THIS AGREEMENT RECORDS THE TERMS ON WHICH JET SKI TOURS QUEENSTOWN (“WE”) WILL HIRE A JET SKI, AND ANY OTHER EQUIPMENT AND PROVIDE THE TOUR OR ANY OTHER SERVICES TO YOU. ONCE SIGNED, THIS AGREEMENT WILL BE BINDING ON YOU AND ANY OTHER PEOPLE USING THE EQUIPMENT OR PARTICIPATING IN ANY TOURS OR OTHER SERVICES WITH YOU.

YOUR BOOKING-
YOU MUST COMPLETE OUR BOOKING FORM INCLUDING THE FOLLOWING DETAILS:
· WHAT TOURS OR OTHER SERVICES YOU WOULD LIKE TO RECEIVE; AND
· THE DATES YOU WOULD LIKE TO PARTICIPATE IN ANY TOURS OR OTHER SERVICES.
YOUR BOOKING WILL BE CONFIRMED WHEN:
· WE HAVE NOTIFIED YOU THAT WE ACCEPT YOUR BOOKING AND HAVE RECEIVED THE DUE PAYMENT; AND
· YOU HAVE PROVIDED US A SIGNED COPY OF THIS AGREEMENT, OR TICKED THE “ I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS” CHECKBOX WHEN SUBMITTING A BOOKING.

PAYMENT-
YOU WILL PAY THE FEES AS RECORDED ON OUR WEBSITE OR OTHERWISE NOTIFIED BY US WHEN YOU SUBMIT YOUR COMPLETED BOOKING FORM. THOSE RATES MAY CHANGE FROM TIME TO TIME. HOWEVER, WE WILL NOT ALTER THOSE RATES APPLICABLE TO YOUR RENTAL ONCE YOUR BOOKING HAS BEEN CONFIRMED.
YOU WILL PAY THE TOTAL FEE PRIOR TO THE START OF THE TOUR.
ALL FEES AND OTHER CHARGES ARE INCLUSIVE OF GST AND ARE STATED AND MUST BE PAID IN NEW ZEALAND DOLLARS.
WE ACCEPT PAYMENT BY CASH, CREDIT OR DEBIT CARD AND DIRECT CREDIT TO OUR BANK ACCOUNT.
WE ACCEPT THE FOLLOWING CREDIT CARDS: VISA OR MASTERCARD.
YOU AGREE THAT BY SIGNING THIS AGREEMENT AND BY PROVIDING A CREDIT CARD FOR PAYMENT, ALL CHARGES UNDER THIS AGREEMENT (INCLUDING ANY AMOUNTS PAYABLE UNDER THE “LIABILITY” AND “INSURANCE – JET SKIS” SECTIONS) MAY BE CHARGED TO THAT CREDIT CARD.

CHANGING YOUR BOOKING AND CANCELLATION-
IF YOU WISH TO MAKE ANY AMENDMENTS TO YOUR BOOKING ONCE IT HAS BEEN CONFIRMED AND WE AGREE TO THOSE AMENDMENTS, THE FEES YOU WILL PAY WILL BE RE-CALCULATED AT THE RATE APPLICABLE ON THE DATE OF AMENDMENT.
IF YOU WISH TO CANCEL YOUR BOOKING YOU MUST PROVIDE WRITTEN NOTICE TO US. IF YOU CANCEL YOUR BOOKING LESS THAN 12 HOURS BEFORE THE BOOKING, THE TOTAL FEE WILL BE FORFEITED UNLESS WE CAN TRANSFER YOUR BOOKING TO ANOTHER DATE (AT OUR ENTIRE DISCRETION).
WE MAY CANCEL OR RESCHEDULE YOUR BOOKING (INCLUDING LOCATION) IN THE EVENT OF ADVERSE WEATHER CONDITIONS, MECHANICAL FAILURE, NON-AVAILABILITY OF FUEL OR IN ANY OTHER CIRCUMSTANCES WHICH PREVENT US FROM PROVIDING TOURS OR OTHER SERVICES TO YOU. IF WE CANCEL OR RESCHEDULE YOUR BOOKING IN THESE CIRCUMSTANCES:
· BEFORE THE START OF THE TOUR AND WE CANNOT RESCHEDULE YOUR BOOKING TO A DIFFERENT DATE OR LOCATION, WE WILL REFUND THE FEES PAID BY YOU; OR
WE MAY CANCEL YOUR BOOKING IF-
• YOU ARE OR APPEAR TO BE INTOXICATED, UNDER THE INFLUENCE OF DRUGS OR FOR ANY OTHER REASON WE CONSIDER YOU MAY BE A HAZARD TO YOURSELF OR ANYONE ELSE.
• ANY MECHANICAL FAILURE IS A RESULT OF MISUSE OF THE EQUIPMENT, USE OF THE EQUIPMENT OTHER THAN INSTRUCTED BY JET SKI TOURS QUEENSTOWN OR DEEMED OUTSIDE OF “NORMAL” OPERATING PROCEDURES, THIS INCLUDES ROLLING A JET SKI.
IF WE CANCEL YOUR BOOKING IN THESE CIRCUMSTANCES ALL FEES PAID WILL BE FORFEITED.

VOUCHERS-
JET SKI TOURS QUEENSTOWN CONSIDERS A VOUCHER TO BE ‘PRINTED’ ONCE IT HAS BEEN SENT TO A CUSTOMER.
ALL VOUCHERS ARE VALID UNTIL THE EXPIRY DATE PRINTED ON THE VOUCHER ITSELF AND ARE SUBJECT TO THE AVAILABILITY OF BOOKINGS.
THE VOUCHER IS VALID ONLY FOR THE REDEMPTION OF SERVICES DESCRIBED IN PRINT ON THE VOUCHER ITSELF OR IN WHICH THEY WERE ADVERTISED AND SUBSEQUENTLY PRINTED. JET SKI TOURS QUEENSTOWN MAY USE ITS DISCRETION TO OFFER ANOTHER SERVICE TO THE SAME VALUE OR HIGHER AS THE ONE PRINTED ON THE VOUCHER IF FOR ANY REASON THE ORIGINAL SERVICE INTENDED IS UNAVAILABLE TO OFFER.
VOUCHERS ARE NON REFUNDABLE UNLESS JET SKI TOURS QUEENSTOWN OR AN APPROVED REPRESENTATIVE DECIDE THAT A REFUND OF FEES PAID IS WARRANTED. THIS IS DONE SO AT OUR DISCRETION.
PLEASE NOTE THAT IF A VOUCHER IS USED TO BOOK A TOUR CLOSE TO THE EXPIRATION DATE AND BOOKINGS ARE NOT AVAILABLE JET SKI TOURS QUEENSTOWN IS NOT OBLIGATED TO REFUND THE FEES PAID. JET SKI TOURS QUEENSTOWN MAY OFFER TO EXTEND THE VOUCHER ON A CASE BY CASE BASIS.
ONCE A VOUCHER HAS BEEN USED TO MAKE A BOOKING IT WILL FALL UNDER THE “CHANGING YOUR BOOKING OR CANCELLATION POLICY” IN THIS DOCUMENT

USE OF THE EQUIPMENT-
THE DRIVER OF THE JET SKI MUST BE 18 YEARS OF AGE. PASSENGERS ON JET SKIS ARE RECOMMENDED TO BE 8 YEARS OF AGE OR OVER AND ACCOMPANIED BY A LEGAL PARENT OR GUARDIAN.
YOU AND YOUR PASSENGERS (AS APPROPRIATE) MUST:
· COMPLY WITH ALL NEW ZEALAND MARITIME AND OTHER APPLICABLE LAWS.
· FOLLOW ALL SAFETY AND USAGE GUIDELINES PROVIDED BY US;
· WEAR OR USE ANY SAFETY EQUIPMENT PROVIDED BY US;
· ENSURE ALL REASONABLE CARE IS TAKEN IN OPERATING THE JET SKI
· MONITOR ANY WARNING LIGHTS OR SOUNDS INDICATING ANY POTENTIAL MALFUNCTION AND IMMEDIATELY NOTIFY US AND SHUT DOWN THE JET SKI IF IT IS SAFE TO DO SO.
YOU AND YOUR PASSENGERS (AS APPROPRIATE) MUST NOT:
· DRIVE THE JET SKI UNDER THE INFLUENCE OF ALCOHOL OR DRUGS;
· ALLOW THE JET SKI TO BE OPERATED OUTSIDE YOUR AUTHORITY;
· SMOKE ON THE JET SKI;
· UNINTENTIONALLY, INTENTIONALLY OR RECKLESSLY CAUSE DAMAGE TO THE JET SKI OR ANY OTHER EQUIPMENT HIRED BY YOU. THIS INCLUDES SUBMERGING THE ENGINE IN WATER, BEACHING OR ALLOWING THE JET SKI TO LEAVE THE WATER OR USING EXCESSIVE FORCE IN OPERATING THE JET SKI.
WE MAY RESTRICT YOUR USE OF THE JET SKI, IN CERTAIN AREAS DUE TO ADVERSE SEA OR WEATHER CONDITIONS. WE WILL LET YOU KNOW OF ANY TRAVEL RESTRICTIONS DURING THE TOUR.

USE OF PHOTOGRAPHS AND FILM-
YOU MAY NOT USE ANY PHOTOGRAPHS OR FILM OF YOU OR YOUR COMPANIONS’ USE OF THE JETSKIS TO MARKET OR PROMOTE ANY OTHER BUSINESS OR ORGANISATION.
YOU MAY USE YOUR OWN CAMERA AND FILM EQUIPMENT ON THE BEACH AND BEFORE OR AFTER ANY TOUR. YOU MAY NOT USE YOUR OWN CAMERA OR FILM EQUIPMENT WHILE YOU ARE OPERATING THE JETSKI.
WE MAY USE ANY PHOTOGRAPHS OR FILM TAKEN DURING THE TOUR (INCLUDING ANY PHOTOGRAPHS OR FILM OF YOU OR YOUR COMPANIONS) FOR ANY PURPOSE INCLUDING MARKETING PURPOSES AND DISPLAY ON OUR WEBSITE AND/OR FACEBOOK PAGE. YOU WILL NOT BE ENTITLED TO RECEIVE ANY ROYALTIES, COMMISSIONS OR COMPENSATION FOR OUR USE OF THE PHOTOGRAPHS OR FILM.

PHYSICAL HEALTH AND MEDICAL TREATMENT-
YOU MUST NOTIFY US OF ANY MEDICAL CONDITION, INJURY OR DISABILITY WHICH MAY AFFECT YOUR ABILITY TO USE THE JET SKI OR PARTICIPATE IN ANY TOURS OR OTHER SERVICES AND ANY SPECIAL REQUIREMENTS YOU MAY HAVE AS A RESULT OF ANY MEDICAL CONDITION, INJURY OR DISABILITY. THIS OBLIGATION CONTINUES AFTER THIS AGREEMENT IS SIGNED UNTIL COMPLETION OF THE TOUR.
IT IS YOUR RESPONSIBILITY TO ENSURE YOUR LEVEL OF FITNESS IS SUFFICIENT TO ALLOW YOU TO USE THE JETSKI AND PARTICIPATE IN ANY TOURS OR OTHER SERVICES. IF WE BELIEVE THAT YOUR HEALTH, LEVEL OF FITNESS OR CONDUCT AT ANY TIME BEFORE OR DURING THE TOUR IS RISKING YOUR OR ANYONE ELSE’S HEALTH OR SAFETY, WE MAY CANCEL YOUR BOOKING. IF WE CANCEL YOUR BOOKING IN THESE CIRCUMSTANCES ALL FEES PAID WILL BE FORFEITED.

INSURANCE –
WE HAVE INSURED THE JET SKIS FOR COVER IN RESPECT OF DAMAGE TO THE JET SKIS AND DAMAGE TO THIRD PARTY PROPERTY ARISING OUT OF THE USE OF THE JET SKIS.
IF DAMAGE IS CAUSED TO THE EQUIPMENT OR ANY THIRD PARTY PROPERTY DURING THE HIRE/ TOUR PERIOD YOU WILL BE REQUIRED TO PAY THE INSURANCE EXCESS OF-
$1,000.00 FOR JET SKI DAMAGE.
THIRD PARTY AND ADDITIONAL EQUIPMENT DAMAGE UP TO $500,000.00 NZD
$300.00 FOR ANY ADDITIONAL EQUIPMENT BELONGING TO JET SKI TOURS QUEENSTOWN BUT NOT LISTED HERE
THE EXCESS WILL BE PAYABLE EVEN IF LOSS OF OR DAMAGE TO THE JET SKI IS CAUSED BY A THIRD PARTY, UNINTENTIONALLY OR INTENTIONALLY. JET SKI TOURS QUEENSTOWN WILL REQUIRE THE EXCESS TO BE PAID ON A VISA OR MASTERCARD AND A COPY OF YOUR ID AND YOUR ADDRESS IF ANY DAMAGE IS DONE. WE WILL REFUND THE EXCESS PAID BY YOU IF WE OR OUR INSURER ARE SUCCESSFUL IN RECOVERING THE FULL REPAIR OR REPLACEMENT COSTS FROM THE THIRD PARTY OR, WE WILL REFUND YOU ANY AMOUNT RESIDUAL FROM THE REPAIR INVOICE. IT IS AT OUR SOLE DISCRETION WHETHER WE PROCESS A CLAIM THROUGH INSURANCE OR CLAIM THE LOSSES FROM YOU.
HOWEVER, YOU WILL BE RESPONSIBLE FOR ALL LOSSES ARISING FROM DAMAGE TO THE JET SKIS OR DAMAGE TO THIRD PARTY PROPERTY DUE TO THE USE OF THE JET SKIS DURING THE TOUR PERIOD IF YOUR CONDUCT HAS CAUSED OUR INSURANCE TO FAIL TO RESPOND TO COVER THE LOSSES. THIS INCLUDES, BUT IS NOT LIMITED TO, YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS UNDER THE HEADING, “USE OF THE EQUIPMENT”.
INSURANCE COVER IS NULL AND VOID IF THERE HAS BEEN ANY CONSUMPTION OF ALCOHOL OR DRUGS, AND THE HIRER WILL BE RESPONSIBLE FOR ALL LOSSES ARISING FROM DAMAGE TO THE JETSKIS OR DAMAGE TO THIRD PARTY PROPERTY DURING THE TOUR PERIOD.
IF YOU OR YOUR COMPANIONS HAVE CAUSED DAMAGE TO THE JETSKI AND WE ARE UNABLE TO REHIRE THE JET SKI WHILE IT IS BEING REPAIRED OR REPLACED, WE MAY CHARGE YOU A DAILY RATE OF $300 REPRESENTING OUR LOSS OF ABILITY TO REHIRE FOR EACH DAY THAT WE ARE UNABLE TO USE THE JETSKI WHILE IT IS BEING REPAIRED OR REPLACED.
WE MAY CHARGE YOU AN ADDITIONAL ADMINISTRATION FEE OF $60.00 FOR PROCESSING DAMAGE CLAIMS BOTH INTERNALLY OR INVOLVING OUR INSURER.
OUR INSURANCE DOES NOT COVER LOSS OF OR DAMAGE TO YOUR PERSONAL BELONGINGS. WE RECOMMEND YOU OBTAIN PERSONAL INSURANCE TO COVER LOSS OF OR DAMAGE TO THOSE ITEMS.

LIABILITY
NOTHING IN THIS PART OR ANY OTHER PART OF THIS AGREEMENT EXCLUDES OR LIMITS OUR OBLIGATIONS UNDER THE CONSUMER GUARANTEES ACT 1993 OR ANY OTHER OBLIGATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER NEW ZEALAND LAW.
IF THE EQUIPMENT SUFFERS A MECHANICAL BREAKDOWN OR SOME OTHER DEFECT DURING THE TOUR PERIOD, WE MAY IN OUR DISCRETION PROVIDE YOU WITH REPLACEMENT EQUIPMENT, REBOOK YOU TO A LATER DATE OR REFUND THE FEES PAID BY YOU.
EXCEPT TO THE EXTENT THAT THE CONSUMER GUARANTEES ACT 1993 APPLIES OR ANY OTHER OBLIGATIONS CANNOT BE EXCLUDED OR LIMITED UNDER NEW ZEALAND LAW, THE FOLLOWING PROVISIONS APPLY:
· WE, OUR DIRECTORS AND EMPLOYEES WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF ANY LEGISLATIVE REQUIREMENT, EQUITY OR FOR ANY OTHER REASON FOR DAMAGE TO PROPERTY, PERSONAL INJURY, DISABILITY, ILLNESS OR DEATH OR FOR ANY CONSEQUENTIAL LOSS (INCLUDING FINANCIAL LOSS) SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF THE USE OF THE EQUIPMENT OR IN CONNECTION WITH ANY TOURS OR OTHER SERVICES PROVIDED OR ANY ACT OR OMISSION OF ANY PERSON.
· IF WE ARE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REASON INCLUDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF ANY LEGISLATIVE REQUIREMENT, EQUITY OR FOR ANY OTHER REASON, OUR TOTAL LIABILITY IS LIMITED TO THE FEES YOU HAVE PAID TO US FOR THE USE OF THE EQUIPMENT AND PROVISION OF TOURS OR OTHER SERVICES TO YOU.
YOU WILL INDEMNIFY US AND OUR DIRECTORS AGAINST ANY LOSS OR LIABILITY WHETHER DIRECT OR CONSEQUENTIAL (INCLUDING LOSS OF PROFITS) OR COSTS OF ANY NATURE WHATSOEVER INCURRED OR SUFFERED BY ANY OF THEM, ARISING FROM OR IN RELATION TO:
· ANY BREACH OF YOUR OBLIGATIONS TO US WHETHER UNDER THIS AGREEMENT OR OTHERWISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF ANY LEGISLATIVE REQUIREMENT OR FOR ANY OTHER REASON; OR
· ANY BREACH OF YOUR OBLIGATIONS TO ANY OTHER PERSON IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF ANY LEGISLATIVE REQUIREMENT, EQUITY OR FOR ANY OTHER REASON FOR DAMAGE TO PROPERTY, PERSONAL INJURY, DISABILITY, ILLNESS OR DEATH, RELATING TO THE USE OF THE EQUIPMENT.
YOU AND ANY OTHER PEOPLE USING THE EQUIPMENT OR PARTICIPATING IN ANY TOURS OR OTHER SERVICES WITH YOU MUST SIGN AN ACKNOWLEDGEMENT, WAIVER AND RELEASE FORM BEFORE YOU MAY USE THE EQUIPMENT AND PARTICIPATE IN ANY TOURS OR OTHER SERVICES.

PRIVACY ACT 1993
YOU ACKNOWLEDGE THAT PERSONAL INFORMATION COLLECTED OR HELD BY US (WHETHER CONTAINED IN THIS AGREEMENT OR OTHERWISE OBTAINED) IS PROVIDED AND MAY BE HELD, USED AND DISCLOSED FOR THE FOLLOWING PURPOSES:
· MARKETING;
· ADMINISTERING, WHETHER DIRECTLY OR INDIRECTLY, OUR CONTRACTS WITH THIRD PARTIES AND ENFORCING OUR RIGHTS UNDER THOSE CONTRACTS;
· ENABLING US COMMUNICATE WITH YOU FOR ANY PURPOSE.

NEW ZEALAND LAW APPLIES
THE LAW OF NEW ZEALAND APPLIES TO THIS AGREEMENT AND THE HIRE OF EQUIPMENT AND PROVISION OF TOURS OR OTHER SERVICES TO YOU. THE COURTS OF NEW ZEALAND HAVE EXCLUSIVE JURISDICTION IN RESPECT OF THIS AGREEMENT AND THE SERVICES CONTEMPLATED