TERMS AND cONDITIONS
TERMS OF SERVICE BETWEEN ROGUE PONY LIMITED (“We” or “Rogue Pony”) and CUSTOMER (“you” or “passenger”).
By submitting a booking through our website, you agree to be bound by these terms and conditions.
Please be on time for your pickup at the taxi rank outside the Maritime Building, Marsden Road on the waterfront in Paihia central. If you are not there on time, we may have to depart without you given we have other bookings. If we are able to wait, we reserve the right to alter the tour itinerary / destinations / routes to suit.
May vary due to traffic, weather or you generally having a great time. Please allow extra time at the end of your trip for us arriving back late. If you have a specific appointment that you need to be back for let us know and we will do our very best, but we cannot accept any liability if we are unable to do so.
Itineraries / Trip destinations / routes – are a guide only, and while we generally do our best to stick to them we do reserve the right to change them where we consider it necessary or desirable.
Each Jeep can take 4 passengers, with three across the back seat so it can get friendly. The Mustang can take a single passenger on a special outing. The colour of your vehicle may vary depending upon availability. While there may be some room for you to bring personal effects and small items of luggage with you, we cannot guarantee that, and recommend that you leave all luggage and unnecessary personal items in a safe place.
For your enjoyment please be aware these trips are in convertible vehicles, you hair may fly around. The Jeeps are taller than your average vehicle and some climbing is required and a reasonable level of strength is advisable. Entering and exiting may get a little undignified but it is manageable for most people. Sun protection clothing and/or sunscreen is recommended. We do traverse dusty gravel roads so you may get a little dirty brushing up against the jeeps while getting in or out, we recommend you don’t wear your Sunday best. We do regularly clean our vehicles but we cannot accept any liability for marked or stained clothing suffered during a tour.
You will be responsible for yourself, your property and any dependents or guests that you bring with you as part of your booking. If you leave something behind, please let us know as soon as possible and we will try our best to find it for you, but we cannot accept liability for lost property. Rogue Pony accepts no responsibility for any damage or loss of passenger property during the duration of the tour
If your tour has a stop in one of the kauri forests we follow the Department of Conservation guidelines and you will be required to clean and treat all footwear to help prevent contamination of the forests with kauri die-back.
Young Passengers (ages 0 – 15 inclusive)
- All children in Jeeps must be accompanied by at least one adult older than 18 years.
- In Jeeps all children must use the standard adult seatbelts provided. This is the responsibility of an adult passenger.
- Each Jeep has two half booster car seats suitable for children 15kg to 36kg to help with seat belt fitment. If you have children smaller than this, you will need to provide suitable and legally compliant car seats for them in order for the ride to proceed.
- Mustang rides for younger passengers require the permission of an adult who is present at the start of the ride. The passenger must be able to safely and legally use an adult seat belt.
Cancellations by person booking
- More than 24 hours before trip start will be issued with a transferrable Gift Certificate to the value of the booked trip.
- Less than 24 hours before trip start are not eligible for any refund.
Cancellations by Rogue Pony
- Rogue Pony reserves the right to cancel any trip for reasons of an operational nature, weather related or natural disaster.
- Rides that are cancelled by Rogue Pony for these reasons will be eligible for a full refund, issue of a Gift Certificate or moved to another suitable date by agreement with the person booking.
- Rogue Pony reserves the right to decline or reject any passenger before or during any tour whose behaviour they deem to be in breach of the conditions set out in these terms. No refund, gift certificate or re-booking will be given in such circumstances.
- While we are all about fun, all passengers must act respectfully and lawfully at all times.
- Passengers are required to follow the lawful and reasonable instructions of the driver at all times for the safety and enjoyment of everyone. Don’t worry, we will not tell you to jump into a river!
- All passengers are required to not be under the influence or impaired by alcohol or drugs. The driver will not allow any passengers that are intoxicated or totally hammered.
- Passengers are responsible for any damage they or their guests or dependents cause to the vehicles, any cleaning costs for ‘messes’ created and loss of revenue if a subsequent booking has to be cancelled. Please be careful someone needs to go for a ride after you.
- The driver will not be influenced to break any laws or road rules. Our licence is how we make our living.
Booking and Payment
- Our secure booking system is provided by Rezdy, a third party provider and your booking details will be stored by them.
- All prices and transactions are in New Zealand Dollars (NZD). You are responsible for any exchange rate differentials and bank charges when paying in other currencies (e.g. if you are paying with a non-NZD credit card).
- Refunds will be in New Zealand dollars and do not include any amount for bank charges and any applicable exchange rate differentials.
- We accept Visa & Mastercard and use PayPal as our secure payment provider. Rogue Pony does not store your credit card details but they are retained by our provider and relate to your booking.
- Rogue Pony may charge the credit card provided by a passenger for any outstanding fees or costs due to Rogue Pony under these terms and conditions (for example, where the passenger has caused damage to one of our vehicles.
Photos and Video
Rogue Pony staff may take photos and/or video of you during your time with us. These are the property of Rogue Pony and we can use them on any medium to promote our business such as on our web site or in social media. You will need to contact us in writing prior to the trip if you do not want pictures of yourself used on any medium. You are welcome to take as many photos/videos as you like for your own collection.
Complaints or issues
While our goal is always to provide you with a fun, safe and enjoyable tour, should you wish to raise any issues about your tour we ask that you do so within one week of the tour.
We do not accept liability for any accidents causing injury or death. It is recommended international visitors carry appropriate insurance covering any injury or death while in New Zealand. Domestic and international customers may have rights to claim for injury or death under the New Zealand ACC scheme.
New Zealand Law
These terms of services are to be read in conjunction with the provisions of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, and do not affect the passenger’s rights as expressed in those Acts. These terms and conditions are governed by and construed according to the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of that jurisdiction in respect of any dispute or proceeding arising out of the same.
The information below applies to personal information (information about an identifiable individual) we collect about you when you visit and browse our website.
When you visit our website, we collect some non-personal information, such as the IP address from which you accessed this website, the date and time you are visiting, the pages you accessed, the type of browser and operating system you use, and terms you use to search for content on our site. This information cannot be used to personally identify you. We use it for the purposes of system administration, auditing use of the site and improving it for different customer profiles, and for our internal reporting.
If you choose to provide us with personal information such as your email address, for example by filling out an electronic query, we will use the information only for the purposes that you authorise it to be used for. We will send you email marketing to that email address if you agree to us doing so. If you wish to unsubscribe from any email marketing communications you have previously agreed we can send you, you can follow the unsubscribe instructions in the email.
When you provide us with personal information, we are obliged to comply with the provisions of the Privacy Act 1993 (the “Act”). We will collect, hold, use and disclose that information in accordance with the principles set out in the Act. This means we will:
- use personal information only for the purpose we collect it for;
- retain that information only for so long as necessary to fulfil the purpose for which we have collected it; and
- disclose or release it to a third party only where we are required to or we are permitted by law to do so, if you have authorised the release or disclosure, or where it is the purpose (or a directly related purpose) for which the information was collected.
If you think we have breached the Act or you would like to find out more about our obligations, information is available on the Privacy Commissioner’s website at www.privacy.org.nz.
If you wish to inquire about personal information we hold about you (if any) you can contact us.
The information we provide on the website is provided to you in good faith. However, it is an introduction to the tour services we provide only. If you book and pay for tour services from us then at the time you place an order with us, you will be making an offer to purchase those tour services. We can accept or decline that offer in our discretion. Where we accept your offer, the terms and conditions set out above will apply.
While we will do our best to make sure that the website is available, we cannot guarantee that it will always be uninterrupted or that your access will be error-free, or that any files available for download will be error-free or free from viruses, faults or defects.
Links or references to other websites are provided for your convenience only. Other websites are not under our control. We have not reviewed them and we do not endorse or assume responsibility for the contents of any other website.
If you wish to link to this website, you should request our permission. To do so, contact us. You must not do anything which alters our website or interferes with how it works.
Unless otherwise shown, we own all the copyright and other intellectual property rights on the material on this website. The material on this site is subject to copyright except where it is otherwise noted. You can use the material for your own personal, non-commercial use provided that you acknowledge the source of the material and that you do not remove any copyright, trade mark or other intellectual property notices contained in the content, but you must not use the material in a misleading way.
However, you must not use any of our trade marks in any other way without our permission.
Changes or updates to the content of this website may occur at any time. These terms may be changed or updated from time to time. Changes may take the form of completely new terms. We will post any changes on this website; any change applies from the date it is posted.