Terms & Conditions

Terms & Conditions

1. DEFINITIONS AND INTERPRETATION

1.1 The following definitions apply in these Terms:

• XP Travel Group, XP Travel, XP, we, us, and our: Refer to XP Travel.

• Business Day: Refers to any day other than a Saturday, Sunday, or public holiday in the region where the Services are provided.

• Confidential Information: Encompasses this Agreement and any non-public financial, business, or commercial information related to a Party in any form, which the other Party may receive or obtain in connection with this Agreement or the Services.

• Customer, you, and your: Denotes you, the Customer.

• Travel Booking: Encompasses any Travel Product or Travel & Event Products booked by us on your behalf and confirmed by the relevant Travel & Event Provider.

• Travel Product: Encompasses any travel service or product offered by a Travel & Event Provider, such as airfare, event ticket, package, cruise, or hotel accommodation.

• Travel & Event Providers: Denotes any provider of Travel & Event Products, and Travel & Event Provider means any one of them.

• Services: Denotes any travel consulting and advisory services provided by us to you, including designing travel holiday & Event packages, booking Travel & Event Products, facilitating amendments or cancellations to your Travel & Event Booking, advising on relevant travel requirements, and all incidental consultancy and advisory services.

1.2 The following rules of interpretation apply in this Agreement: (a) References to persons include natural persons and any other body corporates (wherever incorporated). (b) References to the words including, include, or similar words do not imply any limitation.

2. AGREEMENT

2.1 Unless agreed otherwise by us in writing, these terms of service (Terms) apply to every supply of Services by us to you, including any bookings made with our travel consultants in-store, over the phone, or by email. We reserve the right to amend the Terms with written notice to you. Your continued use of the Services or subsequent requests for further Services will be deemed acceptance of such amended Terms, replacing any previous arrangements or understandings between you and us.

2.2 If you instruct us to make a booking and/or accept our quote, that shall constitute acceptance of these Terms and such quote. Together, they constitute the Agreement between you and us. Any variations or additions to the Agreement not expressly agreed in writing by us are expressly rejected.

3. AGENCY

3.1 We operate as a travel agent only, arranging travel services and selling Travel & Event Products on behalf of third-party Travel & Event Providers, including airlines, ticketing companies, tour and cruise operators, car hirers, and accommodation providers. Our Services include booking and advisory services, allowing you to purchase Travel & Event Products. A Service Fee is charged for providing these Services.

3.2 Each Travel & Event Product is governed by the terms and conditions of the relevant Travel & Event Provider. Your rights to amend or cancel your Travel Booking, and the associated costs, will be governed by the Travel & Event Provider’s terms and conditions. XP Travel Group is not liable to you for the delivery of the Travel & Event Product by the Travel & Event Provider.

3.3 We will make reasonable efforts to ensure you are aware of the Travel & Event Provider’s terms and conditions, including key terms such as amendment and cancellation policies, and any additional fees applicable to the Travel & Event Product (e.g., tipping, resort fees, etc.) at the time of travel.

4. OUR SERVICES

4.1 XP Travel will provide the Services as outlined in our quote and in accordance with the terms and conditions specified in this Agreement.

4.2 In the provision of Services, XP Travel will: (a) Exercise due care and skill. (b) Comply with all applicable laws, regulations, and by-laws governing the provision of Services.

4.3 Except as provided in clause 4.4, XP Travel will deliver Services in accordance with the consumer guarantees outlined in the Consumer Guarantees Act 1993 (CGA). In summary, this means that the Services: (a) Will be carried out with reasonable care and skill. (b) Will be reasonably fit for any particular purpose communicated by you to XP Travel. (c) Will be of such a nature and quality that they can reasonably be expected to achieve the desired result. (d) Will be provided within any agreed timeframe or, if no timeframe is agreed, within a reasonable time. If XP Travel fails to meet any of these consumer guarantees, you have rights under the CGA.

4.4 If you are in "trade" and acquiring the Services for the purposes of "trade" (as defined in the CGA), you acknowledge and agree that: (a) The provisions of the CGA will not apply to this Agreement or any Services provided by XP Travel under this Agreement. (b) It is fair and reasonable to be bound by this provision.

5. SERVICE FEES AND COMMISSIONS

5.1 The fees payable by you will be as agreed or quoted in writing before XP Travel provides the Services or, in the absence of an agreement, at rates outlined in the Schedule (Service Fees). These Service Fees are non-refundable, even if the Travel Product is canceled or remains unused.

5.2 XP Travel may receive commissions, fees, rebates, gifts, or other financial incentives from Travel & Event Providers concerning your Travel Booking (Commissions). XP Travel is not obligated to pass these Commissions on to you.

5.3 Unless XP Travel requires payment in advance, invoices will be submitted on a periodic basis or upon completion of the Services. Each invoice must be paid in full within seven days of the date of issuance. Payment will be made via direct credit to XP Travel's nominated bank account.

5.4 If any sum due under this Agreement is not paid by the due date: (a) You must pay interest on that sum at a rate of 3% per annum (calculated daily and capitalized monthly) from the due date until the date the sum (including all accrued interest) is paid in full by you. (b) XP Travel is not obliged to perform further Services until outstanding amounts are paid in full by you.

6. YOUR TRAVEL & EVENT BOOKING

6.1 XP Travel will book Travel & Event Products on your behalf according to your instructions and the information provided by you.

6.2 You are responsible for providing all necessary information for each traveler, ensuring its accuracy. This includes informing XP Travel of any relevant medical (including pregnancy), dietary, or mobility conditions for any traveler. XP Travel is not responsible for losses or damages arising from incorrect information provided by you.

6.3 You acknowledge and agree that: (a) Travel & Event Products are not guaranteed until full payment is made, and the Travel & Event Provider issues a confirmation of the Travel Booking. (b) Travel & Event Products are subject to availability and may be withdrawn or changed by the Travel & Event Provider at any time, as per the Travel & Event Provider’s terms and conditions. (c) You must contact the Travel & Event Provider before departure to confirm the scheduled departure time.

6.4 For international and domestic departures, e-tickets will be issued upon payment and completion of the booking process. Other travel documentation, such as hotel booking confirmations and event tickets, will be emailed to the provided address as e-documents. XP Travel is not responsible if an e-ticket does not arrive due to incorrect email information or settings. You must inform XP Travel immediately of changes to your email address or contact number after making a booking. Notification of non-receipt of e-ticket confirmation is also your responsibility. If paper vouchers are issued by the Travel & Event Provider, they will be couriered to the provided address.

6.5 Baggage allowances vary between airlines, and the airfare may not include the cost of checked baggage. Please check with your Travel Advisor and/or the airline for allowances.

6.6 To determine whether your airfare is eligible for Frequent Flyer rewards, contact the airline directly. For online bookings, ensure your correct number is entered. For telephone bookings via our Customer Service Team, provide your Frequent Flyer details, which will be added to your reservation. XP Travel does not take responsibility if an airline fails to register your trip. Retain copies of your air ticket and boarding pass. Special requests will be forwarded to the Travel & Event Provider but are not guaranteed.

7. PAYMENT OF TRAVEL & EVENT BOOKING

7.1 Payment for the Travel & Event Products must be made in accordance with the payment terms specified by the relevant Travel & Event Provider and any deposit requirements outlined in the Schedule.

7.2 Payment can be made by you to us at the time of confirmation of your Travel Booking. In such cases, we will hold these funds in trust on your behalf in a separate bank account and disburse them to the relevant Travel & Event Provider in line with their payment terms. This applies to payments made by cash, bank transfer, or credit card (Merchant Method).

7.3 Payments may be required in a foreign currency, where currency conversion fees may apply. The conversion will be calculated on the date of payment using the Travel & Event Provider’s exchange rate. Refer to your financial institution for applicable fees.

7.4 Payment through the Merchant Method may incur credit card fees as outlined in the Schedule.

7.5 Taxes levied abroad but not paid at the point of purchase, such as local taxes or sales tax for hotel bookings, will be your responsibility. These taxes are payable directly to the Travel & Event Provider at the time of check-in/check-out.

8. AMENDMENTS TO TRAVEL & EVENT BOOKING

8.1 We will assist you in making any amendments to your Travel Booking as requested, including those required due to a Force Majeure Event such as COVID-19 related events. Service Fees will apply unless the amendment is necessary due to our error, negligence, or fault.

8.2 Your ability to amend your Travel Booking is subject to the Travel & Event Provider’s terms and conditions and the applicable consumer laws in the jurisdiction where the Travel & Event Provider is located.

8.3 The Travel & Event Provider may impose amendment fees as per the agreed terms and conditions. Some providers may treat name changes and route/itinerary alterations as full cancellations, incurring the Travel & Event Provider’s full cancellation charges.

8.4 We are not responsible for any amendment or cancellation fees charged by the Travel & Event Provider or any refusals to amend made by them.

9. CANCELLATION OF TRAVEL & EVENT BOOKING

9.1 If you cancel or do not use your Travel Product for any reason, including Force Majeure Events like COVID-19 related events, your entitlement to a refund or credit is subject to the terms and conditions of the Travel & Event Provider or the applicable consumer laws in the jurisdiction where the Travel & Event Provider operates.

9.2 The Travel & Event Provider may impose cancellation fees as per the agreed terms and conditions.

9.3 If a refund or credit for the Travel Product is due, we will liaise with the Travel & Event Provider to arrange it on your behalf. Service Fees apply for this assistance.

9.4 If you originally paid for the Travel Product via the Merchant Method, we cannot provide a refund until received from the Travel & Event Provider. Note that most providers take 60 to 90 days to process any refund.

9.5 Any Commission received by us for canceled Travel Products will be returned to you, but we reserve the right to retain a portion to cover our reasonable costs, exceeding any Service Fees paid by you.

9.6 We are not responsible for any cancellation or amendment fees charged by the Travel & Event Provider or any refusals to refund made by them.

10. YOUR WARRANTIES

10.1 You warrant to us that: (a) You are at least 18 years old and have the power, capacity, and authority to enter into a binding contract with us and with the Travel & Event Providers of the Travel & Event Products you acquire. (b) You have read and understood these Terms, and if booking on behalf of third parties, you have conveyed these Terms to them. (c) The information you provide about yourself and your fellow travelers is true, accurate, current, and complete as required by any registration process. (d) You have considered acquiring comprehensive travel insurance, and you acknowledge and agree that we are not responsible for any failure by you to acquire adequate insurance cover.

11. PASSPORTS, VISAS, AND HEALTH REQUIREMENTS

11.1 You are responsible for ensuring you have the required documents, including visas and passports, before traveling to a destination. Refer to SafeTravel and MFAT for more information. Check with the respective Embassy or Consulate of each country for visa requirements.

11.2 For international flights to the USA, including Hawaii, you must obtain an electronic authorization known as ESTA (Electronic System for Travel Authorization) at least 72 hours before travel. Visit ESTA for more information.

11.3 For international flights to Canada, you may need a visitor visa or an Electronic Travel Authorization (eTA). Obtain an eTA at Canada eTA.

11.4 Due to COVID-19, there have been significant changes to travel and health requirements globally. Ensure awareness of health requirements, recommended precautions, and travel documentation for your destination, including MIQ requirements for returning to New Zealand. Consult COVID-19 Travel and seek advice from local authorities or medical professionals before travel.

11.5 Non-New Zealand Passport holders may need a returning residents visa to re-enter New Zealand. Check NZ Immigration for details.

11.6 Refer to the Ministry of Foreign Affairs and Trade (MFAT) website at SafeTravel for general and specific travel advice, including safety alert levels for your destination.

12. TRAVEL INSURANCE

12.1 We strongly recommend obtaining appropriate travel insurance to cover your travel arrangements. Your insurance protection should encompass cancellation, medical and repatriation expenses, personal injury and accident, death, loss of personal baggage and money, and personal liability insurance. Evidence of such insurance must be provided to your XP Travel consultant upon request. Note that insurance cover offered by credit card companies or reciprocal medical cover agreements may not be comprehensive.

12.2 Contact your XP Travel consultant to purchase travel insurance through us or for any questions about our travel insurance products. If you decline travel insurance when making a Travel Booking through us, you may be required to sign a disclaimer.

13. OUR LIABILITY

13.1 To the fullest extent permitted by law, our aggregate liability under this Agreement is limited to 100% of the total Service Fees paid or payable by you under this Agreement.

13.2 We are not liable for technical errors, data corruption, inaccuracies in information supplied by you or third parties, or failure to complete bookings due to circumstances beyond our control.

13.3 In no circumstances will we be liable to you or anyone else for any loss or damage directly or indirectly connected with the delivery or non-delivery of any Travel Product or any act or omission of any Travel & Event Provider or other third parties. As an agent of the Travel & Event Provider, we have no control over or liability for the Travel & Event Products provided by them. We cannot guarantee the performance of the Travel & Event Provider and have no liability for any injury, damage, loss, delay, additional expense, or inconvenience caused by any Travel & Event Provider.

13.4 To the fullest extent permitted by law, we shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit, or indirect, consequential, or special loss or damage or for any business interruption, whether or not that loss was or ought to have been contemplated by us.

14. TERMINATION

14.1 We may terminate this Agreement immediately by giving written notice to you if: (a) You dishonor or attempt to dishonor any payment made to us under this Agreement (including by way of a credit card chargeback). (b) You breach a material obligation imposed on you under this Agreement, and the breach is not capable of being remedied, or the breach is capable of being remedied and you fail to remedy it to our satisfaction within 14 Business Days of receiving notice. (c) A Force Majeure Event continues for more than seven consecutive days.

14.2 Upon termination, you must promptly pay all sums due and owing to us for Services provided up to the termination date. All rights granted under this Agreement will cease, except where they are expressed to survive termination.

14.3 Termination will not affect any accrued rights or obligations of the Parties.

15. FORCE MAJEURE

15.1 We shall not be liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control, including cyber warfare, cyberattacks, or ransomware attacks, forces of nature, outbreaks of disease, epidemics, quarantine (including COVID-19), or acts of government authority (Force Majeure Event).

16. CONFIDENTIALITY

16.1 You agree to keep confidential any non-public financial, business, or commercial information relating to us received in connection with this Agreement.

17. GENERAL PROVISIONS

17.1 This Agreement constitutes the entire agreement between the Parties, superseding any previous agreements. 17.2 No right under this Agreement is waived unless in writing and signed by us. 17.3 If any provision is found void or unenforceable, it will be deleted, and the remaining provisions will continue in full force and effect. 17.4 Certain provisions, including clauses 13, 14, and 16, will survive termination or expiry. 17.5 This Agreement is governed by New Zealand law, and the Parties submit to the exclusive jurisdiction of New Zealand courts.