Stuff Travel terms and conditions
1.1 Welcome to Stuff Travel!
The Stuff Travel Platformis operated by Stuff Travel, a business unit of Stuff Limited NZBN 9429035992967 (referred to in these terms and conditions as Stuff Travel, We, Us and Our).
By accessing, browsing, registering for and/or using the Stuff Travel Platform you agree that you, and anyone else that uses the Stuff Travel Platform through your Account (irrespective of whether such person does so with your permission or otherwise), will be bound by:
a. these terms and conditions;
b. our Website Terms and Conditions; and
1.2 Age affirmation
By accessing, browsing or using the Stuff Travel Platform (and/or completing or making a Reservation), you affirm that you are at least the age of 18 years old or otherwise have the consent of your legal parent or guardian to access, browse and use (and/or complete or make a Reservation via) the Stuff Travel Platform.
We reserve the right to amend the Terms at any time and from time to time. Amendments will be effective immediately upon posting on the Stuff Travel Platform. If We make changes to the Terms, We will post the amended Terms on the Stuff Travel Platform and update the “Last Updated” date at the end of these Terms. Your continued use and access of the Stuff Travel Platform following such notification constitutes an acceptance by you of the amended Terms. If you are not happy with a change that we make to these Terms, you can end your use of the Stuff Travel Platform in accordance with clause 7 of these Terms. If you have any questions, please contact us via email: email@example.com.
2 Use of the Stuff Travel Platform
2.1 Stuff Travel Platform
The Stuff Travel Platform is an online platform[ ] that enables seasoned travelers, expats and locals to create their own reviews and ratings for each Stuff Travel Destination and assists Users in gathering travel information, posting opinions of travel related issues, engaging in interactive travel forums and/or searching and making reservations for travel related products and services (Permitted Purposes).
The Stuff Travel Platform is made available for personal and non-commercial use strictly in accordance with the Permitted Purposes. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any Content or information, software, reservations, tickers, products or services available on the Stuff Travel Platform for commercial or competitive activity or purpose.
Due to the nature of the internet, Stuff Travel cannot guarantee the continuous and uninterrupted availability and accessibility of the Stuff Travel Platform. Stuff Travel may restrict the availability of the Stuff Travel Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of Our servers or those of our third party suppliers, or to carry out maintenance measures that ensure the proper or improved functioning of the Stuff Travel Platform. Stuff Travel may, at its sole discretion, improve, enhance and modify the Stuff Travel Platform from time to time.
Subject to the provisions of the Agreement and your compliance with the terms and conditions thereof, Stuff Travel grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) use the Stuff Travel Platform; and (ii) access, browse and view any Content made available on or through the Stuff Travel Platform and accessible to you, solely for your personal and non-commercial use and for the Permitted Purposes.
2.2 Account Registration
You are not required to register an account with Us to view the Stuff Travel Platform. However, you may be required to register an Account with Us in order to access and use certain features of the Stuff Travel Platform such as to make or complete a Reservation of a Travel Product advertised on the Stuff Travel Platform.
To register an Account, you follow the registration or signup process as detailed on the Stuff Travel Platform. You acknowledge that Stuff Travel may accept or reject your registration or sign up at its sole discretion.
You must provide accurate, current and complete information during the registration process and keep your Account and public Account profile page information up-to-date at all times.
You may not assign or otherwise transfer your Account to another party.
You are responsible for maintaining the confidentiality and security of your Account credentials and passwords and must not disclose your credentials and passwords to any third party. You must immediately notify Stuff Travel if you know or have any reason to suspect (i) that your credentials and passwords have been lost, stolen, misappropriated, or otherwise compromised or (ii) any actual or suspected unauthorised use of your Account. You are solely liable for any and all activities conducted (including any Content posted or uploaded on the Stuff Travel Platform) through your Account. Stuff Travel accepts no responsibility and liability for any and all activities conducted (including any Content posted or uploaded on the Stuff Travel Platform) through your Account.
2.3 Scope of Stuff Travel services
Stuff Travel sells, resells or offers various travel related products and services, via the Stuff Travel Platform, as agent on behalf of numerous transport, accommodation and other travel related product and services providers and wholesalers.
For certain Stuff Travel Products and Services, We may also act as an intermediary between you and the Travel Product Provider with which you have made a Reservation or Purchase of a Travel Product via the Stuff Travel Platform, to:
● facilitate, collect, process and/or remit payment of any fee for the Purchase of any Travel Products via the Stuff Travel Platform;
● transmit the relevant details of your Reservation or Purchase (made or completed on or via the Stuff Travel Platform) to the relevant Travel Product Provider; and/or
● send you a Reservation confirmation for and on behalf of the Travel Provider.
Only Stuff Travel Product Providers that have a commercial relationship with Stuff Travel or its third party suppliers (through an agreement) will be made available on Stuff Travel Platform.
The Stuff Travel Platform is not an open platform where end users can make their products available. Stuff Travel does not allow non-professional parties to offer or sell their products on or through the Stuff Travel Platform. The Travel Product Providers alone are responsible for their Listings and the supply of their Travel Products, and any advertisement or Content in connection with their Travel Products that are posted by the Travel Product Providers on the Stuff Travel Platform.
We have no control over, or liability for, the Travel Products offered or provided by the Travel Product Providers. All Reservations are made on your behalf subject to the terms and conditions, including conditions of carriage and limitation of liability, imposed by these Travel Product Providers.
Your legal rights in connection with the delivery, provision, use and supply of the relevant Travel Products are against the Travel Providers of those products and, except to the extent a problem is directly caused by fault on Our part, are not against Us.
3 Reservation of Travel Products
3.1 Prices for Travel Products
You acknowledge that prices for the Travel Products as advertised on the Stuff Travel Platform are fixed by the Travel Product Providers and therefore:
● are subject to changes or updates by the Travel Product Providers at any time and from time to time; and
● may carry special restrictions and conditions, for example non-cancellable and non-refundable, validity and expiration period. We recommend that you check the relevant special restrictions and conditions (including product, service and reservation conditions and details thoroughly for any such conditions) prior to making your Reservation.
All prices for the Travel Products are displayed excluding GST/VAT/sales tax and all other Applicable Taxes and fees (including any bank fees, administration fees, service fees, currency exchange fees, late check out fees or early check in fees), unless stated differently on the Stuff Travel Platform or the confirmation email/ticket for your Reservation.
Please note that the Travel Product Providers may also have, declare applicable and/or require acceptance of, in addition to the policies and fine print as advertised or published by them on the Stuff Travel Platform, their own terms and conditions, house rules, disclaimers and limitations of liability for the Reservation, use, delivery (including shipping and carriage), payment, refund, cancellation, access and consummation of the relevant Travel Products (Provider Terms & Conditions). We recommend that you carefully read the Provider Terms and Conditions before you (decide to) make or complete a Reservation.
Subject to your acceptance of, and agreement to observe and comply with, the applicable Provider Terms and Conditions, you can make a Reservation of a Travel Product on the Stuff Travel Platform by following the relevant booking process displayed on the Stuff Travel Platform.
By making or completing a Reservation of a Travel Product, you:
● confirm that you have read and understand, and you accept, the Provider Terms and Conditions applicable to, the Reservation of the Travel Products;
● offer to make the Reservation for the relevant Travel Products for the Total Price, subject to the Provider Terms and Conditions and this Agreement;
● agree to enter into a direct legally binding contractual relationship with the Travel Product Provider with which you make a Reservation or Purchase of the Travel Products, subject to confirmation of your Reservation by the Travel Product Provider and subject to the Provider Terms and Conditions and this Agreement;
● agree, and undertake in favour of the relevant Travel Product Provider and Us, to be bound by, observe and comply with the Provider Terms and Conditions;
● acknowledge and agree that your Reservation becomes binding on the Travel Product Provider only upon confirmation of acceptance of your Reservation by the Travel Product Provider and subject to cancellation under the Provider Terms and Conditions and this Agreement.
● acknowledge and agree that the Travel Product Provider or Stuff Travel reserve the right not to accept guests or Reservations (or in exceptional cases to cancel confirmed ones) at their discretion and for whatever reasons (including, without limitation, non-availability) without the need to justify such refusal or non-acceptance;
● acknowledge and agree that in case a Reservation is rejected or cancelled by Stuff Travel and a payment has already been made, you will receive a refund of the Total Price collected by Stuff Travel, less any bank fees and third party process charges; and
● acknowledge and agree that, in rare cases, We may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Stuff Travel Platform (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. Where this happens, the booking or awarded points will be adjusted, or, where relevant, the amount charged will be reimbursed without charge.
3.3 Payment of the Total Price
If applicable and available, certain Travel Product Providers offer the opportunity for Reservations to be paid (wholly or partly and as required under the payment policy of the relevant Travel Product Provider) to the Travel Product Provider during the Reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain Travel Products, Stuff Travel acts as an intermediary to facilitate (through third party payment processors) the collection, payment and remittance of the Total Prices for the relevant Travel Products for and on behalf of those Travel Product Providers.
Any payment facilitated by Stuff Travel for and on behalf of, and transferred to, the Travel Product Provider will in each case constitute a payment of (all or part of, as applicable) the Total Price by you of the relevant Travel Product and you cannot reclaim such paid monies, except where your Reservation is fully or partly refundable on cancellation and you have cancelled your Reservation in accordance with these Terms and the Provider Terms and Conditions (as applicable) prior to the expiration of the relevant period where refund may be claimed.
You will not hold Stuff Travel liable or responsible for any (authorised, (allegedly) unauthorised or wrong) charge by the Travel Product Provider and, except to the extent where a refund may be claimed on cancellation of your Reservation, not (re)claim any amount for any valid or authorised charge by the Travel Product Provider (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.
In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on the Stuff Travel Platform, you will be solely liable, and release Stuff Travel from any liability, for payment of this deductible.
Stuff Travel is not responsible for any fees that a third party payment processor may impose when Stuff Travel charges the Total Price for a Reservation made by you, and Stuff Travel disclaims all liability in this regard.
Any offline or manual transactions can only be made in exceptional circumstances and will incur a 5% processing fee.
3.4 Pre-payment, cancellation, no-show and fine print
By making and completing a Reservation of a Travel Product, you accept and agree to the relevant cancellation and no-show policy for the Travel Product, and to any additional Provider Terms and conditions that may apply to the Travel Product (including the fine print of the Travel Product Provider made available on the Stuff Travel Platform and the relevant house rules of the relevant Travel Product Provider), including for services rendered and/or products offered by the Travel Product Provider. Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable Tax and fees may still be charged by the Travel Product Provider in the event of a no-show or charged cancellation. Please check the Reservation details of the Travel Product thoroughly for any such conditions prior to making your Reservation. Cancellation and prepayment policies may vary per segment or Travel Product. Please carefully read the Provider Terms and Conditions (including any fine print) and important information in your Reservation confirmation for additional policies as may be applied by the Travel Product Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). If you wish to review, adjust or cancel your Reservation, please refer to the confirmation email and follow the instructions in that email. Please note that you may be charged for your cancellation in accordance with the Travel Product Provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Travel Product Provider so they know when to expect you to avoid cancellation of your reservation or room or charge of the no-show fee. Stuff Travel does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Travel Product Provider.
3.5 Stuff Travel
Stuff Travel will not charge Users (not being Travel Product Providers) for any Reservation made via the Stuff Travel Platform or your use, access or browsing of the Content contained on the Stuff Travel Platform, except for the Total Prices and any Applicable Taxes and fees charged by a third party or which Stuff Travel is liable to pay as a result of your Reservation.
Stuff Travel may receive a commission (being a small percentage of the Total Price for a Reservation of a Travel Product made via the Stuff Travel Platform) from the Travel Product Provider.
3.6 Cancellations and Refunds
If a User cancels a confirmed Reservation, Stuff Travel will refund the amount of the Total Prices which Stuff Travel had collected from the User via the Stuff Travel Platform at the time of Reservation process, to the User subject to the relevant Product Terms and Conditions and otherwise in accordance with these Terms.
If a Stuff Travel Product Provider cancels a confirmed Reservation, Stuff Travel will provide the User who has made the Reservation, a full refund of the Total Prices (which Stuff Travel had collected via the Stuff Travel Platform at the time of the Reservation process and which Stuff Travel has not remitted the payment of the Total Prices to the Travel Product Providers at the time of the cancellation) less any third party bank fees, credit card charges and any other third party charges within a reasonable time of the cancellation. Such refund will be made to you using the same Payment Method and currency which you chose to pay the Total Prices at the time of Reservation, unless otherwise agreed.
(a) The Stuff Travel Platform facilitates Reservations between you and the relevant Travel Product Provider who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Stuff Travel Platform allows Users to view the price of Listings in a number of currencies, the currencies available for Users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
(b) You may be given an option to pay for a Reservation in a currency different from their destination currency or the currency accepted by the Travel Product Providers. Travel Product price or rates provided in a currency other than the currency displayed on the Stuff Travel Platform are converted to the displayed currency at a rate determined by Stuff Travel, which may include a conversion and/or processing fee for certain currencies.
(c) The currency and amount you see displayed on the final booking page is the amount Stuff Travel will charge to you. Your bank and/or any third party payment processor may impose additional fees on the transaction, over which Stuff Travel has no control. Please note that exchange rates fluctuate daily.
4 Content, review and rating
4.1 Third Party Links
We may provide you with access to third-party links or tools of the Travel Product Providers, payment processors or any other third party (“Third Party Sites”), over which We neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such Third Party Sites.
Third Party Sites on Stuff Travel may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Third Party Sites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the Purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party Site. Please review carefully the third-party's policies and practices (including as to privacy) and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
4.2 Third Party Advertisements
The Stuff Travel Platform may contain advertisements for goods and/or services sold or supplied by third parties, including Travel Product Providers. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. We, Our officers, directors, employees, agents or related bodies corporate do not recommend, sponsor, approve or endorse the goods or services (including Travel Products) that may be advertised on the Stuff Travel Platform, nor do We offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service (including Travel Products) advertised by a third party (including Travel Product Providers) on the Stuff Travel Platform, you do so at your own risk.
5 Content, review and rating
5.1 Content, reviews and ratings
Stuff Travel may, at its sole discretion, enable you to (i) create, upload, post, send, receive and store Content, such as text, photos, audio, video, reviews, ratings or other materials and information, on or through the Stuff Travel Platform; and (ii) access, browse and view any User Content and any Content that Stuff Travel itself makes available on or through the Stuff Travel Platform, including proprietary Stuff Travel Content and any Content licensed or authorised for use by or through Stuff Travel from a third party (not being the Users).
Reviews and ratings are from those Users who have elected to post these on the Stuff Travel Platform. Any User can review and rate a product, service or merchant, and as such, We give no warranty as to the accuracy or truth of any review or rating nor the level of performance that may be expected from products, services and/or merchants based on ratings or reviews. We do not endorse, verify or validate any review or rating posted by a User on the Stuff Travel Platform.
You acknowledge and agree that your User Content is non-confidential and non-proprietary.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Stuff Travel Platform, you:
(a) grant a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to Stuff Travel to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, or otherwise exploit in any manner such User Content to provide and/or promote the Stuff Travel Platform and its use and access, in any media or platform. Unless you provide specific consent, Stuff Travel does not claim any ownership rights in any User Content;
(c) further acknowledge and consent that your User Content (or part thereof) may be disclosed to or viewed, used or collected by other Users or any other person viewing or accessing the Stuff Travel Platform; and
(d) if it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you:
● agree that you do not require that any personally identifying information be used in connection with the User Content or any derivative works of or upgrades or updates thereto;
● have no objection to the publication, use, modification, deletion and exploitation of the User Content by Stuff Travel or its licensees, successors and assigns;
● to the maximum extent permitted by law, forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and
● forever release Stuff Travel and its licensees, successors and assigns, from any claims that you could otherwise assert against Stuff Travel by virtue of any such moral rights.
You are solely responsible for all User Content that you make available on or through the Stuff Travel Platform. Accordingly, you represent and warrant that;
● either you are the sole and exclusive owner of all User Content that you have made available on or through the Stuff Travel Platform or you have all rights, licenses, consents and releases that are necessary to grant to Stuff Travel and its Users the rights in and to such User Content, as contemplated under these Terms; and
● neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Stuff Travel's use of the User Content (or any portion thereof) infringes or will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
● no proceedings have been instituted by any third party against the User in connection with any User Content for the infringement of that party’s intellectual property rights.
5.2 User contributions
When submitting Content to the Stuff Travel Platform in any format, including but not limited to text, photographs, graphics, video, audio, reviews and ratings (User Content), you must not submit any User Content that:
● contains, promotes, or provides information about unlawful activities or conduct;
● is, or could reasonably be expected to be discriminatory, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful;
● racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
● contains nudity, violence, or sexual acts or references;
● poses or creates a risk to a person's privacy, security or safety;
● is illegal or violates another person’s or entity’s rights, including intellectual property rights and privacy rights and rights relating to confidential information
● discloses personal information of another person or persons without their prior consent;
● contains information that you know, or ought reasonably to have known or suspected to be false, misleading or deceptive;
● contains viruses, other computer codes, files or programs that are designed to interrupt, limit or destroy the functionality of other computer software or hardware;
● advertises, promotes or solicits any goods or services or commercial activities unless prior permission has been expressly given by Us;
● contains any form of financial, legal, medical or other professional advice;
● transmits "junk mail", "chain letters", "unsolicited emails", "instant messaging", or which constitutes "spimming" or "spamming";
● impersonates any person or entity;
● solicits money, passwords or personal information from any person;
● is untrue, false or misleading;
● adversely affects the goodwill of the business of Stuff Travel; or
● is prohibited by the Agreement.
5.3 Removal of User Content
You acknowledge that any User Content you submit on the Stuff Travel Platform can be removed by Us at any time without notice, at Our sole discretion.
5.4 Copyright and other intellectual property rights
The Stuff Travel Platform, Stuff Travel Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of New Zealand and other countries. You acknowledge and agree that the Stuff Travel Platform and Stuff Travel Content, including all associated intellectual property rights, are the exclusive property of Stuff Travel and/or its licensors or authorising third-parties (not being Users). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Stuff Travel Platform or Stuff Travel Content.
5.5 No Warranties and liabilities
Stuff Travel does not edit or control the User Content posted to or distributed on the Stuff Travel Platform, and will not be in any way responsible or liable for such User Content. To the extent permitted by law, and subject to any other clause in the Agreement, We make no warranties in relation to the Content (including any User Content), completeness of search results, suitability, quality, safety or legality of any items listed on the Stuff Travel Platform.
5.6 Breach of Copyright
If you consider that any Content on the Stuff Travel Platform breaches your intellectual property rights please notify Us. Notification, and any action that We may take in response to the notification is not an admission that there has been a breach of intellectual property rights, or that We accept any liability in relation to such a breach. We do not guarantee to take any action if notified under this clause.
6 Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Stuff Travel Platform. In connection with your access, browsing and use of the Stuff Travel Platform, you undertake that you will not and will not assist or enable others to:
● breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, these Terms;
● copy, store or otherwise access or use any information, including personally identifiable information about any other Users, contained on the Stuff Travel Platform in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Users or third parties;
● access or use the Stuff Travel Platform for any unlawful purpose; or for any purpose prohibited or otherwise not authorised by these Terms;
● transmit (or authorise the transmission of) "junk mail", "chain letters", "unsolicited emails", "instant messaging", or otherwise use the Stuff Travel Platform for "spimming" or "spamming";
● impersonate any person or entity or otherwise violate or infringe anyone else's rights or otherwise cause harm to anyone;
● harm, abuse, harass, stalk, threaten or otherwise offend others;
● solicit money, passwords or personal information from any person;
● discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
● dilute, tarnish or otherwise harm the “Stuff Travel" brand in any way, including through unauthorised use of its Content, registering and/or using Stuff Travel or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to the Stuff Travel domains, trademarks, taglines, promotional campaigns or the Stuff Travel Platform;
● use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Stuff Travel Platform for any purpose;
● avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Stuff Travel or any of Stuff Travel's providers or any other third party to protect the Stuff Travel Platform;
● attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Stuff Travel Platform; and/or
● take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Stuff Travel Platform.
You acknowledge that Stuff Travel has no obligation to monitor the access to or use of the Stuff Travel Platform by any User or any other persons or to review, disable access to, or edit or screen any User Content, but reserves the right, and has absolute discretion, to do so for any reason. You undertake to cooperate with and assist Stuff Travel in good faith, and to provide Stuff Travel with such information and take such actions as may be reasonably requested by Stuff Travel with respect to any investigation undertaken by Stuff Travel or a representative of Stuff Travel regarding the use or abuse of the Stuff Travel Platform.
7 Term and Termination, Suspension and other Measures
If you have a Stuff Travel Account, You may request to close or cancel your Account at any time by following the instructions contained in the Stuff Travel Platform or by sending Us an email (Account Cancellation Request). Upon receipt of your Account Cancellation Request, We will seek to close your Stuff Travel Account within 7 days after the receipt of your Account Cancellation Request. You will remain responsible for payment of the Total Price and Applicable Taxes and other fees payable under these Terms in respect of any transactions made on your Account via the Stuff Travel Platform up until the date on which your Account is closed.
Stuff Travel may, at any time by 7 days prior notice to you, terminate your Stuff Travel Account and/or your access or use of the Stuff Travel Platform.
Stuff Travel may immediately, without notice, terminate your Stuff Travel Account and/or your access or use of the Stuff Travel Platform if (i) you have breached your obligations or any of your warranties or representations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Stuff Travel believes in good faith that such action is reasonably necessary to protect the personal safety or property of Stuff Travel, or third parties, (iv) Stuff Travel suspects any illegal use of your Stuff Travel Account (if any), whether caused or authorised by you, or (v) Stuff Travel suspects that you are not eligible or authorised to register a Stuff Travel Account.
If your Stuff Travel Account is closed or terminated, your Profile or User Content will be removed from the Stuff Travel Platform or deleted by Us and any Reservations existing at the time of closure or termination may be fulfilled, subject to the terms of the relevant Travel Product(s) and Travel Product Provider(s).
In addition, Stuff Travel may, in its absolute discretion, take any other legal measures or actions available to it.
In addition, the following will apply in respect of your use of the Stuff Travel Platform:
● The personal information that Stuff Travel may collect includes your travel experience, objectives, preferences, plans, photos and style, and any other information in connection with your travel plan and/or experience.
● To make a Reservation via the Stuff Travel Platform, you may be requested to provide details of a payment mechanism, such as bank and credit card details, authentication code and billing address. We will securely transmit this information to the relevant Travel Product Provider to complete the transaction.
● Stuff Travel collect Personal Information from you or about you in a number of ways, including:
o when making a Reservation via the Stuff Travel Platform;
o when you share your travel experience via the Stuff Travel Platform or otherwise provide reviews, opinions and feedback about your travel experience or destination;
o when you provide any other material to us via or in respect of the Stuff Travel Platform.
● Where you have provided Us with the personal information of another person (e.g. your travel companion or partners), you confirm that every person whose personal information has been provided to Us by you has been notified of this and has agreed to the collection, process, disclosure and use of their personal information as set out in these Terms. You also confirm that you will inform such persons that they may have rights of access to, and correction of, their personal information.
● We collect, hold, use and disclose personal information from you or about you (where applicable):
o to provide Our services to you, including assisting you in your travel plan and in making reservations or bookings in connection with your future trips;
o to assist and facilitate payments for any travel bookings or reservations made by you via the Stuff Travel Platform;
o to allow you to share your review, experience, feedback, opinions, photos and/or other content to all or some of the other users of the Stuff Travel Platform;
o to measure interest in a particular destination;
o where you have an Account with Us, to send you news, promotional or other information about flights, accommodation, experiences, and/or other products or services offered by Us and/or Our partners, unless you choose not to receive this information;
o for reporting, research and analysis purposes on an anonymised basis as required by law or to fulfil third party contracts; and
o to help Us customise the content, experience, and advertisements provided to you on the Stuff Travel Platform.
● We may also share certain information about you or your travel plan or experience with the following entities:
o suppliers, including but not limited to hotel, airline, cruise, car rental, or activity providers, or vacation rental managers or owners in order to facilitate your travel reservations and/or bookings or to assist you in planning your future tours or trips;
o other users of the Stuff Travel Platform if you choose to create a profile on the Stuff Travel Platform or share your travel experience, feedback or reviews with other users or the public via the Stuff Travel Platform; however, we do not share your email address with any other Users nor display it in any public manner.
● We will not share your personal information with any third party for marketing purposes without your express consent.
● We use various web and / or email analytics tools (e.g. Google Analytics) to collect information through the Stuff Travel Platform. The information we collect through the use of such analytics tools is anonymous and is not personal to you. Further information about Google Analytics and the way in which it collects and uses data can be found at www.google.com/policies/privacy/partners.
You access and use the Stuff Travel Platform voluntarily and at your sole risk. The Stuff Travel Platform and the Content is provided “as it”, without warranty of any kind, either express or implied.
9.2 Site Functionality
To the extent permitted by law, We do not warrant that the Stuff Travel Platform and the functions contained on the Stuff Travel Platform such as hyperlinks, will operate uninterrupted or error free, that defects will be corrected or that the Stuff Travel Platform or the server that makes it available are free from viruses or bugs.
9.3 User Content
To the extent permitted by law, We do not warrant that any User Content you submit on the Stuff Travel Platform will be protected against loss, misuse or alteration by third parties.
10 Limitation of liability
10.1 No liability
To the extent permitted by law, Stuff, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, or licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Travel Products procured using the Stuff Travel Platform, or for any other claim related in any way to your use of the Travel Products or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Travel Products or any Content (or product) posted, transmitted, or otherwise made available via the Stuff Travel Platform, even if advised of their possibility.
Without limiting clause 2.3, to the extent permitted by law, Our total liability under or in connection with these Terms and the Stuff Travel Platform shall in no circumstances exceed the Total Price you paid for the affected Travel Product(s).
Nothing in these Terms excludes or limits Our liability for fraud, breach of obligations implied by law or any other liability which cannot be excluded or limited by applicable law.
10.2 Implied Terms and Guarantees
Subject to any statutory guarantees, conditions, warranties or rights that cannot be excluded or limited under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other consumer protection laws:
● We give no guarantee, condition, warranty or undertaking, and We make no representation to you about the condition, suitability, safety or fitness for purpose of the Stuff Travel Platform; and
● All implied conditions, implied warranties, and implied rights are excluded from these Terms.
You agree to indemnify, defend and hold harmless Stuff and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Travel Product Providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
If any provision or provisions of this Agreement is or are deemed to be invalid by a court of competent jurisdiction, the invalidity of that provision or those provisions will not affect the validity of the remaining provisions in this Agreement, which will remain in full force.
13 General Provisions
Except as it may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between Stuff Travel and you pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Stuff Travel and you in relation to the access to and use of the Stuff Travel Platform.
Where anything depends on the consent or approval of Stuff Travel then, unless this Agreement provides otherwise, that consent or approval may be given conditionally or unconditionally or withheld, in the absolute discretion of Stuff Travel.
No joint venture, partnership, employment, or agency relationship exists between you and Stuff Travel as a result of these Terms or your use of the Stuff Travel Platform.
If any provision in these Terms is held to be invalid or unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.
Stuff Travel's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing. Except as expressly set out in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. Except as may be expressly provided for elsewhere in these Terms, you will be responsible for all costs and expenses incurred in your access to and use of the Stuff Travel Platform.
14 Governing law
These Terms are governed by and shall be interpreted in accordance with the laws in force in New Zealand. By accessing and using the Stuff Travel Platform, you agree and shall be taken to consent and submit to the exclusive jurisdiction of the courts of New Zealand
“Account” or “Stuff Travel Account” means an account which Stuff Travel requires you to open and register, in order to access and use certain features of the Stuff Travel Platform.
“advertise” includes advertise, promote, market, publish, display, describe and offer for Purchase and “advertised” or “advertisement” have the corresponding meaning.
“Applicable Taxes” means applicable GST or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes.
“Content” means text, graphics, images, pictures, photos, animations, music, software, audio, video, information or other materials.
“Listing” means the Travel Products that are listed by a Travel Product Provider as available via the Stuff Travel Platform.
“Payment Method” means a financial instrument and currency that you have selected for payment of the Total Price for the Travel Products which you have made a Reservation via the Stuff Travel Platform, including a credit card, debit card, or PayPal account.
“Permitted Purposes” has the meaning given to that term in clause 2.1.
“Provider Terms and Conditions” means in relation to a Travel Product, terms and conditions for the sale, supply or provision of the Travel Product by its Travel Provider and includes all applicable policies and fine print (whether they are advertised or published on the Stuff Travel Platform), house rules, disclaimers and limitations of liability for the Reservation, use, delivery (including shipping and carriage), payment, refund, cancellation, and special restrictions and conditions, for example non-cancelable and non-refundable, validity and expiration period, access and consummation of the relevant Travel Product.
“Purchase” includes, purchase, rent, hire, acquire and buy.
“Reservation” means a booking, order, Purchase, payment or reservation of a Travel Product made on or via the Stuff Travel Platform.
“Stuff Travel Content” means all Content that Stuff Travel makes available through the Stuff Travel Platform, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding User Content.
“Stuff Travel Destination” means the locations which Users and other people may explore or gather travel related information through the Stuff Travel Platform, as may be listed on the Stuff Travel Platform from time to time.
“Stuff Travel Platform” means the travel platform and services located at https://travel-booking.stuff.co.nz/.
“Total Price” means, in relation to a Travel Product, all fees and Applicable Taxes (if any) payable for any Reservation requested in connection with the Travel Product, which is to be fixed by the Travel Product Provider and will be presented to you immediately prior to your Reservation request being made on the Travel Platform.
“Travel Product Provider” means the provider of the relevant Travel Products.
“Travel Products” means the travel related products and/or services advertised at the Stuff Travel Platform and includes, without limitation, accommodation (including, hotel, hostel, motel, bed and breakfast, serviced apartment) flights, restaurants, car and motor vehicle rentals, tours (including cruises, coach tours and sightseeing tours), attractions (e.g. theme parks and museums), transportation (including, rail passes, airport rides, transfers, ferries, buses), and a “Travel Product” means any one of them.
“User Content” means all Content that a User posts, uploads, publishes, submits, transmits, distributes, displays or sends on or through the Stuff Travel platform, and including any reviews and ratings placed by that User.
“User” means any person who uses, accesses or views the Stuff Travel Platform, whether he or she has an Account, but does not include Travel Product Providers.
“you” and “your” are a reference to the User that accesses and/or uses the Stuff Travel Platform.
Last updated: 27 October 2020