Terms and Conditions

Terms and conditions for participation in Tourism New Zealand event

By submitting an application for registration to participate in a Tourism New Zealand event you agree that these terms and conditions apply to such application and, should Tourism New Zealand accept your application, will apply to your participation in the event.

Relevant terms: In these terms and conditions the following terms have the corresponding meanings:

Cancellation Fee means the fee specified on the Web Site that is payable by you in the event of your cancellation of your participation at the Event.

Criteria mean the criteria specified in clauses 3 and 5.

Event means the event organised by Tourism New Zealand in respect of which you are applying to participate.

Exhibit means the exhibit promoting your Products at the Event and includes, without limitation, any electronic or other documentation used or provided in respect of your Products, any audio-visual tools used and the information provided or shown using those tools, and any presentations or performances given in respect of your Products.

Participation Fee means the fee specified on the Web Site that is payable by you to Tourism New Zealand in relation to your participation at the Event.

Products means the products and services that you supply and that you wish to promote at the Event.

Web Site means the Tourism New Zealand web site web site at URL www.tourismnewzealand.com or individual operator websites, depending on the context.

References to you or your are references to the individual or body corporate submitting this application to participate at the Event.

The Event: The location, timing, format and purpose of the Event are determined at the sole discretion of Tourism New Zealand. Tourism New Zealand may change any aspect of the Event, including without limitation the location, timing, format and purpose, where it reasonably considers necessary to do so

Participation criteria: You may only apply to participate at this event if you:

• A product that demonstrates and can show evidence of an independent accreditation under a third party quality rating system, which is widely recognised nationally by the New Zealand Tourism Industry for its robust assessment process. For example Qualmark (To identify operators that operate at a requisite level of quality, a quality assessment framework is required. There are a number of criteria that Tourism New Zealand considers to quantify the independence and robustness of a third party accreditation provider’s assessment process, including wider industry endorsement. At present only Qualmark meet those industry requirements.); or
• are an International Marketing Alliance, touring route, regional tourism organisation or other regional group; or
• are an airline with established routes to New Zealand.

Acceptance: Acceptance of your application to participate at the Event is at the sole discretion of Tourism New Zealand.

Selection criteria: Without limiting clause 4, your application to participate at the event will be assessed using the following criteria:

1. the consistency of your application and your Products with the objectives of the Event and Tourism New Zealand;
2. the consistency of your application and Products with Tourism New Zealand’s strategic objectives and statutory obligations;
3. the need to have an appropriately diverse selection of Products at the Event;
4. Evidence of an independent accreditation under a third party quality rating system, which is widely recognised nationally by the New Zealand Tourism Industry for its robust assessment process. For example Qualmark;
5. the availability of information about your Products over the Internet and by email and the quality of such information;
6. where relevant, the ability of your Products to be booked and commission paid in respect of your Products at the appropriate industry levels and relevant to the distribution system used;
7. your involvement with Tourism New Zealand’s International Media Program;
8. evidence of international marketing of your Products in relevant markets by you or via off-shore wholesalers;
9. the availability of the relevant retail and wholesale rates for your Products at the start of the Event;
10. your financial and industry performance; and
11. any other criteria that Tourism New Zealand considers relevant to the selection of Products for participation at the Event.
12. Tourism New Zealand will only accept formal applications from quality accredited operators for this event. Non-quality accredited operators can register their interest for the event but will not be invited to attend to apply unless the event is undersubscribed by quality accredited operators within an attendance category.

Warranties: You undertake and warrant that your participation at the Event, the content of your Exhibit and any information provided by you in respect of your Products at the Event will not:

• be misleading or deceptive or likely to mislead or deceive or otherwise in breach of the Fair Trading Act 1986;
• be defamatory or offensive to generally accepted community standards or otherwise unlawful; or
• breach or otherwise infringe any intellectual property rights, including copyright and trade marks, of any third party.

Cancellation by Tourism New Zealand: If, at any time following acceptance of your application but prior to the Event:

• Tourism New Zealand considers that you cease to satisfy any of the Criteria or have otherwise breached these terms and conditions;
• Tourism New Zealand reasonably considers that it is no longer appropriate for you to participate in the Event; or
• you fail to pay the Participation Fee to Tourism New Zealand by the due date for payment specified by Tourism New Zealand.

Tourism New Zealand may immediately, by notice in writing, withdraw its acceptance of your application and cancel your right to participate in the Event without liability to you.

Cancellation by you: Following acceptance of your application you may cancel your participation in the Event by providing written notice of such cancellation to Tourism New Zealand and paying the Cancellation Fee.

Participation Fee: The Participation Fee is due and payable in full within 30 days of issue of an invoice by Tourism New Zealand and in any case no later than 15 business days prior to the Event.

Late payment: Tourism New Zealand may charge default interest on any amounts due to it, including the Participation Fee and the Cancellation Fee, that are not received by the due date. Default interest shall be calculated at a rate equal to the then current 90 day bank rate of Tourism New Zealand’s principal bank plus two per cent per annum calculated on a daily basis from the due date for payment down to the date on which payment is received by Tourism New Zealand.

Taxes: All amounts payable under these terms and conditions are inclusive of any taxes, duties, fees or other charges except goods and services tax payable in accordance with the New Zealand Goods and Services Tax Act 1985 (GST). You shall pay any GST (VAT-UK, GST-AUS) that is due at the rate applicable at the time of supply.

Other costs: You are responsible for all your costs associated with the Event, including without limitation, travel and accommodation costs, advertising costs, and exhibition and promotional materials costs. Tourism New Zealand will not be responsible for any costs or disbursements that you incur as a result of your application or your participation in the Event.

Privacy: Tourism New Zealand may collect personal information from you for the purpose of facilitating your participation in the Event. Tourism New Zealand will keep personal information confidential except where disclosure is necessary for the purpose of organising or running the Event or where disclosure is required:

• by law enforcement or other Government agencies in connection with the conduct of any investigation of criminal activities; or
• by court order.

You may have access to any personal information about you held by Tourism New Zealand by submitting a request to Tourism New Zealand in writing. Tourism New Zealand will update and correct such information upon receipt of a written request from you.

Liability: Tourism New Zealand will not be liable for any loss or damage (including consequential loss or damage, loss of profits, loss of revenue or loss of savings) which may be suffered or incurred or which may arise directly or indirectly in respect of the Event or any failure or omission on the part of Tourism New Zealand to comply with its obligations under these terms and conditions.

Exclusions: All conditions and warranties which may be implied by law into these terms and conditions are excluded except to the extent that it would be unlawful to do so. You agree that to the extent that you are acquiring goods or services under these terms and conditions for the purposes of a business, the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to the supply of such goods and services.

Limitation: If, for any reason, Tourism New Zealand cannot rely upon the limitations and exclusions in clauses 14 and 15, the maximum aggregate liability that Tourism New Zealand will have to you in respect of the subject matter of these terms and conditions is the total Participation Fee paid by you under these terms and conditions.

Indemnity: You will indemnify Tourism New Zealand against any costs, losses and damages and will, at your cost, defend or settle any claim suit, action or proceeding brought against Tourism New Zealand arising from:

• any breach of these terms and conditions by you;
• your participation at the Event;
• use of your Products by any third party; or
• any third party claim of intellectual property rights infringement in respect of your Exhibit or your Products.

Notices: Any notice to be given to Tourism New Zealand under these terms and conditions must be in writing sent to:

Tourism New Zealand
PO Box 95
Level 22, Vodafone on the Quay
157 Lambton Quay
Wellington

Any notice to be given to you may be sent to the address provided by you with your application.

Representations: You acknowledge that you have not relied on any representation made by Tourism New Zealand which is not expressly stated in these terms and conditions.

Assignment: You may not, without Tourism New Zealand’s prior written consent, assign, sub-contract, pledge or transfer the whole or any part of your rights, duties or obligations under these terms and conditions.

Waiver: Failure or neglect by a party to enforce any time any of the terms, conditions or provisions of these terms and conditions shall not be construed to be a waiver of that party’s rights, or in any way affect the validity of the whole or any part of these terms and conditions, or to otherwise prejudice that party’s right to take subsequent action. Any waiver by a party in respect of any right provided for in these terms and conditions shall not be construed to be a waiver of any further or future rights arising under these terms and conditions.

Governing law: These terms and conditions shall be governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine all issues which may arise under or in connection with these terms and conditions.

Entire agreement: These terms and conditions constitute the entire agreement between you and Tourism New Zealand and supersede all prior communications, representations, agreements and understandings, either verbal or written, between you and Tourism New Zealand with respect to the subject matter of these terms and conditions.

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