Legal / Website Usage
Please read these terms and conditions of use (“Terms”) carefully before using or obtaining any materials, information, products or services through this Website (“this Site”). This Site is available to you strictly on the basis of your acceptance of these Terms. By accessing any content, data, materials, information, products or services through this Site (including without limitation this Site itself), or by booking any services via this Site you agree you are bound unconditionally by these Terms. If you do not accept all of these Terms, then we require you to immediately exit this Site without further utilising the same in any way.
1.1 Hoot Cruises owns this Site (including all copyright and intellectual property in it) and along with various travel and leisure service and information providers (“Providers”) referred to on this Site owns, has copyright in, and has further intellectual property in respect of its contents. Trademarks, logos and service marks displayed on this Site (“Marks”) are either Hoot Cruises’, or belong to its Providers. Your use of and access to this Site does not grant you any right to use any of the Marks.
1.2 To the maximum extent permitted by law, Hoot Cruises disclaims all and any liability to any damage or loss resulting from use of or reliance on the information from this Site or any part of it.
1.3 Hoot Cruises may amend or suspend this Site and the services on it at any time without notice.
- Use of Site
2.1 The information on this Site is directed solely at those who travel from New Zealand.
2.2 Hoot Cruises grants you a limited, non-transferable, revocable, non-exclusive licence to access this Site solely for personal use in determining the availability of selected cruise companies, air travel services, accommodation, rental vehicles and associated travel related products (“Travel”) and to book Travel from Providers in the name of individual persons. You shall not use this Site for any other purpose, including without limitation, for commercial gain or purposes, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
2.3 You shall not use any device, software or routine that interferes or attempts to interfere with the normal operation of this Site or take any action that imposes an unreasonable load on our computer equipment. You shall not use any robot, spider, other automatic device, or a program, algorithm, or methodology having similar processes or functionality, or any manual process to monitor our site or any data or content found on this Site.
2.4 You shall not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on this Site, but you may download, display and print one (1) copy of materials presented on this Site on a single computer for your personal, non-commercial use.
2.5 Any unauthorised use automatically terminates the licence granted by Hoot Cruises.
- Agent Only
3.1 Hoot Cruises acts as agent only and does not provide Travel. Your agreement for any travel booked by you using this site is with the relevant Provider and upon the terms and conditions applied by them. We make no warranty as to the Travel whatsoever and all services and products supplied by the Providers are available on an “as is” basis.
3.2 While Hoot Cruises endeavours to ensure the content on the Site is as accurate as possible, Hoot Cruises shall not be responsible for the content of any material or promotion supplied by or derived from Providers nor be liable for any direct or indirect loss or damage suffered by you (or any other party) from accessing, using, relying on or trading with such Providers.
- Site Availability
4.1 Hoot Cruises will use reasonable commercial efforts to keep this Site available on a 24 hour 7 day a week basis, subject to scheduled and unscheduled downtime for maintenance, and system outages. Your access to this Site may not be uninterrupted or available at all times. Hoot Cruises cannot promise that this Site will be error-free, that defects or errors will be corrected or that this Site or the servers that make it available are free from viruses or other harmful components.
- Responsibility for Confidentially of Account Information
5.1 If you use this Site and maintain a profile customised to your needs, you are responsible for maintaining the confidentiality of your login password, which has been provided to you. You accept responsibility for all activity that occurs on this Site where access is obtained using your password. If you are concerned that the security of your password may have been compromised, we recommend that you immediately change your password
- Amendments/ Cancellation/ Refund Policy
6.1 Your ability to amend, cancel and receive refunds in respect of Travel purchased or reserved is dependent upon the terms and conditions applied by each Provider. If you require further information we recommend that you contact your nominated Outlet to determine such terms and conditions. In many cases Travel booked will be non-transferable, non-refundable, and unable to be amended. In addition HOT reserves the right to charge its own fees to attend to any amendments or cancellation on your behalf.
7.1 Unless otherwise expressly stated, all prices on this site are inclusive of all taxes including where applicable goods and services tax (GST), fuel surcharges, insurance levies, and airport taxes. Further information is available upon request. All prices are in New Zealand dollars.
7.2 In providing our advice as to price and availability of Travel we are reliant on information supplied to us by Providers and other third parties and therefore prices and availability may have changed by the time you come to book your holiday or travel arrangements. Accordingly, while we will use all reasonable endeavours to ensure the information on this Site is as accurate and up to date as possible we do not provide a warranty to that effect. You acknowledge that we have no responsibility for the accuracy, completeness, currency or timeliness of price and availability of information.
- Privacy Act
- Law and Jurisdiction
9.1 New Zealand law shall govern all information and Travel provided through the site. You submit to the exclusive jurisdiction of the New Zealand Courts in respect of the provision of services or Travel hereunder.
- Security and Encryption of Payment
10.1 When you book or reserve Travel on this Site a secured server is used. Special software (SSL) encrypts the information you send through this Site. We make no warranty in respect of the strength or effectiveness of that encryption and have no responsibility for events arising from unauthorised use of the information you provide.
11.1 This web site may contain links to, or frame, web sites of third parties ("External Sites"). We are not required to maintain or update the links.
11.2 Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by Hoot Cruises of the External Sites, or for any information, products or services referred to on the external sites unless expressly indicated on this web site.
11.3 Hoot Cruises makes no warranties and accepts no liability in relation to material contained on External Sites. 11.4 Any person who wishes to establish a link with this Site must obtain the prior written permission from Hoot Cruises and Hoot Cruises reserves the right to refuse permission as it thinks fit.