Deep Canyon Terms & Conditions
A CANYON DESCENT IS A COMMITTING ADVENTURE. YOU SHOULD BE AN ACTIVE PERSON READY TO TAKE ON A CHALLENGE. WATER CONFIDENCE IS AN ADVANTAGE.
YOUR RESPONSIBILITIES:
- Do you have any medical or physical conditions we should know about (e.g. asthma, diabetes, dodgy knee or back…)? Please tell us.
- Please advise if you are non swimmer or afraid of heights.
- Are you taking any medications?
- Is there something that we should know before you go canyoning, affected by anxiety etc?
- Make sure you understand what your guide tells you. Ask if you don’t.
- Follow your guides instructions.
- Be prepared for BIG FUN.
CONDITIONS:
I accept the following terms and conditions:
DEEP CANYON LIMITED
Terms and Conditions
1. PARTIES
1.1. “Booking” means the dates of the booking for the Tour.
1.2. “Client” or “You” means the person making the Booking for Services and any other person utilising the Services.
1.3. “Price” means the fee payable for the Booking.
1.4. “Services” means canyoning tours.
1.5. “Deep Canyon” means Deep Canyon Limited.
2. ACCEPTANCE
2.1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client makes a Booking with Deep Canyon directly, through an agent or on the website.
2.2. These terms and conditions may only be amended with Deep Canyon’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Deep Canyon.
3. PRICE AND PAYMENT
3.1. At Deep Canyon’s sole discretion, the Price will be as indicated by Deep Canyon either directly, through an agent or online on the day the Client makes the Booking.
3.2. Full payment of the Price is due upon Booking. The Booking will not be confirmed until full payment is made.
3.3. In the event Deep Canyon agrees to take partial payment or invoice at a later date, payment of the balance is due immediately on invoice from Deep Canyon.
3.4. If payment is not made in full by the due date, Deep Canyon are entitled to charge interest on the unpaid overdue balance at the rate of 25% per annum compounding monthly on the unpaid balance owing on the first day of each month until payment in full is received by Deep Canyon.
4. RESTRICTIONS ON BOOKING
4.1. The Client acknowledges and agrees that the following restrictions apply;
a) Any person completing the beginner canyons must be over 12 years of age.
b) Any person completing the intermediate canyons must be over 14 years of age.
c) Any person completing the advanced canyons must be over 16 years of age.
d) Any person under 18 completing any canyon must be accompanied by a parent or guardian.
e) In the event of a school or sports group all participants under 18 years of age must be accompanied by a suitably qualified person over 18 years of age and have a disclaimer signed by a parent or guardian.
4.2. The parties acknowledge that Deep Canyon may at their sole discretion make exceptions to clause 4.1 above.
5. CANCELLATION BY CLIENT
5.1. The Price is refundable upon Booking, less any associated booking fees and payment processing charges.
5.2. If the Client cancels the Booking more than 24 hours prior to the Booking, the Client will be entitled to a refund of the Price, less any booking fees and payment processing charges.
5.3. If the Client cancels the Booking within 24 hours of the Booking, the Client will not be entitled to a refund.
5.4. In the event that Client wishes to change their Booking date, this will be at the sole discretion of Deep Canyon and may include an extra fee being chargeable.
6. CANCELLATION BY DEEP CANYON
6.1. Deep Canyon reserves the right to cancel a Booking;
a) at any time for circumstances outside of their reasonable control. In the event that Deep Canyon cancels the Booking prior to the Booking date the Client is entitled to a full refund, less any associated booking charges.
b) due to any concerns in relation to the Clients ability to complete the Trip or the inability of Deep Canyon to provide the appropriate equipment. In the event that Deep Canyon use their discretion in accordance with this clause 6.1 (b), any refund shall be at the sole discretion of Deep Canyon.
c) during the Trip in the event that in Deep Canyon’s sole discretion the Client is unable to physically complete the Tour, breaches these Terms or acts in a way that is a breach of the instructions given to the Client by Deep Canyon or is abusive, destructive, negligent or causes loss to Deep Canyon. In the event that Deep Canyon cancels the Booking in accordance with this clause 6.1 the Client shall not be entitled to a refund.
6.2. In the event that Deep Canyon deems a tour unsafe due to conditions within 24 hours of the Booking, Deep Canyon may at their discretion downgrade the Trip to a different canyon and adjust the Trip price accordingly.
7. ASSUMPTION OF RISK AND SAFETY DECLARATION
7.1. The Client acknowledges and agree:
a) that the activities offered, including but not limited to canyoning, swimming, walking, sliding, jumping and abseiling/rappelling and the travel to and from and within the activity locations provided by Deep Canyon inherently involve risks which may result in property damage or loss, serious or fatal injury.
b) that rocks, cliffs, rivers, waterfalls, drowning, falling, or equipment failure are an ever-present hazard when canyoning, and travelling to and from and within the activity locations.
c) The Client will follow all instructions given by Deep Canyon Guides at all times.
d) The Client has disclosed all relevant medical, physical, and mental conditions prior to Booking.
e) Deep Canyon reserves the right to withdraw any person who in their opinion is likely to endanger themselves or others. Deep Canyon also reserves the right to cancel any activity if they become concerned for any reason for my safety or that of any other person.
f) The Client will always follow Deep Canyon’s instructions and use all the safety equipment provided. For the above reasons the Client accepts the inherent and increased dangers and risks associated with the Trip and the accompanying risk of injury, death or property damage or loss.
g) The Client assumes all risks and release all persons, entities or contractors connected with Deep Canyon from all liability for any injuries, damages, property damage, wrongful death, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise and from any claim by the Client, their family, estate, agents or assigns arising in any way from the Client’s participation in all, and any activities connected with Deep Canyon.
8. INDEMNITY
8.1. The Client shall be liable for and shall indemnify and keep indemnified (including for the excess of any insurance policy) Deep Canyon from and against loss or damage incurred directly or indirectly as a result of any unlawful, unauthorized, negligent, accidental or any other act caused by the Client or the Client’s employees, agents, attendees or Clients in connection with the Trip.
9. DEEP CANYON’S LIABILITY
9.1. Except as expressly provided by these Terms or otherwise agreed in writing, Deep Canyon excludes all warranties, conditions or obligations to the extent permitted by law including any warranty, condition or obligation imposed or implied under common law, equity or otherwise whether direct, indirect, special or consequential, arising in any way out of the Services including but not limited to;
a) Negligence
b) Any personal injury
c) Any loss or damage (including loss of opportunity)
9.2. Under no circumstances will Deep Canyon accept responsibility or be liable in respect of any damage or theft or loss of any property, goods, articles etc brought into or left on the Trip either by the Client, the Client’s employees or agents or by any person attending the Trip.
9.3. Deep Canyon shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense suffered by the Client arising out of a breach by Deep Canyon of these terms and conditions.
10. HEALTH AND SAFETY AT WORK ACT 2015
10.1. Deep Canyon will take all reasonable endeavours to meet all obligations in relation to the Health and Safety at Work Act 2015.
10.2. The Client agrees to comply with all health and safety requirements of Deep Canyon throughout the Booking in order to enable Deep Canyon to meet their obligations in relation to the Health and Safety at Work Act 2015.
10.3. The Client agrees to take all steps necessary to;
a) Ensure their own health and safety; and
b) To ensure the health and safety of their servants, agents, attendees or any person on the Trip; and
c) Ensure that no action or inaction by themselves or their servants, agents, attendees or any person on the Trip causes harm or risk to the health and safety of any other person.
11. PHOTOGRAPHS AND SOCIAL MEDIA CONTENT
11.1. The Client acknowledges and agrees that Deep Canyon may take photographs and videos (“Images”) throughout the Trip and use the Images for marketing purposes including but not limited to posting on social media, travel brochures, websites, advertising materials and print media. The Client may opt out of this clause by marking the appropriate check box when making a Booking.
11.2. The Client agrees that the Images may be used without obtaining any further consent and the Client will have no right to any payment or acknowledgement in relation to the Images.
12. NON-PERFORMANCE
12.1. No failure or omission by Deep Canyon to carry out or observe any of the terms or conditions of this agreement, shall except as herein expressly provided to the contrary, give rise to any claim against Deep Canyon or be deemed a breach of this agreement, if such failure or omission arises from any cause reasonably beyond the control of Deep Canyon.
13. FORCE MAJEURE
13.1. Deep Canyon will not be in breach of these terms for any interruption, delay or cancellation of the Booking caused by any act of God, earthquake, fire, instruction of the Government, epidemic, pandemic or any other matter outside Deep Canyon’s reasonable control.
14. COSTS
14.1. The Client must pay Deep Canyon’s costs (including legal costs, as between solicitor and client) of and incidental to the enforcement of attempted enforcement of Deep Canyon’s rights, remedies and powers under these Terms.
15. DISPUTE RESOLUTION
15.1. If a dispute arises between the parties, the parties agree to meeting in good faith to try and resolve the dispute.
15.2. If the dispute is not resolved within five (5) working days the parties agree to go to mediation. The mediator is to be chosen by both parties and where a mediator cannot be agreed, a mediator will be appointed by the President of the Otago branch of the New Zealand Law Society.
15.3. If the dispute is not resolved within a month of the initiation of the mediation proceedings then the dispute will be adjudicated in accordance with the process set out in the Act at any time.
15.4. The costs of the mediator and/or arbitrator will be shared between the parties.
16. GENERAL
16.1. The failure by Deep Canyon to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Deep Canyon’s right to subsequently enforce that provision. 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.
16.2. 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 New Zealand.
16.3. Deep Canyon may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
16.4. The Client agrees that Deep Canyon may amend these terms and conditions at any time. If Deep Canyon makes a change to these terms and conditions, then that change will take effect from the date on which Deep Canyon notifies the Client of such change.
16.5. If any provisions of these Terms of Trade shall be invalid, void, illegal or unenforceable the remaining provisions shall remain in full effect.
Cancellation policy
- If you have booked and do not show for your trip there will be no refund.
- You can cancel at no charge up to 24 hours prior to your trip. To do so phone us 0274437921 or +64 3 443 7922. Refunds within 24 hours of the trip are at our discretion.
- Trips cancelled by us prior to departure [for weather, minimum numbers not reached, etc], incur no charge, i.e. full refund…
- Trips not completed for safety reasons, no refund.
- We are happy to keep you informed and feel free to call a day or two in advance and we can let you know the conditions.
Deep Canyon Meeting Place
Our office and meeting place is situated at 99 Ardmore St. See map below:
