Definitions and Interpretation

These Terms and Conditions of booking set out our obligations to you and your commitments to us, when you book arrangements with us. These together with the information contained in the emails, text messages, telephone conversations, and itinerary, forms the basis of our contract with you.

“We” “us” and “our” are references to TOP CAT CHARTERS LTD – TAUPO (“TCC”).

“You”, “your” or “party” means all persons (or any of them including the Lead Customer) named on the booking (and persons added or substituted at a later date).

“In writing” means by email, or letter.

“Lead Customer” means the person who makes the booking on your behalf and who will be our point of contact (and any substitute for that person).

“Arrangements” means the boat charter, and any subsequent / additional accommodation, meals, arrangements, facilities and services (or any of them), as applicable, booked through us by you pursuant to this agreement or any other agreement between you and us.

“Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemic, pandemic, government forced sanctions on travel or movement and all similar events outside our control or the control of the supplier concerned.

1. Bookings
Once you have booked and paid the deposit or full payment as applicable (see clauses 2 and 3 below), we will confirm your booking by sending a confirmation email at which point a binding contract between us will come into existence. Should we acknowledge your booking prior to sending a confirmation email, such acknowledgement will be an indication that we are dealing with your booking and not a confirmation of it. By making your booking with us, you will be regarded as having had the opportunity to have read and understood our Terms and Conditions of Booking and to have actually done so before a contract between us came into existence.

You accept that the Lead Customer has the authority to deal with us on your behalf. If for any reason there is a change in the Lead Customer, you should notify us in writing via email immediately. The Lead Customer is liable for payment of the amounts due and therefore is responsible for collecting all monies and making payments to us by the due date. The Lead Customer must be authorised to make the booking on the basis of these Booking Conditions by all persons on the booking and their parent or guardian for all party members who are under 18 when the booking is made. We can only accept bookings if the Lead Customer is a minimum of 18 years and over.

Upon receipt of our confirmation email, together with all other documents we send you, please check them and contact us at once if any information appearing on the confirmation email or any other document appears to be inaccurate or incomplete as it may not be possible to make changes later.

2. Payment of Amounts Due
You must pay your full individual and group balance of your arrangements within 48 hours of the time you receive you itinerary confirmation via email, for this booking to remain valid. Our confirmation email will indicate the total price of your arrangements and the balance due. You must pay the full cost of your arrangements when it is due. Payments can be made using a valid credit card, bank transfer or cash.

Should the balance not be received by us in time, we will inform you that the payment is overdue. If you do not then pay us within 12 hours we will be entitled to treat your booking as cancelled by you and retain your deposit. If we do not cancel straightaway because you have promised to make a payment, you may in addition pay have to pay the cancellation charges shown in clause 8 depending on the date we reasonably treat your booking as cancelled.

3. Special Requests
If you have any special request’s, you must advise us in writing at the time of booking. However, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Unless and until specifically confirmed, all special requests are subject to availability.

Should any additional charge not included in the total price stated on our confirmation letter become payable (for example costs relating to a special request made by you), a revised letter will be sent to you showing the extra charge.

4. Pricing Policy
Prices quoted to you at the time of your inquiry are correct to the best of our knowledge at that time. It is possible that prices may change before you actually book the arrangements. We will advise you of any change in price or error of which we are aware at the earliest opportunity before you book with us. We reserve the right to make changes to and correct errors in prices at any time before your arrangements are confirmed. Once your arrangements have been confirmed to you by our confirmation letter then subject to other clauses in these booking conditions, the price will not change

5. Website and Quote Descriptions
All website and quote descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence or that of any our employees (as long as they were acting in the course of their employment at the time). We reserve the right to make changes to and correct errors in our website and quotes at any time.

6. Changes and Cancellations by us
Occasionally, we have to make changes to and correct errors in website and other literature both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.

Most changes are minor. In extremely rare circumstances a significant change or cancellation may have to be made to a confirmed booking. If we have to make a significant change or cancel, we will tell you as soon as possible. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. If there is time to do so before departure, we will offer you the choice of the following options:

• Accept the changed arrangements.
• Purchase alternative arrangements from us, of a similar standard to that originally booked if available.
• Cancel or accept the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.

Please note the above options are not available where any change made is a minor one.

If we have to make a significant change or cancel, we will as a minimum where compensation is due pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or where we have to cancel because the minimum number of persons require to operate the Arrangements you have booked has not been reached.

No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one.

Very rarely, after your Arrangements have commenced we or our suppliers may be forced by Force Majeure to change or cancel part or all of your Arrangements. If this does happen then we regret that we will be unable to provide any refunds (unless we receive any from our suppliers) pay you any compensation or any losses or expenses you incur as a result. We will try to assist you to secure alternative arrangements but you will have to pay any associated and/or additional costs in doing so that arising out of the alternative arrangements.

7. Weather Conditions
As you will appreciate; we have no control over the weather. The provision of favourable weather to allow you to take part in your boat cruise does not form part of our contractual obligations to you. There is always unfortunately the risk that you may be unable to take part in your cruise due to poor weather. In the event of poor weather conditions, the skipper will make the call to cancel, on the day of your scheduled cruise date. If this occurs, you will be entitled to change or cancel your Arrangements, without paying our normal charges. Date changes are subject to availability, but we will work closely with you to achieve a desirable new date. We will also assist you to find alternative activities or Arrangements but please bear in mind that these may only be available, and or come at an additional charge to you.

8. Changes, Cancellations and No Shows by you
If you wish to change your booking in any way we will try to comply with your requests but we cannot guarantee that changes can always be made. Where a change can be made, we will not charge an amendment fee however you will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.

Where the price of your arrangements depends on the number of people booked and extra people are added to the booking, the price will be reworked on the basis of the new number of people going and we will send you a new confirmation email. You will be required to pay the increased price.

If you wish to cancel all or any part of your booking, you should advise us immediately by telephone followed by confirmation via email. We will make a cancellation charge on the scale shown. Charges are based on the estimated losses we may incur.

If any number of your group do not show to participate in any individual event during your activities, there will be no refund by TCC .

Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items will send you a new confirmation letter.

9. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by Force Majeure. Additionally we cannot accept liability or pay any compensation where you suffer any damage or loss (as more fully described in clause 10(1) below) as a result of Force Majeure.

10. Our liability
(1) Please note it is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us. Please note: we do not exclude any liability for death or personal injury arising as a result of our negligence or that of our employees providing they were at the time acting within the course of their employment with us.

Please note: Sub clauses (2) (6) below are all subject to and without prejudice to sub clause (1) above.

(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –

• the act(s) and/or omission(s) of any person(s) affected or any member(s) of your party; or
• the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable; or
• Force Majeure

(3) Please note we cannot accept responsibility for any services which do not form part of your arrangements. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you that we have not booked for you and any excursion you purchase during your stay. In addition, regardless of any wording used by us on our website, in any of our quotes or elsewhere, we only promise to use all reasonable skill and care as set out above and we do not have any greater or different liability to you.

(4) The promises we make to you about the arrangements we have agreed to source and book as part of our agreement – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the arrangements in question had been properly provided. If the particular arrangements which gave rise to the claim or complaint complied with local laws and regulations applicable to those arrangements at the time, the arrangements will be treated as having been properly provided. This will be the case even if the arrangements did not comply with the laws and regulations of New Zealand which would have applied had those arrangements been provided in New Zealand.

(5) We limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the value of your booking (excluding insurance premiums and amendment charges).

(6) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees. Additionally we cannot accept liability for any business losses.

11. Insurance
You are advised to take out adequate personal insurance for your protection. Such insurance should cover the cost of cancellation by you and/or any member of your party and the cost of assistance, including repatriation in the event of illness or accident. We emphasise that some of the events you may book are by their nature inherently dangerous and by participating in these you assume the inherent risks involved. We cannot be responsible for injury or loss suffered by you other than as expressly set out in these booking conditions. For this reason, we request that you be fully and adequately insured. Additionally, should you participate in events which do not form part of the arrangements booked with us it should be understood that this is also at your own risk and it is your responsibility to obtain the relevant insurance. Please confirm with your Insurers that your insurance policy covers the activities you will be participating in.

12. Behaviour
(a). We can terminate your Arrangements if your behaviour or that of any members in the booking is likely in our opinion to cause distress, damage, danger or to annoy customers, other members of the party, employees, property or anyone else. If you are prevented from traveling or participating in the Arrangements because we or any person in authority thinks you appear to be unfit to travel or likely to cause discomfort to or disturb other participants, you will not be able to complete your Arrangements and we will not be liable for any refund, compensation or any costs you have to pay. We cannot accept liability for the behaviour of others or any persons taking part in any event associated and/or in the same environment which forms part of your Arrangements or if any facilities or services are removed as a result of their action.

(b). You understand that when you book through us, you accept responsibility for the proper conduct of yourself and other members of the party during your activities. We or the provider or other supplier reserves its right within their reasonable opinion to terminate the Arrangement in question of any member of the party due to misconduct. You are also liable to make reimbursements to TCC, the provider or other supplier for any damage caused during your visit. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. TCC and its’ suppliers will require you to make a cash deposit at the time of arrival in order to cover potential damage. This deposit will be refunded when you leave provided that there is no damage to the TCC or supplier’s facilities.

(c). You agree to ensure that all members of the party comply with all event timetables of the events. Failure to keep to the timetables may result in either discontinuation of the event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred by you.

(d). You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by our suppliers and observe and obey all laws, requests, conditions of use of any supplier.

(e). Many activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, at the discretion of our suppliers, been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs incurred by you.

13. Health
Some of the events or activities you may book may require a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level. Many events are not recommended for those with any disability, illness or infirmity. If you have an existing medical problem, allergies or disability which may affect your Arrangements you must let us know the details of such condition before you make your booking. If in our reasonable opinion we believe that your chosen Arrangements are not suitable for you taking into account your medical problem or disability or you are not being accompanied by someone who could provide all the assistance you may reasonably require where it is reasonable for us to require this we can refuse to accept the booking. If we find out after you have made the booking that you have an existing medical problem or disability and you are not being accompanied by someone who could provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we reserve the right to cancel the booking and impose the cancellation charges as set out in clause 8. Please note that some of the Arrangements we feature are inherently dangerous and by booking these Arrangements you accept the inherent risks.

14. Complaints procedure
Should you be unhappy with any element of your Arrangements, you should notify the supplier of the Arrangements concerned immediately. If the problem still cannot be resolved, you should contact us as soon as possible at the time. If you continue to be dissatisfied on your return, you should write to us formally setting out your points within 14 days of returning from your Arrangements if your complaint or claim does not involve death or personal injury or illness or within 3 months of returning from your Arrangements if your complaint or claim involves death, personal injury or illness. As long as the above conditions have been observed, the matter will be investigated and a reply will be sent to you within four weeks of the receipt of the complaint. As it is difficult and sometimes impossible to properly investigate a complaint if we are not told about it reasonably quickly, any compensation you may have been able to claim could be reduced or even lost altogether if you do not follow the complaints procedure set out in this clause. Any acceptance of liability by us is however subject to clause 10. In the unlikely event that you have to pay for an activity or for entrance to a venue booked through us where you had already paid us for this activity then you must collect a receipt and send it to us in order for us to reimburse those costs.

15. Terms and Conditions of Suppliers
Some of the services which make up your booking may be provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

16. Safety Standards
TCC hold a Maritime Transport Operator Certificate (MTOC). Holding us to the highest standard of Maritime operations. This certification is valid at time of your cruise.

17. Rights of Third Parties
We both hereby exclude any rights that any other party may have in relation to this Agreement.

18. Law and Jurisdiction
This Agreement and all matters arising out of it shall be construed and governed according to New Zealand law and shall be subject to the exclusive jurisdiction of the Courts of New Zealand.

19. Currency
All pricing on this site are in New Zealand Dollars & include Goods and Services Tax (GST).

ADDITIONAL / IN SHORT

Reservations

All prices stated are in New Zealand dollars and include Goods and Services Tax (GST)

Prices are subject to change without notice.

Reservations may be amended to another date or time subject to space and availability. No charge is made for this amendment but any difference in price will need to be paid by the client.

Cancellations & Refunds

Please see table above for cancelation / refund policy.

Top Cat Charters reserve the right to cancel cruise departures, amend timetables, substitute vessels at any time for safety or operational reasons including adverse weather conditions or vessel maintenance. In the event of a cruise being cancelled prior to departure by Top Cat Charters you will be given a full refund or the opportunity to change your booking date.

Health & Safety

Health & Safety for our clients and crew is Top Cat Charters primary concern. Prior to every cruise departure the Skipper will give a clear safety briefing. Please listen carefully and comply with all aspects of safety advice. All passengers while on one of our vessels must act in a safe and reasonable manner, observe all instructions from crew, not smoke, and not interfere with or use emergency equipment.

Swimming

In summer if conditions allow we stop for passengers to take a swim. Please only swim if you are a competent swimmer.

Liability

Top Cat and Loloma Cruises and its employers will not be responsible for any loss, damage, cost or injury suffered by passengers or loss or damage to a passenger’s property.

Promotional Purposes

Photographs or videos of passengers may be used by Top Cat and Loloma Cruises for promotional purposes. Please advise crew if you do not wish to have your image used.

Liquor License & Laws

Top Cat Charters are fully licensed for sale and supply of alcohol. New Zealand Liquor Laws require consumption and sale strictly to persons 18 years and over. You will be asked for ID so please do not be offended. The Skipper has the right to refuse passengers on board if they are intoxicated. There will be no refund given if a passenger is refused from boarding due to being intoxicated.

Credit Card Details

All credit card payments are processed securely through Stripe. Top Cat Charters do not store any credit card information on our servers.