Our contract with you
These are the terms and conditions on which we will supply agreed Airport Concierge Services to you and/or the Booked Party. Please ensure that you read these Terms carefully, and check that the details on your Booking Request are complete and accurate, before you submit your Booking Request.
1.2 By submitting a Booking Request you confirm the following:
(a) you agree to be legally bound by these Terms;
(b) you are over 18 years of age (if you are not over 18 years of age you must not submit a Booking Request);
(i) the person(s) that you are booking this service on behalf of (the Booked Party) is over 15 years of age; or
(ii) where one Booked Party is travelling together with another, at least one of the Booked Party is over 15 years of age and the other person younger than 15 years of age is a younger sibling of the adult Booked Party. In these circumstances, you also confirm that the siblings are permitted to travel together in accordance with your airline’s rules of carriage, and that the younger sibling will be under direct and active supervision of the adult Booked Party that is appropriate to the age of the young person and the nature of the risks present in Auckland Airport. We will not be acting as a guardian or providing care to any children below 15 years of age using the Airport Concierge Services.
1.3 Your booking will become binding on you and us as soon as you receive confirmation of our acceptance of your Booking Request and we receive payment of the Price in full, at which point a binding contract will come into existence between you and us.
1.4 If we become aware of any reason why we are unable to supply you or the Booked Party with the Airport Concierge Services, we will inform you of this and we will cancel your Booking Request.
Changes to your confirmed booking
2.1 You may request a change to your Confirmed Booking if we receive your written change request at least 2 Working Days before your Arrival Time.
2.2 Any requested changes will be subject to availability and may require a change in the total Price of the Airport Concierge Services. Where any of your requested changes means a change in the total Price of the Airport Concierge Services or that we are unable to provide you or the Booked Party with the Airport Concierge Services, we will notify you of this in writing. You can choose to cancel the Confirmed Booking in accordance with clause 4.1 in these circumstances.
2.3 You may cancel your Confirmed Booking at any time and the amount (if any) of refund of the Price will be in accordance with clause 4.1.
Postponing your confirmed booking
3.1 You may request that your Confirmed Booking be postponed to a new Arrival Time if:
(a) your Flight is cancelled, and you contact us at least 4 hours before your Arrival Time (or departure); or
(b) your (or the Booked Party's) departing airport or Auckland Airport is closed on the day of your scheduled Arrival Time (or departure), and you contact us at least 4 hours before your Arrival Time.
3.2 Any request to postpone your Confirmed Booking will be subject to availability and may require a change in the total Price of the Airport Concierge Services. Where your request to postpone your Confirmed Booking means a change in the total price of the Airport Concierge Services or that we are unable to provide you or the Booked Party with the Airport Concierge Services, we will notify you of this in writing. You can choose to cancel the Confirmed Booking in accordance with clause 4.1 in these circumstances.
Cancellation of your confirmed booking and refunds
4.1 You may cancel your Confirmed Booking in the limited circumstances described below. In most cases, you will be entitled to receive a refund of the Price paid (in whole or in part) which shall to the fullest extent permitted by law be our maximum liability to you.
For the purposes of calculating a partial refund of the Price paid in this clause 4, we will deduct from your payment any costs that we reasonably incurred in starting to fulfil your Confirmed Booking (which you acknowledge could be the full amount paid by you) and then refund you any remaining amount.
|You may cancel your Confirmed Booking if:||Refund (if any):|
|(a)||You provide us with at least 2 Working Days' written notice before your Arrival Time.||Full refund of the Price paid.|
|(b)||Auckland Airport is closed.||Full refund of the Price paid.|
|(c)||Your (or the Booked Party’s) Flight is cancelled.||Partial refund of the Price paid.|
|(d)||Your (or the Booked Party's) departing airport is closed.||Partial refund of the Price paid.|
|(e)||Your (or the Booked Party’s) Flight arrives earlier than scheduled and we do not meet you or the Booked Party to provide the Airport Concierge Services.||Partial refund of the Price paid.|
|(f)||You provide us with written notice within 2 Working Days' of your Arrival Time.||No refund.|
|(g)||You advise us incorrect Flight information so we cannot meet you (or the Booked Party) to provide the Airport Concierge Services.||No refund.|
4.2 We may cancel your Confirmed Booking immediately in the circumstances described below. In most cases you will be entitled to receive a refund of the Price paid (in whole or in part).
|We may cancel your Confirmed Booking immediately and without notice if:||Refund (if any):|
|(a)||There is an Event Outside Our Control.||Full refund of the Price paid.|
|(b)||Auckland Airport is closed and you do not contact us to postpone your Confirmed Booking in accordance with clause 3.||Full refund of the Price paid.|
|(c)||Key personnel or key materials are not available without which we cannot provide the Airport Concierge Services.||
Full refund of the Price paid.
|(d)||You or the Booked Party's departing airport is closed and you do not contact us to change your Confirmed Booking in accordance with clause 3.||Partial refund of the Price paid.
|(e)||Your Flight's scheduled Arrival Time is delayed for more than 2 hours.||
Partial refund of the Price paid.
|(f)||Your Flight is cancelled and you do not contact us to postpone your Confirmed Booking in accordance with clause 3.||Partial refund of the Price paid.|
|(g)||Your Flight arrives earlier than scheduled.||
Partial refund of the Price paid.
|(h)||You fail to provide us with information we need to provide the Airport Concierge Services as described under clause 11.3.||
You do not (or the Booked Party does not) show up at the Arrival Time to receive the Airport Concierge Services.
Cancellation and changes to your booking request
5.1 You may cancel your Booking Request at any time up until 2 working days before the start of service. In this instance, you will be entitled to a full refund of the amount paid for the Airport Concierge Service.
5.2 You may change your Booking Request up until 2 working days before the start of the service in accordance with clause 1.3.
Providing the airport concierge services
6.1 We will use reasonable commercial endeavors to provide the Airport Concierge Services. However, you acknowledge and agree that:
(a) Booking Requests are subject to our confirmation in accordance with clause 1.3;
(b) there may be delays or we may not be able to provide the Airport Concierge Services due to an Event Outside our Control;
(c) the Airport Concierge Services do not cover, complete or replace the special assistance services provided by airlines to impaired passengers. We will not be responsible or liable to provide you or the Booked Party with those services or for any damage, loss, cost or expense that you or the Booked Party suffer or incur arising out of your or the Booked Party's use of, or any airline's failure or delay in providing, those services;
(d) the Airport Concierge Service does not guarantee that you or the Booked Party will be provided with faster access through Auckland Airport or border processing and does not guarantee entry into New Zealand and that:
(i) we have no authority over Border Agencies or border processing at Auckland Airport;
(ii) you are solely responsible for ensuring that you and the Booked Party have all necessary and up to date travel documentation for entry into New Zealand (including passport(s) and visitor's visa(s) (if applicable)) and that any conditions to which such documents are subject are complied with;
(iii) we do not guarantee a maximum or minimum queue length or time; and
(iv) you and the Booked Party will be subject to the same customs, immigration, biosecurity and all other border entry requirements, procedures and regulations as other passengers that do not use the Airport Concierge Services;
(e) you accept that you and the Booked Party are responsible for compliance with all laws and regulations upon entry into Auckland Airport; and
(f) we are not responsible for your (or the Booked Party's) safety during the Airport Concierge Services and you agree to indemnify us from and against all losses, liabilities, suits, judgements, claims, costs (including legal costs), damages or expenses arising out of or in connection with your acts and omissions and the acts and omissions of the Booked Party in the course of using the Airport Concierge Services, including personal injury to or death of any person or any injury or damage to property except to the extent that such losses are directly caused by our negligence or wrongful act or omission.
Price and payment
7.1 The Price payable in respect of your Confirmed Booking will be the amount corresponding to the relevant Airport Concierge Services as set out in our price list then in force. Our prices may change at any time, but price changes will not affect the Price payable for your Confirmed Booking.
7.2 Full payment of the Price shall be deducted from your credit/debit card at the time we confirm your Booking Request to you. Your rights to a refund on cancellation of a Confirmed Booking are set out in clause 4.1. We will provide you with written confirmation of our acceptance of your Booking Request and an invoice that will quote your Confirmed Booking number.
Our liability to you
8.1 We will be liable to you only for any loss, damage, cost or expense you suffer or incur to the extent that such loss, damage, cost or expense is a direct and foreseeable result of:
(a) our infringement of your rights under any applicable laws including the Consumer Guarantees Act 1993 and Privacy Act 1993; and
(b) our wilful breach of these Terms or our gross negligence.
8.2 Notwithstanding the foregoing, to the fullest extent permitted by law, we shall not be liable to you or the Booked Party whatsoever for any losses, liabilities, suits, judgements, claims, costs (including legal costs), damages or expenses arising from:
(a) any of the events or circumstances contemplated in clause 6.1 and clause 9;
(b) any delay caused by or arising out of the actions of any third party including airlines, customs or immigration authorities or any other border agencies;
(c) any Event Outside our Control;
(d) you or the Booked Party missing or being late for any travel arrangements including flights, buses, taxis, trains, ferries or private transportation;
(e) refusal of entry into New Zealand;
(f) restricted entry into New Zealand;
(g) detainment, deportation, imprisonment, penalties, fines, being offloaded from flights, or any other act, omission, decision or ruling of any New Zealand authority including any Border Agencies; or
(h) any consequential, incidental or indirect loss or damages, loss of profits or revenues, or diminution of value arising from or in connection with, the Airport Concierge Services even if we have been advised of the possibility of such loss or damage,
and in no event shall we be liable for any losses, liabilities, suits, judgements, claims, costs (including legal costs), damages or expenses exceeding an amount equal to the Price.
8.3 These Terms, including any limitation of liability and indemnities, apply to and are for the benefit of any and all of our related companies, subcontractors, agents, employees and representatives to the same extent as they apply to us.
8.4 If you acquire or hold yourself out as acquiring the Airport Concierge Services for the purpose of any business, the provisions of the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 shall not apply to our supply of the Airport Concierge Services.
Flight delays and cancellations
9.1 If your Flight is delayed, cancelled or arrives early you or we may cancel your Confirmed Booking in accordance with the provisions outlined in clause 4.
9.2 If your Flight is cancelled and you wish to postpone your Confirmed Booking then you may do so only in accordance with clause 3.
9.3 Despite the above, if your Flight is delayed and you have provided us with your correct Flight information, we will make reasonable commercial endeavors to delay the provision of the Airport Concierge Services for up to 2 hours until your Flight arrives. If your Flight is delayed for longer than 2 hours then we may cancel your Confirmed Booking in accordance with clause 4.2.
How to contact us
10.1 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team on +64 9275 0789 or 0800 247 767 or by e-mailing us at email@example.com any time from Monday to Friday between 9.00am and 5.00pm New Zealand time (including public holidays).
10.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel or change your Confirmed Booking), you must send this to us by e-mail at firstname.lastname@example.org. We will confirm receipt of your notice by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by using the contact details you provide to us in your Booking Request.
11.3 We will need certain personal and other information from you and the Booked Party that is necessary for us to provide the Airport Concierge Services, for example, full name, date of birth, nationality, flight number, passport number, visitor's visa (if required). If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may cancel the Airport Concierge Services in accordance with clause 4.2. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked.
Severance to terms
12.1 If any court or competent authority finds that any provision of these Terms (or part of any provision) is, invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
12.2 If any invalid, unenforceable or illegal provision of these Terms would be, valid, enforceable and legal if some part of it were deleted, we shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves our original commercial intention.
Other important terms
13.1 Other terms will apply to your use of our website and services including our Acceptable Use Policy that can be viewed here and our Website Terms and Conditions.
13.2 We may transfer, assign or subcontract our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights under these Terms.
13.3 This contract is between you and us. No other person (including the Booked Party) shall have any rights to enforce any of its terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.5 These Terms are governed by New Zealand law. You and we both agree to submit to the non-exclusive jurisdiction of the New Zealand courts.
14.1 When the following capitalised words are used in these Terms, this is what they will mean:
(a) Airport Concierge Services: means the airport concierge services that we agree to provide to you and the Booked Party, as specified in the corresponding written confirmation of your Booking Request;
(b) Arrival Time: in respect of a Confirmed Booking, means the date and time that the Airport Concierge Services will be provided to you or the Booked Party as outlined in our confirmation of that booking or any rescheduled date and time provided that those changes are made in accordance with clause 2 or clause 3;
(c) Booked Party: means any person(s) (other than you) covered under your Confirmed Booking;
(d) Booking Request: means your request for the Airport Concierge Services;
(e) Border Agencies: means any authority at Auckland Airport with relevant jurisdiction including the Aviation Security Service, New Zealand Customs Service, Ministry for Primary Industries (MPI), Immigration New Zealand, Airport Police, Airways Corporation and the Department of Internal Affairs.
(f) Confirmed Booking: means the binding contract between you and us that is formed in accordance with clause 1.3.
(g) Event Outside our Control: means any act or event beyond our reasonable control, including without limitation:
(i) cancelled, delayed or early flights;
(ii) security risks;
(iii) strikes, lock-outs or other industrial action by third parties;
(iv) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(v) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(vi) failure of public or private telecommunications networks;
(h) Flight: means the flight described in the Confirmed Booking.
(i) Price: in respect of a Confirmed Booking means the price payable by you for the corresponding Airport Concierge Services;
(k) Working Days: means any day that is not a Saturday, Sunday, Auckland Anniversary Day or a public holiday in New Zealand.
14.2 When we use "we", "our" or "us" in these Terms, this means: Auckland International Airport Limited of First Floor, 4 Leonard Isitt Drive, Auckland Airport, Manukau, 2022, New Zealand.
14.3 When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.