Outside the Square (OTS) terms and conditions
Outside the Square brings people together to enjoy a unique holiday. We source and book accommodation and transport on your behalf using third party operators, and seek out the gems of local restaurants and attractions, that help make holidays special. We are dependent on third party suppliers of accommodation and/or services and do not provide these ourselves. We cannot accept responsibility for the failure of those parties to provide services as contracted and/or otherwise.
OTS has responsibility for providing a co-ordinating guide for the trip and ensures that any guide is properly qualified to deal with and resolve issues that may arise during any adventure.
OTS is based in New Zealand and all obligations between you and OTS shall be determined in accordance with New Zealand Law and you agree to submit to the Courts of New Zealand.
All payments required to be made to OTS shall be made in NZD / AUD / GBP or USD and any refunds to be made by OTS to you will be made in the same currency as was at the time of the payment and/or refund.
OTS also obtains information from you that is personal information which is required to ensure that accurate information is forwarded to the providers of accommodation and/or services. Any personal information held by OTS will only be disclosed to third parties to facilitate the adventure. You consent to the use of any photographic and/or other image of yourself in OTS marketing material.
You are deemed to have accepted these terms and conditions upon payment of the deposit for the adventure that you are booked on.
Payments: and Cancellation Policy
To confirm your booking on an adventure a deposit is required at the time of your booking. This is a non-refundable deposit (as OTS will incur costs in arranging the trip) but is fully transferable to another adventure as long as a min 90 days notice is received in writing before a departure date. In the unlikely event OTS is required to cancel any adventure that you are booked on, the deposit will be refunded.
Full payment for each adventure is required no later than 60 days prior to the commencement of the adventure. Failure to make this payment may result in the cancellation of your place on the trip without OTS having any obligation to provide you with a replacement adventure. Should you require to cancellation your reservation after payment 50% of the trip cost paid to OTS will be refunded if 30 days’ notice is provided of cancellation. Any trips cancelled within 30 days of the commencement of the trip will result in no refund being made to you.
If you do not complete the trip and decide not to continue with any trip once commenced (for any reason whatsoever including any medical reason) no refund will be made to you. Individual travel insurance is compulsory to join our trips, and should cover you for this loss in the event of an emergency.
OTS reserves the right to make changes in OTS’s sole discretion to their itineraries or cancel any trip at any time, including any trip where confirmation has been provided.
As there can be natural disasters, political instability, terrorism, weather, cultural conditions or other external events it is imperative that passengers check the most up-to-date information from your countries travel advice websites. OTS has no liability for any costs or losses suffered by you as a result of cancellation whether directly or indirectly related to the cancellation.
Itineraries are subject to alteration without notice and intended as a guide only. Alterations may come about due to road or weather conditions, strikes, public holidays, local festivals and cultural or other reasons. Due to the nature of the terrain and remote areas, weather fluctuations can adversely affect road conditions that may necessitate alterations to itinerary with little or no notice. Any additional expense incurred by the passenger is not OTS responsibility. OTS can give no guarantee as to the exact arrival and departure times for carriers and operators used by OTS in the tour and OTS will not be liable for failure of any other services or attractions beyond its control.
OTS offers trips that are designed for travellers aged between 40 – 75 who are reasonably fit and mobile. You warrant to us that you are fit and mobile and will abide by the code of conduct required by OTS for each of its trips.
OTS reserves the right to decline to allow you to embark on a tour should in the sole opinion of the OTS guide
The trips are designed to accommodate one piece of luggage per person for transportation purposes insofar as internal land travel is concerned. It is your responsibility to meet the airline requirements for all air travel.
Important Information Exclusion of Liability
1. Whilst OTS will take all reasonable steps to provide an enjoyable trip, it accepts no liability for any loss of enjoyment, injury, damage and/or loss of any nature experienced by participants and/or for any loss economic, direct and/or indirect (whether of a non-pecuniary nature and/or otherwise)
2. To the extent allowed by law OTS excludes all and any warranties insofar as the services of OTS are concerned including but not limited to actions in contract, tort under the Consumer Guarantees Act, the Fair Trading Act and any other enactment.
3. OTS trips include the services e.g. hoteliers, airlines and tour excursions, which are not under the direct control of OTS, and whilst OTS takes all reasonable care in selecting these operators, it cannot accept responsibility for those operators' conduct or the conduct of their representative employees or agents or for any ramifications of that conduct.
4. On trips including activities such as trekking, swimming and snorkelling, passengers accept that degrees of risk are involved which are assumed by the tour participant. The tour participant agrees that OTS shall have no liability arising out of the tour participants’ participation in such activities.
5. No person will be permitted to embark or continue on our trip while their mental or physical condition is, in the opinion of any representative of OTS, such as to render them incapable of caring for themselves, or whereby they become objectionable to other participants, or they become a hazard to themselves or others. OTS will not be responsible for expenses resulting in such persons being precluded from embarking upon and/or completing the tour.
6. You are responsible for organising your own airfares, visas and travel to the OTS trip stated meeting point by the stated date of departure. Failure to meet the departure may incur additional transport costs to catch up and meet the group. OTS shall have no liability for any of these costs and shall have no liability should you be detained in any country and/or should you need for any reason to be repatriated to your home country.
As is normally the case with group tours, a minimum number of bookings are required in order for a tour to be financially viable and to have a pleasant group atmosphere. In the event that adequate numbers cannot be achieved, it may be necessary to cancel a scheduled departure and to offer the nearest possible alternative date. The date on which the decision is made whether a tour will operate is usually 90 days before the scheduled departure date.
For OTS overseas trips travel insurance is mandatory to cover any unforeseen circumstances that may arise (including cancellation fees, medical and curtailment expenses, loss of luggage, early departure from tour due to death or illness etc.) Your insurance should provide cover against personal accident, medical expenses, emergency repatriation and personal liability as well as any adventure activities that are not covered under a standard insurance policy. We recommend it also covers any unforeseen circumstances which may arise (including cancellation fees, curtailment expenses, loss of luggage, early departure from tour due to death or illness etc). OTS do not arrange insurance cover on your behalf and have no liability should you be under-insured or should an event occur not covered by your insurance. OTS assumes no liability to ensure that you are properly insured and/or covered for events on an adventure. OTS strongly advises you to obtain independent advice as to your requirements.
Credit card insurance is fine but you need to check the requirements for this to be valid, and provide us with a policy and emergency contact number.
You agree to indemnify OTS against any loss that OTS may incur as a result of any act and/or omission on your part and shall pay such monies as required by OTS to satisfy any claim and/or loss (including legal costs on an indemnity basis) within seven days. This shall be a continuing obligation.
Should OTS be required to enforce any rights under these terms and conditions you agree to meet the actual costs incurred and any costs incurred by a solicitor in enforcing the rights on an indemnity basis.