VERSION 3: 1st October 2022
1 APPLICATION OF TERMS
1.1 These Terms apply to your use of the Websites and its subdomains, including all sub webpages. By accessing and using the Websites:
a you agree to these Terms; and
b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
These terms and conditions are between Pacific Jane Ltd New Zealand, (“company”, “we”, “us” or “our”) and all persons named on the itinerary/booking form/enquire from etc. (“you”, “your”).
We reserve the right to amend pricing at any time.
We reserve the right to amend any quoted pricing at any time. For customers who have paid a deposit the quoted price will remain as per trip quoted price on the day of the paid deposit.
From time to time events outside of our control mean that itinerary components may need to be replaced. We guarantee that the replacement product or service will be of equal or higher quality.
Whereby third party information from accommodation providers and or activity providers is incorrect or inaccurate PacificJane is acting as an agent for these suppliers.
Any information provided is done so with the understanding that the information may have been provided by a third party and should therefore only be used as a guideline. We may use third-party suppliers or providers of some services and products and as such acts as agents for those suppliers.
Any claim or liability resulting from those services or products is the responsibility of the supplier or provider.The company, its employees, independent contractors, suppliers and any person acting on behalf of the company accept no responsibility for damage or loss to property or person however caused.
The company prides itself on operating with honest, fair and reasonable business practices and has been built on providing excellent service and product to its guests. Should you feel that the product or service you have experienced did not live up to our promise then please contact the General Manager (phone number). All possible actions will be undertaken to rectify the situation to your satisfaction.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 20 January 2021.
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Pacificjane.com, nzjane.com or Pacific Jane Ltd.
Website means URL
You mean you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org
4.3 You must:
a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email@example.com
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5 INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
5.1 PHOTOGRAPHY AND IMAGES
If we have inadvertently used your photograph without your permission we apologise and will remove the photograph immediately. Any use without permission is an oversight. It is usual practice to request permission for use of photographs posted on Facebook or Instagram or other social media channels. Please email firstname.lastname@example.org with details of the potential copyright infringement.
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a the Website being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through the Website;
c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the lawsP of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7.1 To the maximum extent permitted by law:
a you access and use the Website at your own risk; and
b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
8.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
8.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
8.3 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
8.5 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
b in relation to the proposed purchase or acquisition of our business or assets; or
c where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
8.6 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
8.7 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at email@example.com make sure we use the same email address everywhere
9 SUSPENSION AND TERMINATION
9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
9.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
10.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
10.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
10.3 For us to waive a right under these Terms, the waiver must be in writing.
10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
10.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
ADVERTISING ON THE WEBSITE
DIRECT BANK TRANSFER
Please make your payment including all bank charges and transfer fees to Pacific Jane Ltd Account:
Account No. 12-3109-0134479-50
Beneficiary Bank Address: ASB Bank Limited, 12 Jellicoe Street, Auckland Central, Auckland 1010, New Zealand
SWIFT No: ASBBNZ2A
4.3 Paypal – online payments to firstname.lastname@example.org
4.4 Over the phone – For all credit card payments made over the phone or online there is a 2% credit card fee per transaction. (AMEX 2.5%)
How can I track the traffic from the ads placed on your website?
Our customers will need to supply Pacific Jane Ltd with trackable URLs.
Use the GA URL builder to create trackable links
The URL builder will pass on the source, medium, campaign name, etc into Google Analytics. When you look in Google Analytics you will see those values showing up under Acquisition > Campaigns > All Campaigns. At the top of the table you can click on Campaign, Source or Medium headings to see any traffic that has come from our ads.
WHAT IS THE DIFFENCE BETWEEN GAM AND GA
GAM is a google ad manager, GA is google analytics
Linking your Google Ad Manager account to Analytics (GA) provides a unified view of ad revenue and user behavior to help improve your monetization strategy. Google Ad Manager and Analytics measure different metrics at different points in the user funnel which can result in a discrepancies. This article will answer questions about differences between the two products.
Google Ad Manager uses an Interactive Advertising Bureau (IAB) compliant counting methodology to make sure that impressions and clicks are reported with maximum precision. Note: The Google Ad Manager reports found within GA are approximate and intended to be used to identify trends. These reports should not be used for accounting work or financial reconciliation.
THIRD PARTY– TOUR BOOKINGS
General terms & conditions
a) You accept financial responsibility for all transactions made under your name or account
b) You warrant that you are 18 years of age or over and have legal capacity.
c) You warrant that all information you provide about yourself or anyone else shall be true and accurate.
d) You shall not use the Website for speculative, false or fraudulent bookings.
Visas are the passengers own responsibility. For more information please log on to www.mfat.govt.nz. Please check with the respective Embassy or Consulate of each country that you are scheduled to visit or transit in as many destinations require visas for both New Zealand and Non-New Zealand Passport holders. Please ensure you have at least 6 months validity on your passport on your return and your first name and surname displayed on your air ticket are exactly the same as appears on your passport.
Prices on the Pacific Jane Ltd website are subject to change without notice. Although every care has been taken, the prices are not guaranteed until paid in full and documents have been issued.
Prices Do Not Include Items of a personal nature (such as telephone calls, alcoholic beverages, gratuities, etc.), transport, home port to destination and return (unless indicated).
Except to the extent that the law imposes a non-excludable liability:
а) All bookings for products on the Pacific Jane Ltd website are accepted subject to the conditions of carriage and other conditions imposed by suppliers and subcontractors to Pacific Jane Ltd. Travelers should be aware that there is no relationship or joint venture, partnership or employment between Pacific Jane Ltd and any suppliers or subcontractors named on the site.
b) Pacific Jane Ltd does not guarantee or warrant the standard, class or fitness for purpose of any product or service mentioned;
c) In compiling the web site Pacific Jane Ltd has used information supplied to it by the operators of the relevant services. Pacific Jane Ltd has endeavored to ensure that the information contained on the web site is correct but clients should not rely, and are not invited to rely on the accuracy or validity of any information on the web site as the basis for any action, refraining from acting or disbursement and Pacific Jane Ltd expressly disclaims any liability for any loss or damage incurred by clients arising out of any such acts or omission or disbursements.
a) loss to;
b) personal injury death or illness of;
c) damage or theft of personal property of any sort of;
d) expense of inconvenience caused through delay to;
e) disappointed expectation of;
f) accident befalling; the traveler or any dependents, arising out of any negligent act or omission, breach of any duty imposed by statute, breach of any law of the place of destination or on route to or from the destination, tort (whether intentional or unintentional), or breach of a contractual term, whether expressed or implied or breach of duty arising under or imposed by any law on the part of Pacific Jane Ltd, its servants or agents or of any sub-contractor or supplier of any product or service on the Web Site.
a) Pacific Jane Ltd does require a minimum number of bookings in order for a tour to proceed. This means that in the event of our minimum numbers not being reached, it may be necessary to cancel or postpone a scheduled tour. In this event, we will endeavour to offer an alternative tour date.
b) The last possible date on which a decision for a tour to be cancelled will be no later than 30 days prior to departure.
c) Pacific Jane Ltd restricts guests number to a maximum of 20 persons per tour. Prior to booking any flights or making any travel arrangements customers are required to receive a confirmation from Pacific Jane Ltd to confirm their place on tour. In this case, it would be a ‘welcome letter’ sent via email from Pacific Jane Ltd.
If you are injured whilst in NZ, ACC may be able to help with the cost of the treatment & support you need whilst in NZ. However, it is important to be aware that you cannot sue for personal injury – ACC replaces that right. Furthermore, ACC only covers treatment and rehabilitation costs whilst in NZ; It is not a replacement for travel insurance and does not cover illness, disrupted travel plans or emergency travel to get you home. You will need to check your legal rights to access ACC if you are not a New Zealand citizen.
PACIFIC JANE TOURS
AT THIS POINT (November 2022) Pacific Jane does NOT operate tours. We will continue to advertise third party tours. The terms and conditions below apply only in the event of a Pacific Jane tour operating.
3.4 No refund will be given if you voluntarily leave a tour for any reason.
3.1 Pacific Jane Ltd reserves the right to make changes to their itineraries or cancel any tour, including a guaranteed tour, either prior to the tour starting or during the tour.
3.2 If Pacific Jane Ltd cancels a tour in which you are holding a fully paid booking you may choose between an alternative tour or a full refund. Pacific Jane Ltd holds no responsibility for any incidental expenses that you may have occurred as a result of your booking being cancelled.
3.3 If the alternative tour chosen is of a lower value than that originally booked then you are entitled to a refund of the price difference. If the difference is higher you must pay the difference.
Travel Insurance for Pacific Jane tours (NOTE PACIFIC JANE LTD DOES NOT MANAGE ANY TOURS DIRECTLY – CONSULT WITH TOUR PROVIDER FOR DETAILS)
To safeguard your tour payment in the event of your having to cancel your reservation or curtail your tour we highly recommend you take out domestic cancellation insurance at the same time as you make your booking as any cancellations received will be charged according to our terms and conditions above.
PacificJane reserves the right to use photographs or videos taken during tours for promotional purposes. This may include, but is not limited to, use online, in printed material or at public events.
Itineraries are subject to alteration without notice & are intended as a guide only. Pacific Jane Ltd reserves the right to change the itinerary without any notice. Any additional expenses incurred by the passenger is not Pacific Jane Ltd responsibility. Pacific Jane Ltd can give no guarantees as to the exact arrival & departure times for carriers and operators used by Pacific Jane Ltd D & will not be liable for the failure of any services or attractions beyond its control.
Most airlines state that there is no need to re-confirm your departure times and flight numbers. Nonetheless, Pacific Jane Ltd will not take responsibility for any flight time or flight number alteration made by airlines. Pacific Jane Ltd strongly advise that all flights should be re-confirmed by phone with the relevant airline at least 72 hours prior to departure for each individual flight.
Special requests will be always passed on to the travel providers but can never be guaranteed. Pacific Jane Ltd should be advised of any special request no later than 7 days prior to departure.
Government regulations forbid smoking in tourist coaches. The vast majority of NZ accommodation are also non-smoking, with some having designated smoking areas outside.
Statutory Protections under New Zealand Law
These terms and conditions should be read subject to and in conjunction with the provisions of the Consumer Guarantees Act and the Fair Trading Act (applicable in New Zealand) and do not affect your rights as expressed in these acts.
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