The holidays featured are operated by Hands Up Holidays Ltd, hereinafter also referred to as the ‘Company’ or ‘Hands Up’, which is registered in New Zealand under company number 6395073. It is essential that you read and understand the conditions of booking below and the ‘Inclusions’ and ‘FAQ’ sections on the website – www.handsupholidays.com (together the “Booking Conditions”) when you make your booking, as these will all form part of your contract with the Company. These Booking Conditions constitute the entire agreement of the parties about its subject matter and supercede all previous agreements, understandings and negotiations on that matter.
In these Booking Conditions the following terms where the context admits shall have the following meanings:
“Agent” means an authorized representative of the Company.
“Booking Form” means a form or document developed by the Company for completion by the Traveller to secure a booking on a Hands Up trip.
“Confirmation Receipt” means an Receipt issued by the Company to signify that a booking made by the Traveller has been confirmed.
“Commencement Date” means the definition contained in clause 3(f) of the Booking Conditions.
“Community Development” means the time spent either volunteering or visiting a community for philanthropic purposes. Wildlife conservation and environmental conservation are included in this definition.
“Company” means Hands Up Holidays Limited.
“Force Majeure” means unusual and unforeseeable circumstances beyond the Company’s control, the consequence of which neither the Company nor its suppliers could avoid, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions and level of water in rivers.
“Hands Up” means the Company.
“Participation Form” means the form described in Clause 21 Booking Conditions.
“Third Party Contractor” means an inbound tour operator that the Company has contracted with to provide the tour services in the destination, including but not limited to the provision of transport, accommodation, activities and meals. The Company as a matter of course contracts out the provision of its tour services to Third Party Contractors, who are typically based in the destination.
“Traveller” means a person who has made a booking with Hands Up and Hands Up has issued a Confirmation Receipt in respect thereof.
“Trip Price” means the most recent price quoted to the Traveller by the Company at the time a booking is made. It relates principally to the cost of the tour being booked, and also includes any supplements, extension trips, or any optional extras. The trip price is a “land only” price and does not include the cost of flights to and from the chosen destination.
(a) The headings are for convenience only and shall not affect the interpretation hereof.
(b) Words importing the singular number include the plural and vice versa and the masculine gender includes the feminine and neuter genders and vice versa.
(c) This contract is governed by New Zealand law and both parties agree to submit to the jurisdiction of the New Zealand courts at all times.
3. Your contract with Hands Up
(a) To secure a booking, Hands Up or its agent requires a non-refundable deposit of 20% of the Trip Price as quoted by Hands Up to the Traveller at the time of booking (including any optional activities or supplements that an individual selects) per person per tour, or full payment if a trip is due to commence in less than 60 days. This payment is also deemed to be confirmation that you have read and accept the Booking Conditions. Clients booking by telephone, email or over the internet are deemed to have read the Booking Conditions and accepted them.
(b) A booking is accepted and becomes a contract only from the date when Hands Up has confirmed acceptance by issuing a written Confirmation Receipt. The Company can issue this Confirmation Receipt by email.
(c) If you arrange your holiday directly with the Company all correspondence and other communications will be sent to the address of the first person named on the Booking Form unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.
(d) If your booking is made through a travel agent, the Company will address all communications to that travel agent. All monies paid by you to a travel agent under or in contemplation of this contract will be held by the travel agent for the Company until such monies are forwarded to the Company.
(e) Full payment is due 60 days prior to departure.
(f) A trip is deemed to commence (“Commencement Date”) upon arrival in the destination country.
(a) The prices listed are based on the prevailing costs and exchange rates at the time of printing. Hands Up reserves the right to alter these prices at any time. Prices are indicative only, and the Company reserves the right to notify you of an increase in the website or advertised price before accepting your booking.
(b) All information in the website is accurate to the best of our knowledge at the time of printing, but please note that changes to our trips (which may be substantial) can and do occur. Hands Up will make every effort to keep you briefed of any changes, but cannot be held liable for any alterations to the published itineraries.
5. Cancellation by the Traveller
(a) A Traveller can cancel all or part of a tour, but this will entail the loss of a percentage of monies paid as set out below. This percentage depends on the number of days before the commencement of the booked tour that Hands Up receives written cancellation. The loss of monies paid is as follows, per person:
60 days or more prior to trip departure:
20% of total Trip Price (or applicable part thereof if only part of the trip is cancelled or changed)
Between 30 and 59 days prior to trip commencement:
Loss of 50% of total Trip Price (or applicable part thereof if only part of the trip is cancelled or changed)
Less than 30 days prior to trip commencement:
Loss of 100% of total Trip Price (or applicable part thereof if only part of the trip is cancelled or changed)
(b) All cancellations must be advised in writing, signed by the signatory of the Booking Form and sent to the Company, at 5/21 Wiles Ave, Remuera, Auckland, New Zealand, or emailed to email@example.com. Cancellations are effective on the day they are received by the Company. Recorded delivery is strongly recommended.
(c) No refunds will be made if you voluntarily leave a trip for any reason after the trip has commenced.
Refunds will be given at Hands Up’s discretion if you are involuntarily forced to leave a trip for any reason.
Leaving the trip due to illness is deemed to be voluntary, but Hands Up may, in its discretion, give a refund in this instance.
(d) Hands Up reserves the right to eject a passenger from a trip if they have not signed the Participation Form (see paragraph 21(a)), if they are found to have breached any local laws or customs, any explicit instructions from the tour guide, or if they do not have the requisite visas, or immunisations. No refund will be given in such a situation.
(e) Please note that these conditions relating to cancellation apply to the “in country” portion of the trip only. Different cancellation fees may apply to airline tickets.
6. Re-booking following a cancellation
Should you wish to cancel a holiday and re-book an alternative holiday this will be subject to the cancellation terms within these Booking Conditions. Hands Up may, in its absolute discretion, transfer some or all of any monies already paid by you to the alternative booking. If the alternative booking requires a greater deposit than has already been paid then the balance between what is required as a deposit and any deposits already paid shall be paid when the alternative booking is made.
7. Cancellation by Hands Up
(a) Hands Up reserves the right to cancel any trip before it is guaranteed to run. A trip is guaranteed to run once it has reached the minimum number of fully paid customers as stated for each tour. Hands Up will advise you in writing (or by email if an email address is provided) if a trip has been cancelled.
(b) Hands Up reserves the right to cancel any trip, including a guaranteed trip, due to terrorism, natural disasters, political instability, war or other external events which, in Hands Up’s opinion, make it unsafe or otherwise unviable for Hands Up to operate our planned schedule, including Force Majeure. In such a case, Hands Up will, in its sole discretion, refund the Trip Price only (and will not refund any other costs incurred).
(c) If you fail to pay the balance of the holiday price at least 60 days before departure, the Company may treat your booking as cancelled and levy the cancellation charges set out in paragraph 5(a) above. If the Company cancels your holiday in any other circumstances prior to departure and when a trip is guaranteed to run as per paragraph 7(a) above, the Company will use reasonable endeavours to offer alternative arrangements of a comparable standard or will give you a full and prompt refund. In addition, unless the cancellation has been caused by Force Majeure or Low Bookings, the Company will pay you compensation as set out in paragraph 9(d).
8. Booking Amendments by the Customer
(a) Amendments are generally possible, and Hands Up will make every effort to assist you if you wish to alter your arrangements. It may not always be possible to make any amendments to your booking, especially within 10 days of the commencement of your trip. Requests for an amendment must be in writing or by email, signed by the signatory of the Booking Form. If you do wish to change your booking in any way, the following fees will apply:
i Changes to tour bookings
If the booking amendment request is received by Hands Up 60 days or more prior to your original tour’s commencement date – USD50 per person per change;
If the booking amendment request is received by Hands Up within 59 days of your original tour’s commencement date – charges as per cancellation fees (see paragraph 5(a)).
If there has been any change in the price of the tour that you change your booking to since the time of your original reservation, the new tour price will apply to the new reservation.
These fees are in addition to any charges levied by hotels, ground operators or airlines.
Changes to any other arrangements made in conjunction with your tour booking (e.g. hotels, transfers, etc):
Amendments to any other arrangements made in conjunction with your tour reservation will incur a USD50 administration fee per booking per change. This fee is in addition to any charges applied by hotels, ground operators or airlines.
9. Amendments by the Company
(a) Great care is taken to ensure that the descriptions and prices given in this website are accurate at the time of publication. Changes can occur, though, and the Company reserves the right to change any of the details in this website, including the order that places will be visited in the itinerary, and prices, in which case the Company will advise you of any such change before accepting your booking. After a Confirmation Receipt has been issued and the trip is guaranteed to run, the Company makes every effort to operate holidays as advertised. It is not always possible for the Company to control all elements of the holiday whereby advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency repair works, etc. Additionally, the nature of the Community Development work is subject to change, and you will be advised as soon as possible after any such change occurs.
(b)Your trip may be varied at short notice, even after its commencement. Changes may occur because of Force Majeure, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, the availability of Community Development projects, or other circumstances beyond Hands Up’s control. Hands Up does not accept any responsibility for loss of enjoyment, delays or compensation resulting from changes due to Force Majeure or any reasons beyond Hands Up’s control. Group sizes may also vary. No refunds will be made in any of these situations.
(c) In very rare circumstances, the Company may have to modify a holiday before the trip commences. If we have to change to a lower standard of accommodation (in terms of grade of hotel) for more than 20% of the trip length, the Company will contact you as soon as practicably possible and offer you three choices:
You may accept the modification;
You may change your booking to another available holiday; or
You may cancel and receive a full refund.
If you choose another holiday which is more expensive you must pay the difference, but if it is cheaper, the Company will make the appropriate refund.
(d) If you cancel and receive a full refund, other than for Force Majeure or Low Bookings you will receive the following compensation, calculated according to the number of days prior to the commencement of the trip that you are notified of the change.
|Days prior to Commencement Date
|When Notification of Change is sent
|More than 42 days
|29-42 days prior
|15-28 days prior
(e) If there is any other modification before the trip commences (that is, other than a change to a lower standard of accommodation for more than 20% of the trip length), the Company will endeavour to notify you, although it is not obliged to do so.
(f) If the Company becomes unable to provide a significant proportion of your holiday after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, alternatively, you will be transferred to your point of departure and given a pro-rata refund for ground arrangements not received.
(a) Insurance is highly recommended on all tours. You should ensure that you are fully covered against personal accident, death, medical expenses, emergency repatriation, personal liability and the nature of the Community Development project that is part of your trip. We also recommend it covers delay, cancellation, curtailment, missed departure, legal expenses and loss of luggage and personal effects. Note that special
insurance may be required if you intend to scuba dive or undertake any other dangerous or sports activity.
(b) You may be required to complete and sign an indemnity form absolving Hands Up (and if applicable the travel agent) of all possible liabilities which may arise due to the failure to take out adequate insurance cover.
(c) Clients should ensure that in any insurance cover they arrange there are no exclusion clauses limiting protection for the type of activities offered in their tour (including the Community Development volunteer project) and for the country/countries that they going to as part of their trip. The travel insurance cover provided automatically with various credit cards MAY NOT provide adequate cover as standard. It is your responsibility to ensure that you have the necessary level of cover suitable for the trip you are doing and the cover you want.
11. Price Policy
(a) All trips are payable in Pounds Sterling (£/GBP), US$, CAN$, European Currency Units, NZ$ and A$, but US$ is the reference price, and all other currencies are indicative only. The conversion rate of currencies into US$ is based on exchange rates determined by Hands Up from time to time.
(b) The Company reserves the right to notify you of an increase or decrease in the website or advertised price before accepting your booking.
(c) After a Confirmation Receipt has been issued, the price of your holiday is subject to the possibility of surcharges in certain limited circumstances. However, a surcharge will be levied solely to allow for variations in transportation costs, including costs of fuel, the exchange rate applied to the particular package, or if a relevant government or regulatory body introduce or increase taxes. This increase or decrease in price will be calculated by directly passing on the above increase or decrease, save for the first 2%, which will not be passed on. Surcharges will be notified by a revised Confirmation Receipt sent to you (or your travel agent).
(d) If a surcharge would increase the total holiday price shown on your original Confirmation Receipt by 15% or more, you may cancel your booking within 7 days of the date of issue of the revised Receipt and obtain a full refund of all payments made to the Company.
(e) Alternatively, you may choose to pay for your holiday in full at the time of booking, in which case your holiday price will be fixed at the cost quoted by the Company at that time. To qualify for this benefit you should send notice of intention to pay in full to the Company by post to 5/21 Wiles Ave, Remuera, Auckland, New Zealand, or by email to firstname.lastname@example.org within 7 days of the date when the Confirmation Receipt was first posted to you.
12. Passports, Visas and Vaccinations
(a) You must carry a valid passport and have obtained the correct visas when travelling with Hands Up.
Please ensure your passport is valid for 6 months beyond the duration of the trip, and has at least two blank pages. It is your responsibility to ensure that you are in possession of the correct visas for your holiday. Hands Up cannot accept responsibility if you are refused entry to a country because you lack the correct visa documentation, or for any other reason.
(b) It is your responsibility to ensure that you are in possession of all vaccinations and medical certificates as may be required for the whole of the tour.
(a) The Company contracts with a network of companies, inbound tour operators, government agencies, charities, Non-Governmental Organisations and individuals (“Third Parties”) to assist in the running of its tours. The Company does not own, manage, control or operate any transportation vehicle, any hotel, or any supplier of services. All coupons, receipts and tickets are issued subject to the terms and conditions specified by the suppliers and all services are subject to the laws of the country where the services are provided.
The Company may act as an agent for these Third Parties and will not be held liable for any injury, damage, loss, delay or irregularity that may occur due to the behaviour of these Third Parties. These Third Parties are also absolved of liability for any injury, damage, loss, delay or irregularity that may occur.
(b) The Company will not accept liability or responsibility for any traveller who contravenes a law or regulation of any country visited or for any other action or inaction of a traveller.
(c) No employee, servant or agent of the Company has authority to vary these Booking Conditions.
(d) The descriptions, information and opinions given in this website by the Company in respect of the hotels and other suppliers whose services are used are given in good faith, based on the latest information available at the time of printing.
(e) You are responsible for booking and paying for your flights to and from your destination (Hands Up offers “lands only” packages and you are free to book your own inbound and outbound flights). You are also responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. The Company cannot accept responsibility for clients missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents.
(f) To the maximum extent permitted by law, the liability of the Company, if any, in respect of all costs, losses, damages and liabilities incurred by a traveller is limited to a refund of the amount actually paid by the traveller.
(a) Please note that when you book an excursion locally you contract with the local organisation providing the excursion and not the Company. The Company has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company’s terms and conditions.
15. Police check
(a) If the Community Development project pertaining to your trip involves assisting children, such as teaching English in a school or helping in a home for children or daycare center, Hands Up requires you to have a police check completed, from your home country. You will be advised if a police check is required. If the police check reveals a previous conviction for a sex offence, you will not be permitted to book that trip with Hands Up.
Any other previous criminal conviction may not necessarily prevent you from booking with Hands Up, but in any event, any criminal conviction may prevent you entering the foreign country of your tour (or any countries en route). It is your responsibility to ascertain if you can legally enter a country, and Hand Up’s acceptance of a booking does not mean that you will legally be granted permission to enter the countries involved in your trip.
16. Data Protection and Privacy
Where the Company receives any personal data (as defined by the Privacy Act 2020) (“the Act”)) from you, it shall ensure that it fully complies with the provisions of the Act and only deals with the data to fulfil its obligations under the contract.
The company shall indemnify you for any breach of the Act which renders you liable for any costs, claims or expenses.
In fulfilment of its obligations under the Act the Company shall each have such systems in place to ensure:
a) Full compliance with the Act
b) In particular, compliance with the security of personal data
c) The reliability of all its employees who may be involved in processing the personal data.
The Company shall take all reasonable steps to ensure that all its partners, contractors and agents comply with this clause where they are processing any of your personal data on your behalf. The company shall allow you reasonable access to such information as is necessary to ensure that it is complying with the above provisions and the Act as a whole.
(d) We may use information provided by you, including contact details, to give you details of new trips/ special deals, etc, that Hands Up may offer from time to time. If you do not wish to receive such information you should make this known at the time of booking. We will never divulge your personal details to a third party for marketing purposes.
17. If you have a problem
(a) In the event of any dispute or difference arising between the parties as to any matter or thing in connection with the Agreement, such dispute or difference shall first be attempted to be resolved by the parties through discussions held in good faith, but failing resolution within 14 days of one party notifying the other in writing invoking this clause, such dispute or difference shall be referred to a single arbitrator (if the parties can agree upon one) and otherwise by two arbitrators, one to be appointed by the Traveller and one to be appointed by the Company, or to their umpire (such umpire to be appointed by the selected Arbitrators) and in either in accordance with the provisions of the Arbitration Act or any statutory modification or amendment thereto for the time being in force.
18. Illness or disability
(a) Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any such medication or other treatment which may be required during the tour. Failure to make such a disclosure will constitute a breach of these Booking Conditions and result in such persons being excluded from the tour in which case all monies paid will be forfeited.
(b) If the chosen holiday includes a cruise or swimming activity or excursion or transfer by boat of any sort, you must make it known at the time of booking if you are unable to swim. This will not prevent you from participating in the tour but will enable Hands Up to take additional precautions for your safety at such times as may be appropriate.
19. Age, Fitness and Participation
(a) You are expected to satisfy yourself prior to booking that you are fit and able to complete the itinerary of your chosen tour as described in this website. Most of our tours are designed for people aged 18-60 and may contain activities appropriate to this age range. Persons over 60 years of age may be required to provide medical evidence of fitness to travel on certain itineraries. No people under the age of 18 years can be accepted on Hands Up’s tours unless they are accompanied by a parent or guardian who accepts full responsibility for them. Hands Up reserves the absolute right to decline a booking at its discretion.
(b) You agree to accept the authority and decisions of Hands Up’s tour leaders, employees, and agents whilst on tour with Hands Up. If in the opinion of such person, your health or conduct before or after the trip begins appears likely to endanger the safe, comfortable or happy progress of a tour, you may be excluded from all or part of the tour without refund. In the case of ill-health, Hands Up may make such arrangements as it sees fit and recover the costs from you.
20. Photography Rights and Maps and Photographs Contained in Website
(a) You must be aware that our authorised tour leaders and representatives may take photographs and films of our clients whilst on any of our tours and the Company reserves the right to use such material for any advertising or brochure production without obtaining further consent. The Company also reserves the right to use any comments clients make regarding the tours on any questionnaires or letters in future promotional literature.
(b) Maps and photographs are included in the website for general information and may not necessarily reflect actual routings, locations or services.
21. Participation Form
(a)You must sign a Participation Form on or prior to Commencement Date. Please note that signing the Participation Form is a pre-requisite of travelling with Hands Up. The wording of this form is as follows:
“I understand that travelling with Hands Up Holidays may involve risks above and beyond those encountered on a more conventional holiday, and that I am undertaking an adventure trip with inherent dangers. I understand that I am travelling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on a conventional holiday. I have read and understood the description of the trip I am undertaking and have provided details of any pre-existing medical conditions that I have to Hands Up’s representatives. I accept these risks and obligations and I fully assume the risks of travel. I release Hands Up Holidays and its representatives from any liabilities connected to these risks to the maximum extent permitted by law.”
Where any provision of these Booking Conditions is rendered void, unenforceable, or otherwise ineffective by operation of law, that shall not affect the enforceability or effectiveness of any other provision in these Booking Conditions.
If at any time the Company or Hands Up does not enforce any of these Booking Conditions or grants the Traveller time or other indulgence, the Company or Hands Up shall not be construed as having waived that term or condition or its right to later enforce that or any other term or condition.