Terms & Conditions

Waiver of Liability

13th of February of 2025

All tours are operated by Manuia Travel LLC, a State of New Mexico of the United States of America limited liability company (“Manuia Travel” or the “Tour Operator", or “us”, “we”, or “Manuia”). By booking or participating in a tour and any related products or services (a “Tour”) with Manuia Travel, you (“you”) agree to these Terms & Conditions (the “Terms”).

By booking a Tour you acknowledge that you have read, understand and agree to be bound by these Terms.
These Terms, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with us. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party. Furthermore, you consent to Manuia Travel’s use of your personal data in accordance with our Privacy Policy
https://www.manuiatravel.com/privacy-policy
and you are authorised on behalf of all participants in your party to disclose their personal details to Manuia Travel, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements). 

1. THE BOOKING CONTRACT

Your booking is confirmed and a contract exists when Manuia Travel or its disclosed agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to Manuia Travel or authorized its disclosed agent immediately. Please ensure that names are exactly as stated in the relevant passport.

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator. 

2. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. All of the participants must be at least 18 years of age to make a booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying Manuia Travel or your travel agent if any changes or cancellations are required and keeping your party informed. 

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Manuia Travel will under no circumstances be liable for any errors or omissions in the information provided to complete a booking. 

3. REQUIRED MEDICAL INFORMATION

You must provide any medical information reasonably requested by the Tour Operator and may be required to complete the Tour Operator’s medical information form (the “Medical Form”), available on the Tour Operator’s website at
http://www.manuiatravel.com/medical-form

Medical Forms are mandatory for certain Tours. If you have any pre-existing medical conditions which may impact your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, you must return a Medical Form, signed by a licensed and practicing physician to the Tour Operator prior to or at the time of final payment for the applicable booking. 

You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully. Manuia Travel will maintain the information in accordance with the Manuia Travel Privacy Policy available at
https://www.manuiatravel.com/terms-conditions

Manuia Travel reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour. 

Manuia Travel reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where Manuia Travel determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to Manuia Travel at the time of booking. Manuia Travel may refuse to carry women who are over 16 weeks pregnant. The Tour Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

In the event that you do not complete the required Medical Form or provide medical information reasonably required by Manuia Travel for any reason by the deadline indicated above, Manuia Travel reserves the right to cancel your booking and all applicable cancellation fees will apply. 

You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. Manuia Travel does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements. 

Travel with Manuia Travel may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and Manuia Travel makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

4. SPECIAL REQUIREMENTS

Any special requirements must be disclosed to Manuia Travel at the time of booking. Manuia Travel will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to Manuia Travel at the time of booking but Manuia Travel cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and Manuia Travel, and Manuia Travel is not liable for any failure to accommodate or fulfill such requests.

5. AGE REQUIREMENTS

Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Tour description or by Manuia Travel, the minimum age for minors travelling on any Tour is 12 years old.

All bookings with a minor are subject to review and approval by Manuia Travel. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. Manuia Travel will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Manuia Travel does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

6. TRAVEL INSURANCE 

We strongly advise all participants to purchase comprehensive travel insurance covering medical emergencies, accidents, trip cancellations, and other unforeseen events. Manuia Travel is not responsible for any injuries, medical expenses, lost belongings, or other incidents that may occur during the trip. Travelers who choose not to obtain travel insurance assume full responsibility for any associated risks and costs.covering all applicable dates of travel with the Tour Operator. This insurance must cover personal injury and emergency medical expenses. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Tour offered by Manuia Travel and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

7. PRICES, SURCHARGES AND TAXES

Tours are priced and advertised inclusive of applicable taxes. Prior to this time, Manuia Travel reserves the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. Manuia Travel also reserves the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

(a) The price of the carriage of passengers resulting from the cost of fuel or other power sources;

(b) The level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

(c) The exchange rates relevant to the package. 

Such variations could include but are not limited to airline cost changes which are part of Manuia Travel contracts with airlines (and their agents), cruise ship operators and any other transport providers.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if Manuia Travel is able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to Manuia Travel, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. 

Should the price of your holiday go down solely due to the changes mentioned above then any refund due will be paid to you less an administrative fee of GBP£50 or EUR€50, according to the currency of your booking. However please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. 

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period. 

From time-to-time Manuia Travel may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by Manuia Travel or its disclosed agent are not entitled to reduced pricing. 

8. VALIDITY

All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms. 

You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking the Tour Operator’s website at least 72 hours prior to departure as minor changes may have been made after the time of booking.

9. DEPOSITS

At the time of booking, a non-refundable deposit in the amount specified in each trip, as applicable, per person per Tour is due to Manuia Travel. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to Manuia Travel or authorized agent, as applicable.

Certain products or services offered by Manuia Travel may require you to make full payment at the time of booking. Manuia Travel will advise you of any such requirements prior to confirmation of the applicable booking.

Lifetime Deposits: If you cancel your booking, and that cancellation is not a result of nonpayment or any other breach of these Terms, the deposit amount will be held as a “Lifetime Deposit” with the Tour Operator, subject to these Terms. Lifetime Deposits have no expiry and may be applied towards payment of a deposit on any other Tour offered by the Tour Operator. The Lifetime Deposit is transferable and may be transferred by you to another individual of your choosing by providing notice to the Manuia Travel in writing. 

For the avoidance of doubt, only the deposit amount will form part of the Lifetime Deposit. The Lifetime Deposit has no cash value. Only one Lifetime Deposit may be applied per person per product booked. A Lifetime Deposit must be applied to a new Tour booking that is of equal or greater value to the cancelled Tour for which the Lifetime Deposit was originally received, or to a Day Tour, provided that if the price of the Day Tour is less than the amount of the Lifetime Deposit the unused amount of the Lifetime Deposit shall be forfeited. A Lifetime Deposit may not be applied to the same dates of travel.

10. DETAILS REQUIRED FOR BOOKING

As a condition of booking, you must provide the information requested by Manuia Travel along with final payment. If you fail to supply information required by Manuia Travel for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by Manuia Travel, Manuia Travel also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by Manuia Travel, in its sole discretion. The information required by Manuia Travel will vary by Tour and will be communicated to you or to Manuia Travel’s authorized agent during the booking process. Manuia Travel will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

11. AIRFARE

Tour prices do not include international or other airfare unless expressly mentioned in the Tour’s descriptions. Manuia Travel will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by Manuia Travel or the applicable air carrier(s).

12. FINAL PAYMENT & ACCEPTANCE OF BOOKING

The confirmation sent by Manuia Travel or your travel agent will contain details of final payment required for any booking. Payment of the balance of the price for any products or services booked is due 60 days before the departure date of the first product or service included in the applicable booking. If full payment is not received by the applicable due date, Manuia Travel may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 60 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.

Manuia Travel is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to Manuia Travel.

13. CANCELLATION BY THE PARTICIPANT BEFORE DEPARTURE 

You may cancel your booking by notifying Manuia Travel. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by Manuia Travel and are expressed as a percentage of the total price paid for the cancelled Tour, product or service (excluding any insurance products).

Cancellation of a Tour:

(a) Cancellation received 60 days or more before departure of first product or service in relevant booking: Lifetime Deposit will be held by the Tour Operator in accordance with these Terms, the remainder of the payments made to the Tour Operator in respect of the cancelled product will be refunded.

(b) Cancellation received 30-59 days before departure of first product or service in relevant booking: Lifetime Deposit will be held by the Tour Operator in accordance with these Terms, an amount equal to 50% of the remainder of the payments made to the Tour Operator in respect of the cancelled Tour will be refunded.

(c) Cancellation less than 30 days before departure of first product or service in relevant booking: Lifetime Deposit will be held by the Tour Operator in accordance with these Terms, and no further refund will be payable.

The cancellation charges above have been calculated as a genuine pre-estimate of the losses the Tour Operator would incur in the event you cancelled your holiday within the stipulated time period, taking into account the charges the Tour Operator will incur from its suppliers (some of which will be up to 100%) and the expected cost savings and income from alternative deployment of the travel services (if possible) calculated as an average charge over a period of time. 

Important note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. 

Manuia Travel will deduct the cancellation charge(s) from any monies you have already paid to the Tour Operator. 

Cancellation by You due to Unavoidable & Extraordinary Circumstances You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, the Tour Operator shall provide you with a full refund of the monies you have paid but will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office has changed its advice to warn against travel to your destination or its immediate vicinity after the date of your booking. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination. 

14. GUARANTEED DEPARTURES, CHANGES & CANCELLATION OF A TOUR BY THE TOUR OPERATOR

Manuia Travel guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on the Manuia Travel’s website or by contacting Manuia Travel. Brochures and other printed materials displaying Tour information and departure dates are subject to change and may not be relied upon for purposes of this guarantee. 

If Manuia Travel makes an insignificant change to your holiday, it will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but will have no liability to you for failing to inform you or your travel agent. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, change of accommodation to another of the same or higher standard (where specific accommodation was identified to you), changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change. 

Occasionally Manuia Travel may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:

(a) A change in accommodation area for the whole or a significant part of your time away.

(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

(c) A change of outward departure time or overall length of your arrangements of twelve or more hours.

(d) A significant change to your itinerary, missing out one or more destinations entirely. 

If the Tour Operator has to make a significant change or cancel, it will tell you as soon as possible and if there is time to do so before departure, will offer you the choice of:

(a) For significant changes) accepting the changed arrangements; or

(b) Having a refund of all monies paid; or

(c) Accepting an offer of alternative travel arrangements of comparable or higher standard if available (at no extra cost); or

(d) If available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements. 

You must notify Manuia Travel of your choice within 7 natural days of the offer. If Manuia Travel does not hear from you within 7 natural days, it will contact you again to request notification of your choice. If you fail to respond again within 3 natural days, the Tour Operator will assume that you have chosen to accept the change or alternative booking arrangements. 

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of Manuia Travel. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with Manuia Travel, whether or not such expenses arise from a change of itinerary, and Manuia Travel is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. Manuia Travel will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary. 

Compensation 

In addition to a full refund of all monies paid for the cancelled Tour by you, the Tour Operator will pay you reasonable compensation in the following circumstances:

- If Manuia Travel makes a significant change less than 60 days before your departure date and you do not accept the changed arrangements and cancel your booking; or

- If Manuia Travel cancels your booking and no alternative arrangements are available. 

IMPORTANT NOTE: The Tour Operator will not pay you compensation in the following circumstances:

- Where Manuia Travel makes an insignificant change;

- Where Manuia Travel makes a significant change or cancels your arrangements more than 60 days before your departure (or 90 days for Expedition Tours);

- Where Manuia Travel makes a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

- Where Manuia Travel has to cancel your arrangements as a result of your failure to make full payment on time;

- Where the change or cancellation by Manuia Travel arises out of alterations to the confirmed booking requested by you; or

- Where Manuia Travel is forced to cancel or change your arrangements due to Force Majeure. 

If Manuia Travel becomes unable to provide a significant proportion of the arrangement that you have booked with Tour Operator after you have departed, we will, if possible, make alternative arrangement for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction. 

15. FINANCIAL PROTECTION 

All money paid by you will be held in a segregated account by Manuia Travel until travel is completed.

16. TRAVEL DOCUMENTS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with Manuia Travel as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by Manuia Travel that is a direct result of your failure to secure or be in possession of proper travel documentation. Manuia Travel does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that Manuia Travel is not responsible for any errors or omissions in this information. 

17. FLEXIBILITY & UNUSED SERVICES

You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by Manuia Travel. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Manuia Travel (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of Manuia Travel, including your removal from a Tour because of your negligence or breach of these Terms.

18. CHANGES MADE BY YOU & TRANSFERS OF BOOKING 

Changes made by you: If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform Manuia Travel in writing as soon as possible. This should be done by the first named person on the booking. You are responsible for ensuring that information provided to Manuia Travel is accurate and up-to-date. Any changes to your name on any booking are subject to Manuia Travel’s approval. Any changes to a booking depend on availability and are subject to Manuia Travel’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. And you should be aware that these costs could increase the closer to the departure date that changes are made. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking. Where Manuia Travel is unable to assist you and you do not wish to proceed with the original booking Manuia Travel will treat this as a cancellation by you. A cancellation fee may be payable. 

Transfer of booking: If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

a) that person is introduced by you and satisfies all the conditions applicable to the holiday;

b) Manuia Travel is notified not less than 14 days before departure;

c) if the transfer occurs 15 days or more before departure, no transfer fee applies. If the transfer occurs within 14 days of departure, you pay any outstanding balance payment, an amendment fee of EUR€50 (according to the currency of your booking) per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

d) the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 13 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important note: Certain arrangements may require a longer notice period or may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. 

19. ACCEPTANCE OF RISK

You acknowledge that adventure travel and the products and services offered by Manuia Travel may involve a significant amount of risk to your health and safety. By traveling with Manuia Travel you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release Manuia Travel from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by Manuia Travel. Manuia Travel requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) prior to departing on your tour. The Waiver is available at https://www.manuiatravel.com/waiver-liability

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that Manuia Travel is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of Manuia Travel (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, Manuia Travel may terminate your travel arrangements on any product or service immediately at your expense and without any liability on Manuia Travel’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by Manuia Travel or Manuia Travel’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of Manuia Travel and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither Manuia Travel nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address your complaint. You agree to inform your tour leader, another representative of Manuia Travel or Manuia Travel’s customer service department directly. Manuia Travel assumes no liability for complaints that are not properly brought to the attention of Manuia Travel and cannot resolve or attempt to resolve complaints until proper notice is provided. If you fail to notify Manuia Travel of complaints or concerns while on Tour, Manuia Travel will have been deprived of the opportunity to investigate and rectify your complaint immediately and this may affect your rights under these Terms. Any complaint made after the completion of a Tour must be received in writing by the Tour Operator within 30 days of the last day of travel of the booking in question.

20. OUR RESPONSIBILITIES 

(1) Manuia Travel will accept responsibility for the arrangements Manuia Travel agrees to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, Manuia Travel is responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if Manuia Travel or its suppliers negligently perform or arrange those services and Manuia Travel doesn’t remedy or resolve your complaint within a reasonable period of time, Manuia Travel will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which Manuia Travel or Manuia Travel’s employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that Manuia Travel or its supplier(s) have been negligent if you wish to make a claim against Manuia Travel. 

(2) Manuia Travel will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a) the acts and/or omissions of the person affected; or

(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or

(c) Force Majeure 

(3) Manuia Travel limits the amount of compensation it may have to pay you if it is found liable under this clause as follows:

(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount Manuia Travel will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount Manuia Travel will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

i) The extent of Manuia Travel’s liability will in all cases be limited as if it’s a carrier under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from Manuia Travel. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, Manuia Travel relies on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with Manuia Travel, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability Manuia Travel may have to you under Manuia Travel’s contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) Manuia Travel were a carrier.

iii) When making any payment, the Tour Operator is entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. 

(4) It is a condition of Manuia Travel’s acceptance of liability under this clause that you notify any claim to Manuia Travel and our supplier(s) strictly in accordance with the complaints procedure set out in these Terms. 

(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to Manuia Travel or its insurers any rights they may have to pursue any third party and must provide Manuia Travel and its insurers with all assistance they may reasonably require. 

(6) Please note, Manuia Travel cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

a) which on the basis of the information given to Manuia Travel by you concerning your booking prior to tManuia Travel accepting it, Manuia Travel could not have foreseen you would suffer or incur if Manuia Travel breached its contract with you; or

b) relate to any business. 

(7) Manuia Travel will not accept responsibility for services or facilities which do not form part of its agreement or where they are not advertised in our brochure or on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. 

(8) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, Manuia Travel shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided Manuia Travel has been notified of these particular needs in advance. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point. 

COVID-19

We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both at home and in destination countries.

Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:

a) If you, or anyone in your booking party, test positive for COVID-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for COVID-19 (or where they otherwise suspect they may have COVID-19) and have to self-isolate for a period of time. If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:

i) Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by other suppliers);
• We reserve the right to cancel your holiday, in which case we reserve the right to impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance. 

If this happens while you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your Tour, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.

b) You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.

You acknowledge that the suppliers providing your Tour, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.

21. OPTIONAL EXTRAS

“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any assistance given by Manuia Travel’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and Manuia Travel makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of Manuia Travel regarding any Optional Extras. You release Manuia Travel from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.

You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity. 

22. PROMPT ASSISTANCE 

If, whilst you are on holiday, you find yourself in difficulty for any reason, Manuia Travel will offer you such prompt assistance as is appropriate in the circumstances. In particular, Manuia Travel will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by Manuia Travel, our employees or sub-contractors, Manuia Travel will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, Manuia Travel will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain Manuia Travel’s prior authorisation before making your own travel arrangements. Furthermore, Manuia Travel reserves the right to charge you a fee for its assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence. 

23. FORCE MAJEURE

Except where otherwise expressly stated in these Terms, Manuia Travel will not be liable or pay you compensation if its contractual obligations to you are affected by “unavoidable and extraordinary circumstances” meaning any event beyond Manuia Travel’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, labor difficulties, interference by authorities, political disturbance, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside Manuia Travel’s or the supplier(s) control. 

24. IMAGES AND MARKETING

You agree that, while participating in any Tours or Trips, images, photos or videos may be taken by other participants, Manuia Travel or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Manuia Travel, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

25. ACCOMMODATION FOR GROUPS

In the accommodations provided during the trip, participants may be required to share a bed with another member of the group. Travelers have the flexibility to choose their bed companion at any time, subject to the approval of the trip coordinator. For those who prefer to sleep alone, an individual accommodation option is available for an additional fee, which will be specified for each particular trip.

26. PRIVACY POLICY

Manuia Travel must collect your personal information to deliver the Tour and any products or services booked. Manuia Travel collects, uses and discloses only that information reasonably required to enable Manuia Travel and its Third Party Suppliers to provide the particular Tour, products and/or services that you have requested as described in Manuia Travel’s Privacy Policy, which can be accessed any time at http://www.manuiatravel.com/privacy-policy
and is expressly incorporated into these Terms. By submitting any personal information to Manuia Travel, you indicate your acceptance of Manuia Travel’s Privacy Policy. 

27. SEVERABILITY

If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

28. CONTRACT PARTIES & SUCCESSORS

These Terms will insure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

29. APPLICABLE LAW 

The Contract and these Terms are subject to the laws of the State of New Mexico of the United States of America and you submit to agree to the exclusive jurisdiction of the courts located in the the State of New Mexico of the United States of America for the resolution of any dispute under these Terms or concerning a Product.

30. AMENDMENTS

Manuia Travel reserves the right to update or alter these Terms at any time, and will post the amended Terms on Manuia Travel’s website at
http://www.manuiatravel.com/terms-conditions
Any amendment will take effect 10 days after being posted to Manuia Travel’s website. An up to date copy of these Terms, as amended, may be accessed at any time on Manuia Travel’s website and will be sent to you upon written request to Manuia Travel. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Tour Operator’s website. The Tour Operator recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.