TERMS AND CONDITIONS

To reserve your place on a Surfari Trip, you must complete the Booking Form and pay a non-refundable deposit per person per trip to Water Nomads. The deposit amount reflects costs incurred by Water Nomads in processing the booking and initial arrangements.

The prices quoted on our website waternomads.co.nz are the most current, are per person, and are subject to minimum numbers. If minimum numbers are not met by the balance payment due date, a small group surcharge may be offered to ensure the Trip’s operation. Refer to the Surfari Trip notes for all Trip inclusions and exclusions.

Once you have paid a deposit for your Trip, any subsequent discounts or price reductions advertised will not be retrospectively applied. Water Nomads reserves the right to amend Surfari Trip prices if unforeseen circumstances beyond our control significantly impact costs (e.g., major currency fluctuations, governmental taxes, or supplier cost increases). In such cases, if the price increase is greater than 10% of the original trip price, you will have the option to accept the new price or cancel your booking and receive a full refund of all monies paid.

Payment Schedule:

• Bookings more than 6 months prior to departure: A non-refundable and non-transferable advanced deposit as outlined on the trip specific booking form is required upon booking, with a further deposit balance due 6 months prior to departure.
• Bookings less than 6 months prior to departure: A non-refundable and non-transferable full deposit as outlined on the trip specific booking form is required upon booking.
• Bookings less than 45 days prior to departure: 100% of the total trip cost is payable upon booking.

The total trip balance is due 45 days prior to your departure date. If the balance is not paid by this date, Water Nomads reserves the right to treat the booking as cancelled and apply the cancellation policy outlined in Clause 5.

Payment Methods:

Deposits and balances can be paid to our bank account, via Visa or MasterCard through Stripe (a 3.5% fee applies for Stripe payments), or International Bank Deposit. You are responsible for all fees associated with bank transfers. All prices are quoted in New Zealand Dollars (NZD) and include all applicable taxes.

4.1 To make amendments to your Surfari Trip arrangements, you must notify Water Nomads in writing. Each amendment to your tour arrangements will incur a $100 administration fee and you will be liable for any increase in airfares or operational expenses occasioned by the amendment.

4.2 If you wish to transfer from one Surfari Trip to another, you must notify Water Nomads in writing after which the transfer will take effect subject to the following. Transfers may only be made to another Surfari Trip to commence within 12 months of your original departure date and the following transfer charges will apply:

• If your notice is received more than 180 days prior to your original departure date, a $100 transfer fee will apply. In addition, any increase in airfares or operational services or extra permit/deposit penalties will apply: or
• If your notice is received within 180-45 days prior to your original departure date, 30% of your original tour price will be forfeited: or
• If less than 45 days prior to your original departure date, 100% of your tour price will be forfeited.

5.1 Cancellations by You:

Due to the small group nature of our business, cancellations significantly impact us. Our cancellation policy is applied rigorously, and by confirming your booking, you acknowledge and accept its conditions. Gift vouchers are non-refundable.

If you wish to cancel your trip, you must notify Water Nomads in writing. The cancellation will take effect from the date we receive your written notification, and the following charges will apply:

• More than 180 days prior to departure date: Your full deposit will be forfeited. This deposit covers administrative costs and initial expenses incurred by Water Nomads in securing your booking.
• Between 180 and 45 days prior to departure date: 30% of the Surfari Trip price will be forfeited.
• Less than 45 days prior to departure date: 100% of the Surfari Trip price will be forfeited.

The Surfari Trip price is quoted as a package; therefore, no partial refunds or credits will be given for services not used within the package. Any forfeited amount not yet paid to Water Nomads by you may be recovered as a debt due and payable.

5.2 Cancellations or Changes by Water Nomads:

Water Nomads reserves the right to change, postpone, or cancel any aspect of a Surfari Trip if, in our absolute discretion, it is necessary due to:

• Inclement weather or conditions that are known to us and are otherwise likely to be hazardous or dangerous.
• Any other adverse or threatening conditions (e.g., political, military, terrorist, or environmental).
• A likelihood of any such event occurring which may impact the safety of participants.
• An act or omission of a third party that prevents the Trip or an aspect of the Trip from being undertaken.
• Other reasons considered necessary by Water Nomads for the safety and well-being of participants or the successful operation of the trip.

In the event of any such change, modification, postponement, or delay, Water Nomads will endeavour to offer a suitable alternative or a credit for a future trip where possible. You acknowledge that, in such circumstances, you may not be entitled to a full refund of the Surfari Trip price (whether in whole or in part) and no right to claim compensation for any injury, loss, or damage, or other additional expenses incurred (such as non-refundable flights or associated travel costs), unless such loss is due to our negligence or breach of our obligations under the Consumer Guarantees Act 1993.

5.3 Cancellation due to Trip booking numbers:

Water Nomads reserve the right to nominate a small group surcharge where a Surfari Trip has not reached minimum numbers or to cancel the Trip. In case of a Trip cancellation you will be given a full refund of the Surfari Trip price. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage or for any loss of time or inconvenience which may result from such cancellation including but not limited to visa, passport and vaccination charges, gear purchases or non refundable flights and taxes.

6.1 Health, Safety and Fitness:

To fully enjoy and benefit from your holiday experience you should be in good health and physical condition. We recommend you contact us if you have any concerns. All Surfari Trips and activities have inherent risks involved and can be dangerous.

Some of these Surfari Trips operate in areas that maybe remote, have rapidly changing and sometimes extreme weather, have difficult to access paths, uneven or steep terrain, or on cold water. While all safety precautions are taken it is the participants responsibility to ensure they have brought with them appropriate clothing/wetsuit and have the appropriate fitness/skill level for each Surfari Trip.

6.2 Medical Disclosure:

You declare and warrant that:

• you are in good health and mental and physical fitness at the time of booking this Surfari Trip;
• you have disclosed to Water Nomads every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to Water Nomads decision to permit you to go on the Surfari Trip;
• immediately upon any adverse change in your health or fitness that may be likely to affect Water Nomads decision to permit you to go on the Surfari Trip, you will notify Water Nomads in writing of any such adverse change;
• you acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and extends for the duration of the Surfari Trip.
• you have taken out a travel insurance policy that adequately covers you for medical eventualities including cover specifically for pre-existing medical conditions. While New Zealand ACC covers accidents, it does not cover illness, and insurance is crucial.

No refunds will be given to travellers in circumstances when the traveller has not advised Water Nomads of their medical conditions and its severity and decided to continue with the tour anyway. Failure to disclose relevant medical information may impact your ability to receive appropriate assistance during the trip and may affect any insurance claims you make.

6.3 Surfari Trip Leaders:

Water Nomads Surfari Trip leaders take their responsibilities seriously. If for any reason a Trip leader believes, in their absolute discretion, that you should not participate in the Surfari Trip, before your departure, they may exclude you from the Surfari Trip. In this event, you will be offered the option of taking another Surfari Trip considered suitable for you or a full refund. If for any reason during a Surfari the Trip leader considers you should not participate further due to you committing an illegal act, or in the opinion of the Trip leader, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health (mental and/or physical) is questioned, they may direct you not to continue and you must follow the Trip leader’s instructions. In this case you will not be entitled to any refund.

If while during your trip you have a problem, please bring this to the immediate attention of a Water Nomads representative.

8.1 Insurance:

Travel insurance is not included in the Trip price. We strongly advise that you take out a comprehensive personal travel insurance policy immediately upon booking, covering:

• Trip cancellation or interruption.
• Medical emergencies, including pre-existing conditions and illness (as ACC in New Zealand covers accidents, but not illness).
• Emergency medical evacuation and repatriation.
• Loss of luggage or personal belongings.

Water Nomads accepts no responsibility for costs incurred due to illness, personal accidents not covered by ACC, or evacuation costs. While ACC provides cover for accidental injuries in New Zealand, it does not cover illness, lost deposits, or other travel disruptions. It is your responsibility to ensure your insurance policy provides adequate coverage for the activities you will undertake.

8.2 Proof of citizenship or information required to travel:

It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation (ie, visas) or failure to provide information. It is a requirement of many countries that your passport is valid for six months beyond the date of your return home to your home country and it is your responsibility to check you have such validity.

9.1 Itineraries and brochures:

Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by Water Nomads. The information contained on Water Nomads website, brochures, trip notes and pre departure information is to the best of Water Nomads belief, correct at the date of publishing.

9.2 Airlines and other transport providers:

Any material published by Water Nomads, the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the Surfari Trip. If an airline’s proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by Water Nomads. Any flights or other transport forming part of the Surfari Trip arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers in accordance with applicable international law and conventions.

9.3 Photography and Video:

During the course of the Surfari Trip, representatives of Water Nomads may make video and/or photographic recordings that may include your voice and/or image. You agree that any and all such recordings will be the sole and exclusive property of Water Nomads and that Water Nomads is authorised to use such recordings or photography for promotional or marketing purposes in any manner it so chooses without any further agreement by you. If you prefer not to be included in such recordings, please notify Water Nomads in writing prior to your trip departure.

Minors (persons under 18 years of age) are only permitted to participate in a Surfari Trip if they are accompanied at all times by their parent or legal guardian. The parent or legal guardian must be a paying participant on the same trip. The accompanying parent or legal guardian is responsible for the minor’s supervision, safety, and conduct for the entire duration of the trip, and must sign the Waiver, Release, and Indemnity Agreement on the minor’s behalf. By signing, the parent or legal guardian assumes all liability and responsibility for the minor’s participation, including any damage or injury caused by the minor. Water Nomads’ duty of care for the minor is limited to the same extent as for an adult participant.

11.1 Assumption of risk

You acknowledge and agree that:

• by the very nature of adventure travel and multi activity holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death;
• in the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part;
• the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;
• the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour, and
• you have submitted your booking for the Surfari Trip after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the government of New Zealand, transit nations, and your home nation, that it is your responsibility to acquaint yourself with that information or advice. For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss.

11.2 Release of Liability:

To the fullest extent permitted by New Zealand law, and without limiting your rights under the Consumer Guarantees Act 1993, Water Nomads will not be liable for any claims, actions, loss, or damage arising out of personal injury or death, or property damage, loss of service (including consequential, exemplary, or punitive damages) which may arise in connection with your participation in any tour, unless caused by the negligence or reckless conduct of Water Nomads or its employees.

11.3 Release and discharge:

To the extent permitted by New Zealand law, by accepting the inherent dangers and risks associated with the tour, you release, waive, and discharge all Water Nomads representatives (including our ground operators) from all claims, actions, or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise:

• out of or occur during your travel in connection with the Surfari Trip or any activities conducted in conjunction with the tour, unless caused by the reckless conduct or negligence of Water Nomads representatives or a breach of our obligations under the Consumer Guarantees Act 1993.
• in connection with any optional activities which you may undertake during the course of your tour but which do not comprise part of your Surfari Trip itinerary and you accept that any assistance given to you by Water Nomads representatives in arranging such optional activities will not render the Water Nomads representatives liable to you in any way.

11.4 Force Majeure:

If Water Nomads is prevented or delayed (directly or indirectly) from performing its obligations under this agreement due to events beyond our reasonable control (Force Majeure), including but not limited to: acts of God, strikes, trade disputes, fire, breakdowns, epidemics and pandemics, interruption of transport, government or political action, travel bans, acts of war or terrorism, or acts or omissions of a third party, Water Nomads will not be liable for any failure to perform its obligations. In such circumstances, Water Nomads may, at its option, by written notice to you, cancel or postpone the tour. In such cases, while Water Nomads will endeavour to offer alternative dates or a credit for a future trip, our standard cancellation policy (Clause 5.1) regarding forfeited payments may apply, reflecting our incurred costs and commitments, and you will have no right to claim compensation for additional expenses incurred (such as non-refundable flights).

11.5 Waiver:

A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.

11.6 Severance of conditions:

If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered.

11.7 Law and jurisdiction:

This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of New Zealand.