Atomic Travel Tours - Terms and Conditions

Atomic Travel Tours – Terms & Conditions

Atomic Travel Tours Terms & Conditions
These terms and conditions (t&c’s) form the basis of the contract between You (“Client”, “Passenger”, “I”, “Your”, “Participant”) and Atomic Travel (“Atomic Travel”, “Atomic Travel Tours”, “We”, “Us”, or “Our”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. By agreeing to participate in a tour arranged by Us, You are deemed to have accepted these terms and conditions in full.  
Completion of the booking form, together with full payment verifies acceptance of these terms and conditions.
Your contract begins once full payment has been received and/or confirmation of the tour has been given by Atomic Travel.
Fares and Booking Confirmation
All tours are quoted in New Zealand dollars. Prices include GST and are subject to increase without notice and supersede all prices previously advertised. In addition, Atomic Travel may from time to time discount the price of a tour. Unless otherwise stated the discounted price is only applicable to new bookings. Bookings that have been paid either in part or in full are not entitled to the discounted price.
Full payment is required at the time of booking.
If You pay Us by credit card, a 2.5% surcharge will be added. There is no surcharge for payments made by direct transfer to Our nominated bank account.
A Minimum number of bookings are required for a tour to be financially viable and have a pleasant group atmosphere. An email will be sent to clients no later than one month before the date of travel stating that the tour is either confirmed or that the minimum numbers are not met and the tour is cancelled. 
If minimum numbers are not met, the tour will be cancelled. Clients will be offered a refund or the opportunity to book an alternative tour date. Atomic Travel has no responsibility or accountability for any incidental expenses that you may have incurred as a result of your booking being cancelled.
Airfares to & from the tour starting point, airport taxes, passport & visa costs, airport & ferry transfers to the tour departure point, insurance, laundry, phone calls, beverages, meals not specified in the itinerary, excess baggage fees, additional activities or optional activities are not included in the tour price.
Limit of Liability

Whilst Atomic Travel will take all reasonable steps to provide an enjoyable tour, it accepts no liability for any loss of enjoyment experienced by You due to circumstances We deem as beyond Our control. Atomic Travel further accepts no liability for any loss beyond its reasonable control and provides no warranties in addition to those set out under The Fair Trading Act 1986, and nothing herein restricts You from exercising Your rights and remedies pursuant to Law.

To the full extent permitted by law, Atomic Travel’s liability arising under or in connection with this booking contract:

  1. Is limited to the re-supply of the products and/or services or the payment of the cost of the re-supply of the products and/or services to You; and
  • Excludes liability for any indirect or any consequential losses suffered by You or any third party, however caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to You or any other party.

Your travel agent will forward deposits and other payments to Us on Your behalf, but Your travel agent is not Our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by Us, and the travel agent has no authority, express or implied, to receive monies on Our behalf. There is no liability on Our part in respect of any monies paid to Your travel agent unless and until We notify You (by way of a booking confirmation advice or payment receipt advice) that monies have been received by Us. We reserve the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by Us within the specified time.

The optional activities are not operated by, or at the direction of, or on behalf of Atomic Travel, its employees or agents or any other persons or companies associated with Atomic Travel. All optional activities are an additional cost to the tour price. If we take bookings or monies for these activities, Atomic Travel acts as the agent for each of the operators of the optional activities.

Some tours offered by Atomic Travel include the services of operators other than Atomic Travel e.g. optional activity operators, Hoteliers, Airlines which are not under the direct control of Atomic Travel and whilst all reasonable care is taken in selecting these operators it cannot accept responsibility for the operators conduct or the conduct of the representative employees or agents or for any ramifications of that conduct.

Atomic Travel Client Code of Conduct

Atomic Travel values You, other clients, its team members, agents and partners and will not tolerate abuse towards themselves or clients before, during or after the tour. Therefore, any Atomic Travel team member, agent, or partner reserves the right at their discretion to exclude from a tour, or to terminate the travel arrangements of You, or any person during the course of the tour without refund anyone who:

  1. Is incapable of caring for themselves, or is suffering any mental or physical impairment and/or infectious illness.
  2. Is unable to cope with the requirements of the tour or who may need to require services or facilities that are not available;
  3. Fails to comply with the reasonable instructions of the Atomic Travel team, agent or supplier;
  4. Engages in illegal or undesirable behaviour or interferes with the enjoyment of or jeopardises the safely of other participants;
  5. Is a hazard to themselves or other passengers; and/or
  6. Is likely to become objectionable to other passengers, the Atomic Travel team, suppliers or partners.

Anyone so excluded will be required to disembark at a safe public location, transport from which will be wholly their responsibility. You agree that Atomic Travel is released from all liability for, and You agree not to hold Atomic Travel responsible for, termination of Your travel arrangements in accordance with the previous condition, or any decision made by Atomic Travel or by any service provider who refuses to provide You with special accommodation facilities or services that are not available or who refuses to carry You by reason of any disability or medical condition.

Atomic Travel accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its reasonable control.

Whilst Atomic Travel will take all reasonable steps to provide an enjoyable tour, it accepts no liability for any loss of enjoyment experienced by passengers due to circumstances Atomic Travel deems as beyond its control. Atomic Travel further accepts no liability for any loss beyond its reasonable control and provides no warranties in addition to those set out under The Fair Trading Act 1986, and nothing herein restricts any passenger from exercising their rights and remedies pursuant to Law.

Travel Insurance

Travel insurance is Your responsibility. Atomic Travel strongly recommends you obtain comprehensive travel insurance at the time you pay for your tour. Failure to obtain travel insurance is at your own risk. When obtaining travel insurance you must comply with the insurers’ regulations and disclose all information relating to your tour. It is Your responsibility to purchase comprehensive travel insurance to protect yourself against the risks of travel. 

If for any reason you are unable to travel within the cancellation policy due to illness or medical reasons Atomic Travel is not liable to reimburse You however we will provide a detailed description of Your tour for your insurers.

Changes to the Itinerary and Tour Cancellation
Changes to the itinerary by Atomic Travel
The tour itinerary is a guide only, and although We will make every reasonable effort to adhere to the program. We reserve the right to make changes to the tour either before the tour commences, or during the tour as necessary. Alterations may come about due to extreme weather conditions, strikes, public holidays, local festivals, renovations and/or upgrades, change in supplier or partner circumstances, or other reasons (such as slips preventing rail travel). We will make every reasonable effort to notify You of any changes however sometimes it may not be possible to do so. Any additional expense incurred by the Passenger is not Our responsibility. Atomic Travel can give no guarantee of the exact arrival and departure times for tour partners used by Us on the tour, and will not be liable for failure to make connections with other services or attractions beyond its control.
Cancellation of a tour by Atomic Travel 
Atomic Travel reserves the right to cancel a tour, including a guaranteed tour, for any reason prior to the tour starting or during the tour.  If Atomic Travel Tours cancels a tour for any reason before travel, a full refund of the tour is available or the Client can change the tour date or tour type. The Client is welcome to select a tour that is of higher value, and pay the difference if a tour of higher value is chosen. Should you choose a tour that is a lower value, Atomic Travel Tours will reimburse you the difference. Atomic Travel holds no responsibility for any incidental expenses that you may have incurred as a result of your booking being cancelled by Us before or during a tour. If Atomic Travel cancels a tour for any reason once it has commenced, Atomic Travel is not liable to refund or offer credit on any component of the itinerary in this case and Atomic Travel is not liable for any charges beyond components of the tour not taken LESS any irretrievable costs such as, but not limited to, 3rd party operator fees/charges. It is your responsibility to purchase comprehensive travel insurance to protect yourself against such risks.
Cancellation of a tour beyond our control

If Atomic Travel is forced to cancel a tour for any reason beyond Our control such as, and not limited to, extreme weather conditions, natural disasters, global pandemics, terriosm before the tour departs Atomic Travel will refund the price of the tour ticket (less any reasonable fees or charges by its partners) or offer a 100% of the tour price in credit for up to one year from the original tour departure date. If COVID-19 restricts the operation of any tour before the departure date 100% of funds paid will be refunded LESS any reasonable costs and irretrievable costs such as, but not limited to, 3rd party operator fees/charges. 

If Atomic Travel is forced to cancel a tour once it has commenced, Atomic Travel is not liable to refund or offer credit on any component of the itinerary in this case and Atomic Travel is not liable for any charges beyond components of the tour not taken LESS any irretrievable costs such as, but not limited to, 3rd party operator fees/charges. It is your responsibility to purchase comprehensive travel insurance to protect yourself against such risks.

Responsibilities of the Client

Special Dietary Requirements 

For meals included in the tour price, it is Your responsibility to inform Us at the time of bookings for any special dietary requirements you may have.

Feedback

We welcome all feedback. If, however, a problem occurs during your tour then it is in your own best interests to inform your Bus Ambassador immediately. This will ensure steps can be taken to resolve the problem straight away. If for any reason you do not feel comfortable consulting your Bus Ambassador then the next best thing to do is to give our head office a call and inform the team. Any complaints must be made in writing to us within 30 days of your tour.

Booking Cancellations by the Client 

If You cancel a tour, you will be liable to pay a fee to cover the costs by Atomic Tours outlined in the table below. Any pre-payments to 3rd party operators that are paid for at the time of booking are included in this fee. You are are 

Period of Notice

Cancellation Fee

Outside 30 days 

Loss of NZD100

8 – 29 days

50% of total tour costs

Within 7 days

100% of tour costs

Should you decide to leave the tour for any reason once the tour has commenced, no refund, credit or transfer will be given including any activities or excursions in the tour.

If for any reason you are unable to travel within the cancellation policy due to illness or medical reasons Atomic Travel is not liable to reimburse You however we will provide a detailed description of Your tour for your insurers.

If you booked through a third-party agent, their cancellation policy and t&c’s may differ from Atomic Travels. Make sure You read their terms and conditions carefully.

Changes to bookings by the Client

Clients can be added to the booking up to 24 hours before the day of travel subject to availability. Any additional activities that are added are subject to availability and on a request basis only.

A client may change to another tour itinerary departing on the same day up to 7 days before the day of travel subject to availability and may incur a cost subject to our tour partners t&c’s. 

Personal Injury

If you are injured whilst in NZ, Accident Compensation Commission (“ACC”)may be able to help with the cost of the treatment and support you need while you remain in New Zealand. However, it may not include all or part of your personal injury. It is your responsibility to ensure you purchase comprehensive travel insurance that includes personal injury, illness, disrupted travel plans or emergency travel to get you home. ACC also replaces the right to sue for personal injury.

Amendments to the Terms & Conditions

Atomic Travel reserves the right to update or alter these Terms and Conditions at any time. The most up-to-date copy of these Terms and Conditions may be accessed at any time on Our website and will be sent to you upon written request. Atomic Travel recommends that travellers refer to these Terms and Conditions prior to travel to familiarise themselves with the most up-to-date version available and any related terms and conditions that relate to Your specific tour.

A big shout-out to Luisita (web design expert), Paul Gallen (passionate and talented landscape photographer),
and our awesome Atomic Travel team (people & bus photos).