CONDITIONS OF PRIVATE HIRE
1. DEFINITIONS
1.1 “V8 Trike Tours” shall mean any person acting on behalf of and with the authority of V8 Trike Tours.
1.2 “Client” shall mean the Client/s or any person acting on behalf of and with the authority of the Client.
1.3 “Trike” shall mean any trike supplied on hire by V8 Trike Tours to the Client.
1.4 “Guarantor” means that person (or persons), or entity, which agrees to be liable for the debts of the Client on a principal debtor basis.
1.5 “Price” shall mean the cost of the hire of the trike as agreed between V8 Trike Tours and the Client subject to clause 3 of this contract.
2. ACCEPTANCE
2.1 Any instructions received by V8 Trike Tours from the Client for the supply of a trike on hire and/or the Client’s acceptance of the trike supplied on hire by V8 Trike Tours shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of V8 Trike Tours.
2.4 The Client shall give V8 Trike Tours not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by V8 Trike Tours as a result of the Client’s failure to comply with this clause.
2.5 Delivery of the Trike to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
2.6 Trike Hire shall include the Trike and the services of the trike driver.
2.7 The Client acknowledges and agrees that driving hours shall at all times comply with the relevant legislation applicable at the time of the supply of the Trike.
2.8 V8 Trike Tours shall not at any time accept any responsibility for loss or damage to property left in the Trikeand passengers leaving property on the Trike shall do so at their own risk.
2.9 Smoking and the consumption of alcohol are not permitted on the Trike at any time.
2.10 Animals or Dangerous Goods are not permitted on the Trike at any time without the written consent of V8 Trike Tours.
2.11 Whilst V8 Trike Tours or V8 Trike Tours driver shall make every reasonable effort to meet the Client’s requirements the Client acknowledges that it is V8 Trike Tours or V8 Trike Tours’ driver’s responsibility to ensure the safety of passengers, their property and the Trike and as such V8 Trike Tours or V8 Trike Tours’ driver shall be under no obligation to follow any instructions of the Client. 2.12 V8 Trike Tours or V8 Trike Tours’ driver shall have the right to terminate the hire at any time where V8 Trike Tours or V8 Trike Tours’ driver believes it necessary to do so to ensure the safety of passengers, their property, or the Trike, without any liability to the Client whatsoever.
2.13 The Client shall at all times be liable for any damage caused to the Trike or any other property by passengers or any property brought on board the Trike.
2.14 The Trike is fitted with seatbelts and it is the responsibility of all passengers to ensure that they are secured at all times. Failure to do so will result in the ride being terminated immediately with no refund or credit given.
3. PRICE & PAYMENT
3.1 At V8 Trike Tours sole discretion the Price shall be either;
(a) as indicated on invoices provided by V8 Trike Tours to theClient in respect of the trike supplied; or
(b) V8 Trike Tours’ current Price, at the date of supply of the Trike, according to V8 Trike Tours’ current Price list; or
(c) V8 Trike Tours’ quoted Price (subject to clause 3.2) which shall be binding upon V8 Trike Tours provided that the Client shall accept V8 Trike Tours quotation in writing within thirty (30) days.
3.2 V8 Trike Tours reserves the right to change the Price in the event of a variation to V8 Trike Tours quotation (including, but not limited to, variations as a result of increases to V8 Trike Tours in the cost of fuel or if additional kilometres or time are incurred by V8 Trike Tours during the hire due to circumstances beyond the reasonable control of V8 Trike Tours).
3.3 Quotations are based on the shortest suitable route unless otherwise stated in writing.
3.4 At V8 Trike Tours’ sole discretion a deposit may be required.
3.5 At V8 Trike Tours’ sole discretion payment for certain approved Client’s shall be due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices.
3.6 Time for payment for the Trike hire shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due in full prior to departure on the initial day of hire.
3.7 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (excluding Amex or Diners cards), or by direct credit, or by any other method as agreed to between the Client and V8 Trike Tours.
3.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. HIRE PERIOD
4.1 Should either V8 Trike Tours or the Client terminate the hire before the stated time and/or date, the Price of the hire shall only be amended at the sole discretion of V8 Trike Tours.
4.3 V8 Trike Tours does not guarantee to complete any journey in a given time and will not accept any liability for loss or inconvenience which may arise from any delay incurred from any cause whatsoever.
5. V8 TRIKE TOURS’ OBLIGATIONS
5.1 V8 Trike Tours shall supply the Trike in a safe and roadworthy condition.
5.2 V8 Trike Tours shall be responsible for all ordinary and extraordinary costs of running the Trike during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the Client.
6. BREAKDOWNS
6.1 Should the Trike breakdown or should any fault or defect in the Trike become known to the Client, and reported to V8 Trike Tours during the Hire, then V8 Trike Tours will at its sole discretion repair or find suitable alternative transport, or refund the balance of the hire.
7. CONTRACTUAL REMEDIES ACT 1979
7.1 The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.
8. CONSUMER GUARANTEES ACT 1993
8.1 This agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Client is contracting within the terms of a trade/business (which cases are specifically excluded).
9. DEFAULT & CONSEQUENCES OF DEFAULT
9.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at V8 Trike Tours’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
9.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by V8 Trike Tours.
9.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify V8 Trike Tours from and against all costs and disbursements incurred by V8 Trike Tours in pursuing the debt including legal costs on a solicitor and own client basis and V8 Trike Tours’ collection agency costs.
9.4 Without prejudice to any other remedies V8 Trike Tours may have, if at any time the Client is in breach of any obligation (including those relating to payment) V8 Trike Tours may suspend or terminate the supply of the Trike to the Client and any of its other obligations under the terms and conditions. V8 Trike Tours will not be liable to the Client for any loss or damage the Client suffers because V8 Trike Tours has exercised its rights under this clause.
9.5 If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
9.6 Without prejudice to V8 Trike Tours’ other remedies at law V8 Trike Tours shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to V8 Trike Tours shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to V8 Trike Tours becomes overdue, or in V8 Trike Tours’ opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
10. SECURITIES & CHARGE
10.1 Despite anything to the contrary contained herein or any other rights which V8 Trike Tours may have howsoever:
(a) where the Client and/or the Guarantor (if any) is V8 Trike Tours of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to V8 Trike Tours or V8 Trike Tours’ nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client and/or the Guarantor acknowledge and agree that V8 Trike Tours (or V8 Trike Tours’ nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) Should V8 Trike Tours elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify V8 Trike Tours from and against all V8 Trike Tours’ costs and disbursements including legal costs on a solicitor and own client basis.
(c) The Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint V8 Trike Tours or V8 Trike Tours’ nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1.
11. CANCELLATION
11.1 V8 Trike Tours may cancel these terms and conditions or cancel delivery of a Trike at any time before the Trike is delivered by giving written notice. On giving such notice V8 Trike Tours shall repay to the Client any sums paid in respect of the Price. V8 Trike Tours shall not be liable for any loss or damage whatever arising from such cancellation.
11.2 The Client agrees to give no less than twenty-four (24) hours notice that the Client wishes to cancel hire of a Trike. In the event that less than twenty-four (24) hours notice of cancellation is given V8 Trike Tours may at its sole discretion charge a reasonable cancellation fee.
11.3 Primarily this is a weather dependent activity and as such V8 Trike Tours reserve the right to cancel if the weather is deemed to be unsuitable for the safe and enjoyable operation of the hire. With the exception of a deposit no monies will be charged more than 48 hours in advance of the hire. Full payment will be due unless otherwise specified on the day of the hire.
12. PRIVICY ACT 1993
12.1 The Client and the Guarantor/s (if separate to the Client) authorise V8 Trike Tours to:
(a) collect, retain and use any information about the Client and/or the Guarantor/s, for the purpose of assessing the Client’s and/or the Guarantor/s creditworthiness or marketing products and services to the Client and/or the Guarantor/s; and
(b) to disclose information about the Client and/or the Guarantor/s, whether collected by V8 Trike Tours from the Client and/or the Guarantor/s directly or obtained by V8 Trike Tours and/or the Guarantor/s from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client and/or the Guarantor/s.
12.2 Where the Client and/or the Guarantor/s are an individual the authorities under (clause 13.1) are authorities or consents for the purposes of the Privacy Act 1993.
12.3 The Client and/or the Guarantor/s shall have the right to request V8 Trike Tours for a copy of the information about the Client and/or the Guarantor/s retained by V8 Trike Tours and the right to request V8 Trike Tours to correct any incorrect information about the Client and/or the Guarantor/s held by V8 Trike Tours.
12.4 V8 Trike Tours are free to use images of the Trike and Clients for advertising and marketing purposes unless requested otherwise by the Client.
13. GENERAL
13.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
13.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Tauranga.
13.3 V8 Trike Tours shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by V8 Trike Tours of these terms and conditions.
13.4 In the event of any breach of this contract by V8 Trike Tours the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of V8 Trike Tours exceed the Price of the Trike hire.
13.5 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by V8 Trike Tours.
13.6 V8 Trike Tours may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
13.7 V8 Trike Tours reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which V8 Trike Tours notifies the Client of such change.
13.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
13.9 The failure by V8 Trike Tours to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect V8 Trike Tours’ right to subsequently enforce that provision.
13.10 Where personal belongings and luggage are carried as part of the Trike hire, V8 Trike Tours will insure such goods for loss or damage resulting from V8 Trike Tours’ or their employee’s negligence, to a maximum limit of fifteen hundred dollars ($100.00) per item.
WAIVER & RELEASE
The Client understands the requirements and conditions and is aware that the trike tour may involve the risk or personal injury, damage or loss of property. The Client voluntarily accepts all risk of personal injury and property damage arising from participation of the trike ride.
1. DEFINITIONS
1.1 “V8 Trike Tours” shall mean any person acting on behalf of and with the authority of V8 Trike Tours.
1.2 “Client” shall mean the Client/s or any person acting on behalf of and with the authority of the Client.
1.3 “Trike” shall mean any trike supplied on hire by V8 Trike Tours to the Client.
1.4 “Guarantor” means that person (or persons), or entity, which agrees to be liable for the debts of the Client on a principal debtor basis.
1.5 “Price” shall mean the cost of the hire of the trike as agreed between V8 Trike Tours and the Client subject to clause 3 of this contract.
2. ACCEPTANCE
2.1 Any instructions received by V8 Trike Tours from the Client for the supply of a trike on hire and/or the Client’s acceptance of the trike supplied on hire by V8 Trike Tours shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of V8 Trike Tours.
2.4 The Client shall give V8 Trike Tours not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by V8 Trike Tours as a result of the Client’s failure to comply with this clause.
2.5 Delivery of the Trike to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
2.6 Trike Hire shall include the Trike and the services of the trike driver.
2.7 The Client acknowledges and agrees that driving hours shall at all times comply with the relevant legislation applicable at the time of the supply of the Trike.
2.8 V8 Trike Tours shall not at any time accept any responsibility for loss or damage to property left in the Trikeand passengers leaving property on the Trike shall do so at their own risk.
2.9 Smoking and the consumption of alcohol are not permitted on the Trike at any time.
2.10 Animals or Dangerous Goods are not permitted on the Trike at any time without the written consent of V8 Trike Tours.
2.11 Whilst V8 Trike Tours or V8 Trike Tours driver shall make every reasonable effort to meet the Client’s requirements the Client acknowledges that it is V8 Trike Tours or V8 Trike Tours’ driver’s responsibility to ensure the safety of passengers, their property and the Trike and as such V8 Trike Tours or V8 Trike Tours’ driver shall be under no obligation to follow any instructions of the Client. 2.12 V8 Trike Tours or V8 Trike Tours’ driver shall have the right to terminate the hire at any time where V8 Trike Tours or V8 Trike Tours’ driver believes it necessary to do so to ensure the safety of passengers, their property, or the Trike, without any liability to the Client whatsoever.
2.13 The Client shall at all times be liable for any damage caused to the Trike or any other property by passengers or any property brought on board the Trike.
2.14 The Trike is fitted with seatbelts and it is the responsibility of all passengers to ensure that they are secured at all times. Failure to do so will result in the ride being terminated immediately with no refund or credit given.
3. PRICE & PAYMENT
3.1 At V8 Trike Tours sole discretion the Price shall be either;
(a) as indicated on invoices provided by V8 Trike Tours to theClient in respect of the trike supplied; or
(b) V8 Trike Tours’ current Price, at the date of supply of the Trike, according to V8 Trike Tours’ current Price list; or
(c) V8 Trike Tours’ quoted Price (subject to clause 3.2) which shall be binding upon V8 Trike Tours provided that the Client shall accept V8 Trike Tours quotation in writing within thirty (30) days.
3.2 V8 Trike Tours reserves the right to change the Price in the event of a variation to V8 Trike Tours quotation (including, but not limited to, variations as a result of increases to V8 Trike Tours in the cost of fuel or if additional kilometres or time are incurred by V8 Trike Tours during the hire due to circumstances beyond the reasonable control of V8 Trike Tours).
3.3 Quotations are based on the shortest suitable route unless otherwise stated in writing.
3.4 At V8 Trike Tours’ sole discretion a deposit may be required.
3.5 At V8 Trike Tours’ sole discretion payment for certain approved Client’s shall be due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices.
3.6 Time for payment for the Trike hire shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due in full prior to departure on the initial day of hire.
3.7 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (excluding Amex or Diners cards), or by direct credit, or by any other method as agreed to between the Client and V8 Trike Tours.
3.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. HIRE PERIOD
4.1 Should either V8 Trike Tours or the Client terminate the hire before the stated time and/or date, the Price of the hire shall only be amended at the sole discretion of V8 Trike Tours.
4.3 V8 Trike Tours does not guarantee to complete any journey in a given time and will not accept any liability for loss or inconvenience which may arise from any delay incurred from any cause whatsoever.
5. V8 TRIKE TOURS’ OBLIGATIONS
5.1 V8 Trike Tours shall supply the Trike in a safe and roadworthy condition.
5.2 V8 Trike Tours shall be responsible for all ordinary and extraordinary costs of running the Trike during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the Client.
6. BREAKDOWNS
6.1 Should the Trike breakdown or should any fault or defect in the Trike become known to the Client, and reported to V8 Trike Tours during the Hire, then V8 Trike Tours will at its sole discretion repair or find suitable alternative transport, or refund the balance of the hire.
7. CONTRACTUAL REMEDIES ACT 1979
7.1 The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.
8. CONSUMER GUARANTEES ACT 1993
8.1 This agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Client is contracting within the terms of a trade/business (which cases are specifically excluded).
9. DEFAULT & CONSEQUENCES OF DEFAULT
9.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at V8 Trike Tours’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
9.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by V8 Trike Tours.
9.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify V8 Trike Tours from and against all costs and disbursements incurred by V8 Trike Tours in pursuing the debt including legal costs on a solicitor and own client basis and V8 Trike Tours’ collection agency costs.
9.4 Without prejudice to any other remedies V8 Trike Tours may have, if at any time the Client is in breach of any obligation (including those relating to payment) V8 Trike Tours may suspend or terminate the supply of the Trike to the Client and any of its other obligations under the terms and conditions. V8 Trike Tours will not be liable to the Client for any loss or damage the Client suffers because V8 Trike Tours has exercised its rights under this clause.
9.5 If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
9.6 Without prejudice to V8 Trike Tours’ other remedies at law V8 Trike Tours shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to V8 Trike Tours shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to V8 Trike Tours becomes overdue, or in V8 Trike Tours’ opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
10. SECURITIES & CHARGE
10.1 Despite anything to the contrary contained herein or any other rights which V8 Trike Tours may have howsoever:
(a) where the Client and/or the Guarantor (if any) is V8 Trike Tours of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to V8 Trike Tours or V8 Trike Tours’ nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client and/or the Guarantor acknowledge and agree that V8 Trike Tours (or V8 Trike Tours’ nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) Should V8 Trike Tours elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify V8 Trike Tours from and against all V8 Trike Tours’ costs and disbursements including legal costs on a solicitor and own client basis.
(c) The Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint V8 Trike Tours or V8 Trike Tours’ nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1.
11. CANCELLATION
11.1 V8 Trike Tours may cancel these terms and conditions or cancel delivery of a Trike at any time before the Trike is delivered by giving written notice. On giving such notice V8 Trike Tours shall repay to the Client any sums paid in respect of the Price. V8 Trike Tours shall not be liable for any loss or damage whatever arising from such cancellation.
11.2 The Client agrees to give no less than twenty-four (24) hours notice that the Client wishes to cancel hire of a Trike. In the event that less than twenty-four (24) hours notice of cancellation is given V8 Trike Tours may at its sole discretion charge a reasonable cancellation fee.
11.3 Primarily this is a weather dependent activity and as such V8 Trike Tours reserve the right to cancel if the weather is deemed to be unsuitable for the safe and enjoyable operation of the hire. With the exception of a deposit no monies will be charged more than 48 hours in advance of the hire. Full payment will be due unless otherwise specified on the day of the hire.
12. PRIVICY ACT 1993
12.1 The Client and the Guarantor/s (if separate to the Client) authorise V8 Trike Tours to:
(a) collect, retain and use any information about the Client and/or the Guarantor/s, for the purpose of assessing the Client’s and/or the Guarantor/s creditworthiness or marketing products and services to the Client and/or the Guarantor/s; and
(b) to disclose information about the Client and/or the Guarantor/s, whether collected by V8 Trike Tours from the Client and/or the Guarantor/s directly or obtained by V8 Trike Tours and/or the Guarantor/s from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client and/or the Guarantor/s.
12.2 Where the Client and/or the Guarantor/s are an individual the authorities under (clause 13.1) are authorities or consents for the purposes of the Privacy Act 1993.
12.3 The Client and/or the Guarantor/s shall have the right to request V8 Trike Tours for a copy of the information about the Client and/or the Guarantor/s retained by V8 Trike Tours and the right to request V8 Trike Tours to correct any incorrect information about the Client and/or the Guarantor/s held by V8 Trike Tours.
12.4 V8 Trike Tours are free to use images of the Trike and Clients for advertising and marketing purposes unless requested otherwise by the Client.
13. GENERAL
13.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
13.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Tauranga.
13.3 V8 Trike Tours shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by V8 Trike Tours of these terms and conditions.
13.4 In the event of any breach of this contract by V8 Trike Tours the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of V8 Trike Tours exceed the Price of the Trike hire.
13.5 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by V8 Trike Tours.
13.6 V8 Trike Tours may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
13.7 V8 Trike Tours reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which V8 Trike Tours notifies the Client of such change.
13.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
13.9 The failure by V8 Trike Tours to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect V8 Trike Tours’ right to subsequently enforce that provision.
13.10 Where personal belongings and luggage are carried as part of the Trike hire, V8 Trike Tours will insure such goods for loss or damage resulting from V8 Trike Tours’ or their employee’s negligence, to a maximum limit of fifteen hundred dollars ($100.00) per item.
WAIVER & RELEASE
The Client understands the requirements and conditions and is aware that the trike tour may involve the risk or personal injury, damage or loss of property. The Client voluntarily accepts all risk of personal injury and property damage arising from participation of the trike ride.
