TERMS OF SERVICE
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions apply in these Terms:
Flight Centre Travel Group, the Travel Managers Group, Envoyage, we, us and our means Michael Tan trading as Privé
Travel.
Business Day means any day other than a Saturday, Sunday or public holiday in the region in which the Services are provided.
Confidential Information means this Agreement and any non-public financial, business or commercial information relating
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 means you, the Customer.
Travel Booking means any Travel Product or Travel Products that have been booked by us on your behalf and confirmed by
the relevant Travel Provider.
Travel Product means any travel service or product offered by a Travel Provider (for example, an airfare, cruise or hotel
accommodation).
Travel Providers means any provider of Travel Products and Travel Provider means any one of them.
Services means any travel consulting and advisory services that we provide to you from time to time, including (as applicable)
designing travel holiday packages, booking Travel Products on your behalf, facilitating amendments or cancellations to your
Travel 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 in writing, these terms of service (Terms) apply to every supply of Services by us to you, including
any bookings you make with other staff in my brokerage, over the phone or by email. We reserve the right to amend the
Terms from time to time by written notice to you. Your continued use of the Services, or subsequent requests for further
Services will be deemed acceptance of such amended Terms and such amended Terms will replace 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 these Terms and such quote,
together with these Terms, shall constitute the agreement between you and us (Agreement). Any variations or additions to
the Agreement not expressly agreed in writing by us are expressly rejected.
3. AGENCY
3.1 We are a travel agent only. This means we arrange travel services and sell Travel Products on behalf of third party Travel
Providers, including airlines, tour and cruise operators, car hirers and accommodation providers. Our Services to you include
booking and advisory services that allow you to purchase Travel Products from the Travel Providers. We charge a Service
Fee for providing these services to you.
3.2 Each Travel Product is governed by the terms and conditions of the relevant Travel Provider. This means that your rights to
amend or cancel your Travel Booking, and the cost of doing so, will be governed by the Travel Provider’s terms and conditions.
In no circumstances is The Travel Brokers liable to you for the delivery of the Travel Product by the Travel Provider.
3.3 We will use reasonable endeavours to ensure you are aware of the Travel Provider’s terms and conditions. This includes
notifying you of key terms such as the Travel Provider’s amendment and cancellation policies, and any additional fees which
may apply to the Travel Product(for example, tipping, resort fees etc.) at the time of travel.
4. OUR SERVICES
4.1 We will provide the Services on the basis set out in our quote and otherwise in accordance with the terms and conditions
contained in this Agreement.
4.2 In our performance of the Services, we will:
(a) exercise due care and skill; and
(b) comply will all applicable laws, regulations and by-laws in force relating to the provision of the Services.
4.3 Subject to clause 4.4, we will provide our Services in accordance with the consumer guarantees contained in the Consumer
Guarantees Act 1993 (CGA). In summary, this means the Services:
(a) will be carried out with reasonable care and skill;
(b) will be reasonably fit for any particular purpose made known by you to us;
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(c) will be of such a nature and quality that they can reasonably be expected to achieve the desired result; and
(d) will be provided within any agreed timeframe or, if no timeframe is agreed, within a reasonable time.
If we do not meet any of the consumer guarantees, you have rights under the CGA.
4.4 Where you are in “trade” and acquiring the Services for the purposes of “trade” (as that term is 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 us under this Agreement; and
(b) it is fair and reasonable to be bound by this provision.
5. SERVICE FEES AND COMMISSIONS
5.1 The fees payable by you shall be as agreed or quoted in writing prior to our provision of the Services, or, in the absence of any
agreement thereof, at our rates set out in the Schedule (Service Fees). The Service Fees are not refundable, even if the Travel
Product is cancelled or not used for any reason.
5.2 You acknowledge and agree that we may receive commissions, fees, rebates, gifts or other financial incentives from Travel
Providers in respect of your travel booking (Commissions). We are not obligated to pass such Commissions on to you.
5.3 Unless we require payment in part or in full in advance of providing any Services (which we may so require in our sole
discretion), we will submit booking confirmations including costs and/or invoices to you on a periodic basis or on completion
of the Services. You must pay each invoice in full within seven days of the date of invoice. Payment can be made by direct
credit to our nominated bank account or by credit card (note refer to 7.4 a fee may be applicable).
5.4 If a sum required to be paid by you under this Agreementis not paid to us by the due date:
(a) you must also pay interest on that sum at the rate of 3% per annum (calculated daily and capitalised monthly) for the
period beginning on the due date and ending on the date that the sum (including all accrued interest) is paid in full by
you; and
(b) we shall not be obliged to perform further Services unless and until such outstanding amounts are paid to you.
6. YOUR TRAVEL BOOKING
6.1 We will book the Travel Products on your behalf in accordance with your instructions and the information provided by you.
6.2 It is your responsibility to provide all required information for each traveller and you must ensure such information is correct.
This includes accuracy of full names as per passports, advising us of any medical (including pregnancy), dietary or mobility
conditions of any traveller that is relevant to the Travel Product. We are not responsible for any losses or damages arising
from any incorrect information provided by you.
6.3 You acknowledge and agree that:
(a) the Travel Products or cost is not guaranteed until payment has been made in full and the Travel Provider has processed
and issued a confirmation of the Travel Booking;
(b) the Travel Products offered are subject to availability and can be withdrawn or subject to change [without notice] by
the Travel Provider at any time in accordance with the Travel Provider’s terms and conditions;
(c) it is your responsibility to contact the Travel Provider prior to departure to ensure there is no change to the scheduled
departure time.
6.4 For international and domestic departure, e-tickets will be issued upon payment and completion of the booking process. All
other travel documentation, such as hotel booking confirmations, will be emailed to the email address you provided as an e-
document. We will not be responsible if your e-ticket does not arrive due to an incorrect email address provided by you or
your junk email settings. You must notify us immediately if you change your email address or contact telephone number after
making a booking. It is your responsibility to advise us if you have not received your e-ticket confirmation. Should the Travel
Provider issue paper vouchers, these will be posted to the address you provided.
6.5 Baggage allowance varies from airline to airline and in many cases the airfare you have paid may not include the cost to cover
checked baggage. Please check with your Travel Advisor and/or the airline providing your flights for the allowances.
6.6 If you have specific seat requests, notify your travel advisor. The airline reserves the right to amend or change any seating
requests, including prepaid seating. This is totally outside of our control.
6.7 To determine whether your airfare is eligible for Frequent Flyer rewards, please contact the airline directly. For bookings
made by telephone or email please advise of your Frequent Flyer details and these will be added to your reservation. We do
not take any responsibility should an airline not register your trip. You should retain copies of your air ticket and boarding
pass. Special requests will be passed on to the Travel Provider but cannot be guaranteed.
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7. PAYMENT OF TRAVEL BOOKING
7.1 You must pay for the Travel Products in accordance with the payment terms of the relevant Travel Provider and any deposit
requirements set out in the Schedule.
7.2 Payment can either be made by you:
(a) to us at time of confirmation of your Travel Booking, in which case we will provide the Travel Provider with your credit
card details on your behalf where payment is via your credit card, or we will hold such funds in trust on your behalf in a
separate bank account and pay such funds to the relevant Travel Provider in accordance with the Travel Provider’s
payment terms where payment is made by cash or bank transfer (Merchant Method); or
(b) directly to the relevant Travel Provider at the time of confirmation of your Travel Booking or at the time of travel as
required by the Travel Provider’s payment terms (Retail Method).
We will work with you to determine which payment method is appropriate for you.
7.3 Payment may be due in a foreign currency (currency other than the original card holders’ country of issue), in which a case
currency conversion may be payable. The currency conversion would be calculated on the date of payment using the Travel
Provider’s exchange rate of the day. Please refer to your financial institution for applicable fees.
7.4 Payment by way of the Merchant Method may incur credit card fees as set out in the Schedule. Payment by way of the Retail
Method may incur credit card or debit card fees charged by the Travel Provider, in which case you will be notified of such
charges prior to payment.
7.5 There may be taxes levied abroad but not paid at the point of purchase that are payable in relation to hotel bookings (e.g. local
taxes, sales tax etc.). Any local taxes will be payable by you directly to the Travel Provider at the time of check in/check out.
8. AMENDMENTS TO TRAVEL BOOKING
8.1 We will assist you with making any amendments required to your Travel Booking (including where such amendments are
required to re-schedule your Travel Booking as a result of a Force Majeure Event such as COVID-19 related events) as
requested by you. You agree to pay the Service Fees to us for such Services, provided that we will waive the Service Fees
where an amendment is required due to our error, negligence or fault.
8.2 Your rights to make any amendments to your Travel Booking is subject to the Travel Provider’s terms and conditions and the
applicable consumer laws in the jurisdiction in which the Travel Provider is located.
8.3 The Travel Provider may charge amendment fees in accordance with the terms and conditions agreed between you and the
Travel Provider. Please be aware many Travel Providers treat name changes and route and/or itinerary alterations as a full
cancellation and these can incur the Travel Provider’s full cancellation charges.
8.4 We are not liable for any amendment or cancellation fees charged by the Travel Provider or any refusals to amend the Travel
Booking made by the Travel Provider.
9. CANCELLATION OF TRAVEL BOOKING
9.1 If you cancel or do not use your Travel Product for any reason (including where such cancellation is due to a Force Majeure
Event, such as COVID-19 related events), your right to a refund or credit is subject to the terms and conditions of the Travel
Provider or the applicable consumer laws in the jurisdiction in which the Travel Provider is located.
9.2 The Travel Provider may charge cancellation fees in accordance with the terms and conditions agreed between you and the
Travel Provider.
9.3 If the Travel Provider is required to provide you with a refund or credit for the Travel Product, we will liaise with the Travel
Provider to arrange that refund or credit on your behalf. You agree to pay the Service Fees to us for such assistance.
9.4 If you are entitled to a refund and you originally paid for the Travel Product via the Merchant Method, we are unable to
provide you with such refund until we receive it from the Travel Provider. If you originally paid for the Travel Product via the
Retail Method, the Travel Provider will provide the refund directly to you. Please note generally most Travel Providers take
between 60 and 90 days to process any refund.
9.5 We will return to you any Commission received by us in respect of any cancelled Travel Product, provided that we reserve
the right to retain a portion of the Commission to cover our reasonable costs incurred in facilitating the refund to the extent
our costs exceed any Service Fees paid by you.
9.6 We are not liable for any cancellation or amendment fees charged by the Travel Provider or any refusals to refund made by
the Travel Provider.
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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 Providers of the Travel Products that 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 us about yourself and your fellow travellers is true, accurate, current and complete (apart
from any optional items) 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 It is your responsibility to ensure that you have all the required documents, including but not limited to visas and passports,
before travelling to a destination. For more information please log on to https://www.safetravel.govt.nz and
https://www.mfat.govt.nz. Please check with the respective Embassy or Consulate of each country that you are travelling to,
as many destinations require visas for both New Zealanders and non-New Zealand passport holders. You will also need to
ensure that your passport is not near the end of its validity. Some countries require your passport to be valid for at least 6
months after you intend to depart from that country. Please ask your travel advisory for assistance if required.
11.2 For international travellers booked on flights to the USA (including Hawaii) it is mandatory under the Visa Waiver Program
to receive an electronic authorisation known as ESTA (Electronic System for Travel Authorisation) no less than 72 hours
before travel to the USA. New Zealand or Australian passport holders will not be able to enter the United States without a
valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.
An ESTA can be obtained from the following website: https://esta.cbp.dhs.gov/esta/.
11.3 For international travellers booked on flights to Canada, you either need a visitor visa or an Electronic Travel Authorization
(eTA) to fly to, or transit through, a Canadian airport. An eTA can be obtained from the following website:
https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eta/apply.html. Please also see
http://www.cic.gc.ca/english/visit/eta.asp for important information regarding compulsory eTA for visa-exempt foreign
nationals.
11.4 You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and
ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination
documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult
with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. Please note that
vaccinations may be recommended before your travel departure date.
11.5 For non-New Zealand Passport holders, you may also require a returning residents visa to re-enter New Zealand. Please
check here for more information https://www.immigration.govt.nz/new-zealand-visas/apply-for-a-visa/visa-
factsheet/permanent-resident-visa.
11.6 We recommend that you contact the Ministry of Foreign Affairs and Trade (MFAT) or visit their website at
https://www.safetravel.govt.nz/ for general travel advice, as well as specific advice (including safety alert levels) relating to
the destination you wish to visit.
12. TRAVEL INSURANCE
12.1 We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Your insurance
protection should include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and
loss of personal baggage and money and personal liability insurance. Evidence of such insurances must be provided to your
The Travel Brokers travel consultant on request. Please be aware that insurance cover offered by credit card companies or
reciprocal medical cover agreements are often not comprehensive.
12.2 Please contact your Travel Broker to take out travel insurance or if you have any questions about our travel insurance
products. If you make a Travel Booking through us, and decline to take out travel insurance, 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 any technical errors, corruption of data, inaccuracies in information supplied by you or third parties or
failure to complete bookings when that failure is due to circumstances beyond our control.
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13.3 Notwithstanding any other clause under these Terms, you acknowledge and agree that in no circumstances will be we liable
to you or anyone else for any loss or damage which is suffered directly or indirectly in connection with the delivery or non-
delivery of any Travel Product or any act or omission of any Travel Provider or other third parties. As an agent of the Travel
Provider, we have no control over or liability for the Travel Products provided by Travel Providers. We cannot guarantee the
performance of the Travel Provider and we have no liability in respect of the supply of any Travel Products including any
liability in contract, tort or otherwise, for any injury, damage, loss, delay, additional expense or inconvenience caused directly
or indirectly by any Travel 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 with immediate effect by giving written notice to you if:
(a) you dishonour or attempt to dishonour 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 the breach to our satisfaction within 14Business Days
of receiving notice requiring such breach to be remedied;
(c) a Force Majeure Event continues for more than seven consecutive days.
14.2 Upon the termination of this Agreement(for whatever reason):
(a) you shall promptly pay all sums due and owing to us for Services provided up to and as at the date of termination;
(b) all rights granted under this Agreement shall immediately cease, except where they are expressed to survive
termination.
14.3 Termination of this Agreement will not affect any accrued rights or obligations of any of the Parties.
15. FORCE MAJEURE
15.1 We shall not be liable to you, or be deemed to be in breach of this Agreement, as a result of any delay or failure to perform
our obligations in booking the Travel Product or otherwise providing the Services due to any event that is beyond our
reasonable control which cannot reasonably be avoided or overcome by us and which is not attributable to our actions,
including cyber warfare, cyberattacks or ransomware attacks, operation of the forces of nature such as earthquakes,
hurricanes, lightning, typhoons or volcanic activity, instances of exceptionally adverse weather, outbreaks of disease,
epidemics or quarantine (including COVID-19), or acts of government authority, whether lawful or unlawful (Force Majeure
Event).
16. CONFIDENTIALITY
16.1 You agree to keep confidential any non-public financial, business or commercial information relating to us (in any form) which
you may receive or obtain in connection with this Agreement.
17. GENERAL PROVISIONS
17.1 This Agreement constitutes the entire agreement and understanding of the Parties relating to the matters dealt with in this
Agreement and supersedes and extinguishes any previous Agreement or quote (whether oral or written) between the Parties
in relation to such matters.
17.2 We will not be deemed to have waived any right under this Agreement unless the waiver is in writing and signed by us.
17.3 If any provision of this Agreement is found by a court or other competent authority to be void or unenforceable, such
provision will be deemed to be deleted from this Agreement and the remaining provisions of this Agreement will continue in
full force and effect.
17.4 This Agreement will be governed by and construed in accordance with the laws of New Zealand and the Parties submit to the
exclusive jurisdiction of the courts of New Zealand.
18. Advance Provisioning Allowance (APA)
18.1 From time to time, either we or a Travel Provider may require the payment of an APA to cover incidental expenses incurred
by you during your travels. The APA is to ensure the timely facilitation of any requests you may have during your travels, with
any unused balance being returned to you at the completion of your trip.
18.2 The amount of the APA is variable and may be in excess of 100% of cost of your booking, but is typically 30%-50% of the
booking cost. The amount is determined by your previous travel history, your anticipated utilisation of additional products
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and services during your trip, as well as the APA policy (if any) of the Travel Provider(s). Should you fully utilise your APA
during your trip, you may be required to pay an additional APA to us or the Travel Provider(s).
18.3 If we require an APA, payment of this will be due no later than 30 days prior to your departure date from your point of origin.
For bookings made within 30 days of departure, payment of the APA will be due at the time of confirming your booking(s).
Any incidental expenses that you instruct us to incur on your behalf during your trip will be charged to your APA at cost, plus
an administration fee of 20% (plus GST, if any). At the completion of your trip, we will provide an itemised invoice detailing
all charges against your APA. Should you pay your APA by credit or debit card, a non-refundable card payment fee will apply.
Card payment fees are outlined in the Schedule.
18.4 Where a Travel Provider requires an APA, payment and refund terms will be determined by them. We will advise you of these
terms prior to confirmation of that trip component.
19. Travel Advance(s) and In-Person Trip Support
19.1 In consultation with you, we may recommend a Travel Advance and/or In-Person Trip Support. Should you agree to either of
these, bookings must be made by us.
19.2 A Travel Advance is where during the itinerary/quotation stage or prior to your departure, we will travel to your
destination(s) in advance of you ensure the smooth facilitation of your journey. More than one Travel Advance may be
necessary. In-Person Trip Support is where we will travel with you to support your travel.
19.3 You are responsible for all expenses incurred by us for both Travel Advance(s) and/or In-Person Trip Support.
(a) All commercial flights must be booked as Business Class, unless the scheduled aircraft is fitted as an Economy
Class-only cabin. If Business Class is sold-out, travel is to be booked in the next higher class of service. For travel
domestically in North America, the People’s Republic of China, or Japan, commercial flights are to be booked as
First Class. Any commercial rail journey is to be booked in the highest class of service.
(b) For Travel Advance(s), accommodation will be booked for us at a minimum 4-Star (or local equivalent) standard,
with the room rate pre-paid by you. For In-Person Trip Support, accommodation for us will be the same as what
has been booked for you, with the room rate either pre-paid by you or settled at check-in/out by you.
(c) To cover any incidental expenses incurred by us, a per diem of NZD250.00 plus GST (if any) per day is payable by
you. The number of days the per diem is to be charged will be calculated by the number of calendar days from our
day of departure from Auckland, New Zealand to our day of arrival back in Auckland, New Zealand (inclusive).
(d) A daily service fee of NZD500.00 plus GST (if any) per day applies to Travel Advance(s) and In-Person Trip
Support. This fee is in addition to the per diem and will be calculated by the number of calendar days from our day
of departure from Auckland, New Zealand to our day of arrival back in Auckland, New Zealand (inclusive).
19.4 Payment of all charges relating to Travel Advance(s) or In-Person Trip Support is due immediately at time of booking. For
payment by credit or debit card, a non-refundable card payment fee will apply. Card payment fees are outlined in the
Schedule.
19.5 Bookings for Travel Advance(s) or In-Person Trip Support are subject to these Terms of Service.
20. Itinerary/Quote Preparation Fees (IPF)
20.1 At our sole discretion, we may charge an IPF to prepare an itinerary/quote for you. The IPF is non-refundable and is charged
in addition to any service fees applicable to your booking.
20.2 The IPF may apply to your initial booking enquiry. Depending on your trip requirements and the level of work required, the
IPF will be charged on a Flat Fee basis of up to NZD500.00 plus GST (if any). For complex itineraries, we may at our
determination charge the IPF on a Per Hour basis of NZD100.00 plus GST (if any) per hour. Where the IPF is charged on a
Per Hour basis, we reserve the right to on-charge you any reasonable expenses incurred by us (including but not limited to,
overseas phone charges, travel expenses, and vehicle mileage)
20.3 Where the IPF is charged on a Flat Fee basis, payment of this is due prior to us commencing any itinerary/quote for you. The
IPF entitles you to make three date changes during the itinerary/quotation stage of the booking process. Any further date
changes by you may incur an additional IPF.
20.4 Where the IPF is charged on a Per Hour basis, a minimum charge of two hours will apply. Work on your itinerary/quote will
not commence until payment has been received. After the first two hours, the IPF will be charged in 15 minute intervals, with
time worked rounded to the nearest 15 minutes. We will send invoices to you periodically with payment of each invoice due
immediately. Work on your itinerary/quote will not recommence until payment has been received. Where we charge the IPF
on a Per Hour basis, there is no cap as to the number of date changes you may make during the itinerary/quotation stage of
the booking process.
20.5 Should you pay your IPF by credit or debit card, a non-refundable card payment fee will apply. Card payment fees are outlined
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in the Schedule.