The fine print.

01Definitions

“Adult Ticket” means a Ticket that has been purchased for a Customer aged over 13 years at a rate determined by Tekapo Bus.

“Boarding Point” means the location that the Customer commences the Service, as stated on their Ticket or booking.

“Behaviour Policy” means the Tekapo Bus Behaviour Policy as stated on their website, and includes any amendments made by Tekapo Bus.

“Child Ticket” means a Ticket that has been purchased for a Customer aged 2 years to 12 years at a rate determined by Tekapo Bus.

“Customer” means the person that has engaged with Tekapo Bus for its Services, or their permitted assigns.

“GST” means goods and services tax chargeable, or to which a person may be liable, under the Goods and Services Tax Act 1985, and any penalties, additional tax or interest payable in respect of such goods and services tax.

“Luggage Policy” means the Tekapo Bus Luggage Policy as stated on their website, and includes any amendments made by Tekapo Bus.

“Price” means the price for the Ticket as indicated on the Schedule.

“Schedule” means the Schedule as attached to these Terms and Conditions.

“Services” means the services that Tekapo Bus provides to the Customer, including but not limited to, scheduled trips to and from Tekapo and Christchurch.

“Special Conditions” means any special condition additional to these Terms and Conditions that Tekapo Bus may impose.

“Terms and Conditions” means the terms and conditions contained herein, including any Special Conditions.

“Tekapo Bus” means Tekapo Bus Limited.

“Ticket” means a ticket that the Customer has purchased from Tekapo Bus to use its Services. This includes, but is not limited to, a physical Ticket or an electronic Ticket that has been supplied by Tekapo Bus (an e-Ticket).

02Interpretation

1. In these Terms and Conditions, unless it is stated to the contrary or the context requires otherwise:
   1. words importing the singular shall import the plural and vice versa; and
   2. a reference in these Terms and Conditions to any law, legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision; and
   3. a reference to the words “include” or “including” are to be interpreted without limitation.

03Tickets and booking

1. The Customer must purchase a Ticket to use Tekapo Bus’ Services for the Price as indicated in the Schedule for the relevant Ticket. The Customer may purchase a Ticket from the Tekapo Bus website.
2. The Customer may purchase a Ticket for a third party or assign their Ticket. If the Customer purchases a Ticket for a third party or assigns their Ticket, the Customer must ensure that the third party or assignee is aware of and complies with these Terms and Conditions and any applicable Special Conditions.
3. The Ticket is only valid to and from the destinations as specified on the Customer’s Ticket. The Customer may not travel to/from another location on their Ticket.
4. Prior to boarding, the Customer must present to the driver of a Tekapo Bus, a valid Ticket.
5. During the Services, the Customer must present their Ticket at any time if requested by the driver of the bus or any representative of Tekapo Bus.
6. Notwithstanding clause 3.1, Tekapo Bus may refuse to provide Services to the Customer if they are unable to produce their Ticket when requested, if they present an invalid Ticket (as set out in clause 3.7), or if Tekapo Bus has reasonable grounds to believe that a Ticket has been fraudulently obtained or used. The Customer acknowledges that they are not entitled to a refund if Tekapo Bus refuses to provide Services to the Customer under this clause.
7. Tekapo Bus may deem the Customer’s Ticket invalid. This includes, but is not limited to, circumstances where the Customer:
   1. does not have sufficient battery or signal on their mobile phone or other electronic device to display an e-Ticket (if the Ticket has not been printed);
   2. travels with a Ticket that they are not entitled to use;
   3. travels on any Service on which their Ticket does not permit travel;
   4. travels in breach of these Terms and Conditions or any Special Conditions applicable to their Ticket;
   5. travels before the valid date or after the expiry date of their Ticket;
   6. travels further than their Ticket permits; or
   7. travels with a Ticket which does not comply with these Terms and Conditions or any applicable Special Conditions that Tekapo Bus may impose from time to time.
8. If at any time while the Services are provided, Tekapo Bus refuses to continue to provide Services in accordance with clause 3.4, the Customer must leave the Service unless they immediately purchase a valid Ticket (subject to availability).
9. Tekapo Bus reserves the right to charge a penalty fee to any person using the Services without a valid Ticket, at its sole discretion.
10. Tekapo Bus may subcontract the operation of all or part of the Services to any other suitable operator, if it is unable to fulfil its obligations.
11. The Customer shall not transfer or assign their rights or obligations, otherwise provided for under these Terms and Conditions.

04Loss of ticket

1. The Customer shall be responsible for their Ticket. Tekapo Bus shall not be liable for any loss caused by a Ticket that is lost, tampered with, spoiled, invalid or otherwise unable to be used.
2. The Customer shall be responsible for ensuring that their mobile phone or other electronic device is sufficiently charged so that an e-Ticket can be presented (if applicable). Tekapo Bus shall not be liable for any loss caused by the failure to present an e-Ticket.
3. If a Customer is unable to present a valid Ticket, the Customer shall purchase a new Ticket. The new Ticket will be the price that it is on the Schedule at the time the new Ticket is purchased.
4. For the avoidance of doubt, Tekapo Bus will not replace any Ticket nor provide any refund in respect of any Ticket that has been lost, tampered with, spoiled, corrupted or otherwise damaged.

05Infants and children

1. Infants (under the age of 2 years) may travel for free, provided they are accompanied by an adult Customer (who has purchased an Adult Ticket). Each infant must travel with their own adult (one infant per adult).
2. Children (aged 2 years to 12 years) shall qualify for a Child Ticket. Children must be accompanied by an adult Customer (who has purchased an Adult Ticket).
3. If the Customer is an adult accompanying an infant or child, then the Customer must ensure that the infant or child complies with these Terms and Conditions and any Special Conditions applicable to their Ticket. The Customer shall be responsible for any breach by that infant or child.
4. If the infant or child is required to travel with a car seat or capsule, the Customer is responsible for providing their own car seat or capsule and must also purchase a Ticket at the same rate as a Child Ticket. Tekapo Bus does not provide car seats or capsules.
5. Tekapo Bus may refuse to provide Services to any infant or child that is not accompanied by an adult Customer.
6. Tekapo Bus may request evidence of the age of an infant or child prior to or during the provision of Services. If this evidence is not provided or is inadequately provided, Tekapo Bus may require that the accompanying adult pay for a Ticket at the rate of an Adult Ticket for that infant or child to continue to use the Services.

06Payment

1. The Price for the Ticket is the price indicated in the Schedule.
2. Tekapo Bus may review and change the Price indicated in the Schedule at any time, at its sole discretion. The amended Price will apply from the time that Tekapo Bus updates the Schedule on its website.
3. In the event of a change in Price, the Price for any Ticket purchased is the price indicated in the Schedule at the time that the Customer purchases the Ticket.
4. The Customer shall not be entitled to a refund of the Price, to have the Price of the Ticket amended after it is purchased, nor to any other discount.
5. The Customer shall not be entitled to reimbursement for any loss associated with a change in Price made in accordance with clause 6.2.

07GST

1. Unless otherwise specified, all monetary amounts payable or recorded in these Terms and Conditions are inclusive of GST.

08Access

1. The Customer acknowledges that Tekapo Bus and their staff are unable to assist with lifting or carrying passengers due to internal health and safety requirements. The Customer further acknowledges that Tekapo Bus services may require access by entry steps and internal stairways leading to seating areas.
2. The Customer shall be responsible for access to the Services, including boarding and exiting the bus, and agrees that the Customer shall make their own arrangements for assistance at both departure and arrival locations.
3. The Customer acknowledges that Tekapo Bus is unable to monitor Customers during rest breaks or transfer connections and agrees that the Customer shall be responsible for managing their own health and wellbeing and in leaving the bus at the correct stop or destination.

09Arrival and departure

1. The Customer must arrive at the Boarding Point for Service at least 10 minutes prior to the timetabled departure time for that Service.
2. The Boarding Point for Service is the Boarding Point indicated in the Customer’s Ticket or booking. Tekapo Bus shall not be liable for any loss caused by a Customer attempting to board their Service at a different location than that indicated in their booking or for any loss caused by a Customer missing the Service.
3. If a Customer misses their Service, the Customer is responsible for purchasing a new Ticket and will not be entitled to any reimbursement or refund.
4. If a Customer requires the Service to use another service provided by a third party, the Customer shall be responsible for ensuring that they have purchased a Ticket and booked with sufficient time to use the other service provided by the third party. Tekapo Bus shall not be liable for any loss arising from a Customer’s failure to use a third party service.
5. If the Service comprises of stops or breaks (such as stops for toilet or refreshment breaks), the Customer is responsible for ensuring they return to the bus within the time allowed for the stop. Tekapo Bus shall not be obliged to wait for the Customer and will not be liable for any loss caused by the Customer’s failure to board the bus at the specified time for departure.
6. The Customer may request that they leave the Service at an earlier stop. The Customer must inform the driver of the Service that they wish to do so prior to boarding the Service at the Boarding Point.
7. The Customer shall be responsible for ensuring they are travelling on the Service for which they have a valid Ticket for and that the Customer boards the Service at the correct destination. Tekapo Bus shall not be liable for any loss that is caused by the Customer’s failure under this clause.

10Use and care

1. Subject to clause 10.2, the Customer must wear the seatbelt provided at all times (if applicable) whilst using Tekapo Bus’ services.
2. If the Customer has a valid seat belt exemption certificate, the Customer is not required to wear a seat belt. However, the Customer will not be permitted to be seated in any of the front seats of the bus.
3. The Customer agrees to comply with Tekapo Bus’ Luggage Policy, as may be amended from time to time.
4. The Customer agrees to comply with Tekapo Bus’ Behaviour Policy, as may be amended from time to time.
5. If the Customer creates a spill or accident (including, but not limited to a food or drink spill, vomit or excrement) that requires Tekapo Bus to clean the bus, Tekapo Bus may charge a cleaning fee of $250.00 to the Customer.
6. Tekapo Bus is unable to carry animals. Further to the Luggage Policy, the Customer acknowledges that they are only permitted to carry certified service dogs, subject to any Special Conditions that Tekapo Bus may impose.

11Cancellation

1. Tekapo Bus may cancel a Service at its sole discretion. Tekapo Bus must advise the Customer of the cancellation. This may include (but is not limited to) the following reasons:
   1. in the event of a breach of these Terms and Conditions by the Customer;
   2. if the weather conditions or road conditions prohibit Tekapo Bus from carrying out a Service;
   3. for any reason beyond Tekapo Bus’ control, including Acts of God, government restrictions, or strikes;
   4. if, for any reason, Tekapo Bus are unable to find a driver to provide a Service;
   5. for any mechanical issues that may arise that affects the relevant Tekapo Bus Service;
   6. in the event of a medical emergency involving a Tekapo Bus staff member or a Customer;
   7. if there are operating licence issues; or
   8. any other event that is beyond Tekapo Bus’ control.
2. If a cancellation occurs prior to when a Service is due, Tekapo Bus shall not be liable for any loss caused as a result of such cancellation.
3. If a cancellation occurs during the Service, Tekapo Bus may, at its sole discretion:
   1. make suitable alternative arrangements to provide another Tekapo Bus Service;
   2. liaise with another bus company or other mode of transport for the Customer as it considers appropriate; or
   3. offer a full refund if no portion of the Ticket has been used, or a partial refund if the outward part of a return Ticket has been used.
4. No party shall be liable for any failure or delay in complying with any obligation imposed on that party under these Terms and Conditions if the failure or delay arises directly or indirectly from a cause reasonably beyond that parties’ control.

12Special conditions

1. Tekapo Bus may impose Special Conditions at their sole discretion. The Customer acknowledges and agrees to comply with any Special Condition that Tekapo Bus may impose.
2. In the event of any conflict between the Terms and Conditions contained herein and the Special Conditions, the Special Conditions shall take precedence.

13Image use and privacy

1. The Customer acknowledges that Tekapo Bus may photograph a Service for advertising, promotional and/or marketing purposes. This may include, but is not limited to, printed materials, television or broadcast media, websites, online platforms, social media, direct marketing, downloadable applications, digital content, and any current or future forms of media or technology. Images may be edited, adapted, combined with other content, or incorporated into additional works.
2. The Customer hereby agrees that Tekapo Bus may, either directly or through authorised representatives, capture photographs, video footage, audio recordings, or any other media containing the Customer’s image, likeness, voice, appearance or performance (“Images”) during the Service. The Customer also consents to Tekapo Bus obtaining and using Images supplied by third parties.
3. Customers are entitled to request access to their Images and may ask for corrections if the Images are inaccurate, incomplete or misleading. However, where the Images have already been included in promotional or marketing material, the Customer acknowledges that it may not be reasonably possible for Tekapo Bus to amend or replace them. In such cases, the Customer authorises Tekapo Bus to decline requests for correction.

14Limitation of liability

1. Tekapo Bus products and services are sold subject to the Contract and Commercial Law Act 2017.
2. Tekapo Bus operates as a passenger transport service and does not carry freight or unattended luggage. The Customer acknowledges that any damage to their property is at their own risk.
3. Tekapo Bus will comply with its obligations under the laws of New Zealand, including (but not limited to) the Health and Safety at Work Act 2015.
4. The Customer acknowledges that the total liability of Tekapo Bus or any of their contractors or agents for any cost, expense, loss or liability suffered or incurred, is limited to the lesser of:
   1. proven direct compensatory damages (which does not include, without limitation, loss of profit, revenue, saving or business or exemplary, indirect or consequential damages); or
   2. the amount paid by the relevant passenger for the product or service.
5. Tekapo Bus shall not be liable for indirect or consequential losses.
6. Tekapo Bus shall not be liable for reliance on any information that is provided on their website. Tekapo Bus does not make any warranty that the website will be error-free or that access to the website will be continuous or uninterrupted.
7. Tekapo Bus makes no warranty on the suitability of their Services. The Customer shall be responsible for ensuring that they are able to use the Services for their required need.
8. Except as otherwise provided in these Terms and Conditions, Tekapo Bus shall not be liable to the Customer or any third party for any loss, damage, cost or expense suffered by the Customer or a third party as a result of any alteration, cancellation or withdrawal of any Service, any delay to any Service, or termination of any Service whether by the Customer or Tekapo Bus.
9. Further to the Luggage Policy, Tekapo Bus’ liability for checked baggage while under the care of Tekapo Bus is limited to $100.00 per item, excluding prohibited or unsuitable items pursuant to the Luggage Policy. Customers shall arrange their own insurance for higher-value belongings.

15Dispute resolution

1. If the Customer has a complaint, the Customer must make a complaint in writing to Tekapo Bus within 30 days from the date of the Service. If the Customer does not make a complaint within this timeframe, the Customer is deemed to have waived their right to make a complaint.

16General conditions

1. If Tekapo Bus fails to enforce any term or exercise any right under these Terms and Conditions, this will not constitute a waiver of that right.
2. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions will remain in full force and effect and the parties shall adjust their respective rights and obligations accordingly with the spirit and intent of the parties shown by the Terms and Conditions.