SwimVanuatu Booking Terms and Conditions
These Booking Terms and Conditions apply to all SwimVanuatu swimming holidays, tours, swims, activities and associated travel arrangements supplied or facilitated by The Event Crew Limited (referred to as “SwimVanuatu”, “we”, “us” or “our”).
By paying a deposit or making a booking, you confirm that you have read, understood and agreed to these terms. If you book for another person, you confirm that you have their authority to accept these terms on their behalf and that you will provide them with a copy.
## 1. Your booking
1. A booking is not confirmed until we have received the required deposit and issued written confirmation.
2. The person making the booking must be at least 18 years old and is responsible for providing accurate details for every person included in the booking.
3. The lead booker is responsible for ensuring all payments are made when due and that every traveller is aware of these terms, the itinerary, fitness requirements and travel requirements.
4. The services included in your package are those stated in your booking confirmation. Anything not expressly stated as included is excluded.
5. All pricing is displayed in your local currency. Your bank or payment provider may apply its own international transaction fees or other charges, which are your responsibility.
## 2. Deposits and payments
1. The deposit stated at the time of booking is required to secure your place and allow us to commit funds to airlines, accommodation providers and other suppliers.
2. Unless required otherwise by law, the deposit is non-refundable once we have committed it to suppliers or incurred costs relating to your booking.
3. The balance must be paid by the date shown on your invoice or booking confirmation. If payment is not received by the due date, we may treat the booking as cancelled by you and apply the cancellation terms below.
4. Credit-card, currency-conversion, bank and booking fees are non-refundable to the extent they are not refunded to us.
5. We may correct an obvious pricing error before final payment. If the corrected price materially increases the booking cost, you may cancel and receive a refund of amounts not already irrecoverably committed to suppliers.
## 3. Cancellation by you
1. All cancellations must be submitted to us in writing.
2. Your cancellation takes effect on the date we receive it.
3. The cancellation fees and dates displayed for your particular tour at the time of booking form part of these terms.
4. Unless your tour states otherwise, the following cancellation conditions apply:
- The booking deposit is non-refundable once committed or paid to suppliers.
- After the final-payment date, the booking price is non-refundable except to the extent we can recover money from the relevant suppliers.
- Before the final-payment date, we will refund amounts paid less the deposit, supplier cancellation charges, transaction fees and reasonable costs already incurred for your booking.
5. No refund is payable for unused accommodation, flights, meals, activities, swims, transfers or other services if you arrive late, leave early, choose not to participate or are unable to travel.
6. If permitted by our suppliers, we may allow you to transfer your place to another suitable person. Any fare difference, name-change fee, supplier fee or reasonable administration cost must be paid by you before the transfer is confirmed.
7. We strongly recommend that you claim cancellation losses through your travel insurer.
## 4. Flights and airline disruption
1. Flights may be operated by independent airlines and are subject to each airline’s conditions of carriage, fare rules and operational decisions.
2. Airlines may cancel, delay, reschedule, reroute or change flights, aircraft, departure points or arrival points. These decisions are outside our control.
3. If an airline cancels, delays or changes a flight, we will use reasonable efforts to assist you, but we do not guarantee that replacement flights or arrangements will be available.
4. Except to the extent liability cannot lawfully be excluded, The Event Crew Limited is not responsible for losses or additional costs caused by an airline cancellation, delay or change, including:
- replacement flights or fare increases;
- additional accommodation, meals or transfers;
- missed connections or activities;
- lost holiday time, lost income or other consequential loss; or
- the cost of accommodation or services you cannot use because you arrive late or cannot reach the destination.
5. If flight disruption prevents you from using prepaid accommodation, activities or other services, we are not required to refund those services where the money has been committed to suppliers and cannot reasonably be recovered.
6. Claims for refunds, reimbursement or compensation that are the responsibility of the airline must be made to the airline or your travel insurer. We will provide reasonable booking information to support a claim.
7. If we receive a cash refund from an airline for a cancelled service, we will pass the recoverable amount on to the affected traveller after deducting non-recoverable costs and reasonable administration or transaction fees. If the airline provides only a credit, the traveller’s remedy may also be limited to that credit and its conditions.
8. Travellers arranging their own flights are solely responsible for arriving in time for the tour. We recommend allowing a reasonable buffer before the first included activity and after the final activity.
## 5. Accommodation and other travel suppliers
1. Accommodation, transport, boat trips, meals, tours and other components may be provided by independent suppliers.
2. Supplier descriptions and photographs are indicative. Facilities, room types, restaurants, pools, beaches and other amenities may change or become unavailable.
3. An accommodation provider may cancel a booking, close, overbook, change facilities or be unable to provide the booked room for reasons outside our control.
4. If this occurs, we may arrange reasonably comparable alternative accommodation where practicable. Exact location, facilities, room configuration and standard cannot be guaranteed.
5. Except to the extent liability cannot lawfully be excluded, we are not responsible for a supplier’s independent act, omission, delay, cancellation, closure, overbooking or failure to provide a service.
6. If alternative accommodation or arrangements cost more, the additional cost may be passed on to the traveller unless it is recoverable from the original supplier or covered by insurance.
7. If a supplier refunds us for a cancelled or unavailable service, we will pass on the recoverable amount after deducting non-recoverable costs and reasonable administration or transaction fees.
## 6. Changes made by us
1. Travel and open-water activities require flexibility. We may change the itinerary, swim venue, route, distance, start time, transport, accommodation, meals, activities or order of the programme when reasonably necessary.
2. Changes may be made for safety, weather, water quality, tides, currents, marine traffic, government directions, supplier availability, operational requirements or the interests of the group.
3. We will use reasonable efforts to provide a suitable alternative, but we do not guarantee that every advertised swim, activity, destination or inclusion will take place exactly as described.
4. A reasonable itinerary change does not automatically entitle a traveller to cancel or receive a refund.
## 7. Cancellation or major change by us
1. We may cancel a tour if minimum numbers are not reached, if essential services become unavailable or if we reasonably determine that the tour cannot proceed safely or lawfully.
2. If we cancel for reasons within our reasonable control, we will offer an appropriate refund, credit or transfer, subject to applicable law and the circumstances of the cancellation.
3. If we cancel or materially change the tour because of circumstances outside our reasonable control, refunds or credits will be limited to amounts we can reasonably recover from suppliers after deducting non-recoverable costs already incurred or committed.
4. We are not responsible for consequential losses arising from a cancellation or change, including separate travel arrangements, visas, insurance premiums, equipment purchases, lost income or additional accommodation, except where liability cannot lawfully be excluded.
## 8. Events outside our control
1. We are not responsible for a failure, cancellation, delay or change caused by events outside our reasonable control.
2. These events may include cyclone, storm, flood, earthquake, volcanic activity, tsunami, fire, epidemic, pandemic, public-health emergency, border closure, government restriction, war, terrorism, civil unrest, industrial action, national mourning, airport or port closure, airline or transport disruption, mechanical failure, fuel shortage, marine conditions, unsafe water quality, natural disaster, accommodation closure or supplier failure.
3. In these circumstances, we may cancel, postpone, relocate, shorten or change any part of the holiday or swimming programme.
4. We will use reasonable efforts to offer alternatives, credits or recoverable refunds, but we are not responsible for amounts suppliers do not refund or for additional expenses incurred by travellers.
## 9. Compulsory travel insurance
1. Comprehensive travel insurance is compulsory and must be purchased as soon as your deposit is paid.
2. Your policy should, where reasonably available, cover:
- international medical treatment and emergency evacuation;
- cancellation and interruption;
- airline delay, cancellation and missed connections;
- additional accommodation and transport;
- participation in organised open-water swimming and included activities;
- baggage and personal belongings;
- pre-existing medical conditions; and
- severe weather and natural disasters.
3. You must provide evidence of suitable insurance if requested.
4. You are responsible for understanding the policy terms, exclusions and excesses. Choosing inadequate insurance does not make us responsible for a loss that could have been insured.
## 10. Passports, visas and entry requirements
1. You are responsible for holding a valid passport, visas, permits, vaccination evidence and any other documents required for your journey.
2. Your passport should have at least six months’ validity after your planned return date unless the relevant authorities specify otherwise.
3. You are responsible for checking New Zealand, Vanuatu, transit-country and airline requirements before travel.
4. We are not responsible if you are refused boarding or entry, delayed or required to leave a country because you do not meet applicable requirements.
## 11. Health, fitness and medical disclosure
1. You must not participate in a swim unless you have trained and prepared appropriately and are sufficiently fit and healthy.
2. Swimmers must be competent in open water, capable of completing their selected distance and able to tread water in a fatigued state for at least two minutes.
3. You must disclose any medical condition, medication, allergy, disability, injury or other circumstance that may affect your participation or require assistance.
4. We may require medical clearance where we reasonably consider it necessary.
5. You consent to receiving medical treatment that our staff, contractors or medical personnel reasonably consider necessary. You are responsible for treatment, transport and evacuation costs not paid by an insurer.
6. We may prevent or stop your participation where we reasonably believe continuing would create an unacceptable risk to you or another person. This does not entitle you to a refund.
## 12. Open-water swimming risks and acknowledgement
1. You acknowledge that ocean and open-water swimming involves inherent risks of serious injury or death.
2. Risks include changing weather, waves, currents, tides, marine life, water quality, boats, submerged objects, rocks, reefs, sharp surfaces, overexertion, dehydration, hypothermia, heat illness, equipment failure, contact with other swimmers and delayed access to medical care.
3. Course distances are approximate and may vary because of course placement, tides, currents and safety requirements.
4. Safety precautions, supervision, briefings and water support reduce risk but do not guarantee your safety.
5. You must attend required briefings, use required safety equipment and follow all directions from the tour leader, lifeguards, boat crew, Harbour Master, Coastguard, medical personnel and local authorities.
6. We may change, shorten or cancel any swim without notice where conditions are unsuitable.
## 13. Release and limitation of liability
1. To the fullest extent permitted by law, you accept the risks necessarily arising from your voluntary participation in open-water swims and activities.
2. To the fullest extent permitted by law, you release and indemnify The Event Crew Limited and its directors, officers, employees, contractors, volunteers, medical personnel, sponsors, landowners and activity partners from claims arising from the inherent risks of your participation or your failure to comply with these terms or safety directions.
3. Nothing in these terms excludes liability that cannot lawfully be excluded, including liability arising from our failure to exercise reasonable care and skill where applicable law requires it.
4. We are not liable for indirect or consequential loss, loss of enjoyment, lost income or losses arising from separate arrangements made in reliance on the tour proceeding, except where the law does not permit that limitation.
5. Where our liability cannot be excluded but may lawfully be limited, it is limited to the remedies required by applicable law.
## 14. Conduct and removal from the tour
1. You must act responsibly, respect local communities and other travellers, and comply with laws and reasonable directions.
2. You must not behave in a way that is unsafe, threatening, abusive, discriminatory, excessively disruptive or likely to damage property or the reputation or enjoyment of the group.
3. We may remove a traveller from an activity or the remainder of the tour where their behaviour, intoxication, drug use, health, fitness or refusal to follow instructions presents a risk or serious disruption.
4. A traveller removed under this section is responsible for their own accommodation, transport and return travel and is not entitled to a refund for unused services.
## 15. Personal belongings
1. You are responsible for your baggage, valuables, travel documents and swimming equipment.
2. Any bag-storage or transport service is provided with reasonable care but does not guarantee against loss, theft or damage.
3. Claims relating to airline baggage must be made directly to the airline and insurer.
## 16. Images, communications and privacy
1. You consent to us using photographs or video of you taken during the tour for event reporting and promotional purposes, unless you notify us in writing before the tour.
2. We may share information reasonably required to administer your booking with airlines, accommodation providers, insurers, medical providers, photographers, activity operators and other suppliers.
3. We will handle personal information in accordance with our Privacy Policy and applicable privacy law.
4. You agree to receive operational emails, texts or messages relating to your booking. Marketing communications may be unsubscribed from at any time.
## 17. Complaints
1. If a problem occurs during the tour, you must tell the tour leader or relevant supplier promptly so there is a reasonable opportunity to address it.
2. If the matter is not resolved, send a written complaint to us within 14 days after the tour ends, including relevant details and supporting documents.
3. Nothing in this section limits rights that cannot lawfully be limited.
## 18. Consumer rights
Nothing in these terms is intended to exclude, restrict or modify any right or remedy that cannot be excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable law.
## 19. Severability and waiver
1. If any part of these terms is found to be unlawful or unenforceable, it will be read down or severed to the minimum extent necessary. The remaining terms continue to apply.
2. A failure or delay by us in enforcing a term does not waive that term or any other right.
## 20. Governing law
These terms are governed by New Zealand law. Subject to any mandatory rights a traveller may have elsewhere, the parties submit to the jurisdiction of the New Zealand courts and tribunals.
## 21. Changes to these terms
The version accepted when you book applies to your booking. We may update website terms for future bookings, but a material change will not be applied retrospectively to an existing booking without notice or a lawful basis.
## 22. Contact
The Event Crew Limited – Swim Vanuatu
Email: hello@swimvanuatu.com
Address: c/o The Swim Shop, 66 Mt Eden Road, Mt Eden, Auckland, New Zealand
NZBN: 9429048360999
