Windsurfer water starts outside wave break

TERMS AND CONDITIONS

Surfari Trips and Rental Agreement

Please read carefully these terms and conditions of contract. In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between Water Nomads and you. No variation of these conditions will be effective unless in writing and signed by a person so authorised by Water Nomads.

Surfari Trips | 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 prices quoted on our website waternomads.co.nz represent the most current prices, are per person and are subject to minimum numbers. Where minimum numbers are not met by the balance payment due date, a small group surcharge will be offered to ensure the Trips 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 that are advertised may not be retrospectively applied. Water Nomads reserve the right to amend Surfari Trip prices at any time.

The total trip balance is payable 45- days prior to your departure date. If the balance is not paid by such date, Water Nomads reserves the right to treat the booking as cancelled.

  • Bookings more than 6 months prior to departure date: a non-refundable and non-transferable 10% deposit of the total trip price is required and due at invoice date, with a further 20% due 6 months prior to departure date.
  • Bookings less than 6 months prior to departure date: a non-refundable and non-transferable 30% deposit of the total trip price is required and due at invoice date.
  • Bookings less than 45- days prior to the departure date: 100% of the total trip cost is payable upon invoice. 

Deposits can be paid to our bank account, Visa or MasterCard through Stripe (3.5% fee) or International Bank Wire Transfer.  Please note that you must cover all fees associated with banks transfers.

All prices are quoted in New Zealand dollars and include all taxes.

Paying a deposit and reserving a Surfari Trip, you are agreeing (or confirming your agreement, as the case may be) to be bound by our Terms and Conditions.

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 70 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 70-35 days prior to your original departure date, 25% of your original tour price will be forfeited: or
  • If your notice is received within 35-8 days prior to your original departure date, 50% of your original tour price will be forfeited: or
  • If less than 8 days prior to your original departure date, 100% of your tour price will be forfeited.

5.1 If you wish to cancel your tour, you must notify Water Nomads in writing where after the cancellation will take effect subject to the following:

  • If cancellation takes place more than 70 days prior to your departure date your full deposit will be forfeited.
  • If cancellation takes place between 70 & 35 days prior to your departure date 50% of the Surfari Trip price will be forfeited.
  • If cancellation takes place less than 35 days prior to your departure date 100% of the Surfari Trip price will be forfeited. Variations to the conditions outlined in clauses 3, 4 and 5 may apply. Please refer to individual trip notes for details. The Surfari Trip price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to Water Nomads by you, may be recovered from you by Water Nomads as a debt due and payable.

5.2 Postponement, cancellation or delay (either in relation to the departure or arrival times or the duration of the Trip) of any such aspect of the Trip if, in the absolute discretion of Water Nomads, it is necessary to do so due to inclement weather, or circumstances that are known to us and are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of Water Nomads, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the Trip or the aspect of the Trip being undertaken in accordance with your booking or for any other reason considered necessary by Water Nomads. In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of 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 by virtue of the change, modification, cancellation postponement or delay.

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.

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.

Water Nomads Surfari Trip leaders take their responsibilities seriously. If for any reason a Trip leader believes, in his or her 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, he or she 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.

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.

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.

Personal travel insurance is not included in the Surfari Trip price. We strongly recommend that you take out full personal travel insurance including accident, illness and travel cancellation for all Surfari Trips to guard against the unexpected. If, at any stage, you experience unexpected changes to your schedule, please call and discuss these matters, contact us directly.

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.

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.

If Water Nomads is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of an act of God, strikes, trade disputes, fire, breakdowns, epidemics and pandemics, interruption of transport , government or political action, travel bans imposed by governments, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Water Nomads reasonable control, Water Nomads will be under no liability whatsoever to you and may, at its option, by written notice to you cancel the tour wherein clause 5 of these conditions will apply in respect of cancellation charges.

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 governments of Australia, New Zealand and Canada, the British Foreign Office and US Department of State and 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.

You acknowledge and agree that:

  • To the fullest extent permitted by law and unless caused by the negligent or reckless conduct of Water Nomads, 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.
  • Water Nomads will not be liable for any breach of any law by any person with whom you travel on the tour; and
  • you may not rely on any representations concerning the Surfari Trip made by Water Nomads which are not contained in these conditions.

To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge all Water Nomads representatives (including our ground operators in the country/countries in which you tour will take place) 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 of Water Nomads representatives, or
  • 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.
During the course of the Surfari Trip, representatives of Water Nomads may make video and/or photographic recordings that may include the Participant’s 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 in any manner it so chooses without any further agreement by you.

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.

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.

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.

Rental Agreement and Terms of Use

To reserve your Watersports Equipment, you must complete the Enquiry Form. Once the equipment type/range, dates and pick-up/drop-off locations have been agreed to, an invoice for payment of a non-refundable deposit to Water Nomads will be issued with the equipment booking details. On payment the equipment is now considered booked.

To secure your booking, payment of 50% of the rental cost as a non-refundable deposit is required. The balance is due when you pick up your equipment. For bookings made less than 30 days prior to the first day of rental, the full amount is due at the date of booking. 

Deposits can be paid to our bank account, Visa or MasterCard through Stripe (3.5% fee) and International Bank Wire Transfer.  Please note that you must cover all fees associated with transfer.

All prices are quoted in New Zealand dollars and include taxes.

Paying a deposit and reserving Watersports Equipment, you are agreeing (or confirming your agreement, as the case may be) to be bound by our Terms and Conditions.

3.1 You must be insured with sufficient coverage for any possible scenarios that could happen while the duration of the rental. Water Nomads is not responsible for any accidents, injuries, or any other damage happened to you or anyone/anything else during the rental period.

3.2 Equipment damage insurance is available for $10.- to $25.-/day dependent on package i.e. board only to full equipment rental. Your excess is $150.- per insurance claim. Equipment damage insurance excludes theft, loss, damage through neglect and/or careless use.

  • Damage exclusions:
    • damage from running aground – it is your responsibility to ensure appropriate water depth and absence of obstacles above or below the water.
    • damage to other users equipment – it is your responsibility to be aware of the give way rules and wave edict. Equipment damage insurance does not cover third parties.
    • damage from ground handling – it is your responsibility to ensure the equipment is safe and secure at all times.
  • Item exclusions:
    • damage to fin(s)
    • damage to foil front and/or rear wing
    • damage to foil mast and/or fuselage

NB: Normal wear and tear is excluded. 

3.3 It is not compulsory to insure the equipment, however if you opt out, you will be liable for the full repair/replacement costs.

Customer agrees to provide Water Nomads with credit card details, for precautionary use only: 

I authorize Water Nomads to charge the credit card they have on file for me for all eventual costs in case of damages to the equipment(s) during my rental period, comprehensive of labour, except in the case that I can demonstrate other’s faults with evidence and all necessary information for reimbursement. 

In case of theft, loss or damage in exclusions, I will be responsible for reimbursing Water Nomads for the original price of the equipment(s), plus the cost of any accessories (where applicable) that were provided at the time of the gear rental.

Please refer to our Privacy Policy.

4.1 You agree to return the equipment to Water Nomads at the place, time and date indicated on the contract. A late return may be charged at the rate of a new hire. You can ask for an extension of the rental agreement before the end of the contract. If agreed too, you must sign a new contract if required by Water Nomads.

4.2 You agree to return the equipment in clean, UNDAMAGED condition to avoid any ADDITIONAL charges for repair, maintenance or replacement. You accept use of the equipment AS IS, in good condition, and accepts full responsibility for care of the equipment while under his/her possession.

4.3 Damage will be repaired/replaced at Water Nomads discretion and you agree to pay regular repair rates or retail prices for equipment replaced.

4.4 Undamaged condition means normal wear and tear is accepted but does not include equipment damage from misuse and/or crashes.

We reserve the right to charge the replacement value of any item that is not returned, stolen or goes missing. We highly recommend checking your insurance cover.

6.1 We reserve the right to charge for damages at our discretion, up to replacement value. Undamaged condition means normal wear and tear is accepted but does not include equipment damage from misuse and/or crashes.

6.2 Equipment supplied are maintained to an as new condition. It is the responsibility of the you to check the equipment at the start of the hire BEFORE setting out on the water. We recommend any excessive wear or damage not noted at the start of the hire, to take images or video and forward to Water Nomads as promptly as practical.

6.3 You must inform Water Nomads of any damage to the equipment directly after it occurred. You must take all possible actions to avoid further damage and follow the instructions given by Water Nomads.

6.4 If a piece of equipment becomes damaged or breaks, Water Nomads will endeavour to supply a suitable replacement equal or similar to the original equipment hired in a timely manor. This is subject to equipment availability (from Water Nomads and/or equipment suppliers) and your location at the time. 

7.1 Bookings cancelled prior to hire date forfeit their deposit – No refund.

7.2 Once the hire equipment has been picked-up, you will not get a refund for returning any or all equipment earlier.

7.3 Water Nomads reserves the right to end unilaterally the rental agreement before the expiry date in the event of severe breach of contract by you in relation to the correct use and care of the equipment. In this event Water Nomads would be entitled to take back the rented equipment without any possible claim from you.

You agree to treat the equipment with reasonable care including:

  • Always secure equipment if leaving unattended.
  • Leashes are included in the rental, it is compulsory to attach a leash and wear it at all times on the water.
  • You accept use of the equipment AS IS, in good condition, and accept full responsibility for care of the equipment while under your possession. Damaged equipment will be repaired/replaced at Water Nomads discretion and you agree to pay regular repair rates and retail prices for equipment replaced.
  • It is forbidden to lend, sell or exchange any equipment.
  • It is forbidden to take any equipment out of the country (New Zealand) without prior written agreement by Water Nomads.

You ride at your own risk:

  • Water Nomads will not be held liable for any injury, damage or loss you incur while riding equipment.
  • You agree to comply with all requirements given by the New Zealand Laws, and in particular to Maritime Law. I am aware the Water Nomads rentals do not come with life vests or life jackets.
  • You agree not to ride while intoxicated or under the influence of drugs.
  • You declare to be in good health condition required for the practice of this sport. You must not use the equipment in conditions that are above your skill level.

In consideration of Water Nomads renting me this equipment, I specifically release and forever discharge Water Nomads and its affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which I may suffer while renting this equipment and participating in water sports. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Water Nomads or its affiliates, officers, agents, or employees. It is my intent by the Waiver And Release Agreement to release Water Nomads and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Water Nomads or whether based upon breach of contract, breach of warranty, or any other legal theory. In signing this document, I fully recognize that if injury, illness, death or damage occurs to me while I am engaged in renting this equipment or participating in water sports, I will have no right to make a claim or file a lawsuit against Water Nomads or its affiliates, officers, agents or employees, even if they or any of them negligently cause my injury, illness, death or damage.

  • I realize the importance of wearing a leash. I agree a leash must be worn correctly at all times.
  • I understand that this activity may result in severe injury, including but not limited to spinal or head injury or worse.
  • I understand that this activity may result in hazards posed by other water users and boats or water conditions.
  • I understand that there are no life guards in some areas I will be riding.
  • Water Nomads have answered any questions I have had.

I understand and accept that renting this equipment and participating in water sports exposes me to many hazards that may entail unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property. 

I also understand I should be in good physical health to participate in water sports, and I confirm that I have no significant health issues that prevent me from participating in water sports. I have no medical conditions, nor have I been diagnosed with a condition that prevents me from board riding.  In spite of the aforementioned risks and acknowledgements, I hereby assume all risk of injury or loss of life to myself and loss of or damage to property arising out of renting this equipment and participating in water sports. I understand the inherent risk involved in using this rental equipment and accept full responsibility for any and all such damage or injury which may result.

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.