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Terms & Conditions

Lake Wanaka Cruises Website Terms Conditions and Notices

Last updated: Oct 10, 2017

Cruise Lake Wanaka Ltd trading as Lake Wanaka Cruises (hereinafter known as Lake Wanaka Cruises or The Company) is a lake cruise company in Wanaka NZ offering a number of cruising and other experiences (Products). This Website is provided to assist customers in gathering information on Lake Wanaka Cruises Products, and for no other purposes.

The terms “we”, “us”, “our” and “Lake Wanaka Cruises” refer to Cruise Lake Wanaka Ltd , a New Zealand registered company and/or our affiliates and subsidiaries. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

This Website and the Products made available on this Website are offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website or book a Product. In all booking arrangements, the person making the booking shall be deemed to have accepted this Agreement on behalf of the persons named in the booking.

We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the top of this page, and any revisions will take effect upon posting. Be sure to return to this page periodically to review the most current version of the Agreement.

Use of the Website

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a Lake Wanaka Cruises account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.

Your use of this Website is intended for personal, non-commercial use and/or to make legitimate requests to book the Products offered. You agree not to use this Website to make any speculative, false or fraudulent requests.

You further represent and warrant that you (a) have not previously been suspended by Lake Wanaka Cruises or otherwise banned from using the Website; (b) are not a direct competitor of Lake Wanaka Cruises; and (c) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Lake Wanaka Cruises does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.

Privacy Policy and Disclosures

Lake Wanaka Cruises believes in protecting your privacy. Please click *here* to review our current Privacy Policy, which also governs your use of this Website, to understand our practices.

In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect Lake Wanaka Cruises's systems, assets, employees, members and customers; (b) to ensure the integrity and operation of our business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. Lake Wanaka Cruises's right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, shall take precedence over any conflicting terms in Lake Wanaka Cruises's Privacy Policy.

Prohibited Activities

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, software, products, or services obtained from or through this Website. Any other use of Lake Wanaka Cruises.co.nz content requires the prior written permission of Lake Wanaka Cruises (if you're interested in becoming a Lake Wanaka Cruises affiliate, please use our contact form for more information).

Additionally, you agree that you will not and will not assist or enable others to:

- use this Website or its contents for any commercial or unlawful purpose;

- access, monitor or copy any content or information of this Website using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any content on the Website for any purpose without our express written permission;

- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;

- deep-link to any portion of this Website for any purpose without our express written permission;

- “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;

- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Lake Wanaka Cruises in connection with the Website;

- use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website;

- use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

- use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;

- use the Website to promote bigotry or discrimination against protected classes;

- use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

- use the Website to submit or transmit pornography or illegal content;

- use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;

- attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);

- use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;

- use the Website to violate the security of any computer network, crack passwords or security encryption codes;

-  disrupt or interfere with the security of, or otherwise cause harm to, the Website; or

- remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.

Electronic Communications

When you use the Lake Wanaka Cruises Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website. You may unsubscribe from e-mail communications at any time by emailing info@lakecruise.co.nz.

Products and Booking Reservations

By booking a reservation for a Product through the Website, you acknowledge that you accept the practices described in our Privacy Policy and this Agreement. In addition, you warrant that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement, use this Website, book the Product, and that all information you supply is true and accurate. You further agree that you will use the booking functionality of this Website to make only legitimate reservations for you or others for whom you are legally authorized to act. Any false or fraudulent reservation is prohibited.

Modifying or Amending Your Booking

All requests for modifications and amendments to your booking must be directed to Lake Wanaka Cruises via email or phone and we will process the request. See the section “Payment & Cancellations” below for additional information with respect to cancelling a booking.

- Lake Wanaka Cruises does not charge a fee to amend or change the dates of an existing booking, as long as the request is received by our team more than three (3) days ahead of your confirmed cruise time.

- All date-change requests and amendments are subject to availability; Lake Wanaka Cruises cannot guarantee the success of any date-change request.

- If you request a date change within three (3) days or less of your confirmed cruise time, Lake Wanaka Cruises will attempt to honour your request; however changes made three days or less from your original cruise time may be subject to an additional fee.

- If you make a purchase using a Lake Wanaka Cruises promotion code, or if you accept a discount or special-offer price during the Lake Wanaka Cruises checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. Lake Wanaka Cruises may decide, at its sole discretion, to honour your discount or special-offer pricing if you make a post-purchase change or amendment to your itinerary. However Lake Wanaka Cruises reserves the right to invalidate your discount or special-offer pricing if you make any changes to your confirmed itinerary.

Occasionally we will make changes to cruise dates and times, prices, inclusions, coverage, age requirements, and other Product features and/or requirements. As a result, Lake Wanaka Cruises reserves the right to cancel, change or substitute any service, cruise, ticket or product that you have booked at this Website, at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.

Pricing & Inclusions/Exclusions

Prices listed on the Website are per person, unless otherwise specified. Price quotations are subject to change without notice, until a booking has been confirmed.

Unless otherwise specified, prices do include local taxes or use-fees and park fees. Prices do not include tips/gratuities to our tour guides or skippers, personal insurance; any items of a personal nature and any beverages or food not specifically listed under “What’s Included” on the product pages of the Website.

Payments & Cancellations

When you book a reservation for a Product through the Website, Lake Wanaka Cruises collects your payment information and processes your payment as described below under “Payment Processing”. Lake Wanaka Cruises accepts the following credit cards: Mastercard, Visa. You can also pay by Alipay. There is no charge or service fee for processing credit or debit card payments. Full payment by credit or debit card is required to make a reservation. Payment will be listed as RTBS on the credit or debit card statement.

No refunds are available once a cruise or other product has commenced.

Cancelling a booking with Lake Wanaka Cruises can result in cancellation fees being applied by Lake Wanaka Cruises, as outlined below. When cancelling any booking you will be notified via email or telephone of the total cancellation fees.

- If you cancel at least 30 day(s) in advance of the scheduled departure, there is $10 cancellation fee plus any credit card fees and charges incurred by Lake Wanaka Cruises when you booking was made.

- If you cancel between 30 days and 24 hours in advance of the scheduled departure, there is a 50 percent cancellation fee.

- If you cancel within 24 hour of the scheduled departure, there is a 100 percent cancellation fee.

The value of the transaction may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on wanakacruises.co.nz and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees.

Lake Wanaka Cruises Gift Certificates

Lake Wanaka Cruises Gift Certificates may be obtained only at the wanakacruises.co.nz website. All Gift Certificate sales are final. Gift Certificates are not refundable. Lake Wanaka Cruises is not responsible for stolen or lost Gift Certificates.

Lake Wanaka Cruises Gift Certificates can only be redeemed on the Lake Wanaka Cruises products. Lake Wanaka Cruises Gift Certificates are redeemable against any Product offered on the Lake Wanaka Cruises website. Lake Wanaka Cruises Gift Certificates are not redeemable for cash. Lake Wanaka Cruises reserves the right to cancel Gift Certificates obtained fraudulently.

Lake Wanaka Cruises Gift Certificates are valid for one(1) years from the date of initial purchase, or as required by local law.

Lake Wanaka Cruises Gift Certificates remain valid until the entire value has been utilized or the expiry date has passed, subject to relevant local laws.

Our Liability

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS LAKE WANAKA CRUISES'S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.

THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. LAKE WANAKA CRUISES DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, LAKE WANAKA CRUISES EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.

LAKE WANAKA CRUISES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE LAKE WANAKA CRUISES GROUP COMPANIES. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LAKE WANAKA CRUISES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM LAKE WANAKA CRUISES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAKE WANAKA CRUISES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.

 LAKE WANAKA CRUISES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY OF ITS SUPPLIERS OR EMPLOYEES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR BOOKING OF A PRODUCT OR SERVICE OR YOUR USE OF A PRODUCT OR SERVICE. LAKE WANAKA CRUISES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL LAKE WANAKA CRUISES (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, PRODUCT OR SERVICE BOOKINGS MADE BY YOU THROUGH THIS WEBSITE OR YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF LAKE WANAKA CRUISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If Lake Wanaka Cruises are found liable for any loss or damage that arises out of or is in any way connected with your use of our Websites or your booking or use of Products or services made available through our Website, then Lake Wanaka Cruises liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Lake Wanaka Cruises for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (NZD $100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Lake Wanaka Cruises Group Companies.

Your Liability

You agree to defend and indemnify Lake Wanaka Cruises and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:

- your breach of this Agreement or the documents referenced herein;

- your violation of any law, rule, regulation or guideline;

- your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;

- your use of this Website;

- your booking or use of any Products obtained through this Website; or

- your negligence or wilful misconduct.

Links to Third Party Websites

This Website may contain hyperlinks to websites operated by parties other than Lake Wanaka Cruises. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Software Available on this Website

Unless otherwise specified, the Website is made available solely to provide information regarding and to promote Lake Wanaka Cruises's services, partners and other products available in New Zealand. The Website is controlled and operated by Lake Wanaka Cruises from its offices in Wnaka NZ. Lake Wanaka Cruises makes no representation that materials on the Website are appropriate or available for use outside of NZ. Those who choose to access the Website from outside of NZ do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

Any software that is made available to download from the Website (“Software”) is the copyrighted work of Lake Wanaka Cruises, or Lake Wanaka Cruises affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by Lake Wanaka Cruises and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Copyright and Trademark Notices

All contents of this Website are: ©2017 Cruise Lake Wanaka Ltd. All rights reserved. Lake Wanaka Cruises is not responsible for content on websites operated by parties other than Lake Wanaka Cruises. All other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Lake Wanaka Cruises and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lake Wanaka Cruises or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Lake Wanaka Cruises and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lake Wanaka Cruises. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Lake Wanaka Cruises.

If you are aware of an infringement of either your brand or our brand please contact us with the contact form. We only address messages concerning brand infringement at the email address contact@lakecruise.co.nz

Jurisdiction and Governing Law

This Website is operated by a New Zealand entity and this Agreement is governed by the laws of the New Zealand. You hereby consent to the exclusive jurisdiction and venue of courts in Christchurch, New Zealand and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Lake Wanaka Cruises arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in Christchurch, New Zealand. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

General Provisions

You agree that no joint venture, agency, partnership, or employment relationship exists between you and Lake Wanaka Cruises and/or affiliates as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Lake Wanaka Cruises with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Lake Wanaka Cruises with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.