• Home
• The Tours
• Contact us
• Book Your Tour
• Articles
• About Typhoon Surf Tours

Home >> Bookings >> Booking Conditions

Booking Conditions

The following terms & conditions form the basis of your contract with Typhoon Surf Tours Limited (“TST”). Please read them carefully and if you have any questions, fill out the enquiry form and I will answer them as soon as possible.

1. Making a booking

To book a place on one of the tours, please complete the booking form. On receipt of your booking form TST will confirm availability and then send you a booking confirmation with payment instructions, via email. Once your payment has been received, TST will email you your itinerary and all other information necessary for the tours. Please check all these documents carefully and if anything seems incorrect, contact TST immediately so it can be resolved.

2. Deposit & Payments

To confirm your booking, a deposit of 10% of the tour price must be made within 10 days of the issue of your booking confirmation and payment instructions. If your booking is less than 2 months before the tour departure, full payment must be made immediately, otherwise full payment must be made at least 2 months before departure. If TST has not received all payments due in full within 2 months of your departure TST will send you a reminder via email. If the payments are not received within one week of this reminder TST reserves the right to treat the booking as cancelled by you.

All prices are in New Zealand dollars, based on the costs and exchange rates current at the time of pricing. You are bound to pay the tour price and, where relevant, any applicable taxes, duties or associated costs. TST reserves the right to amend the tour price at any time (including due to a change in currency exchange rates), whether or not you have paid in full for your tour/s and you will be bound to pay the difference to TST. For current tour prices, please check TST’s website. Any prices listed in other currencies on the website are listed as a guide only, the exact price you are charged will depend on the exchange rate on the day your payment is made.

In addition to the tour price, you are liable for and agree to indemnify TST for all taxes (including goods and services tax), duties or costs of any kind relating to the tour price or incurred by TST in supplying services to you to the extent that such taxes, duties or costs are assessed, levied or arise under any regulations, bylaws, codes or standards imposed by any jurisdiction other than New Zealand.

3. Contract & Governing Law

A binding contract between TST and you comes into effect on the date TST sends your booking confirmation and payment instructions. New Zealand law (and no other) will apply to this contract and any dispute, claim, or other matter which arises between us shall fall under the non-exclusive jurisdiction of the courts of New Zealand.

4. Cancellation by you (the traveller)

Loss of monies paid applies to all cancelled bookings. The date of tour cancellation is the date on which the written cancellation is received by TST. The loss of monies paid is as follows, per person:

• 60 days or more deposit only
• 59-42 days prior to departure 25% of the total tour price
• 41-15 days prior to departure 50% of total tour price
• 14 days prior to departure 100% of the total tour price

No refunds will be made if you voluntarily leave a tour for any reason after the tour has commenced. Refunds will be at the discretion of TST if you are involuntarily forced to leave the tour for any reason. No refunds will be made for any accommodation, transport, activities, meals or services not utilised.

TST recommends that you to take out insurance against irrecoverable cancellation costs.

5. Cancellation by TST

TST's tours will only operate where the group reaches a minimum number. If a tour group does not meet the minimum number required to make the tour financially viable by 28 days before the departure date the tour may be cancelled or offered to you with a surcharge. In this circumstance you may choose to continue with a surcharge or withdraw from the tour.

TST reserves the right to cancel your tour for any reason. Cancellations will not normally be made within 28 days of the departure date unless a situation arises which is beyond our control e.g. a natural disaster, adverse weather conditions, civil/political unrest and/or war, terrorism, acts of god, industrial action, changes to scheduled transport services, sickness of the group leader. If your tour is cancelled TST will refund all monies you have paid, however, TST will not be liable to compensate you for any inconvenience or incidental expenses you might have incurred as a result of your booking such as visas, vaccinations, non-refundable flights or loss of enjoyment, etc.

6. Changes by You

Should you wish to make any changes to your confirmed booking, such as dates, hotel arrangements, or special requests, you must notify TST by email as soon as possible. Whilst TST will use reasonable endeavours to assist, we cannot guarantee that all such requests will be able to be met. Where amendments are made, an amendment fee will be payable together with any costs or charges incurred by TST and/or incurred or imposed by any of TST’s suppliers.

7. Flexibility & Tour Leadership

You acknowledge that travel on a TST tour requires a degree of flexibility and understand that the tour's route, itinerary, accommodation and modes of transport are subject to change without prior notice, either to allow the tour group to take advantage of any opportunities that may arise, or as required due to any relevant circumstances including, but not limited, to the cancellation of scheduled transport services, changing political situations, weather conditions, natural disasters or sickness. Such decisions would be made at the discretion of the tour leader. Any changes are binding and additional expenses will be charged to you if the reason for any alteration is outside TST's control. However, every reasonable effort will be made to include all the features of the tour originally proposed on TST’s website or what TST consider to be similar alternatives. The cost of any services not used will not be refunded.

While travelling with TST you agree to accept the authority of the tour leader at all times. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. You understand that the tour leader reserves the right, at his discretion, to have any member of the group leave at any stage of the tour if the leader considers that the person’s conduct is illegal or likely to harm, cause distress to, or annoy, other members of the group, company, or any third party or any property. Any member of the group conducting himself/herself in such a manner will relinquish the right to refund and/or further services of the leader or any responsibility or liability of TST.

You also acknowledge that while TST will use its reasonable endeavours to find optimum surfing conditions for the group on each allocated surfing day, TST will not be responsible for surf or weather conditions, or for any cancellation or amendment by you on the basis of surf or weather conditions.

8. Typhoon Season

Typhoons often stay offshore and provide great surfing conditions; however they sometimes take a less convenient path, striking land and creating dangerous weather conditions. You accept that in such situations the tour group may be required to remain at the hotel or other safe areas as long as it takes until the typhoon passes and allows the safe resumption of surfing and other activities. The tour will not be cancelled due to typhoon unless the tour leader in its sole discretion decides that the group’s safety is under threat.

9. Insurance

TST requires that you have comprehensive travel insurance. Your travel insurance must provide cover against personal accident, medical expenses, emergency repatriation (including helicopter rescue and air ambulance), personal liability, and cancellation/curtailment. We strongly recommend that the cover also includes loss of personal belongings and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you. You should also ensure that there are no exclusion clauses limiting protection for the types of activities included on your tour including, for example (but not limited to) surfing, hiking and swimming. If you do not have this level of cover then TST may refuse to carry you until you purchase sufficient insurance. In such circumstances you have no claim against TST or its suppliers. Any claims concerning matters for which you are insured must be directed to your insurers.

10. Liability

You understand that TST operates an adventure tour service which involves surfing and other activities and you appreciate that participation in the tour carries some degree of risk and danger, both to person, property and emotional trauma of friends and family. Knowing of the risk, you still wish to book and participate in the tour and so expressly agree to assume the risk of personal injury, damage or trauma to friends and family while you participate.

You confirm that you are physically fit and have no condition or injury that could be affected by participating in the tour and have provided details of any medical conditions you have to TST.

By accepting TST’s terms & conditions you confirm that you accept these risks and obligations and fully assume the risks of travel. TST (its officers, employees, contractors and agents) will not be liable for any loss, death, injury, claims, expenses (including legal costs) or damage suffered of any kind (including but not limited to indirect or consequential loss) whether in contract, tort (including negligence) or otherwise, or for any personal injury suffered or sustained (whether covered by the New Zealand Accident Compensation Corporation or not) arising directly or indirectly from any act, omission, default, error or delay by TST (its officers, employees, contractors or agents) in connection with the provision of any services relating to the tour, except for any liability which cannot be excluded by law.

To the extent that TST (or its officers, employees, contractors or agents) may become liable to you, the maximum aggregate liability will be in any event individually and collectively capped at the total tour price paid by you.

11. Medical treatment

You consent to receiving medical treatment which may be deemed necessary by TST in the case of injury, accident or illness during the course of undertaking surfing and other activities and also agree to indemnify TST in respect of such medical treatment.

12. Indemnity

You release, waive, fully protect, indemnify, hold harmless and forever discharge TST (its officers, employees and agents) from and against any liability, losses (including but not limited to indirect or consequential loss), death, injury, damages, actions, proceedings, claims, demands, costs and expenses including (without limitation) full solicitor-client costs made against or incurred by TST (or its officers, employees and agents) to the extent that such is caused (directly or indirect) by your breach of any term in these terms & conditions or in connection your participation in the tour.

13. Responsibilities

Bookings are accepted on the understanding that all persons travelling are normally in good health and able to fulfill the physical demands of the chosen tour, and that persons appreciate the risks associated with holidays and that they undertake the holiday at their own risk. In the interests of safety, during the tour, you must:

• follow any guidance, health and safety policies, directives or procedures provided by the tour leader;
• comply with any local codes of conduct and act sensibly and prudently at all times;
• take all practicable steps to ensure your own safety; and
• take all necessary steps to avoid harm to yourself and other people.

TST will take all reasonable steps to identify and minimize potential dangers.

TST will not accept responsibility and is not liable for any person who contravenes any law or regulation during the tour.

It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. TST is not liable if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. You must check passport and visa requirements with the Embassy or Consulate of the countries to or through which you are intending to travel. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on TST, you will be responsible for reimbursing TST accordingly.

14. Recordings

You agree that any films, sound or other recording of your participation in the tour will not be used in any promotion or advertising without TST’s prior consent and agree that TST may use such recordings as it deems fit without your prior consent.

15. Participation form & Waiver

TST requires all travellers to sign a participation form before commencement of the tour. By accepting TST’s terms & conditions you agree that you will sign the TST participation form as directed once in Japan. The wording of the form is as follows:

16. Other

These terms & conditions forms the entire agreement between you and TST relating to the tour and replaces all earlier discussions, representations, warranties, understandings and agreements (oral or written).

You may not assign or subcontract the benefit or burden of these terms & conditions without first obtaining the prior written consent of TST.

Each term in these terms & conditions is separately binding. If for any reason either party cannot rely on any term then all the other terms remain binding.

Any changes to these terms & conditions must be in writing and signed by the parties.

You agree to TST collecting, holding and using your personal information for the purposes of overseeing and managing the performance of the tour and generally with administering the tour. You may ask for access to, and request correction of, any personal information held by TST.

No term in these terms & conditions will be considered to be waived by either party unless express waiver is given in writing. No failure or delay by TST in exercising any right granted to it under these terms & conditions will operate as a waiver of such right or affect remedies available to TST, nor will any single or partial exercise of any such right under these terms & conditions preclude other or further exercise of rights.