Terms & Conditions

Operative Provisions

Definitions
In this agreement:

Goods means the goods in respect of which the Licensee is permitted to use the Trade marks as described in item 3 of Schedule 1.

GST means goods and services tax under the Goods and Services Tax Act 1985 and its statutory amendments.

GST Invoice means a valid GST tax invoice for each taxable supply under this agreement.

Insolvency Event means, in relation to a party:

a receiver is appointed in respect of any assets of the party;
a resolution is passed, or an order is made, for the appointment of a liquidator in respect of the party;
a statutory manager is appointed in respect of the party under the Corporations (Investigations and Management) Act 1989;
distress or execution is levied against any of the party’s assets;
the party enters into any arrangement for the benefit of its creditors generally or any material class of them, or
the party is not able to pay its debts as they fail due.
Manufacture includes construction, assembly, production or such other preparation for commercial use, exploitation, sale or licensing of the Goods and Services incorporating the Trade marks.

Net Sales Price means the arm’s length set selling price of the Licensee’s gross invoiced sales or licenses of the Goods and Services

Representatives means, with respect to a party, any of that party’s directors, officers, employees, independent contractors, agents, consultants, advisors and other representatives.

Services means the services in respect of which the Licensee is permitted to use the Trade marks as described in item 4 of the schedule.

Territory is described in item 2 of Schedule 1.

Interpretation

In this agreement:

• construction may not be adverse to a party only because that party was responsible for preparing it;
• headings are for convenience only and do not affect its interpretation;
• references to a person, or words denoting a person, includes:
  • a company, statutory corporation, partnership, joint venture and association; and
  • that person’s legal personal representatives, executors, administrators, successors and permitted assigns;
• every obligation entered into by two or more parties binds them jointly and each of them severally;
• where any word or phrase is defined in this agreement, any other grammatical form of that word or phrase will have a corresponding meaning;
• “includes”, “including” and similar expressions are not words of limitation;
• all monetary amounts are in New Zealand dollars; and
• reference to any agreement or other document annexed to or referred to in this agreement includes:
  • any amendments to this agreement or any document; and
  • any documents in addition to or in substitution for this agreement which have been approved in writing by the parties.

Appointment of Licencee

The Licensor licenses the Licensee to use the Trade marks in the Territory set out in item 2 of Schedule 1 during the continuance of this agreement:

• on and in relation to the Goods in item 3 of Schedule 1; and
• in relation to the provision of the Services in item 4 of Schedule 1.

Maintenance of Trade Mark Registration

The Licensor will pay any renewal fees relating to the New Zealand registration of any of the Trade marks that fall due during the term of this agreement.

Payments

• In consideration of the Licence granted, the Licensee must pay the Licensor the licence fees described in item 5 of Schedule 1, with payment of any amount due to be made as described in item 6 of Schedule 1.
• All payments referred to in clause 3 are GST exclusive.

Non Exclusive Licence

• The Licence granted to the Licensee by this agreement is Non Exclusive
• The Licensee has no authority to grant sub-licences as to:
  • the use of the Trade marks for the Manufacture of the Goods; or
  • the production, provision, supply or delivery of the Services,

except when the Licensor has given its written consent to the grant of sub-licences by the Licensee

Quality Control of Goods and Services

• If requested by the Licensor, as soon as is reasonably practicable, the Licensee must submit to the Licensor for inspection:
  • samples of the Goods and Services; and
  • copies of all materials bearing the Trade marks.
• The Licensee must:
  • permit the Licensor’s accountant or auditor to inspect and verify all records required to be maintained by the Licensee from time to time during ordinary business hours;
  • give all assistance necessary to the Licensor’s accountant or auditor to carry out their inspection and verification; and
  • permit the Licensor’s accountant or auditor to take copies of the records required to be maintained.
• The Licensee must permit any officer or agent of the Licensor, who is authorised in writing for that purpose, to enter any of the Licensee’s premises during normal business hours by appointment in order to inspect:
  • the circumstances of Manufacture, production, provision, supply or delivery of the Goods and Services; and
  • the use or application of the Trade marks.
• The officer or agent is entitled to take samples and to carry out tests for the purpose of examination and testing for compliance with the terms of this agreement.

Maintenance and Inspection of Records

• The Licensee must maintain in sufficient detail for a period of 7 years, separate and accurate records and accounts that are prepared in compliance with New Zealand accounting standards that identify:
  • the quantity of Goods manufactured and sold;
  • the quantity of Services supplied;
  • the Net Sales Price at which Goods and Services are sold or licensed; and
  • any other information reasonably required by the Licensor relevant to:
    • the Goods manufactured and sold;
    • the Services provided: and
    • the determination of the Net Sales Price.
  • From time to time, the Licensee must:
    • permit an accountant or auditor of the Licensor to inspect and verify all or any records required to be maintained by the Licensee during ordinary business hours;
    • give all assistance necessary to the Licensor’s accountant or auditor to carry out such inspection and verification; and
    • permit Licensor’s accountant or auditor to take copies of any such records.

Protection of Trade Mark

• The Licensee must not:
  • describe itself or hold itself out as the agent of the Licensor in any manner. The Licensor cannot be or become liable in respect of the Manufacture, production, provision or supply of the Goods and Services or any other transactions relating to the Goods and Services entered into by the Licensee with any other party;
  • disclose or make known any confidential information relating to the Manufacture, production, provision or supply of the Goods and Services at any time during the continuance or after termination of this agreement;
  • grant any right, licence or authority to any third party, whether at common law or otherwise, to use the Trade marks in relation to any Goods or Services; and
  • represent the Trade marks or use the Licensor’s name without submitting to the Licensor the proposed marked Goods and Services for its prior consent.

• The Licensee acknowledges the Licensor’s title to each Trade mark in New Zealand and the validity of the Licensor as the owner of the Trade mark(s) and undertakes not to take any action which would or might:
  • invalidate or put in dispute the Licensor’s title;
  • oppose any application for registration of the Trade marks or invalidate any registration of the Trade marks in due course;
  • support an application to remove any Trade mark as a registered trade mark;
  • cause the Commissioner of Trade Marks to require a disclaimer of a monopoly in any Trade mark or part of it; or
  • assist any other person directly or indirectly in any of the acts described in subclauses (i) to (iv) (inclusive).

• Unless otherwise agreed in writing, the Licensee must, whenever any of the Trade marks are used, accompany the use with words indicating that the Trade marks are the Licensor’s registered Trade marks.
• The Licensee will not use any other Trade mark or logo in its business which is:
  • similar to;
  • substantially similar to; or
  • so nearly resembles any of the Trade marks,

as to be likely to cause deception or confusion among the public.

• The Licensee must use its best endeavours to preserve the value and validity of the Trade marks. In particular, the Licensee must:
  • endeavour to create, promote and retain the goodwill in its business relating to the Manufacture, production, provision or supply of the Goods and Services;
  • use each of the Trade marks in the manner described in any style guide provided by the Licensor;
  • give prominence to the Trade marks in all advertising, displays and literature undertaken, published by or on behalf of the Licensee on or in relation to the Goods and Services; and
  • not use the Trade marks accompanied by words describing the Goods or Services unless the Trade marks are distinguished from the descriptive surrounding and adjacent text.

Termination

• This agreement may be terminated by the Licensor on the happening of any of the following events:
  • the Licensee refuses or neglects to pay promptly any sum payable under this agreement, including:
    • moneys payable for sales of the Goods; and
    • fees payable on provision of the Services,

under the Licensor’s tax invoices on their due dates;

• the Licensee fails to maintain quality control in respect of the Goods and Services in accordance with the Licensor’s:
  • standards of quality production and processing; or
  • directions;
• on the happening of an Insolvency Event in relation to the Licensee; or
• the Licensee fails to observe and perform any other provisions of this agreement:
  • following the Licensor’s provision of a written notice to the Licensee requiring rectification of the Licensee’s failure to observe and perform any provisions of this agreement; and
  • such that, the Licensee fails to rectify and make good their failure within 21 days.

• This agreement may be terminated by the Licensee if the Licensor:
  • fails to observe and perform any provision of this agreement; and
  • fails to rectify and make good such failure within [number] days after receiving written notice requiring the failure to be rectified and made good.
• Waiver by either party of a breach of any provision of this agreement does not constitute the waiver of any subsequent breach of the provision or waiver of the provision itself.

Consequences of Termination

On termination of this agreement, the Licensee must:

• stop all use of the Trade marks;
• deliver up to the Licensor any advertising, display aids or literature produced by or on behalf of the Licensee;
• deliver up to the Licensor any of the Goods containing the Trade marks that remain in the possession of the Licensee; and
• deliver up to the Licensor any other documents or objects in the Licensee’s possession which relate to the Trade mark.

Infringement

• The Licensee must do all things reasonably necessary for the protection of the Trade marks against deregistration or infringement.
• If:
  • the Licensee receives notice of any infringement or threatened infringement of any of the Trade marks or any common law passing off by reasons of imitation of get up or otherwise; or
  • any third party alleges or claims that any of the Trade marks are liable to cause deception or confusion to the public,

the Licensee must give particulars, all information and assistance to the Licensor in the event the Licensor commences or defends proceedings in relation to the claims or infringements in subclauses (i) and (ii). Any such proceedings will be under the control and expense of the Licensor.

• If the Licensor does not commence or defend proceedings in relation to claims or infringements of the Trade marks within 2 months of receiving notification of them from the Licensee:
  • the Licensee may institute proceedings in its own name as if it was the Licensor (joining the Licensor as a defendant); and
  • the Licensor is not liable for any costs unless it takes part in the proceedings.

Warranties

The Licensor warrants that:

• it has absolute title to the Trade marks; and
• use of the Trade marks in connection with the Goods and Services will not infringe the rights of any person.

Indemnity

• The Licensor will, at all times, indemnify and keep indemnified the Licensee, its Representatives and any related body corporate against any claims, liabilities, damages, losses, costs and expenses (including legal costs and expenses) arising out of, relating to or is a consequence of:
  • any breach or alleged breach of any term, condition or warranty by the Licensor; and
  • any claims in relation to infringement of any rights of any third party arising in connection with the use of the Trade marks by or under the authority of the Licensee, including any sub-licensee of the Licensee.
• The Licensee will, at all times, indemnify and keep indemnified the Licensor, its Representatives and any related body corporate against any and all claims, liabilities, damages, losses, costs and expenses (including legal costs and expenses) arising out of, relating to any breach or alleged breach of any term, condition or warranty by the Licensee.

GST / Withholding Tax

If GST is payable in respect of payments made by the Licensee to the Licensor under this agreement, the amounts payable will be increased by the amount of the GST, provided that the Licensor:

• is registered for the purposes of GST; and
• provides the Licensee with a GST Invoice.

Dispute Resolution

• If any dispute arises out of or in connection with this agreement, either party may submit that dispute to mediation in accordance with the mediation rules of LEADR.
• If a dispute arises:
  • a party may give the other party a notice specifying the dispute; and
  • within 5 business days after the notice is given, each party must nominate in writing a representative to settle the dispute on its behalf.
• Within 7 business days after the notice is given, the parties must confer to resolve the dispute or to decide the method of resolving the dispute. Each party must use its best efforts to resolve the dispute.
• Unless the parties otherwise agree, the dispute must be referred to mediation if not resolved within 14 business days after the notice is given.
• The parties must appoint a mediator within 21 business days after the notice is given. If the parties fail to agree on a mediator, the mediator must be nominated by the: chief executive officer of LEADR.
• Unless otherwise agreed by the parties in writing, the mediator’s decision is not binding on the parties. The role of the mediator is to assist in negotiating a resolution to the dispute.
• If the dispute is not resolved within 21 business days after the mediator’s appointment, the mediation ends.
• The dispute resolution process does not affect either party’s obligations under this agreement.
• Neither party may commence court proceedings, in any jurisdiction, until the mediation ends. This does not affect either party’s right to seek urgent injunctive or declaratory relief.
• Each party is to pay its own costs of the dispute resolution process.
• The parties are to pay, in equal shares, the mediator’s costs and any other third-party costs required by the mediator.
• If a dispute arises in relation to this agreement, each party must keep confidential:
  • all information or documents disclosed in the course of resolving the dispute before the appointment of the mediator;
  • all information or documents disclosed in the course of the mediation;
  • all information and documents relating to the existence, conduct, status or outcomes of the mediation; and
  • all information and documents relating to the terms of any mediation settlement agreement.

General Provisions

Jurisdiction

This agreement is subject to the laws of New Zealand. The courts of New Zealand have exclusive jurisdiction over any disputes arising in respect of this agreement.

No Partnership or Agency Relationship

Nothing contained in this agreement will be deemed to constitute partnership between the parties. Nothing contained in this agreement will deem either party to be the agent of the other party. Neither party will engage in any conduct or make any representation which may suggest to any person it is for any purposes, the agent of the other party.

Entire Agreement

This agreement sets out the entire agreement between the parties. It replaces all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter. This agreement may not be modified except by written agreement signed by each party.

No Waiver

Failure to exercise, or any delay in exercising, any right, power or remedy by a party does not operate as a waiver. A single or partial exercise of any right, power or remedy does not preclude any further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

Severance

If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this agreement.

Execution

This agreement may be executed in any number of counterparts, each of which when executed and delivered must constitute an original of this agreement, but all the counterparts must together constitute the same agreement. No counterpart must be effective until each party has executed at least one counterpart.

Please read carefully these terms and conditions of contract. In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between Landeater Ltd (thereafter referred to as The Longest Place Name) and you. No variation of these conditions will be effective unless in writing and signed by a person so authorised by The Longest Place Name. In these terms and conditions reference to “The Longest Place Name representatives” means tour leaders and staff of The Longest Place Name and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities in each country in which the tour is conducted, or any of them.

1. How to Book
To reserve your place on a tour/s, you must complete the Booking Form online. Some trips require a non-refundable deposit. In these instances, refer to the individual trip notes for details.

2. Prices
The prices quoted on our website (www.thelongestplacename.co.nz) represent the most current prices, are per person and are subject to minimum numbers. Where minimum numbers are not met by the balance payment due date, a small group surcharge will be offered to ensure the trips operation. Refer to the trip notes for all tour inclusions and exclusions. Once you have paid a deposit for your trip any subsequent discounts or price reductions that are advertised may not be retrospectively applied. The Longest Place Name will try its utmost not to increase tour prices, however, sometimes increases are outside its control. The Longest Place Name reserve the right to amend tour prices at any time. Amendments may be necessitated for many reasons including, but not limited to, increases in ground operator services.

3. Payment
The balance of the tour price is payable to The Longest Place Name 70 days prior to departure. Prices are quoted in New Zealand dollars (unless otherwise specified). Payments can be made by Visa, Mastercard or bank transfer. A surcharge is applicable on balance payments made by credit card. If payment of the balance of the tour price is not received by The Longest Place Name by the due date you will be taken as having cancelled the tour and cancellation charges in accordance with condition 5 will apply.

4. Cancellations
If you wish to cancel your tour, you must notify The Longest Place Name in writing where after the cancellation will take effect subject to the following:

• If cancellation takes place more than 70 days prior to your departure date your full deposit will be forfeited.

• If cancellation takes place within 70-35 days prior to your departure date 50% of the tour price will be forfeited.

• If cancellation takes place less than 35 days prior to your departure date 100% of the tour price will be forfeited.

Variations to the conditions outlined in clauses 3, 4 and 5 may apply. Please refer to individual trip notes for details. The tour price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to The Longest Place Name by you, may be recovered from you by The Longest Place Name as a debt due and payable.

5. Amendments/Transfers
AMENDMENTS: To make amendments to your tour arrangements, you must notify The Longest Place Name in writing. Each amendment to your tour arrangements will incur a $100 administration fee and you will be liable for any increase in airfares or operational expenses occasioned by the amendment.

TRANSFERS: If you wish to transfer from one tour to another, you must notify The Longest Place Name in writing after which the transfer will take effect subject to the following. Transfers may only be made to another tour to commence within 12 months of your original departure date and the following transfer charges will apply:

• If your notice is received more than 70 days prior to your original departure date, a $100 transfer fee will apply. In addition, any increase in airfares or operational services or extra permit/deposit penalties will apply: or

• If your notice is received within 70-35 days prior to your original departure date, 25% of your original tour price will be forfeited: or

• If your notice is received within 34-8 days prior to your original departure date, 50% of your original tour price will be forfeited: or

• If less than 8 days prior to your original departure date, 100% of your tour price will be forfeited.

6. Health & Fitness Requirements
To fully enjoy and benefit from your holiday experience you should be in good health and physical condition. We recommend that you follow our grading system and preparation recommendations before departure.

7. Medical Disclosure
You declare and warrant that: • you are in good health and mental and physical fitness at the time of booking this tour;

• you have disclosed to The Longest Place Name every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to The Longest Place Name’s decision to permit you to go on the adventure tour;

• immediately upon any adverse change in your health or fitness that may be likely to affect The Longest Place Name’s decision to permit you to go on the adventure tour, you will notify The Longest Place Name in writing of any such adverse change;

• you acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and extends for the duration of the tour.

• The Longest Place Name is permitted to disclose medical information to our consultant doctor for an opinion;

• The Longest Place Name’s consultant doctor may exclude you from a tour if he/she deems it necessary;

• you have taken the necessary precautions to immunise/vaccinate for the destination you are travelling to;

• you have taken out a travel insurance policy that adequately covers you for medical eventualities including cover specifically for pre-existing medical conditions.

Participants over the age of 75 will be required to provide a current medical certificate prior to the trips departure.

8. Tour Leaders
• The Longest Place Name tour leaders take their responsibilities seriously and if for any reason a tour leader believes, in his or her absolute discretion, that you should not participate in the tour, before your departure, he/she may exclude you from the tour. In this event, you will be offered the option of taking another tour considered suitable for you or a full refund. If for any reason during a tour the tour leader considers you should not participate further due to you committing an illegal act, or in the opinion of the tour leader, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health (mental and/or physical) is questioned, he or she may direct you not to continue and you must follow the tour leader’s instructions. In this case you will not be entitled to any refund.

• The Longest Place Name reserve the right to change, at any time, the tour leader of any tour. If that happens, The Longest Place Name will try to ensure that the alternative tour leader has expertise commensurate with that of the original tour leader. Any such change by The Longest Place Name will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered.

9. Complaints
If while during your trip you have a problem, please bring this to the immediate attention of the tour leader or relevant supplier (eg. Transport provider, hotelier). If your complaint is not resolved to your satisfaction, please contact your The Longest Place Name consultant by email or phone and they will endeavour to assist you. If your complaint cannot be resolved locally, please follow this up in writing within 30 days of your return home by writing to our Operations Department at the The Longest Place Name office. Please keep your letter concise and to the point for us to quickly identify your concerns and liaise with the relevant parties to respond to you as soon as possible.

10. Cancellation due to tour booking numbers
The Longest Place Name reserve the right to nominate a small group surcharge where a trip has not reached minimum numbers or to cancel the tour. In case of a tour cancellation you will be given a full refund of the tour price. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage or for any loss of time or inconvenience which may result from such cancellation including but not limited to visa, passport and vaccination charges, gear purchases or non refundable flights and taxes.

11. Route changes, Postponement, Cancellation or Delay
The Longest Place Name reserves the right to either before or during a tour:

• cancel or modify any routes within the tour or objectives set out in the itinerary; or

• substitute different or equivalent routes within the tour in place of cancelled or modified routes, or

• postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of The Longest Place Name, it is necessary to do so due to inclement weather, snow or icy conditions or circumstances that are known to us and are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of The Longest Place Name, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking or for any other reason considered necessary by The Longest Place Name. In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay.

12. Itineraries and brochures
Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by The Longest Place Name. The information contained on The Longest Place Name’s website, brochures, trip notes and pre departure information is to the best of The Longest Place Name’s belief, correct at the date of publishing.

13. Insurance
Personal travel insurance is not included in the tour price. We strongly recommend that you take out full personal travel insurance including accident, illness and travel cancellation for all of tours to guard against the unexpected. If, at any stage, you experience unexpected changes to your schedule, please call and discuss these matters, either with your booking agent or alternatively, contact us directly.

14. Proof of citizenship or information required to travel
It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation (ie, visas) or failure to provide information. It is a requirement of many countries that your passport is valid for six months beyond the date of your return home to your home country and it is your responsibility to check you have such validity.

15. Airlines and other transport providers
Any material published by The Longest Place Name, the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the tour. If an airline’s proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by The Longest Place Name. Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers in accordance with applicable international law and conventions.

16. Force Majeure
If The Longest Place Name is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of an act of God, strikes, trade disputes, fire, breakdowns, epidemics and pandemics, interruption of transport , government or political action, travel bans imposed by governments, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside The Longest Place Name’s reasonable control, The Longest Place Name will be under no liability whatsoever to you and may, at its option, by written notice to you cancel the tour wherein clause 5 of these conditions will apply in respect of cancellation charges.

17. Assumption of risk
You acknowledge and agree that:

• by the very nature of adventure travel and multi activity holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death;

• in the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part; • the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;

• the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour, and • you have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of Australia, New Zealand and Canada, the British Foreign Office and US Department of State and that it is your responsibility to acquaint yourself with that information or advice. For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss.

18. No Liability
You acknowledge and agree that:

• To the fullest extent permitted by law and unless caused by the negligent or reckless conduct of The Longest Place Name, The Longest Place Name will not be liable for any claims, actions, loss or damage arising out of personal injury or death, or property damage, loss of service including consequential, exemplary or punitive damages which may arise in connection with your participation in any tour.

• The Longest Place Name will not be liable for any breach of any law by any person with whom you travel on the tour; and

• you may not rely on any representations concerning the tour made by The Longest Place Name which are not contained in these conditions.

19. Release and discharge
To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge all The Longest Place Name representatives (including our ground operators in the country/countries in which you tour will take place) from all claims, actions or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise:

• out of or occur during your travel in connection with the tour or any activities conducted in conjunction with the tour unless caused by the reckless conduct of The Longest Place Name representatives, or

• in connection with any optional activities which you may undertake during the course of your tour but which do not comprise part of your tour itinerary and you accept that any assistance given to you by The Longest Place Name representatives in arranging such optional activities will not render the The Longest Place Name representatives liable to you in any way.

20. Privacy
You permit The Longest Place Name to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to The Longest Place Name representatives in order to ensure your safety and well being but will not be used by them for any other purpose.

21. Images
By signing these terms and conditions you certify that your image may be used without charge by The WE Travel Group for promotional purposes including but not limited to the website, printed promotional items and promotional presentations, unless you notify us in writing that you do not wish to have your image to be used for these purposes.

22. Waiver
A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.

23. Severance of conditions
If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered.

24. Jurisdiction
This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of New Zealand.