The Cook Islands
ACKNOWLEDGEMENT
Please read the following terms and conditions carefully. You must not make any booking unless you understand and agree with our terms and conditions. References to “us”, “we” and/or “our” in these booking terms and conditions shall mean The Cook Islands. These terms and conditions apply to bookings you make with our consultants, in-store, over phone or by email, as well as online bookings you make on our website.
By making a booking, which is deemed to have occurred at the time you receive a Purchase Confirmation, the person who makes the booking agrees on behalf of all persons detailed in the booking that:
1. He/she has fully read these terms and conditions and has the authority to and does agree to be bound by them
2. He/she consents to our use of information in accordance with our Privacy Policy
3. He/she is 18 years of age or over and where making a booking with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services .
PASSPORTS, VISAS AND HEALTH REQUIREMENTS
All travellers must have a valid passport for international travel, with at least 6 months validity from the date of return and at least 2 blank pages at the time of travel. Visas, including transit visas and re-entry permits, are the passenger’s responsibility. You must ensure you’re aware of passport, visa, health and other requirements of the country or countries you intend to visit, and obtain all relevant documentation prior to travel. Any expenses, fines, penalties, costs or losses incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. The Cook Islands offers a visa processing service, so please call our team on (02) 8003 4357 if you’d like our assistance.
Visa information provided in the Important Information on your Purchase Confirmation is correct at the time of publication, but is subject to change without notice at any time. It’s your responsibility to confirm visa requirements prior to travel and The Cook Islands is not obliged to compensate you in the event that visa advice changes after publication.
All travellers must possess physical and mental fitness well enough to travel. It’s your responsibility to ensure that you’re aware of any health requirements for your travel destination/s. For some countries, a failure to disclose a health condition may result in the applicable country refusing you entry, or in you being detained, expelled or repatriated from it. Vaccinations are strongly recommended for certain destinations and in some cases vaccination paperwork may be a condition of entry. Please note that vaccinations may be recommended well in advance of travelling. We will not be responsible and will not be held liable for any expenses, fines, penalties, costs or losses incurred in relation to a traveller’s failure to comply with international countries’ entry/ health requirements.
TRAVEL INSURANCE
We strongly recommend you purchase travel insurance immediately after making your booking. Your policy should include cancellation, baggage, theft, personal liability, accident and medical cover, plus any other requirements specific to your travel plans. We’re proud to offer a range of travel insurance products in partnership with My Travel Insurance. For a quick quote or information on the products we provide, please ask your consultant or call us on 1300 00 TRIP (8747). If you purchase travel and decline travel insurance, you may be required to sign a disclaimer.
The Cook Islands ABN 13 210 267 059 is an authorised representative of AGA Assistance Australia Pty Ltd ABN 52 097 227 177 AFSL 245631 trading as Allianz Global Assistance. Travel Insurance is underwritten by Allianz Australia Insurance Limited ABN 15 000 122 850 AFSL 234708 and issued and managed by Allianz Global Assistance. Terms, conditions, limits and exclusions apply. Before making a decision please consider the Product Disclosure Statement. If you purchase a policy, the Authorised Representative receives a commission which is a percentage of your premium – ask us for more details.
TRAVEL ADVICE
It’s your responsibility to be aware of the safety, local conditions, and issues that may exist at your travel destination/s. We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website www.smartraveller.gov.au for current advice. You can also register your travel plans with DFAT so you’re easily contactable in case of emergency.
ORDERS
Promotion of a travel offer on our website does not constitute a legally binding offer, but rather, are an invitation to travel. We reserve the right to accept or reject your order for any reason after that order has been made, including but not limited to the unavailability of any product or service, an error in the price or description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received. Once placed, you cannot cancel your order.
PAYMENT
Every travel offer has its own specific Important Information in addition to these terms and conditions. The Important Information is binding for that specific offer. In receiving your Purchase Confirmation you acknowledge that you have fully read and understood the Important Information that applies to that specific travel offer, as well as these terms and conditions.
PURCHASE CONFIRMATION
Immediately after payment you’ll receive a Purchase Confirmation with more information about the booking process. Please ensure you read this information carefully, as most of our travel offers will require you to submit an online Passenger Information Form by a specific deadline in order to finalise your booking. We will not be liable for any expenses, fines, penalties, costs or losses incurred in relation to a traveller’s failure to comply with the Booking Instructions listed on their Purchase Confirmation.
If your Purchase Confirmation instructs you to submit an online Passenger Information Form, please note that the details contained on this form are final and will be used for ticketing purposes. Any booking changes requested after submitting the online Passenger Information Form cannot be guaranteed and may incur additional fees.
The Refund Policy is listed on our website and it’s your responsibility to ensure you fully read and understand this. Your Purchase Confirmation is non-refundable, cannot be redeemed for cash, and cannot be used in conjunction with any other offer or promotion. The Purchase Confirmation is valid only for the travel dates specified in the Important Information. Once this validity period has expired, the Purchase Confirmation will be considered void and is non-refundable in full or part. If you elect to receive a Purchase Confirmation without specifying travel dates at purchase, all offers are subject to availability. We recommend making bookings at least 3 months in advance. Peak times such as weekends or holiday periods should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
We’re not responsible for lost or stolen Purchase Confirmations, for any fraudulent use of the Purchase Confirmation’s unique reference number, or for any losses caused by your inability to access, print or download your Purchase Confirmation.
PRICING
All prices are in New Zealand Dollars (NZD) unless stated otherwise. The prices of travel offers listed on our website include all taxes, charges and service fees, including VAT (where applicable). All prices are subject to availability and can be withdrawn or varied without notice. Price changes may be caused by a number of factors, including currency fluctuations, fuel surcharges, taxes and airfare increases. We reserve the right to adjust any fees, charges or prices as necessary to reflect such cost increases. We reserve the right not to honour any published prices that we determine were erroneous due to printing, clerical or electronic error. In the event of a price decrease, we are not obliged to refund you to match any subsequent price reductions after purchase. We reserve the right to modify, change, extend, or cancel the travel offer at any time.
CREDIT CARD SURCHARGE
A fee of 1.5% applies to all credit card transactions.
FLIGHTS
Flight information listed on your Purchase Confirmation is subject to change based on availability and airline schedule changes. This means some flights may arrive a day earlier or later, involve a transit, a stopover, or a substitute airline. These changes are beyond our control. Your specific flight itinerary will be confirmed as part of the booking process after receiving your Purchase Confirmation. If you have any concerns about this, please call us on (02) 8003 4357
Any changes made to flights after tickets have been issued will incur charges. Please refer to the Schedule of Fees for more details. Once flights have been confirmed and tickets have been issued all tickets are non-refundable. Minimum connecting times are as per IATA, airport and airline specifications. Flights sectors are booked as advised by the operating airline in accordance with their rules.
Airlines have the right to reschedule or cancel flights at anytime, and any such schedule changes are beyond our control. It’s your responsibility to contact the airline prior to travel to ensure the scheduled departure time has not changed. In the event of a schedule change, please notify the local tour guide/hotel/transfer service via the specific contact details provided in your travel pack. We do not accept any responsibility for additional costs or losses incurred due to airline changes or cancellations. Note: significant delays of five hours or more may result in a no-show and involuntary cancellation at your accommodation unless prior notice is provided, particularly if you are delayed arriving to a stopover destination.
Any travellers purchasing an Australian domestic flight to the travel offer’s departure city are strongly recommended to arrive at the departure city one day earlier to avoid possible flight delays and cancellations.
Any travellers who fail to board their scheduled flights will be liable for any cancellation and/or reissue fees and charges incurred.
CRUISES
Cruise information listed on your Purchase Confirmation is subject to change based on availability and at the discretion of the cruise provider. Any special requests or changes to cruise bookings must be clearly stated in your Passenger Information Form and are are strictly subject to availability. Any changes requested after cabins have been booked will incur charges. This includes name changes due to customer error. Please refer to the Schedule of Fees for more details.
Cabin category selection, cabin upgrades, and any other cruise-related requests are strictly subject to availability and are not guaranteed. Cabin placement is allotted on a Run of Ship basis.
TRAVEL ITINERARY
Itinerary details listed on your Purchase Confirmation are subject to change based on availability and other external factors beyond The Cook Islands’s control. This includes, but is not limited to, itinerary elements such as accommodation, touring sites and schedule, ground transport, transfers and flight routing. In the event of an itinerary change, an alternative, of equal or higher standard, will be provided.
GROUP SIZE & MINIMUM NUMBERS
Many packages have minimum numbers required for the tour to depart. If minimum numbers are not reached we reserve the right to cancel and refund any Purchase Confirmation received for that tour. Occasionally, a tour will be approved to go ahead, even if minimum numbers have not been reached. In this instance, The Cook Islands is not obliged to cancel, refund or compensate any passengers who have already received a Purchase Confirmation.
Many packages have maximum numbers stated in the Important Information. This provides an indication of maximum group size per coach on the tour and is intended as a guide only. International package tours often have multiple coaches departing on a single departure date. In some cases airport arrival and departure transfers will combine multiple groups. This is dependant upon airline scheduling and airport ground transport requirements.
TRAVEL DOCUMENTS
Names supplied to The Cook Islands must be exactly as per your passport, including your middle name if applicable. If an incorrect name is supplied to The Cook Islands via the online Passenger Information Form and tickets are issued incorrectly this could result in a passenger being refused boarding at the time of departure. Name changes after tickets have been issued will incur additional charges from The Cook Islands and the airline as the ticket will have to be reissued. Please refer to the Schedule of Fees for more details.
It’s your responsibility to check all of your travel document – including but not limited to flight tickets, visas and insurance – immediately upon receipt and advise us as soon as possible of any errors or changes required.
BAGGAGE
Please ensure you read your travel documents carefully for details on baggage allowances as these can vary from airline to airline. The standard check-in baggage allowance for all airlines is limited to one piece and must not exceed 20kg, unless otherwise explicitly stated. Carry-on baggage is limited to one piece and must not exceed 7kg, unless otherwise explicitly stated. Excess baggage (if your airline allows it) can be expensive and is the responsibility of the traveller. The Cook Islands will not be liable for any expenses, fees, penalties, costs or losses associated with baggage allowances and excess baggage.
FREQUENT FLYER POINTS
Frequent Flyer memberships cannot be used to determine airline choice. Frequent Flyer points cannot be used to upgrade your flights with The Cook Islands. If Frequent Flyer memberships are applicable for your flights, it’s your responsibility to lodge your Frequent Flyer membership number directly with the airline at the time of check-in or by contacting the airline directly. The Cook Islands is not responsible for processing or recording your Frequent Flyer membership details.
SPECIAL REQUESTS
Special requests, including but not limited to dietary and mobility requirements, are strictly subject to availability and must be advised on your online Passenger Information Form. We will make every effort to accommodate special requests, but please note these cannot be guaranteed. Also note that it’s your responsibility to lodge airline seating requests directly with the airline at the time of check-in or by contacting the airline directly. The Cook Islands is not responsible for processing or recording airline seating requests.
CHANGES AND CANCELLATIONS
All bookings are non-refundable and cannot be redeemed for cash. We recommend you take out a comprehensive travel insurance policy immediately after making your booking to cover you against cancellation. We will not be liable for any costs or losses incurred in the event that you cancel your booking.
Any changes to your booking, including but not limited to departure date, tour length, passenger name/s, and flight ticketing requests, are subject to availability and may incur charges. Please refer to the Schedule of Fees below for further details.
All tour members are required to remain with the tour for its full duration. Any unused portion of the package is non-refundable and cannot be exchanged for other services or cash.
REFUSAL OF CARRIAGE
We retain the right to remove customers from the group for reasons that impact on the enjoyment or safety of other tour members, such as, but not limited to, the physical, medical or mental inability of customers to undertake the arrangements of the tour, unsocial or unruly behaviour, or the carriage of prohibited substances and materials.
HOTELS
Hotel descriptions are based on current hotel guides provided by suppliers and contractual agreements. Any facilities described are subject to change at any time. We have made reasonable enquiries to verify that the descriptions and details are accurate, but do not warrant that they are. In the unlikely instance of a hotel change becoming necessary, the alternative property will be of a comparable or higher standard. Non-smoking rooms are requestable, however cannot be guaranteed, as not all hotels offer dedicated non-smoking rooms. Please note that hotel porterage is not included on the first or last days of your tour, when arriving or departing your hotel independently.
TWIN SHARE ROOMS
Please note: In some areas including much of central Europe, traditional hotels sometimes offer ‘French Twins’ which are 2 separate beds and mattresses attached together and sharing a single headboard.
TRANSPORTATION
When group sizes are considered too small to use a full-sized touring coach we reserve the right to use a smaller coach. Smaller coaches, and any vehicles used for local transfers, and occasional day excursions, may not have toilet facilities on board. Individual country and EEC laws regarding coach transportation will be abided by at all times.
TRANSPORTATION
The Cook Islands is not qualified nor permitted to ensure or guarantee the quality or value of any goods purchased or the suitability of any retail outlets visited during your tour. The purchasing of goods and the use of a credit card for those transactions is entirely at the traveller’s own risk and at all times the traveller must use their own discretion. We will not be liable for any expenses, fees, penalties, costs or losses incurred as a result of transactions you make while travelling.
COMPLAINT PROCEDURE
We are committed to dealing with complaints quickly and effectively. If a problem occurs, you must attempt resolution locally with the service provider – such as the hotel, airline or tour operator – within 24 hours as a first step. Failure to follow this course will result in any following claim for compensation being reduced or denied. If you have any unresolved complaint, you must email that complaint to feedback@The Cook Islands.com.au within 30 days of the completion of your travel arrangements. Failure to lodge a complaint within this time period will result in any following claim for compensation being reduced or denied. You must attach all relevant receipts and supporting documentation, including efforts made with the service provider to resolve it. All claims are subject to the terms laid out in our Refund Policy.
LIMITATIONS OF LIABILITY
We arrange your holiday, which will be provided by suppliers that we believe to be reputable and to comply with the standards set down by their local authorities. Our obligation to you (and you expressly authorise us to) provide the relevant arrangements, bookings, ticketing and other ancillary and related services depending on the Travel Offer you have purchased. However we do not directly provide the transport, accommodation, meals or other facilities and services described on this website that you may receive on your holiday, all of which are provided by airlines, coach, rail and cruise operators, land carriers, hoteliers or suppliers of other services as principals. We agree to make the reservations with the principals offering the services described in your Travel Offer on these terms and conditions.
All travel documentation issued by The Cook Islands, including but not limited to purchase orders, receipts, vouchers, purchase confirmations, itineraries, tickets, coupons and contracts, is subject to the tariff terms and conditions contained in the contracts in use by the principal, and constitutes the sole contract between the principal and the passenger. Acceptance of such travel documentation constitutes acceptance of the foregoing.
Travel Offers are provided subject to the suppliers’ terms, conditions and limitations, which may not be expressly the subject of our contractual agreement and which may exclude or limit liability in respect of death, injury, delay, loss or damage to person or effects. We accept no responsibility for supplier terms, conditions or limitations and do not make or give any warranty or representation as to their standard. Your legal rights in connection with the provision of travel services are against the specific provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any travel service provider is unable to provide the services that you have purchased, your rights are against that provider and not against The Cook Islands. This includes itinerary changes due to weather, delays or other causes of whatever kind or nature beyond our control.
RESPONSIBILITY
The Cook Islands is responsible to the purchaser for arranging supply of the services described on this website and according to the specific booking instructions of each Travel Offer, except where such services cannot be supplied or the itinerary is changed due to weather, delays or other causes of whatever kind or nature beyond the control of the Company.
In such circumstances, we will endeavour to arrange supply of comparable services and itineraries and there shall be no refund. In the absence of our own negligence, we are not liable for any cancellations, diversions, substitution of equipment, variations, postponements, or any other act, omission or default by airlines, coach, rail or cruise operators, land carriers, hoteliers or any other suppliers, nor for any consequences thereof, including but not limited to changes to services, accommodation or facilities.
Neither The Cook Islands nor any of our directors, employees, affiliates or agents accept any liability in contract, tort or otherwise for any injury, illness, death, loss, damage (including but not limited to loss or damage to persons, baggage and property), delay, additional expense or inconvenience caused directly or indirectly by the acts, errors, omissions, default or negligence of suppliers; or caused directly or indirectly by force majeure or other events which are beyond our control including but not limited to severe weather, fire, floods, acts of God, acts of government or other authorities, failure of equipment or machinery, war, civil disturbance and malevolent acts. We are not responsible for any criminal conduct by any third parties.
The Cook Islands does not accept responsibility or liability for any acts, errors, omissions, default or negligence of any person not its direct employee or under its exclusive control, including any government or governmental authority, officer or employee; and also including any employees or agents of any of our suppliers such as airlines, coach, rail, cruise or ferry operators, shipping companies, or any other transport providers; hoteliers or other accommodation providers; land carriers, tour operators, tour guides, tour directors, travel agents, or the providers of any other meals, facilities, goods or services on your holiday or in relation to it and over whom The Cook Islands has no direct control.
We do not accept responsibility or liability for any requirements, terms or conditions of any third party who provides some service in the course of your holiday. All bookings made by The Cook Islands with transport or other service providers on your behalf are subject to the requirements, terms and conditions of those suppliers which may not be expressly the subject of our contractual agreement, particularly in relation to the applicable laws, policies and requirements of any government, governmental authority or employee including visa, entry, exit or transit.
In the event of the customer occupying a motor coach transport seat fitted with a safety belt, neither The Cook Islands nor any related agent or supplier will be liable for injury, illness, death or other loss, damage or claim arising from any incident or accident where the safety belt is not being worn correctly at the time of such incident or accident.
We do not accept any liability or responsibility for your acts, omissions, defaults, conduct, state of health, condition or circumstances, or failure to comply with the terms, conditions and requirements of any service provider, or country or governmental authorities. If you decide that you do not wish to visit a country or part of a country you had intended to visit because of any law, condition or requirements of any government or governmental authority, official, servant or agent, or because of circumstances beyond our control including but not limited to force majeure, severe weather or civil unrest, you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees.
GOVERNING LAW
This agreement will be governed and interpreted in accordance to the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the state of New South Wales.
WEBSITE GENERAL TERMS OF USE
Effective from 1 June 2011
Please read these Website General Terms of Use (“General Terms”) carefully before using this website (the “Site”). Using the Site indicates that you accept these General Terms. If you do not accept these General Terms, do not use the Site.
If we change these General Terms, we will post the revised document here with an updated effective date. If we make significant changes to these General Terms, we may also notify you by other means such as sending an email or posting a notice on our home page.
INFORMATION ABOUT US
The Site is operated by South Pacific Internet (“we”, “our”, or “us”), ABN 13 210 267 059. You can contact us using the following email address: support@The Cook Islands.com.au
ACCESS TO THE SITE
We shall not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, we may restrict access to all or some parts of the Site to users who have registered with us.
You must be 18 years old or older to register on the Site.
Only one registration per person is allowed. You must keep your registration information up to date.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
You must not:
impersonate or try to impersonate another person;
disclose your password to anyone else;
allow anyone else use your account;
use anyone else’s account.
You are responsible for everything done using your account. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by emailing support@The Cook Islands.com.au
We reserve the right to restrict or deny you access to all or some parts of the Site if, in our opinion, you have failed to comply with these General Terms.
INTELLECTUAL PROPERTY AND PERMITTED USE
We are the owner or licensee of all intellectual property rights in the Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved
You may print and download extracts from the Site for personal non-commercial use on the following basis:
no documents or related graphics are modified in any way
no graphics are used separately from accompanying text
no copyright and trade mark notices are removed.
You agree not to:
use the Site for commercial purposes without obtaining our prior written agreement
copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of the Site except as permitted above
MATERIAL SUBMITTED BY YOU
Except for information that identifies you personally (e.g. your name, address, telephone number, email address and payment details), any material which you submit will be considered non-confidential and non-proprietary such that we shall have the right to use, copy, distribute and disclose it to third parties for any purpose.
You agree not to submit any material:
that is false, misleading, defamatory, discriminatory, threatening, offensive, abusive, likely to cause someone anxiety or distress, encourages violence or racial or religious hatred, blasphemous, pornographic, in breach of confidence, in breach of privacy; or
that infringes any intellectual property rights, such as copyright and trade marks. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
which encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful.
We are not obliged to use material submitted by you and we may remove from the Site and our database any of the material submitted by you at our sole discretion.
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone submitting material in breach of this clause
We will not be responsible, or liable to any third party, for the content or accuracy of any materials submitted by you.
DATA PROTECTION AND PRIVACY
We use and process your personal information in accordance with our Privacy Policy. By visiting and using the site you agree to be bound by the terms of our Privacy Policy.
THIRD PARTY CONTENT AND LINKS
We are not liable or responsible for the third party content on the Site. Third party content includes, for example, comments posted by other users and display advertising.
Where the Site contain links to other sites and resources which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.
LIABILITY
The material contained on the Site is for information purposes only and does not constitute advice. You should carry out your own check in respect of any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the materials on the Site.
We are not liable for:
any action you may take as a result of relying on any information/materials provided on the Site or for any loss or damage suffered by you as a result of you taking such action; or
any dealings you have with third parties (e.g. suppliers of goods or services or advertisers) that take place using or facilitated by the Site; or
any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach by us of these General Terms.
We are not responsible if you cannot use the Site properly or at all because of any event outside our control (e.g. the performance of your or our internet service provider, your browser or the internet.)
The Site relies in part on software to work. Software has bugs. Whilst we monitor the Site and try to fix bugs promptly, we do not guarantee that the Site will be error free, available all the time and/or free from viruses.
Nothing in these General Terms affects any liability which we may have for death or personal injury arising from our negligence, fraud or any other liability which cannot be excluded or limited by law.
VALIDITY
If any part or provision of these General Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
GOVERNING LAW
This agreement will be governed and interpreted in accordance to the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales.