1.1 Agreement: This Tourism New Zealand Explore Programme Agreement (‘Agreement’) is a legally binding contract between you (‘Tourism Operator’ ‘you’, ‘your’) and Tourism New Zealand (‘TNZ’, ‘we’, ‘our’, ‘us’).
1.2 Participation: Your participation in the Tourism New Zealand’s Explore New Zealand Programme (‘Explore Programme’) is conditional on your acceptance of the Terms and Conditions of this Agreement. By accepting these Terms and Conditions, you acknowledge that you are bound by these terms and the terms available at Terms and Conditions relating to listings on www.newzealand.com (‘NewZealand.com Terms’). You must confirm your acceptance of this Agreement by clicking the ‘I ACCEPT’ checkbox.
2.1 The Explore Programme suits tourism operators that understand and are active in international markets. Indicators of an International Focus include, but are not limited to:
a the offering of agents commission;
b attendance at TRENZ or offshore travel trade events;
c Qualmark licencing;
d membership of the Tourism Industry Association of New Zealand or its affiliates;
e membership of a Regional Tourism Organisation;
f hosting of media through the IMP programme and travel agents through TNZ or wholesaler famils;
g the maintenance of New Zealand or offshore toll free numbers;
h offering secure online booking; and
i accreditation to national or international safety standards organisations.
3.1 Pre-requisites: To participate in the Explore Programme you must:
a be one of the ‘Business Types’ listed in the NewZealand.com Terms;
b offer goods and services in New Zealand;
c have been, and continue to be, accepted by TNZ to be featured on www.newzealand.com and www.traveltrade.newzealand.com in accordance with the NewZealand.com Terms;
d have an International Focus, as defined in Section 2 above;
e apply to participate in the Explore Programme by providing all information that TNZ requests; and
f be accepted by TNZ to participate in the Explore Programme in accordance with clause 3.2 below.
3.2 Acceptance by TNZ: TNZ may accept or reject applications to participate in the Explore Programme at its discretion. If TNZ accepts your application, TNZ will notify you accordingly.
3.3 Removal of Tourism Operators: TNZ reserves the right to remove you from the Explore Programme if you fail to fulfil the requirements set out in clause 3.1 at any time.
4.1 Offers: Once you have been accepted to participate in the Explore Programme in accordance with clause 3.2 above, you are eligible to submit discount offers for publication on www.traveltrade.newzealand.com (’Offer’).
4.2 Offer approval: TNZ may accept or reject Offers in its absolute discretion. TNZ will undertake an approval procedure under which TNZ will endeavour to check and validate each Offer you submit to confirm that:
a the information relating to the Offer has been properly entered;
b there are no obvious data input or categorisation errors; and
c the Offer complies with the criteria set out in 4.3 below.
TNZ will inform you regarding the rejection of an Offer, or of any changes required to an Offer.
4.3 Explore Offers
a relate to goods or services that are delivered in New Zealand;
b relate to goods or services that are available throughout the year or at least half of the
year, such as the ski season (Explore Programme is not suitable for one off events);
c be specific to one product or service;
d not relate to English as a second language or outdoor education courses;
e provide a substantial discount, as explained in 4.4 below;
f not relate to a free event or activity unless other incentives (such as free food, gifts or guided tours) are made available through the Offer; and
g relate to one day activities (Explore Programme is not suitable for multi-day activities).
If TNZ considers, in its absolute discretion, that an Offer does not meet the criteria set out above, the Offer will not be validated.
4.4 Discounts: Each Offer must provide a substantial discount below normal prices for the services offered. If TNZ considers that a discount submitted in an Offer is nominal, and will therefore not attract accredited media or travel agents, it will not be validated.
4.5 Explore New Zealand Cardholders: You must make Offers available to offshore travel agents and media who have been validated and provided with an Explore New Zealand Card (‘Explore New Zealand Cardholders’) in accordance with clause 4.6 below.
4.6 Offer timing: You must honour Offers for at least 365 days from the date the Offer was listed on www.traveltrade.newzealand.com (with the exception of any block out dates you have specified within your Offer) (‘Offer Period’). Before the end of the Offer Period, you must notify TNZ of your intention that an Offer will expire at the end of the Offer Period. Unless TNZ receives such notification, the Offer Period will continue for another 365 days.
4.7 Validation: TNZ will endeavour to validate Explore New Zealand Cardholders through its offshore offices before they travel to New Zealand. This process includes, in the case of a travel agent, confirming with a travel agent’s manager that they are currently working at that travel agency and, in the case of a journalist or travel writer, confirming with an editor that media will be published on their return home in print media, or on a website run by a publication or on a blog that meets TNZ’s minimum visit criteria.
4.8 Cost: You will not be charged for listing an Offer with the Explore Programme. Your cost arises from honouring the Offer with Explore New Zealand Cardholders.
4.9 Extending Offers: You may decide at your discretion whether or not you wish to extend an Offer to travel agents and media who are not Explore New Zealand Cardholders (and have therefore not been vetted by TNZ). You have no obligation to extend ffers in this manner.
4.10 Offer removal: Tourism New Zealand reserves the right, in its absolute discretion, to remove an Offer from its website.
5.1 Required actions: You must:
a honour all Offers listed with the Explore Programme;
b provide goods, services and discounts in accordance with any Offer made;
c provide high quality goods and services; and
d represent New Zealand in a positive light.
5.2 Prohibited actions: You must not act in a manner that may:
a tarnish the reputation of New Zealand as a tourism destination or TNZ; or
b mislead TNZ or Explore Zealand Cardholders.
6.1 Account creation: You agree to provide accurate and complete information when you register with, and as you participate in, the Explore Programme (‘Registration Data’), and you agree to update your Registration Data to keep it accurate and complete. You agree that TNZ may store and use any Registration Data you provide to operate and maintain an account for your participation in the Explore Programme (‘Account’).
6.2 Offer confirmation: You must log in to your Account at least once every twelve months to keep your Account active. TNZ reserves the right to remove listing for Offers that have not been accessed for longer than twelve months. TNZ will endeavour to contact you prior to removing an Offer.
6.3 Account responsibilities: You must not reveal information regarding your Account to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. You agree to notify TNZ immediately of any breach of security related to your Account. TNZ shall not be responsible for any losses or
damages arising out of any unauthorised use of your Account.
7.1 Your authority: You warrant and represent that you have the authority to enter into this Agreement including authority to enter to this Agreement from any organisation on whose behalf you are entering into this Agreement.
7.2 Exclusion of warranties: While TNZ endeavours to ensure that the information it publishes relating to the Explore Programme is free from errors, TNZ does not give any warranty or other assurance as to the content of information provided to any person in relation to the Explore Programme, its accuracy, completeness, timeliness or fitness for any particular purpose. To the maximum extent permitted by law, TNZ provides the Explore Programme and related information, material, content, and services on an ‘as is’ basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise).
7.3 Consumer Guarantees Act: Nothing in this Agreement is intended to avoid the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded. You acknowledge that you are participating in the Explore Programme for the purposes of a business and agree that the guarantees provided in the Consumer Guarantees Act 1993 shall not apply.
8.1 Exclusion of liability: To the maximum extent permitted by law, in no event shall TNZ be liable for any incidental, special, indirect, or consequential damages whatsoever, or for any loss of profits, loss of data, loss of business opportunity, or for any other commercial damages or financial losses, arising out of or related to your participation in or inability to participate in the Explore Programme, however caused, regardless of the theory of liability (contract, tort, breach of statutory duty, or otherwise) even if TNZ has been advised of the possibility of such damages or losses.
8.2 Time limit: You and TNZ agree that any cause of action brought by either party arising out of or relating to your participation in the Explore Programme must commence within one (1) year after the cause of action accrues.
8.3 Indemnity: Your participation in the Explore Programme is voluntary and for your benefit. Accordingly you shall indemnify TNZ and its affiliates, distributors, licensors, and agents, and all of its and their directors or board members, employees, and agents against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your participation in the Explore Programme.
9.1 Term: This Agreement shall commence when accepted by TNZ and shall continue for an initial period of 1 (one) year from the date of the latest Offer submitted by you (‘Initial Term’) unless sooner terminated by TNZ in accordance with this Agreement. If you wish to terminate this Agreement at the end of the Initial Term, you must notify TNZ in writing no less than 30 days
before the end of the Initial Term. If TNZ does not receive notice of termination from you, this Agreement will automatically renew for another year (‘Renewal Period’).
9.2 Termination for convenience: TNZ may terminate this Agreement immediately at any time if you breach any term of this Agreement and may also terminate this Agreement without cause by giving you not less than 30 days written notice.
9.3 Survival: All causes of action and any provisions, which by their terms are intended to survive termination, shall survive termination of this Agreement.
10.1 Notices: Correspondence to TNZ must be sent by email to firstname.lastname@example.org TNZ may give you notices by sending an email message to any email address provided by you to TNZ in accordance with the NewZealand.com Terms, or by a posting on TNZ’s Websites.
10.2 Waiver: Any waiver by TNZ of a breach of or right under this Agreement will not constitute a waiver of any other or ubsequent breach or right.
10.3 Independent Contractors: You are acting as an independent contractor when participating in the Explore Programme. No partnership, joint venture or agency arrangement is created between you and TNZ.
10.4 Interpretation: Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa.
10.5 Advertisements: TNZ does not necessarily endorse or recommend any of the goods or services advertised on or through TNZ’s websites. TNZ does not necessarily endorse or recommend any Tourism Operators in the Explore Programme.
10.6 Changes: TNZ reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your participation in the Explore Programme. Such modifications and additional terms and conditions will be effective immediately and are incorporated into this Agreement with immediate effect upon notification. You are bound by any changes made to this Agreement and your subsequent listing of a new Offer or alteration to an existing Offer will be regarded as your acceptance of the then-current version of this Agreement.
10.9 Governing law: This Agreement shall be governed by the laws of New Zealand. The parties shall submit to the non-exclusive jurisdiction of the New Zealand courts and agree that the courts of New Zealand are a convenient forum for the purpose of hearing any dispute in relation to this Agreement.