Terms and conditions 

Bookit NZ Limited online booking system (BookIt) automates the booking of travel products and services (Products) offered by tourism operators to their customers (Travellers).

These Operator Terms of Service (Terms) govern the use of BookIt by you, an operator of tourism services seeking to use BookIt (Operator, you/your/etc). By clicking to accept, or by using BookIt, you agree to comply with these Terms.

BookIt enables you to offer, make and manage bookings for your Products through your website and/or any compatible Product management software (Operator System) and connect to third party resellers (Resellers) who can offer, make and manage bookings for your Products on behalf of operators through their own websites.

 

1. Term.

This Agreement comes into force on the date you accept it and continues until it is terminated in accordance with its terms.

 

2. Connection to BookIt.

a. Bookit NZ Limited authorises you to connect your system and/or website to BookIt.

b. Bookit NZ Limited will make all reasonable commercial efforts to help you connect to BookIt, however you are solely responsible for establishing and maintaining the connection, and for any costs associated with establishing and maintaining the connection.

c.The connection to BookIt will allow you to:

i. access, display and make bookings for Products;

ii. maintain your Operator details;

iii. add, amend and remove Products; and

iv. track bookings of Products made through the Operator System using BookIt.

d. Connecting to BookIt will also cause your Products to be automatically listed on Bookit NZ Limited’ Travelbug website at www.travelbug.co.nz (Travelbug), as well as all other resellers using our network.

e. If you connect your website or system to BookIt using the BookIt API, the current BookIt API Terms of Service will apply and form part of these Terms. Bookit NZ Limited may amend the API Terms of Service at any time by publishing the amended terms on the BookIt website. The most recent API Terms of Service will always apply.

f. If requested by you, Bookit NZ Limited will where possible (but at Bookit NZ Limited’ sole discretion) assist you to customise the look, feel and design of your BookIt implementation. You will incur the Optional Customisation Fee for this service if Bookit NZ Limited provides it.

g. If you request it, Bookit NZ Limited will provide basic training and support for BookIt. If you request further training or support, Bookit NZ Limited may charge you for those services but will advise you of any charge before proceeding.

h. You will have access to your own BookIt administration site (Operator Webcentre) to enable you to publish and update your business details, Products, allocations and rates, and to check bookings Traveller feedback reports and payments. To facilitate access, you will be given an individual login and password. You are responsible for maintaining the security of your login and password and only allowing authorised people to access the Operator Webcentre on your behalf. Bookit NZ Limited shall be entitled to rely on the accuracy of information input into the Operator Webcentre.

 

3. Operator Products.

a. You must provide accurate and complete details, including (without limitation) the applicable rate and validity period, for each Product that you wish to list on BookIt (Product Information).

b. Bookit NZ Limited will advise you what Product Information is required, in addition to the rate and validity period, for each Product.

c. Bookit NZ Limited may, from time to time, change its Product Information requirements. Bookit NZ Limited will give you reasonable notice of such changes, and you will update your Product Information as required.

d. If Product Information modification is required, Bookit NZ Limited will contact the operator in regards to the amendment, but this will not relieve you of any of any obligation you have under this Agreement.

e. You warrant that:

i. the Product Information you provide will be accurate and current;

ii. you will maintain the accuracy of your Product Information and as quickly as possible update it following any changes;

iii. your Product Information does not include any references to your contact details (including, but not limited to, your phone numbers, website or email addresses) or in any other way enable or encourage Travellers to book Products without using BookIt;

iv. the Product Information you provide will not be misleading or deceiving, and will not breach the Fair Trading Act 1986, the Commerce Act 1986, applicable advertising standards or any other applicable law or industry code or regulation;

v. your Product Information does not and could not reasonably be considered to contain content that is obscene, offensive, defamatory, derogatory, unsuitable for people under the age of 18 years or which may adversely affect Bookit NZ Limited reputation and/or goodwill;

vi. you have the right and authority to make use of the Product Information, and to allow Bookit NZ Limited to use and publish the Product Information on BookIt and through the reseller network, without infringing the rights (including, without limitation, the intellectual property rights) of any third party; and

vii. your Product Information does not contain any virus, backdoor, Trojan, or any other malicious or disabling code.

 

4. Operator responsibilities.

a. In connecting to BookIt you agree to, and warrant that you will:

i. not do anything which may damage BookIt including;

ii. not to do anything which may damage the reputation or goodwill of Bookit NZ Limited or any Operator or Reseller using BookIt;

iii. only access BookIt for the purposes contemplated by this Agreement; and

iv. only using BookIt on behalf of third parties where such use, and any action taken by you, is specifically authorised by the relevant third party.

b. Where you choose to manage your inventory on an on-request basis, you agree to respond to booking requests within 24 hours of receiving then, using the BookIt process. You agree to make every reasonable effort to accept on-request bookings.

c. In the event that you oversell a Product, or are otherwise unable to fully provide a Product that has been booked by the Traveller, you agree to arrange a substantially equivalent alternative to the reasonable satisfaction of the Traveller and/or compensation for the Traveller that is at least equal to the amount the Traveller paid for the Product.

d. If you are unable or unwilling to arrange alternative accommodation or services for the Traveller, you can request that BookIt fully refund the Traveller. If you choose this option, a cancellation fee of NZD$20 may be charged to you, the operator.

e. You acknowledge that you are solely responsible for complying with obligations associated with the supply of your Products to Travellers. You agree not to do anything that may imply or give the impression that Bookit NZ Limited is responsible in any way to Travellers in relation to the supply of Products.

f. You agree to accept sales vouchers generated by BookIt as proof that a Traveller has purchased the stated Products.

g. You must maintain the confidentiality of Travellers’ information, and not disclose such information to any third party without Bookit NZ Limited written consent except as required by law. If you disclose Traveller information obtained through or in connection with BookIt, you will promptly notify Bookit NZ Limited in writing detailing the circumstances of the release and the information released.

 

5. Traveller Payments.

a. Travellers making bookings for Products through BookIt will be required to make payment for their booking (Traveller Payment) through BookIt to Bookit NZ Limited.

b. Bookit NZ Limited will receive such payments, and hold them on your behalf in a bank account established solely for the transacting of Traveller Payments.

c. Bookit NZ Limited will deduct the BookIt Fees payable by you, and pay the balance of the Traveller Payments to you.

d. You must supply a New Zealand bank account for electronic receipt of any amounts Bookit NZ Limited is required to pay you under this Agreement.

e. You are responsible for maintaining your bank account details and notifying Bookit NZ Limited if they change.

f. You agree to indemnify Bookit NZ Limited against any bank charges or other costs that Bookit NZ Limited s may incur as a result of incorrect or out of date bank account information.

g. Bookit NZ Limited uses fraud detection techniques that are designed to protect Operators. As a result, Bookit NZ Limited will sometimes hold or reverse Traveller Payments. Despite this, Bookit NZ Limited takes no responsibility for protecting you from credit card fraud or any other chargeback or payment failure. You acknowledge that bookings and payments are taken entirely at your risk.

h. In the event of a chargeback (or other incorrect or erroneous payment):

i. Bookit NZ Limited may provide reasonable evidence to the relevant bank about the transaction;

ii. you may also be asked to provide additional information, and if so you will provide all such requested information in a timely manner;

iii. Bookit NZ Limited has the right to, and may, reverse the full retail booking payment to you; and

iv. if Bookit NZ Limited cannot reverse the payment to you, Bookit NZ Limited will debit the relevant amount from any future amounts due to you from Bookit NZ Limited or (at Bookit NZ Limited option) invoice you for amount of the payment and you will pay such amount to Bookit NZ Limited in accordance with the invoice’s payment terms.

 

7. Fees.

a. You agree to pay the fees set out in schedule 1 at the end of this document. 

b. Bookit NZ Limited will deduct such fees from Traveller Payments, and pay the balance to the operator. Bookit NZ Limited will pay the merchant recovery fee and other associated transaction fees as trustee and agent for you out of the Traveller Payment funds held on your behalf.

c. Bookit has a NZD$20.00 fee to any cancellation made by a traveller, regardless of the supplier’s cancellation policy. This fee is charged to the traveller upon cancellation. Bookit has a hardship policy, which can be applied by Bookit to waive traveller cancellation fees under certain circumstances. This can only be done by contacting the support team regarding your cancelation.

d. BookIt can process and transact bookings for your Products from the following sources;

i. Operator booking – where a booking is made by a Traveller directly through your website using BookIt or by you using the ad-hoc manual booking facility in your BookIt account. Bookit NZ Limited will deduct a commission, and a PPF (Payment Processing fee) which will accrue to Bookit NZ Limited at the time the relevant booking is made; and

ii. Reseller or cross-seller booking – where a booking is made through the website of a Reseller, i-SITE or other third party. Bookit NZ Limited will deduct a commission, and a PPF (Payment Processing fee) which will accrue to Bookit NZ Limited at the time the relevant booking is made through BookIt.

1. The BookIt Fees may be amended from time to time by Bookit NZ Limited. Bookit NZ Limited will notify you of the revised BookIt Fees in writing prior to them taking effect within BookIt. You agree to pay the amended BookIt Fees following such notice.

2. BookIt will generate invoices or remittances for transactions which are compliant with applicable tax law.

3. If you elect to purchase additional advertising features (such as the ‘make an enquiry’ feature), you must pay with a valid credit card. You authorise Bookit NZ Limited to charge your credit card for such amounts on a monthly or annual basis, depending on your chosen preference. Your credit card will continue to be charged until you terminate use of the selected additional feature. If Bookit NZ Limited is unable to effect automatic payment via your credit card, you will be notified via email and your advertising feature will be disabled until payment is received. Bookit NZ Limited uses Chargify to process the recurring billing service. Your credit card details may be held by Paystation Limited.

 

8. Intellectual property.

a. When listing Products on BookIt, Bookit NZ Limited will cause BookIt to display your trading name, Product Information, and branding, which may include your trade marks (whether registered or not) which you provide to us, as well as any imagery, copy or other material you have provided to us to customise your implementation of BookIt (Operator IP).

b. You hereby grant to Bookit NZ Limited, for the duration of this Agreement plus the period of time described in clause 8.d, a non-exclusive, royalty-free, sub-licensable, irrevocable, worldwide licence to use the Operator IP for the purposes of implementing BookIt for you and your Products.

c. Bookit NZ Limited will follow your reasonable directions as to style when using the Operator IP.

d. You acknowledge that, following termination of this Agreement it may take some time for every instance of the Operator IP to cease to appear across the BookIt network and that, provided Bookit NZ Limited ceases to implement new uses of the Operator IP, the licence granted in clause 8.b will survive termination of this Agreement and continue until any remaining instances of the Operator IP cease to appear across the BookIt network or more widely on the internet through the operation of caching or similar processes.

e. All intellectual property owned by the respective Parties, including (without limitation) any copyright, imagery, software code, and branding (including name and trade marks), remain the exclusive property the Party which owns it and both Parties acknowledge that no licence is granted to the other to use the intellectual property of the other in any way which is outside the scope of this agreement.

 

9. General terms.

a. You acknowledge that:

i. your use of BookIt is not exclusive, and that competing Products to yours may be listed on BookIt;

ii. while Bookit NZ Limited endeavours to minimise outages and downtime, Bookit NZ Limited does not guarantee the availability of BookIt;

iii. Bookit NZ Limited does not warrant that BookIt will be error free;

iv. Bookit NZ Limited cannot guarantee that communication sent via BookIt will be secure;

v. you are solely responsible for providing your Products to Travellers;

vi. you are solely responsible for ensuring that your provision of your Products, and your promotion of them through BookIt, complies with all applicable laws; and

vii. you are solely responsible for verifying Travellers’ identities at check in (Bookit NZ Limited recommends the Operator obtain the traveller’s signature and photo identification to match the booking name and a credit card imprint to cover incidentals, where and when applicable).

b. You may not assign any of your rights or obligations under this Agreement without the prior consent of Bookit NZ Limited in writing, which consent Bookit NZ Limited may grant or withhold in its sole discretion.

c. Bookit NZ Limited failure to enforce strict performance of any right it has under this Agreement will not constitute a waiver of that right and Bookit NZ Limited may subsequently enforce such provision or any other provision of this Agreement.

d. This Agreement is made in New Zealand and its construction, validity and performance shall be determined under New Zealand law. All reasonable endeavours will be made by both parties to resolve any dispute by discussion, consultation, negotiation or other informal means. However, any dispute which is to be litigated shall be submitted to a New Zealand court.

e. You acknowledge that the BookIt service is not a service of a kind ordinarily acquired for personal, domestic or household use or consumption. In acquiring the service for the purposes of a business, you acknowledge that you are not entitled to claim any of the remedies provided under the Consumer Guarantees Act 1993 and that, to the maximum extent permitted at law, the provisions of that Act are excluded from applying to this Agreement.

f. You acknowledge that you must bear your own costs in relation to the development and support of your website, system and business, including (without limitation) protection against any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

g. This Agreement contains the whole of the agreement between Bookit NZ Limited and you in relation to the matters contemplated in it, and supersedes any previous Agreement between Bookit NZ Limited and you, whether in writing or otherwise.

 

10. Confidentiality. You will:

a. keep confidential the Confidential Information and not disclose it to any other person except to those of your employees, contractors, officers, directors or professional advisors as may reasonably be required to know the Confidential Information for the purposes of undertaking this Agreement or as required by law;

b. not use the Confidential Information for any purpose that is not directly related to undertaking of this Agreement and the matters contemplated by it; and

c. keep the Confidential Information secure against accidental access or release, implementing security measures which are commercially reasonable but in no case less secure than the security measures that you use to protect your own confidential information.

. For the purposes of this clause 10, “Confidential Information” means any information concerning the business of Bookit NZ Limited, its customers, employees, technology, trade secrets, know-how, finance, transactions, processes, or affairs which have been communicated to you, or your employees, contractors, officers or directors in connection with this Agreement and includes information which is, by its nature, likely to be confidential or which Bookit NZ Limited intended to be confidential at the time it disclosed the information to you; except that

e. “Confidential Information” does not include any information which is in the public domain at the time you enter into this Agreement with Bookit NZ Limited or which, during the course of this Agreement, enters the public domain other than through a breach of this Agreement by you or one of your employees, contractors, officers, directors or professional advisors.

 

11. Warranties.

a. In addition to (and without limiting) the warranties given by you in clause 4.a of this Agreement, you warrant that:

i. you have the capacity and authority to enter into this Agreement with Bookit NZ Limited; and

ii. that your performance of your obligations under this Agreement will not infringe the rights of any third parties.

b. Bookit NZ Limited warrants to you that it has the capacity and authority to enter into this Agreement with you.

c. With the exception of the warranty set out in clause 11.b Bookit NZ Limited gives no warranty, either express or implied, and makes no representation of any kind including, without limitation, any warranty or representation as to the fitness for any purpose, non-infringement, or availability of BookIt or as to the earnings or other benefits which may be earned by you as a result of entering into this Agreement.

 

12. Suspension.

a. Bookit NZ Limited may immediately suspend your access to BookIt if you are in breach of any of your obligations under this Agreement.

b. Such suspension may be put in place immediately without notice, but Bookit NZ Limited will notify you of the reason for any suspension within a reasonable time.

c. A suspension can remain in force at Bookit NZ Limited discretion until you remedy any breach to Bookit NZ Limited satisfaction.

d. You acknowledge that you are not entitled to any refund or compensation for any suspension imposed by Bookit NZ Limited.

 

13. Limitation of Bookit NZ Limited liability.

a. To the maximum extent permitted by law, Bookit NZ Limited excludes all liability for any loss, damage, costs, claims or expenses whatsoever (whether direct, indirect, consequential, special, loss of profits, loss of opportunity or otherwise) in relation to or arising out of this Agreement and your use of BookIt, whether arising in tort, contract or otherwise, and irrespective of whether Bookit NZ Limited had been alerted to the risk of such loss prior to it arising.

b. Where any liability of Bookit NZ Limited cannot be excluded, the sum of Bookit NZ Limited’ total liability to you arising out of all claims for damages under this Agreement and/or relating to your use of BookIt will not exceed in aggregate the amount of commission received by Bookit NZ Limited from you in relation to the claim or in the preceding 12 months, whichever amount is less.

 

14. Indemnity.

a. You agree to indemnify Bookit NZ Limited against any loss, damage, cost, claim or expense of any kind incurred as a result of:

i. a breach by you of any warranty given by you under this Agreement;

ii. a failure by you to fulfil any obligation you have under this Agreement, as we can’t indemnify for a breach which is caused due to circumstances outside our control; or

iii. any action or omission by you or your staff, contractors, directors or agents.

b. Without limiting clause 14.a, but for the avoidance of doubt, in no event will Bookit NZ Limited be liable to any Traveller for your performance (or lack of performance, as the case may be) of your obligations under this Agreement and you agree to indemnify Bookit NZ Limited against any such liability.

 

15. Termination.

a. Either party may terminate this Agreement at any time by giving not less than 30 days’ notice in writing to the other party.

b. Upon termination of this Agreement for any reason the Operator agrees to immediately:

i. disconnect from and cease to use BookIt; and

ii. remove all links from your website to BookIt.

c. This Agreement may be terminated immediately by either party (the First Party) giving notice in writing to the other party (the Other Party) at any time:

i. upon the Other Party committing any material breach of this Agreement which is not rectified within 7 days of written notice of the breach having been given to the Other Party by the First Party;

ii. upon the Other Party committing three or more material breaches of this Agreement in respect of which the First Party has given notice under the preceding paragraph;

iii. upon the Other Party becoming insolvent; or

iv. upon a receiver or manager of any asset of the Other Party being appointed, or an order made or resolution passed for the liquidation of the Other Party.

d. Bookit NZ Limited may terminate this Agreement immediately if you:

i. Act, communicate or engage in a way that offends, defames or compromises  Bookit NZ Limited’s staff, users, Travellers or other Operators; or

ii. do not follow Bookit NZ Limited reasonable instructions in relation to the use of BookIt 

 

16. Traveller reviews.

a. After purchasing a Product through BookIt, the Traveller may be sent an email message requesting them to complete a short, on-line questionnaire about their experience, including a satisfaction rating and open comments relating to all aspects of the Operator’s service.

b. Traveller reviews and satisfaction ratings will be sent to Bookit NZ Limited. We may choose to publish such reviews and satisfaction ratings as part of your Product Information.

c. Travellers will remain anonymous when their reviews are published, unless they opt to have their names published alongside their reviews.

d. Bookit NZ Limited may, at its sole discretion, decline to publish any review or rating. 

e. You agree not to place, or cause any third party that is not a genuine Traveller to place, comments on your Product listings or use the comments facility to comment on any other Operator or advertiser of products or services on Bookit.

f. BookIt reviews and comments remain the property of the Traveller, and are provided for the sole purpose of facilitating the operation of BookIt. You must not copy, export or otherwise use any part of any review or comment without Bookit NZ Limited ’ approval in writing.

g. You acknowledge that Bookit NZ Limited is not responsible for the content or any review or comment. If a review or comment is, in your view, unfair, unreasonable or has caused you damage, you may request that Bookit NZ Limited removes or amends that review or comment. Bookit NZ Limited may, in its sole discretion, decide whether to make such amendment or remove the review or comment.