1. About these terms

These Terms and Conditions apply to:

• your use of the Action Sports Experiences website;
• enquiries and bookings made directly with us;
• participation in our guided tours, Can-Am experiences and related activities; and
• gift vouchers and other products purchased from us.

The experience is supplied by Action Sports Direct Wanaka Limited, trading as Action Sports Experiences (“Action Sports Experiences”, “we”, “us” or “our”).

NZBN: 9429047709607.
Business address: 42 Anderson Road, Wanaka, 9305, New Zealand.

Action Sports Direct Wanaka Limited, trading as Action Sports Experiences and Can-Am Experience, is an Adventuremark New Zealand accredited adventure tourism provider.

By making a booking, using our website or participating in an experience, you agree to these Terms and Conditions.

If you make a booking for another person, you must:

• have authority to make the booking;
• provide them with these Terms and Conditions;
• ensure they understand the participant requirements and risks; and
• provide accurate information on their behalf.

Nothing in these terms limits any rights or remedies that cannot legally be excluded under New Zealand law.

2. Bookings

A booking is not confirmed until:

• we have received all required booking information;
• the required deposit or full payment has been received; and
• we have issued written booking confirmation.

Bookings are subject to vehicle, guide, route and operational availability.

Please check your confirmation carefully and notify us promptly if any details are incorrect.

3. Prices and payment

Unless stated otherwise:

• all prices are in New Zealand dollars;
• prices include GST;
• payment must be made using one of our accepted payment methods; and
• any bank, currency-conversion or third-party booking fees are your responsibility.

We may correct an obvious pricing or website error. If this affects a confirmed booking, we will give you the option of paying the correct price or receiving a refund.

The website prices and inclusions may change at any time, but changes will not ordinarily affect an existing confirmed booking unless agreed with you or required by law.

4. Third-party bookings

If you book through a travel agent, accommodation provider, reseller or online booking platform:

• you may also be subject to that party’s terms;
• payment, amendment and cancellation requests may need to be handled through that party; and
• any refund may be processed by the party that received your payment.

If there is an inconsistency, the terms provided to you and accepted at the time of booking will apply to the extent permitted by law.

5. Participant eligibility

Participants must meet the eligibility requirements stated for their selected experience.

Unless we confirm otherwise:

• drivers must be at least 25 years old;
• drivers must hold and carry a current full car driver licence issued by New Zealand, Australia, the United States of America, Canada or the United Kingdom;
• drivers may be required to provide their licence for inspection;
• passengers under 18 must have the consent of a parent or legal guardian;
• passengers must be at least 10 years old, at least 145 cm tall and weigh at least 40 kg, and all participants must meet the physical requirements stated for the experience; and
• enclosed footwear and suitable outdoor clothing must be worn.

International licences must be valid for driving in New Zealand and accompanied by an approved English translation where required.

We may refuse participation if a person:

• does not meet the stated requirements;
• cannot safely operate or travel in the vehicle;
• does not provide required documentation;
• appears affected by alcohol or drugs;
• behaves aggressively, recklessly or disruptively;
• refuses to follow instructions; or
• presents an unreasonable risk to themselves, other people, vehicles, property or the environment.

No refund will be payable where participation is refused for one of these reasons, except where required by law.

6. Health and medical requirements

Drivers and passengers should have a normal level of fitness and be able to enter and exit an automatic automobile. Drivers must be able to reach and operate all controls safely; passengers must be able to sit securely and use the required restraints. Operating or travelling in a Can-Am vehicle is not recommended for pregnant people or people whose fitness is insufficient for the activity.

Off-road experiences will involve uneven terrain, vibration, dust, mud, water, noise, sudden movement and changing weather conditions. The activity may not be suitable for everyone.

Before participating, you must tell us about any condition that may affect your safety or ability to participate, including:

• pregnancy;
• heart, back, neck or joint conditions;
• recent injuries or surgery;
• mobility limitations;
• epilepsy or loss-of-consciousness conditions;
• serious allergies;
• medication that may affect alertness or coordination; or
• any other relevant physical or medical condition.

If you are uncertain whether participation is suitable, seek medical advice before booking.

Our staff may restrict or refuse participation where reasonably necessary for safety. We will consider reasonable adjustments where practicable, but cannot guarantee that every experience is suitable or accessible for every person.

7. Safety briefing and participant responsibilities

All participants must:

• attend and pay attention to the safety briefing;
• correctly use helmets, seatbelts and other required safety equipment;
• follow all instructions given by our guides;
• remain on approved routes;
• drive at a speed appropriate to the terrain and instructions;
• maintain a safe distance from other vehicles;
• avoid reckless behaviour, racing or deliberate vehicle misuse;
• respect private property, livestock, wildlife and the natural environment;
• tell a guide immediately if they feel unsafe or unwell;
• take reasonable care of their own safety and the safety of others; and
• comply with all applicable laws and site rules.

Guides may alter a route, stop an activity or remove a participant where they reasonably believe this is required for safety or operational reasons.

8. Alcohol and drugs

Participants must not drive or participate while impaired by alcohol, illegal drugs, medication or any other substance.

We may refuse or end participation where impairment is suspected. In that situation, no refund will be provided except where required by law.

9. Nature and risks of the experience

Our experiences involve outdoor, motorised and off-road activity. Even with appropriate planning, trained guides, safety systems and protective equipment, not all risks can be eliminated.

Risks may include:

• vehicle collisions, rollovers or mechanical failure;
• loss of control;
• uneven, steep, slippery, loose or unstable terrain;
• rocks, trees, branches, water crossings, mud, dust and reduced visibility;
• changing weather and track conditions;
• natural hazards, including flooding, slips, falling material and wildfire;
• interaction with other vehicles, people, animals or property;
• remoteness and delayed access to medical assistance;
• physical strain, vibration, sudden movement or exposure; and
• serious injury or, in exceptional circumstances, death.

By participating, you acknowledge the nature of the activity and accept the ordinary risks that have been properly explained to you.

This acknowledgement does not exclude or reduce any duty or liability that cannot legally be excluded, including our obligations under applicable health and safety and consumer legislation.

All guests are required to complete a safety acknowledgement and liability waiver before departure. A parent or legal guardian must complete or authorise the required documentation for participants under 18. These documents form part of the booking agreement but do not override rights or duties that cannot legally be excluded.

10. Vehicles and equipment

Vehicles and safety equipment remain our property or the property of our suppliers.

You must:

• use all vehicles and equipment only as instructed;
• not tamper with or modify any vehicle, settings or safety equipment;
• report damage, faults or incidents immediately; and
• take reasonable care while the equipment is in your possession or control.

Where permitted by law, a participant may be responsible for damage caused by deliberate, reckless, unlawful or seriously negligent conduct.

Guests must settle or make arrangements for their full applicable damage liability before departure. The basis and extent of that liability, any security bond, damage excess, optional reduction and insurance conditions must be clearly disclosed before booking and agreed before participation.

The following amounts are retained from the existing draft, subject to confirmation against the final damage and insurance arrangements:

Security bond or pre-authorisation: NZD5000 per vehicle applied on discretionary basis.

Minimum damage excess: NZD5000 per corner damaged plus NZD5000 for roll over damage.

Optional reduced minimum damage excess: NZD1000 per corner damaged plus NZD1000 for roll over damage.

We will not charge a participant for ordinary wear and tear or damage caused solely by a vehicle defect, our failure to exercise reasonable care and skill, or another matter for which the participant is not legally responsible.

11. Arrival and late attendance

Participants must arrive at 1653 Cardrona Valley Road, Cardrona, New Zealand, at least 30 minutes before their scheduled experience start time.

If you arrive late:

• we may be unable to delay the departure;
• joining the experience may not be possible; and
• the booking may be treated as a customer cancellation or no-show.

We recommend allowing sufficient travel time and checking road and weather conditions before departure.

12. Customer cancellations

Cancellation requests must be made in writing to jason@asdwanaka.nz or through the booking provider used to make the reservation.

The following cancellation policy applies to direct bookings, measured from the scheduled experience start time:

• 48 hours or more before the start time: full refund.
• At least 24 hours but less than 48 hours before the start time: a 50% refund or full booking credit may apply.
• Less than 24 hours before the start time: no refund is provided, except where required by law. Any booking credit is at the manager’s discretion.
• No-show or late arrival resulting in a missed departure: no refund is provided, except where required by law. Any booking credit is at the manager’s discretion.

Any cancellation fee reflects the costs and losses we reasonably expect to incur as a result of the cancellation.

Different conditions may apply to:

• private or exclusive tours;
• group bookings;
• customised experiences;
• promotional or non-refundable rates; and
• bookings made through third parties.

Any different conditions will be disclosed before the booking is confirmed.

We strongly recommend comprehensive travel insurance covering illness, injury, transport disruption and other unexpected changes.

13. Changes requested by customers

Requests to change a booking are subject to availability.

Changes made within 24 hours of departure may attract a reasonable administration or rescheduling fee of 25% of the booking fee, provided that fee was disclosed when the booking was made.

Changing the date of a booking does not automatically create a further cancellation entitlement.

14. Cancellations or changes by us

Outdoor experiences depend on weather, track access, vehicle availability, staffing, safety conditions and circumstances beyond our control.

We may change or cancel an experience where reasonably necessary, including because of:

• unsafe weather or track conditions;
• road or land-access closures;
• natural hazards;
• vehicle or equipment failure;
• guide illness or unavailability;
• insufficient participant numbers for Can-Am Express Plus, as set out in section 16;
• official directions or restrictions; or
• another event outside our reasonable control.

We may also adjust departure times, routes, duration, vehicles or inclusions where reasonably necessary. We will aim to preserve the overall nature and value of the booked experience.

If we cancel and cannot provide a reasonable alternative, you may choose:

• a transfer to another available date;
• a credit for future use; or
• a refund of the amount paid to us for the cancelled experience.

If you accept a materially different replacement experience, any price difference will be refunded or payable as applicable.

Subject to rights that cannot be excluded by law, we are not responsible for independently booked flights, accommodation, transport or other consequential costs arising from a cancellation outside our reasonable control. Travel insurance is recommended.

15. Weather

Rain, cold, mud or changing conditions do not necessarily result in cancellation. We will determine whether an experience can operate safely.

Customers should arrive prepared for the forecast conditions. We will advise what clothing or equipment is supplied and what participants must bring.

If we determine that conditions are unsafe, section 14 will apply.

16. Minimum numbers

Minimum departure requirements depend on the experience booked:

• Can-Am Express: no minimum guest booking number applies.
• Can-Am Express Plus: a minimum of four guests or two buggies applies.
• Can-Am Half Day and Full Day: no minimum guest or buggy numbers apply, but the full charter price for up to 10 guests is payable, regardless of the number attending.

If the minimum for Can-Am Express Plus is not met, we may offer another departure, an alternative experience, a credit or a refund in accordance with section 14. We will give as much notice as reasonably practicable.

17. Gift vouchers

Unless stated otherwise:

• purchased gift vouchers are valid for at least three years from the date of sale, with the expiry details prominently shown on the voucher;
• bookings are subject to availability;
• vouchers cannot be exchanged for cash;
• lost or stolen vouchers may only be replaced if we can verify the original purchase and unused balance;
• promotional vouchers may be subject to additional restrictions disclosed when issued; and
• if the selected experience costs more than the voucher value, the difference must be paid.

Gift vouchers will be administered consistently with applicable New Zealand law, including statutory minimum expiry requirements where those requirements apply.

A six-month validity period may apply only to a voucher that is lawfully outside the statutory minimum-expiry rules, with the expiry clearly disclosed when issued. It does not apply to ordinary purchased gift vouchers.

18. Photography and personal belongings

You are responsible for your personal belongings. Items taken on an off-road experience may be exposed to water, mud, dust, impact or loss.

To the extent permitted by law, we are not responsible for damage to or loss of personal belongings unless caused by our failure to exercise reasonable care and skill.

Casual personal photography is permitted for non-drivers throughout the experience and for drivers only while they are not driving, subject to guide instructions and safe use of equipment. Drivers must not use cameras, phones or other devices while driving.

Any photography or video captured by us, and any promotional use of identifiable imagery, will be managed in accordance with our Privacy Policy and the required consent.

19. Consumer rights

Our services come with guarantees under the Consumer Guarantees Act 1993, including that services will be carried out with reasonable care and skill and be reasonably fit for an agreed purpose.

The Fair Trading Act 1986 also prohibits misleading or deceptive conduct and regulates unfair terms in standard consumer contracts.

Nothing in these terms excludes, restricts or modifies a consumer right or remedy where doing so would be unlawful.

Where services are acquired for business purposes and it is fair and reasonable for the parties to contract out, the parties agree that the Consumer Guarantees Act may not apply to the extent permitted by section 43 of that Act. This business-use exclusion does not apply to ordinary consumer bookings.

20. Liability

To the maximum extent permitted by law:

• we are not liable for loss caused by your failure to follow instructions, disclose relevant information or meet participant requirements;
• we are not liable for loss caused by events outside our reasonable control, except where the law provides otherwise;
• we are not liable for indirect or consequential loss that was not reasonably foreseeable; and
• you remain responsible for loss or damage caused by your unlawful, deliberate, reckless or seriously negligent conduct.

Nothing in this section limits liability for:

• death or personal injury to the extent liability cannot legally be excluded;
• fraud or wilful misconduct;
• a breach of a statutory duty that cannot be excluded; or
• any remedy available under the Consumer Guarantees Act or other applicable law.

Where the law permits liability to be limited, any limitation must be applied fairly and in light of the circumstances, the loss suffered and the amount paid for the relevant service.

21. Complaints

If you have a concern, please raise it with our team as soon as possible so we have a reasonable opportunity to address it.

Formal complaints may be sent to:

Customer-service contact: Jason Buckley, Co-Owner/Director
Email: jason@asdwanaka.nz
Postal address: 42 Anderson Road, Wanaka, 9305, New Zealand

Please include your booking reference, contact details and a clear description of the issue.

Nothing in this process prevents you from exercising any rights available under New Zealand law.

22. Website use

You may use our website only for lawful personal or business purposes.

You must not:

• interfere with the website’s operation or security;
• introduce malicious code;
• attempt unauthorised access to our systems or accounts;
• scrape or reproduce website content on a substantial scale without permission;
• use the website for fraudulent or misleading activity; or
• infringe our intellectual-property rights or those of another person.

We may restrict access where reasonably necessary to protect our website, systems, customers or business.

23. Website information

We take reasonable care to keep website information accurate and current. However:

• images may be illustrative;
• routes, scenery, vehicles and conditions may vary;
• availability may change;
• website content may contain occasional errors; and
• access to the website may be interrupted for maintenance or reasons beyond our control.

Material booking terms, prices and inclusions will be those presented and accepted when your booking is confirmed, subject to any lawful and reasonably necessary operational changes.

24. Intellectual property

The website and its content – including text, photographs, video, graphics, branding and design – are owned by or licensed to Action Sports Experiences and protected by intellectual-property laws.

You may view and download content for personal, non-commercial use. You may not reproduce, modify, distribute, sell or commercially use our content without prior written permission.

“Can-Am” and any other third-party names or marks belong to their respective owners. Their appearance does not imply ownership by Action Sports Experiences.

25. Privacy

Our collection and handling of personal information is governed by our Privacy Policy.

26. Force majeure

Neither party will be responsible for failing to perform an obligation where performance is prevented by an event beyond that party’s reasonable control, subject to applicable consumer law.

Such events may include severe weather, natural disasters, wildfire, flooding, epidemics, government restrictions, road or land closures, civil disruption or major infrastructure failure.

Where a contract cannot be performed, the parties’ rights will be determined by these terms and applicable law, including the Contract and Commercial Law Act 2017.

27. Changes to these terms

We may update these terms periodically.

The terms applying to a booking will generally be those accepted when the booking was made, unless:

• a change is required by law;
• you agree to the change; or
• a reasonably necessary operational change can be made without materially disadvantaging you.

The current website-use terms apply from the date they are published.

28. General provisions

If part of these terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply.

A delay in enforcing a right does not waive that right.

These terms, the booking confirmation and any experience-specific conditions provided before booking form the agreement between you and us.

29. Governing law

These terms are governed by New Zealand law. The New Zealand courts have non-exclusive jurisdiction over disputes relating to these terms or our services.

30. Contact details

Action Sports Experiences

Legal entity: Action Sports Direct Wanaka Limited
NZBN: 9429047709607
Business address: 42 Anderson Road, Wanaka, 9305, New Zealand
Customer-service contact: Jason Buckley, Co-Owner/Director
Email: jason@asdwanaka.nz
Experience meeting point: 1653 Cardrona Valley Road, Cardrona, New Zealand
Arrival: 30 minutes before your scheduled experience start time.