1. Use of Our Website
1.1. You agree not to use this Website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this Website whether by way of a virus, corrupted file, through use of any software or program, or otherwise. Furthermore, you agree not to alter, modify, reproduce, communicate to the public or otherwise deal with the content, software, text, graphics, layout, or design of this Website except in accordance with these Terms.
1.2. You acknowledge and agree that all copyright and other property rights that may exist in this Website including trademarks, text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors, and may not be used without our express consent.
1.3. To the maximum extent permitted by law, we provide this Website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory, or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
1.4. If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to those services to the extent fair and reasonable.
1.5. Your use of this Website and any associated services may sometimes be subject to interruption or delay. We do not make any warranty that this Website or any associated services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should this Website or the services supplied through this Website become unavailable, interrupted or delayed for any reason.
2. Booking Conditions
2.1. Your use of this Website and any associated services may sometimes be subject to interruption or delay. We do not make any warranty that this Website or any associated services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should this Website or the services supplied through this Website become unavailable, interrupted or delayed for any reason.
2.2. Our tours are designed and intended for people between the ages of 18 to 35 years. You must be at least 18 years old on the departure date of your tour. We reserve the right to decline any booking request at our discretion.
2.3. You must be at least 18 years old to make bookings on our Website. Please carefully read and understand your Booking Terms which will be made available to you before you make any payment when you make a booking through our Website. By making any payments for your booking, you confirm and acknowledge that you have read, understood and accepted the Booking Terms, and agree to be bound by them and that you are authorised to enter into and perform them.
2.4. This Website and the information on it are not an offer to sell or supply any goods, bookings or services.
3. Booking Your Trip
3.1 Bookings made directly with us through our Website must be secured through the payment of the total ticket price or, if booking more than 14 days prior to your tour date, a deposit of $99.00 NZD (“Deposit Amount”) plus any applicable credit card fees. This Deposit Amount is non-refundable but can be used as a discount towards your next booking where applicable, and unless otherwise expressly stated in these Terms or your Booking Terms. Credit card fees are non-refundable. Upon successfully receiving the Deposit Amount, you will receive an email confirming your payment of the Deposit Amount for your selected booking.
3.2. The remainder of the total booking price (the “Outstanding Amount”) is payable 14 days prior to the start date of your booked tour. Unless you pay earlier we will automatically charge your credit or debit card 14 days prior to the date of departure of that tour using the details provided at the time of booking. We will notify you, via email, of this automatic charge 10 days prior to charging your credit or debit card. Failure to pay the outstanding amount can and will result in your booking being cancelled by us. Upon Backyard Roadies having successfully received the Outstanding Amount, you will receive an email confirming your place on the relevant tour, including an itinerary and booking ticket details.
3.3. All prices advertised are in New Zealand dollars (NZD) and inclusive of all taxes including GST (where applicable), unless otherwise stated. We reserve the right to alter prices and other particulars contained on our website and in our brochures.
3.4. Bookings generally include all transport (except your transport to a meeting location), accommodation, activities, breakfasts and may include dinners and lunch. The exact content of each tour and what’s included in your booking is available on the booking page. Anything that is not expressly stated on the booking page for each tour is excluded.
3.5. You must clearly state all your special requirements at the time of booking. We will endeavour to accommodate your special requirements, but we may not always be able to.. We cannot guarantee to meet your special requirements (including dietary requirements) and we will not assume any responsibility or liability if your special requirements cannot be fulfilled.
3.6. If you want to change any aspect of your booking you must notify us at least 7 days prior to the date of departure of your tour in writing. We will do our best to accommodate your requested changes, however we may require you to pay an amendment fee of $100 per person. This is to cover the cost for any extra food or equipment we might need to purchase.
3.7. If you are unable to travel due to illness, the death of immediate family, jury service or any other significant reason beyond your control we may agree to your booking being transferred to another person who meets these Terms or the transfer to another tour of equivalent value. Notice of such a request must be given at least 21 days from the date of departure of your tour.
4. Cancellation by You
4.1. All changes and cancellations of bookings by you must be made in writing by emailing us at email@example.com. We will not regard a booking as cancelled unless email written notice has been received by us from you.
4.2. Cancellations or changes can only be made up to 14 days before the departure date of your tour. Any cancellations or changes made within 14 days to the departure date of your tour will be rejected and the relevant booking price cannot be refunded. If the cancellation is accepted, a refund of the total booking price (less the $99.00 deposit and any applicable credit card fees) will be paid to you.
4.3. No refunds will be available for cancellations within 14 days of the departure date. If your booking was made via a travel agent, please contact them directly to discuss your options.
5. Cancellation or Modification by Us
5.1. We reserve the right to modify or cancel at our discretion any tour at any time. We will notify you of any changes or cancellations as soon as reasonably possible. If you refuse the modified tour or if we cancel a tour, you may request us to refund you the booking amount, or transfer you to another tour at a later date and at the same value.
5.2. We reserve the right to require a minimum number of bookings per tour. In the event that less than 50% of available bookings for tour’s have not been sold 7 days from that tour’s departure, we will cancel the tour and notify you immediately.
5.3. In the event of a cancellation by us, we will offer you at our discretion the following:
(a) A refund in full of all moneys paid (including the Deposit Amount less any credit card fees) with no right to any further compensation; or
(b) A tour of an equivalent value at a different date.
5.4. Unless it is substantially different from the information provided on the booking page, we do not consider a change of accommodation or transport style of the same level of quality to be a modification and reserve the right to change these elements without notifying you. We will inform you and provide you details of the modification after we make such a modification.
5.5. We recognise that our current tours may require flexibility around cancellations during this evolving global situation. As such, if your travel arrangement to the meet up zone (Christchurch, Nelson or Auckland) has been affected due to COVID Alert level restrictions your tour purchase will be 100% refundable (excl. any credit card fees).
6.1. You can order our merchandise from our Website using the form provided.
6.2. All orders for items are subject to availability.
6.3. We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. s
6.4. No contract in respect of any items will exist between us and you until your order has been expressly accepted by us in writing.
6.5. Returns and cancellations
(a) You may cancel your merchandise order before it’s shipped to you. Orders for items that are already shipped cannot be cancelled.
(b) You may return any unworn, undamaged, unwashed item you purchased through our website or replace it with a different product at the same value by emailing us at firstname.lastname@example.org within 30 days from the date on which you receive a shipping confirmation from us.
(c) You can return any item if they are of unacceptable quality when they arrive, and you may be entitled to a full refund or replacement, at your discretion, (including shipping costs) if we find that the returned item is indeed of unacceptable quality. If the returned item is of acceptable quality in our reasonable opinion, we may, at our sole discretion; re-ship the returned item to you or ship another item of the same size, colour, style to you at your cost.
(d) Unless we decide, in our reasonable opinion, that a returned or replaced item is of unacceptable quality, shipping and handling of returned and/or replacement items (including costs) are your responsibility.
(e) Refunds will be paid using the same payment method you used to pay for your purchase.
7. Our Liability to You
7.1. To the maximum extent permitted by law, you hereby discharge and exclude us, third party service providers we engage with in promoting or staging as part of your Backyard Roadies tour, and those of our third party service providers from all liability in contract or tort including negligence or for breach of statutory duty or otherwise for any losses, claims, damages, expenses, or costs including without limitation special, incidental, or consequential loss or damage or loss of profits or wasted time incurred directly or indirectly in connection with your Backyard Roadies tour or this Website including but not limited to:
(a) errors, mistakes, or inaccuracies;
(b) your action or inaction on any information on this Website, Terms, Booking Terms, or otherwise given to you during your tour;
(c) personal injury or property damage of any kind resulting from your access or use of this Website or participation in a tour;
(d) any unauthorised access to or use of this Website or our servers;
(e) any interruption to or from this Website;
7.2. To the maximum extent permitted by law, our total liability in contract, tort (including negligence or breach of statutory duty) arising in connection with your Backyard Roadies tour is limited to the total booking price paid by you.
7.3. The limitation of our liabilities in these Terms is not intended to exclude any liability that would be illegal for us to exclude or attempt to exclude – including the Consumer Guarantees Act.
7.4. Our responsibility as the Tour Operator is limited. We act only as an intermediary between you and transportation, accommodation, or other service providers (“Third Party Service Providers”) in all matters relating to transport, accommodation, optional activities, sightseeing tours and any other arranged activities. As such, to the maximum extent permitted under the law, we will not be liable for any personal injury, death, loss, damage, accident, delay or irregularity caused by any Third Party Service Providers on your Backyard Roadies tour.
7.5. You accept and understand the possible risks when travelling on a Backyard Roadies tour, and acknowledge that you are solely responsible for yourself and your possessions and you are participating in your Backyard Roadies tour at your own risk..
7.6. During your Backyard Roadies tour there may be opportunities to take part in optional paid activities or excursions which are not owned, controlled or operated by Backyard Roadies. Any participation in such activities is at your own risk and discretion.
7.7. We accept no responsibility for any cancellation or modification of an optional activity or excursion due to weather or other unforeseen circumstances.
7.8. It may be necessary to vary your itinerary from that stated at the time of purchasing your booking before or during a tour due to changing circumstances beyond our reasonable control, such as weather, health and safety of the group, or any other reason. The final decision will be that of the tour leader or host.
7.9. Notwithstanding anything in these Terms, minimum guarantees under applicable law may apply to your purchases through this Website. Nothing in these Terms is intended to avoid such minimum guarantees or to exclude liability arising under any statute except to the extent permitted by the law.
7.10. To the extent permitted under the the law, our liability in respect of any claim under those minimum guarantees is limited to, at our sole discretion:
(a) in the case of bookings; providing you with a full refund or an alternative booking to a tour of your choice available on our Website; and
(b) in the case of merchandise; providing you with a full refund, replacing the merchandise or supplying equivalent merchandise.
8. Force Majeure
8.1. We will not be liable for any errors or delay in performing any of our obligations. or for any loss, damage or expense resulting from war, civil unrest, weather Terms, fire, natural disasters including earthquake, flood, tsunami or volcanic eruption, Acts of God, closures, unforeseen alterations to public transport schedules, epidemic or outbreaks of illness or any other event outside of our reasonable control which either delays or extends or reduces the tour, or compels a change in the tour arrangements after departure.
9. Contravention of Law
9.1. We will not be responsible for any loss or damage sustained by you as a result of a contravention by you of any New Zealand law or regulation while on a tour.
9.2. In particular, you are required to comply at all times with the laws of New Zealand relating to the consumption of drugs, alcohol and tobacco.
9.3. You acknowledge that the possession or use of cannabis or any cannabinoid product is prohibited under New Zealand law and is a criminal offence.
10. Health and Medical Conditions
10.1. You must inform us at the time of booking of any medical condition or disability that may affect your Backyard Roadies tour, as well as any special arrangements you require. Whilst we will use reasonable efforts to accommodate your particular needs, we reserve the right to decline your booking.
11. Your Responsibilities
11.1. We will not allow you to embark on or continue a tour if:
(a) We deem you incapable of caring for yourself;
(b) You become objectionable to other passengers or guides;
(c) If you break any New Zealand laws;
(d) If you fail to provide adequate evidence of travel insurance; or
(e) If you become a hazard to yourself or others.
11.2. All expenses resulting in your exclusion from the tour at any time will be your own and not us. No refund will be given if you are excluded from a tour for any of these reasons. We are in no way obligated to transport you to any location after you have been excluded from a tour.
11.3. You will at all times indemnify, and keep indemnified, us from and against any loss or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us in connection with your conduct, your participation in a tour, or breach of these Terms or the Booking Terms.
11.4. Your personal property, and its security is your sole responsibility and you acknowledge that we are not responsible for any loss or damage of your personal property.
11.5. You accept that the tour guide, host, suppliers or tour operator may inspect your backpack and/or equipment where required to ensure your compliance with these Terms, Booking Terms, and/or for the health and safety and security of the tour participants.
12. Travel Documents
12.1. Please take care to read these Terms, Booking Terms, your invoice, booking ticket/s and any other documents we send you (“travel documentation”) as soon as you receive them and let us know immediately if any details are incorrect. We accept no liability if you fail to notify us of any inaccuracies in the travel documentation within 14 days of your receipt of the travel documentation.
12.2. It is your sole responsibility to make sure all other necessary travel documents are valid, including but not limited to your passport and visa. We strongly recommend that you undertake your own research as to the procedural, documentary and other requirements necessary for your travel in advance of your tour.
13.1. You must arrange and take out comprehensive travel insurance prior to the tour departure date if you are internationally travelling to New Zealand for this tour. If requested by your tour guide, you must produce evidence of your travel insurance prior to commencement of the tour.
13.2. We recommend your policy includes cover for cancellation, medical expenses, personal injury and accident, repatriation, death and loss of personal goods. Your travel insurance policy should also cover any activities and excursions not provided by Backyard Roadies you may engage in during your tour. Nothing in this Terms constitutes financial advice. We recommend you seek independent advice for your insurance needs.
14.1. By accepting Booking Terms, you give us and anyone authorised by us permission to take photos and/or videos during the tours you participate. You agree and acknowledge that any photos or videos taken at events and all intellectual property rights thereof belong to us. We may use your photos and/or videos for the purpose of our promotions, social media, this Website or any other media we may choose. By accepting these terms, you waive any right to object to such use of your photos, videos and/or your likeness.
15. Data Protection
15.1. By accepting Booking Terms, you give us and anyone authorised by us permission to take photos and/or videos during the tours you participate. You agree and acknowledge that any photos or videos taken at events and all intellectual property rights thereof belong to us. We may use your photos and/or videos for the purpose of our promotions, social media, this Website or any other media we may choose. By accepting these terms, you waive any right to object to such use of your photos, videos and/or your likeness.
16.1. There is a strict no-smoking, no-vaping and no-alcohol consumption policy on our transportation which must be adhered to at all times. Smokers, Vapers and alcoholic drinkers may have the ability to smoke, vape and drink alcohol on any of the frequent stops throughout a tour (subject to any rules and policies of the specific location). For alcohol it must not be in a liquor ban area.
17.1. You are entitled to have one piece of main luggage weighing no more than 23kg and one day pack weighing no more than 7kg.
18.1. If any provision of these Terms or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of these Terms and its application will not be affected and will remain enforceable to the greatest extent permitted by law.
18.2. These Terms, Booking Terms, and all your contracts with us are governed by New Zealand law and the New Zealand Courts will have exclusive jurisdiction over any dispute in relation to your bookings or these Terms.
18.3. We reserve the right, at our discretion, to update or revise these Terms at any time. Changes to these Terms will take effect immediately once published on this Website, or when you accept them during when you book your Backyard Roadies tour. Please check these Terms regularly for modifications and updates.
Terms were last updated on 15 November 2021.
At www.backyardroadies.com, accessible from , one of our main priorities is the privacy of our visitors.
This policy is not applicable to any information collected offline or via channels other than this Website. We may also collect, use and disclose information to the extent applicable law does not prohibit it.
Information We Collect
We may require your personal information when you:
- Interact with our Website, make or manage a booking, submit an online form, request information, complete a survey or application through the Website or otherwise submit information to us through the website or any of our social media accounts or contact email address or any other method (including, without limitation, meetings, correspondence and discussions); and
- Provide feedback or report a problem with our Website.
You may decide not to provide some or any of your personal information to us. However, if you do not provide it, we may not be able to provide you with our services.
We may also collect personal information in the course of providing our services to you and otherwise interacting with you.
When you make or manage a booking or contact us directly; we may collect your information such as your name, email address, phone numbers, gender, date of birth, shipping and billing addresses, credit card information, dietary requirements, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
How We Use Your Information
We use the information we collect in various ways, including to:
- Provide, operate, and maintain our website
- Improve, personalize, and expand our website
- Understand and analyze how you use our website
- Develop new products, services, features, and functionality
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
- To arrange bookings with relevant service providers utilised on tours such as guides, drivers, transport, accommodation, or activity providers
- To verify your identity
- To provide the services to you and ensure our tours run smoothly;
- To show you advertising and information that is most relevant to you and your interests;
- For marketing and promotional purposes;
- Send you emails or otherwise contact you via electronic messages regarding your bookings or purchases you have made on the Website or other potential purchases on the Website we think you may be interested in;
- Find and prevent fraud; and comply with the law
When you visit, navigate through and interact with this Website, we use automated data collection technology (such as usage monitoring software, cookies, trackers, beacons, sessions, APIs) to collect, match and store certain information about your visit. Cookies are small pieces of information that are stored on a user’s device that can identify the device you are working from. This information includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, location, referring/exit pages, and possibly the number of clicks, but they are not linked to your personal information.
We monitor the traffic on our Website and use log files to store certain information about your interactions on our Website. We collect this information to analyse usage of this Website, derive analytics and trends, optimise your experience, improve our content and offerings, and administer the Website
Information Sharing and Disclosure
We may disclose your personal information:
- If you have requested or authorised us to do so
- To our contractors, suppliers and other third parties to enable them to provide services and products to us and you, including in relation to the Website or your bookings
- To your organisation, colleagues and representatives;
- By sharing aggregated demographic information about our user base with our affiliates, partners and advertisers;
- When we believe it is appropriate to comply with the law, facilitate court proceedings or to protect our rights
- Where we are authorised or required to do so by law
Social Media and APIs
Our Website include social media features such as the Facebook like button, Instagram and widgets, the share button or interactive programs that run on our site. These features may collect your IP address, which pages you visit on our site, and how long for. If you’re a member of a social media site, the interfaces may allow the social media site to connect your visits to this site with other personal information. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy notice of the third party providing it and to the maximum extent permitted by law we accept no responsibility for the actions of those third parties.
We may provide an application programming interface (API) to enable third party applications to interface with our Website. Some applications enable you to interact with us through the API in a way that requires you to log in. To do this, most of these applications will direct you through a process where you are able to let the application connect to your account.
If you allow an application to connect to your account on our Website, that application will be able to access information that you can see when you are logged into our Website. You should only allow applications you trust to access your account on our Website.
Storage and security
Personal information collected on this Website is collected and held by us. We will take reasonable efforts to protect personal information that is held by us from loss, misuse, unauthorised access, disclosure, alteration, or destruction. However, we cannot completely ensure or promise the security of any information we collect from you.
Commercial electronic messages
Depending on the jurisdiction you are in, you may be entitled to the following rights:
- The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service:
- The right to rectification – You may request that we correct any information you believe is inaccurate. You may also request that we complete the information you believe is incomplete:
- The right to erasure – You may to request that we erase your personal data
- The right to restrict processing – You may request that we restrict the processing of your personal data
- The right to object to processing – You may object to our processing of your personal data; or
- The right to data portability – You may request that we transfer the data that we have collected to another organization, or directly to you.
If you would like to exercise the rights available to you under the privacy laws applicable to you in your jurisdiction, please contact us.