and foregoing disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law (including your statutory rights under any applicable legislation including the Fair Trading Act 1986 (NZ))..
Limitation of Liability
To the maximum extent permitted by law, in no event shall GINZ.com, the Affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if GINZ.com, the Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
You agree to defend and indemnify GINZ.com, the Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website
Link to Third Party Sites
This Website may contain hyperlinks to websites operated by parties other than GINZ.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Banking and Credit Card Fees
Many card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a booking made on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
For quick answers to your questions or ways to contact us by email or phone:
++64 (0)21 629 498
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