Terms & Conditions

Terms & Conditions

Welcome to www.5days.co.nz (the "Website"). By using the Website, and the travel package products and services of The Package Travel Company Limited ("5 Days", “us”, “our”) to book and experience travel package services available on or through the Website (referred to collectively as the "Services") you (“User”, “you”, “your”) irrevocably agree to be bound by these terms and conditions and the 5 Days’ Privacy Policy (collectively the "Terms"). You also agree to be bound by these Terms by checking the “I Agree” box when booking via our Website or signing a booking form referencing these Terms. These Terms apply both to third-party contributors and viewers of content (“Content”) displayed on the Website.

 

1.     The Term Website

The term Website, as defined above, includes, without limitation, information, links, Services, and any other service which may be accessed through the Website via any medium or device.  5 Days may use a third-party booking system, which will have its own terms and conditions available.

 

2.     Updates

You agree that by accessing the Website, you consent to receiving certain updates from the 5 Days from time-to-time, unless you unsubscribe from those updates.

 

3.     Acceptance of Terms

5 Days may, at its sole discretion, update these Terms from time-to-time, which will be displayed in this section of the Website, although we will use our best endeavours to notify you of any changes. You acknowledge that your continued use of the Website or Services after amendment to the Terms constitutes your acceptance of them.

 

4.     Payment

Payment (including all bank charges and transfer fees) must be made in advance of travel either to the bank account number nominated by 5 Days or by Visa or Mastercard, which will incur an additional fee of 2%. A monthly service fee of 2% is payable on all amounts owing to us after the due date shown on the applicable order form or invoice and you will also pay any collection and legal fees incurred to enforce payment of such amounts.

 

5.     Prices

All holiday prices are based on fares and tariffs current at the time of quotation. 5 Days reserves the right to vary the cost of tours if necessary, by reason of currency fluctuation, or component cost increase. Tour costing will be guaranteed at the price prevailing at the date of final payment.

 

6.     The Services

The Services may include goods or services from third parties such as food, accommodation, hotels, events and transport companies. You may be subject to terms and conditions under which those third party goods or services are provided and you are encouraged to familiarise yourself with such terms and conditions. 5 Days reserves the right to amend the itinerary if necessary. If this results in an alteration of third party services 5 Days will ensure that third party services of a same or similar standard are provided to you. 5 Days will not be responsible or liable in any way regarding such third party goods or services or for any loss or damage that may be incurred by you as a result of the use of such goods or services. You also release 5 Days, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, in any way related to any disputes regarding such goods or services provided by third parties.

 

7.     Cancellation Policy

In the event you wish to cancel any booking our cancellation policy is as follows:

       - 50% fee if cancellation 1 month before travel;

       - No refunds if cancellation 7 days before travel.

 

8.     Airport transfers

Airport transfers are not included in any booking fee unless separately paid for and arranged with us.

 

9.     Luggage

Luggage must not exceed 23 kilograms per person. While we will use our best endeavours to secure your luggage and property, we are not liable for any damage or theft. You should maintain adequate insurance over any luggage or property you bring with you. In the event you damage any of our equipment (including our vehicle), you must pay any excess of an insurance claim necessary to repair or replace the equipment. 

 

10.   Removal From a Tour

5 Days reserves the right to remove you from a tour if:

(a) you breach any of the Terms; or

(b) if necessary for health and safety reasons; or

(c) if your behaviour is significantly interfering with the tour operator or the experience of others.

 

11.   Disclaimer of Warranties

You expressly understand and agree that the Services are provided “AS IS” and your use of the Services is at your sole risk. No information, whether oral or written, obtained by you from 5 Days or through or from the Services shall create any warranty not expressly stated in the Terms. 5 Days further expressly disclaims all warranties and conditions of any kind related to the Website, the Services or products purchased through either, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted under law. This disclaimer will not affect your rights under the Consumer Guarantees Act 1993.

 

12.   Limitation of Liability

You expressly understand and agree that 5 Days, and its subsidiaries, agents, employees or contractors are not be liable to you for any direct, indirect, or consequential loss or damages (whether incurred directly or indirectly) or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Website or in relation to the Services (including, without limitation, as a result of breach of any warranty or other term of these Terms).

 

13.  Intellectual Property

You acknowledge that Content accessed through the Website the sole responsibility of the person that made such Content available. Such Content, including but not limited to articles, blogs, videos, advertisements, and third-party links on the Website, may be subject to intellectual property rights held by the owner of the Content. You may not use, adapt, copy or distribute Content (either in whole or in part) unless you have written permission of the Content owner and provide an equivalent license to the 5 Days. You acknowledge and agree that: (i) 5 Days (or its licensors) owns all legal right, title and interest in the Services and the Content created by 5 Days, including any intellectual property rights which subsist in the Services and (ii) that 5 Days is in no way responsible for, nor shall have any liability related to, any Content which is not created by 5 Days. Any registered and unregistered trademarks appearing on the Website belong to5 Days, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner. You hereby grant us permission to include pictures or videos of you on our Website and in our marketing materials, unless expressly objected to at the time such pictures or videos are taken.

 

14.   Dispute Resolution

The parties agree to attempt to resolve any dispute by negotiation. If parties are unable to resolve the dispute by negotiation, either party may start mediation in a forum mutually agreed to by the parties. In all other circumstances, the parties specifically consent to the exclusive jurisdiction of the Courts of New Zealand. The parties waive any jurisdictional or venue defences available to them and further consent to service of process by mail. The prevailing party shall be entitled to recover its solicitors’ fees and costs in any dispute resolved by mediation or litigation.

 

15.   General Provisions

a.     Notices. 5 Days may provide you with notices, including changes to these Terms, by sending a notice to your last-known email or address, or by posting on the Website.

b.     No Waiver. 5 Days’s failure to enforce any right or power under these Terms will not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with, any other provision of the Terms.

c.     Entire Agreement. These Terms and the Privacy Policy comprise the entire understanding and agreement between 5 Days and you and supersede any previous understanding or agreement, oral or written, relating to your use of the Website.

d.     Severability. In the event that any provision of these Terms is held invalid or unenforceable in your jurisdiction, such provision will be severed from these Terms and the remaining Terms shall remain valid and enforceable. If any invalid or unenforceable provision would be valid or enforceable if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

e.     Force Majeure. 5 Days shall not be deemed in breach of these Terms to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted, or prevented by reason of any act of God, natural disaster, act of government, or any other act or condition beyond 5 Days's reasonable control.

f.     Joint Drafting. If an ambiguity arises with respect to the interpretation of any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of these Terms.

g.     Assignment. This agreement may not be assigned by you without 5 Days’s prior consent in writing. 5 Days is permitted to assign any of its rights and obligations under these Terms at any time upon written notice to you.

h.     Governing Law. These Terms shall be governed by the laws of New Zealand and you hereby submit to the exclusive jurisdiction of the Courts of New Zealand.

 

16.   Company Details

5 Days

Address:
5-83 Bordesley Street
Phillipstown
Christchurch 8011

Phone:
+64 3 365 1945