Terms and Conditions - Southern Lights by Flight

AURORA AUSTRALIS FLIGHTS - TERMS AND CONDITIONS

Please carefully read these booking conditions. By making a booking you acknowledge that you have read, understand and you agree to be bound by these conditions which form an agreement between Viva Expeditions Ltd (NZBN 9429030377127) and yourself. 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.

Deposit and final payments

A non-refundable deposit per passenger is due at the time of booking equivalent to:

1.Economy class seats – NZD$500.00 per person

2.Premium Economy and Sky Couch – NZD$750.00 per person

3.Business class seats - NZD$1000.00 per person

Final payment of your booking balance is required eight weeks prior to your departure date.

Cancellation fees

If we are unable to operate the 2021 or 2022 flight dates due to re-scheduling by the airline any payments made are fully refundable. Should your 2021 or 2022 season flight not be able to depart due to government travel restrictions, you can choose from either of the following:

1.Transfer to an alternative departure date, if available, at no extra cost.

2.Receive a full refund, excluding $75 per person administration fee.

3.A 100% travel credit to use when booking another Viva Expeditions tour.

Please note: If you are residing outside of New Zealand and book onto this flight, Viva Expeditions will not be responsible for any delay or disruption caused by COVID restrictions preventing you entering New Zealand or any delay or disruption caused by COVID restrictions within any country outside of 2.Between final payment and 28 days prior to departure – 50% of total price cancellation fee. 3.Between 28 days and departure date – no refund Travel insurance is strongly recommended.

Fares

All fares and charges are per person in New Zealand dollars, including GST 2022 rates are subject to change in the event of an increase in aircraft charter costs. Any increases will be discussed with passengers in advance.

Credit card administration fee

The client acknowledges that payment by the client by credit card will attract an administration fee and which the client agrees to pay to the company. Currently, the administration fee is 2% for any amount debited by Visa or Mastercard. American Express.

Minimum numbers

Flight departures require minimum numbers to operate. If flights are cancelled due to insufficient numbers, then passengers will be refunded in full.

Amendment/transfer

Your ticket can be transferred to another person up to 48 hours prior to departure if you are unable to fly due to having COVID-19 or are displaying any symptoms that would prevent them from being allowed to board the flight. An NZ$150 name change service fee per change will apply. This same service fee will apply for change of class.

Travel documents

Trip information and travel documents will be forwarded to you approximately 10 days prior to travel, providing full payment has been received.

Seat numbers

Will not be confirmed in advance of the flight. They will be issued on your boarding pass at the departure airport.

Passport identification

Is required upon check-in. As this is a charter flight, a valid passport is required for check in (an NZ driver’s licence will suffice).

Disclaimer of liability

The company will use its best endeavours to ensure that its obligations pursuant to the contract with the client are satisfied. However, despite those best endeavours, it is not always possible for those obligations to be satisfied. Unless otherwise excluded or modified by law, the company hereby disclaims liability for any loss of or damage to the client, including loss of life or injury, and loss of or damage to any of the client’s property; also delay; inconvenience; upset; disappointment; stress; frustration; or loss of employment or loss of holiday time; however such loss or damage may be caused. Unless such disclaimer shall be excluded or modified by law, the client warrants that he or she will not make or pursue any claim against the company in respect of any such loss or damage, however caused. The client acknowledges that the provisions of above are reasonable and necessary for the business of the company having regard to a range of matters including but not limited to the following:

1. The tours or parts of them are supplied or undertaken by third party operators. Whilst the company has undertaken due diligence on the quality of the services offered by such third party operators, and has been satisfied as to the adequacy of that quality, it cannot be responsible for any acts or omissions on their parts.

2. The client acknowledges that it is the client’s responsibility to check-in on time for his or her flight at any airport. The company will not be responsible for any flights that are not taken by the client due to the client’s late arrival at any airport.

The passenger will not be entitled to any refund if the passenger fails to follow the instruction of Viva Expeditions Ltd. or its representatives. We reserve the right to alter or cancel any services you have purchased and inclusions may vary depending on weather, or other uncertainties, and are subject to change. The photographs appearing in this brochure are representational only and are not a guarantee that everything will be exactly as depicted at the location upon arrival. It is important to note that photography and video content used is typically modern digital equipment and differs from what is seen with the naked eye. Whilst every endeavour will be made to adhere to the proposed route, weather conditions may determine the actual route, according to the absolute discretion of the Captain of the aircraft. No guarantee can be given of clear viewing conditions and no refund or part refund will be made if the views are fully or partially obscured. Alternative routes will be selected to give the best viewing if the planned route has unfavourable weather conditions.

Limitation of Liability

In the Event of Force Majeure In the event of a Force Majeure event making it impossible or unsafe for Viva Expeditions to deliver all or part of the holiday package, Viva Expeditions will refund the customer for the unperformed part of the holiday package less any reasonable losses incurred before cancellation. Losses may amount to a substantial proportion of the booking price. Viva Expeditions will use reasonable endeavours to minimise losses incurred by our guests. Customers must take out travel insurance to protect themselves against loss in these circumstances.

Aircraft

An Air New Zealand 787 aircraft will operate all flights; however, other Air New Zealand aircraft may be substituted without notice. Frequent flyer points do not apply.

Depending on prevailing weather conditions the quality and brightness of the Aurora viewed may vary. Alternative flight paths may enable viewing of the Aurora Australis but clear views cannot be guaranteed.

Photos/videos

Photographs or videos of the flight may be used for promotional purposes. Agreeing to these terms online and acceptance of the documents indicates your acceptance and release for this material to be used for promotional and/or resale purposes.

Airline levy

Airline fuel and/or security levies may apply. These terms and conditions are in addition to the regular Viva Expeditions terms and conditions but where there is a conflict the flight specific terms and conditions take precedence.