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The following Service Agreement (“Agreement”) outlines the terms and conditions under which Moxie Travel New Zealand (“Moxie Travel”) provides its services. By engaging any service offered by Moxie Travel, whether free or paid, the client (“Client”) acknowledges and agrees to the following terms and conditions.

1. Services

1.1 Scope of Services
Moxie Travel is a New Zealand-based consultancy providing advice, support, and guidance to groups and individuals planning and/or implementing an adventure or outdoor expedition within New Zealand. Moxie Travel’s services include (but are not limited to) planning consultation, logistical support, bookings and equipment hire, and in-country expedition support. Moxie Travel’s full range of services can be found at https://www.moxietravel.co.nz/our-services/.

1.2 Exclusions
The services provided do not include:
• Medical or Rescue Services: Provision or coordination of medical or rescue services.
• Legal or Financial Advice: Any legal or financial consulting.
• Insurance: Purchase or arrangement of any form of insurance, including travel, health, or liability insurance.
• International Flights: Booking or arranging international flights to or from New Zealand.
• Any activities not expressly agreed upon in writing.

1.3 Third-Party Bookings
Moxie Travel may make bookings on the Client’s behalf with a range of third-party providers (e.g., providers of accommodation, transport and outdoor activities). While Moxie Travel will endeavour to select reputable providers and confirm all bookings as requested, it does not guarantee the performance or quality of third-party services. The Client acknowledges that such bookings are subject to the terms and conditions of the respective third-party providers, and Moxie Travel is not responsible for any issues arising from these services.

1.4 Applicability
This Agreement applies to both free and paid services offered by Moxie Travel. The Client agrees to these terms regardless of whether they receive complimentary advice, information, or more structured, paid consultation and support.

2. Client Responsibilities

2.1 Accurate Information
The Client agrees to provide accurate, complete, and timely information necessary for Moxie Travel to deliver its services effectively. This includes (but is not limited to) personal information, medical and health considerations, specific skills and technical ability, level of fitness, personal preferences, and any specific requirements related to the planned activities.

2.2 Compliance with Laws
The Client must comply with all applicable local, regional, and national laws, regulations, and guidelines during their activities in New Zealand.

2.3 Personal Conduct
The Client is responsible for their conduct during their adventure or expedition. Moxie Travel is not liable for any injuries, damages, or losses resulting from the Client’s actions or negligence.

2.4 Insurance
The Client is advised to obtain comprehensive travel and health insurance that covers their adventure or outdoor expedition in New Zealand. This should include coverage for medical expenses, evacuation, trip cancellations, and personal liability.

3. Risk Acknowledgement

3.1 Engagement of Services

Moxie Travel New Zealand provides advice, support and guidance to those planning and / or implementing an adventure or outdoor expedition in New Zealand. While we strive to ensure the highest standards of safety and reliability, it is essential for our clients to understand the inherent risks involved in adventure and adventure travel. By engaging our services, you acknowledge and accept the following:

3.11 Inherent Risk
Adventure activities, including but not limited to hiking, biking, climbing, skiing, rafting, and other outdoor pursuits, carry inherent risks that may result in injury, illness, emotional harm, permanent disability, or death. These risks cannot be entirely eliminated, even with the highest level of care and precaution.

3.12 Environmental Hazards
Natural environments can be unpredictable and dangerous. Potential hazards include, but are not limited to, extreme weather conditions, avalanches, rockfalls, flooding, wildlife encounters, and difficult terrain. It is the responsibility of the client to assess and manage any environmental hazards encountered during their adventure or outdoor expedition in New Zealand.

3.13 Physical Demands
Many adventure activities require significant physical exertion and may take place in remote areas with limited access to medical facilities. Participants must be in good health and possess the necessary fitness levels for the activities they choose to undertake. It is the responsibility of the client to ensure they are physically capable of safely completing their proposed adventure or outdoor expedition in New Zealand.

3.14 Equipment and Gear
Proper use and maintenance of outdoor equipment and gear is critical to safety. It is the client’s responsibility to ensure their equipment is activity appropriate and in good working condition. Malfunction or misuse of equipment can lead to accidents and injuries.

3.15 Travel and Transportation
Travel to and from adventure locations may involve additional risks, including transportation accidents, delays, and unforeseen travel disruptions. These can affect your schedule and overall experience. It is the responsibility of the client to assess and manage their personal travel and transportation risk during their adventure or outdoor expedition in New Zealand.

3.2 Personal Responsibility
Participants are ultimately responsible for their own actions and decisions during their adventure or outdoor expedition in New Zealand. Moxie Travel New Zealand cannot be held liable for any actions or decisions made by the client before or during their adventure or outdoor expedition in New Zealand.

3.3 Assumption of Risk
By planning and / or participating in adventures or outdoor expeditions organized, supported or advised by Moxie Travel New Zealand, you voluntarily assume all risks associated with these activities. You agree to release, waive, and discharge Moxie Travel New Zealand, its employees, agents, and affiliates from any and all liability, claims, demands, or causes of action arising from or connected with your participation.

4. Limitation of Liability

4.1 No Guarantees
Moxie Travel does not guarantee specific outcomes or experiences as a result of its services. The Client acknowledges that adventure and outdoor activities involve inherent risks.

4.2 Liability Limitation
To the fullest extent permitted by law, Moxie Travel’s liability for any claim arising from this Agreement or the services provided, whether in contract, tort, or otherwise, is limited to the fees paid by the Client for the paid services. Moxie Travel assumes no liability for any free services provided.

4.3 Third-Party Services
Moxie Travel is not liable for the performance, non-performance, or actions of any third-party service providers, including those for accommodation, transport, or activities. Any issues or disputes related to third-party services must be resolved directly between the Client and the respective provider.

5. Fees & Payment

5.1 Service Fees
Fees for Moxie Travel’s paid services, along with a payment schedule, will be agreed upon in advance. This schedule will include a non-refundable deposit, which must be paid prior to the commencement of services. The remaining fees will be due according to the agreed payment schedule.

5.2 Expenses
The Client agrees to reimburse Moxie Travel for any out-of-pocket expenses incurred in providing the services, provided these expenses are agreed upon in advance.

5.3 Payment Terms
All payments are due within 7 days of invoice issuance. Late payments may incur additional charges or interest.

5.4 Payment Methods
Clients can pay by:
Bank Transfer: Payment details will be provided on the invoice.
Credit Card: Most major credit cards are accepted.

5.5 No Fee for Free Services
No fees will be charged for any free services provided by Moxie Travel. However, the terms of this Agreement still fully apply to these free services.

6. Termination

6.1 Termination by Moxie Travel
Moxie Travel reserves the right to terminate this Agreement if the Client breaches any terms, fails to make payments, or engages in unlawful or unsafe activities.

6.2 Termination by Client
The Client may terminate this Agreement at any time, provided that Moxie Travel is given at least 7 days’ written notice. The Client will be liable for any fees and expenses incurred up to the termination date for paid services. The non-refundable deposit will not be returned except at the sole discretion of Moxie Travel.

6.3 Refunds
Refunds for terminated paid services will be considered on a case-by-case basis and are at the discretion of Moxie Travel. No refunds apply to free services.

7. Confidentiality

Moxie Travel will treat all Client information as confidential and will not disclose it to third parties without the Client’s consent, except as required by law. However, relevant Client information will be disclosed to third-party operators that Moxie Travel is making bookings with on behalf of the Client. This information will be shared only to the extent necessary to facilitate the Client’s bookings and activities.

8. Force Majeure

Moxie Travel shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbances, strikes, pandemics, government actions, or failures of third-party service providers. In such events, Moxie Travel will make reasonable efforts to provide alternate arrangements or reschedule services, but the Client acknowledges that refunds or compensations for such interruptions are not guaranteed.

9. Governing Law and Dispute Resolution

9.1 Governing Law
This Agreement is governed by the laws of New Zealand.

9.2 Dispute Resolution
Any disputes arising from this Agreement shall first be attempted to be resolved through mediation. If mediation fails, disputes shall be resolved through binding arbitration in New Zealand.

10. Miscellaneous

10.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, or understandings of any kind.

10.2 Amendments
Any amendments to this Agreement must be in writing and agreed upon by both parties.

10.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

10.4 Waiver
No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

By engaging any services provided by Moxie Travel New Zealand, whether free or paid, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Service Agreement.

 

PDF Copies of this service agreement are available on request. Please contact lisa@moxietravel.co.nz or use the link below to make contact.

Last Updated: June, 2024

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