Terms & Conditions

1         APPLICATION OF TERMS

1.1       These Terms apply to your use of the Websites and its subdomains, including all sub webpages.  By accessing and using the Websites:  you agree to these Terms; and  where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2        If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so. 

These terms and conditions are between Pacific Jane Ltd New Zealand, ("company", "we", "us" or "our") and all persons named on the itinerary/booking form/enquire from etc. ("you", "your").

Our rights

We reserve the right to amend pricing at any time.

Alternation below

We reserve the right to amend any quoted pricing at any time.  For customers who have paid a deposit the quoted price will remain as per trip quoted price on the day of the paid deposit. 

From time to time events outside of our control mean that itinerary components may need to be replaced. We guarantee that the replacement product or service will be of equal or higher quality.

Whereby third party information from accommodation providers and or activity providers is incorrect or inaccurate PacificJane is acting as an agent for these suppliers.  

Any information provided is done so with the understanding that the information may have been provided by a third party and should therefore only be used as a guideline. We may use third-party suppliers or providers of some services and products and as such acts as agents for those suppliers. 

Any claim or liability resulting from those services or products is the responsibility of the supplier or provider.The company, its employees, independent contractors, suppliers and any person acting on behalf of the company accept no responsibility for damage or loss to property or person however caused.

The company prides itself on operating with honest, fair and reasonable business practices and has been built on providing excellent service and product to its guests. Should you feel that the product or service you have experienced did not live up to our promise then please contact the General Manager (phone number). All possible actions will be undertaken to rectify the situation to your satisfaction.

2           CHANGES

2.1        We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Website, you agree to be bound by the changed Terms.

2.2  We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

2.3  These Terms were last updated on 20 January 2021.

3         DEFINITIONS

In these Terms:

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Terms means these terms and conditions titled Website Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website

We, us or our means Pacificjane.com, nzjane.com or Pacific Jane Ltd.

Website means URL 

You mean you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4         YOUR OBLIGATIONS

4.1        You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

4.2        If you are given a User ID, you must keep your User ID secure and:

a             not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

b             immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to pacificjane@pacificjane.com

4.3        You must:

a             not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

b             unless with our agreement, access the Website via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.4        You must obtain our written permission to establish a link to our Website.  If you wish to do so, email your request to pacificjane@pacificjane.com

4.5        You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

5         INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

5.1  PHOTOGRAPHY AND IMAGES 

If we have inadvertently used your photograph without your permission we apologise and will remove the photograph immediately. Any use without permission is an oversight. It is usual practice to request permission for use of photographs posted on Facebook or Instagram or other social media channels.  Please email info@pacificjane.com with details of the potential copyright infringement.

6            DISCLAIMERS

6.1        To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a             the Website being unavailable (in whole or in part) or performing slowly;

b             any error in, or omission from, any information made available through the Website;

c              any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

d             any site linked from the Website.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

6.2        We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the lawsP of all countries.  You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7             LIABILITY

7.1         To the maximum extent permitted by law:

a             you access and use the Website at your own risk; and

b             we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

7.2        Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

7.3        To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100. 

8         PRIVACY POLICY 

8.1        You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you.  For example, we may need to have your contact information in order to provide you with updates from our Website. 

8.2        When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.

8.3        The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.

8.4        We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website.  We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

8.5        Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:

a             to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);

b             in relation to the proposed purchase or acquisition of our business or assets; or

c              where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

8.6        Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand.  This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

8.7        You have the right to request access to and correction of any of the personal information we hold about you.  If you would like to exercise these rights, please email us at info@pacificjane.com make sure we use the same email address everywhere

9         SUSPENSION AND TERMINATION

9.1        Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

9.2        On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

10   GENERAL

10.1 If we need to contact you, we may do so by email or by posting a notice on the Website.  You agree that this satisfies all legal requirements in relation to written communications.

10.2     These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

10.3     For us to waive a right under these Terms, the waiver must be in writing.

10.4     Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.

10.5     If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

10.6     These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

11. Returns / Faulty goods. Pacificjane will return the money back if the product has technical issues which make it impossible to browse digital itinerary on a laptop or mobile devices. Any returns must be accompanied by a screenshot or screencast, of the technical problem. We will work on a remedial action to correct the problem. If the problem is corrected within five days of the date of the technical problem we will consider the matter closed. We will process a refund within 10 working days from the date the return to sale (refund) request was received if the issue / fault is not corrected. Otherwise sale of itineraries and other online resources is a non-return sale, a download document cannot be returned to Pacificjane for a refund on the grounds you no longer want or desire to own a copy of the download and online access. 

1. New Zealand road trips use NZTA journey planner for all road trips before departing to check for closures and other diversions, click  Regions for details. 

2. Australian road closures check Road and traffic information (Department of Transport and Main Roads) Queensland.  Closures & roadworks Western Australia. Outback Road Warnings South Australia. Live Traffic NSW New South Wales. Southern road closures - Trip information - Using roads - Roads, New South Wales.  VicTraffic.  Victoria. Road closures and delays – Transport Services Tasmania. Check road conditions Northern Territory.  

3. Check and if necessary telephone STAY providers, tour operators to ensure that goods and services are operating.  The reputable operators will flag on their websites they have ceased trading and/or are in hibernation. 

4. Check and, if necessary, contact direct transport, tour and accommodation operators they are continuing to trade just before your scheduled departure and/or booking online. 

5. PacificJane and other social media posts cannot take responsibility for any tourism or visitor operator who has ceased trading and unable to fulfil the obligations initially agreed to with their customers.  Remember to check contract supply and/or refund details before booking and paying a deposit. 

6. Pacificjane acknowledges the New Zealand Department of Conservation as the authority and spokesperson for National Parks and other reserves under their management. Any errors, omissions will be immediately corrected as soon as possible upon notification.

7. Pacificjane acknowledges Australia, Parks Australia and its organisation, Director of National Parks is a government-owned corporation of the Australian government responsible for the management of a portfolio of terrestrial and marine protected areas proclaimed under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The agency is a corporation solely as the authority and spokesperson for National Parks and other reserves under their management.  Any errors, omissions will be immediately corrected as soon as possible upon notification. 

8. Remember to check the hotel websites for availability and openings. 

1. At all times heed warnings from public health and/or safety authorities about road conditions, travel advisories, tour operators and the same.  Your safety, at all times, is important to us. 

2. Any email and any attachments to it (the "Communication") is, unless otherwise stated, confidential, may contain copyright material and is for the use only of the intended recipient. If you receive the Communication in error, please notify the sender immediately by return email, delete the Communication and the return email, and do not read, copy, retransmit or otherwise deal with it. Any views expressed in the Communication are those of the individual sender only, unless expressly stated to be those of PacificJane Ltd, or any of its related entities including STE does not accept liability in connection with the integrity of or errors in the Communication, computer virus, data corruption, interference or delay arising from or in respect of the Communication.``

3. Use of photographs.  Any photographs not tagged remain the property of PacificJane.  PacificJane allows the use of the photographs in social media posts however the photographs are for editorial use only, that is the photographs are not to be used for commercial advertising, billboards, promotional material or on any products used for commercial or retail purposes.  Editorial use is free, there are no charges however PacificJane.com must be acknowledged as the source of the photographs.

4. Use of photographs whereby PacificJane has acknowledged the original source of the photographs.  If we have infringed on use of any individual photograph please email details and we will remove the photograph as soon as possible.  We respect copyright and acknowledge all source material.  It is a pleasure to work with photographers and are happy to accept ideas to further any collaborative effort.

5. Citation and source material, at all times we acknowledge original authorship and apologise for any omissions.  If we have infringed on use of any copyrighted material inadvertently please contact us and we will remove the offending material as soon as possible.  If you wish for PacificJane to alter or amend the citation to its corrected form please contact PacificJane.

6. All communications info@pacificjane.com

ADVERTISING ON THE WEBSITE

1. Pacific Jane Ltd is not responsible for conversion of queries to your website. 

DIRECT BANK TRANSFER

Please make your payment including all bank charges and transfer fees to Pacific Jane Ltd  Account:

Account No. 12-3109-0134479-50

ASB Bank 

Beneficiary Bank Address: ASB Bank Limited, 12 Jellicoe Street, Auckland Central, Auckland 1010, New Zealand

SWIFT No: ASBBNZ2A