Terms & Conditions
Arataki Dive Terms & Conditions
Liability and Indemnity
Passengers travel at their own risk (to the extent permitted by law) and Arataki Dive is not responsible for any loss, damage, cost, expense or injury suffered by clients or loss or damage to a client’s property.
Without limiting the foregoing, the following conditions apply. In respect of all clients, Arataki Dive is not liable for any loss, damage or delay caused by or arising from an event beyond the control of Arataki Dive, including any act of God, inevitable accident, riot, civil commotion, strike, lock-out, stoppage or restraint of labor, regardless of the cause and whether partial or general. Arataki Dive does not warrant that our services are available at any particular time or at all. Arataki Dive is not liable to a client or any other person for any loss or damage as a result of a cancellation or any variation of the time of arrival or departure from any stop of any vehicle, for damage to any property of a client or for the death of any client or other person or for injury, harm, disease or damage to health, whether physical, mental or otherwise (including mental or nervous shock or distress) suffered by a client or any other person. The client indemnifies Arataki Dive at all times against any loss, damage or cost suffered or incurred by Arataki Dive as a direct or indirect result of a breach by the client of its obligations under these terms and conditions.
Insurance
All passengers are strongly advised to purchase comprehensive travel insurance that includes trip delays due to weather, cancellation, evacuation, possible loss of personal belongings & medical cover. In a medical emergency, any; evacuation, vessel relocation, medical or other expenses are the financial responsibility of that passenger. It is the passengers responsibility to ensure their insurance policy covers all potential activities.
Charter Changes
Arataki Dive reserve the right to change locations, prices, vessels, transport and itineraries due to unforeseen circumstances and without notice, but with full consideration of your safety and your circumstances.
Arataki Dive may vary, cancel wholly or vary the point at which we will pick up and set down clients. The skipper determines the vessels location and itinerary, depending on weather conditions, technical issues, client interests, fishing location and sand-fly density.
Payment policy
A 20% non-refundable deposit is required to confirm a booking. For a charter this is 20% of the charter rate (excluding transfers). For a 'join-a-group' this is 20% of the per person rate. By paying a deposit, those named on the invoice are agreeing to Arataki Dive terms and conditions in full.
Full payment of invoice must be received two months prior to trip departure date.
Cancellations & Refunds
Arataki Dive reserves the right to cancel any departure at any time due to unsafe weather conditions or unforeseen vessel maintenance. In the event of a departure being cancelled by Arataki Dive prior to departure, due to unforeseen vessel maintenance clients are eligible for a 100% refund.
If a departure is cancelled before or during an expedition due to unforeseen circumstances, adverse weather affecting client safety and comfort, unforeseen operational reasons or any other issue outside of Arataki Dive control, clients are eligible for a credit for unfulfilled days valid for 24 months.
Arataki Dive needs to be notified in writing of all cancellations. We realise circumstances can change and we will work with you through any situation that might arise but the standard cancellation and refund policies will be the default.
20% (your deposit) is non-refundable and bound to your booked date range.
If you cancel within two months of departure a 100% cancellation fee applies and no refund is given.
There will be no refund of any part of your trip cost should you fail to arrive at a scheduled trip departure time. Trip departures may not be delayed due to passenger circumstance – including events beyond your control, medical problems, airline delays, weather etc. If other transport is required to get you to the vessel due to you not arriving before the scheduled trip departure time, this will be at your cost.
Pricing
All prices are advertised in New Zealand dollars (NZD) and are inclusive of GST.
'Join-a-group' prices are set at a per person rate including transfers to/from the vessel.
Charter rates are quoted for the hire of the vessel & crew over a 24 hour period (midday - midday) & transfers to the vessel are quoted separately. While the transfer costs to/from the vessel will be paid to Arataki Dive we do not control the pricing as it is contracted to a third party.
Unless otherwise specified, current prices are valid until 31st October of the current calendar year and may change without notice.
The quoted price is based on the costs, exchange rates, duties and taxes etc as known to Arataki Dive at the time the prices are set.
Arataki Dive reserves the right to increase the agreed price on the grounds of unforeseeable increases in the cost of expedition, including but not limited to increases in the price of fuel and supplies, currency fluctuations affecting Pure Salt NZ's costs, increases in government taxes or levies, staff costs or increased security costs.
If Arataki Dive considers a price increase necessary, clients will be informed, in writing, at least 60 days before the departure date. If the fare increase totals more than 20% of the initially agreed price, the booking may be cancelled and a full refund may be given.
Unforeseen events & Force majeure
Except where otherwise expressly stated in these conditions Arataki Dive will not be liable or pay any compensation if contractual obligations to our clients are affected by unavoidable and extraordinary circumstances which Arataki Dive could not avoid even taking all reasonable measures. These events can include but are not limited to war, the threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, disease and pandemics, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned control. Arataki Dive will advise all parties concerned of the cancellation of a departure due to unavoidable, extraordinary circumstances as soon as we can.
Paperwork
At least two months prior to the start of your expedition with Arataki Dive, all persons are required to fill out our client information sheet. Only those who have completed required forms may join an expedition with Arataki Dive. No form no expedition. For children, this form must be filled in and signed by a parent or guardian. All questions must be filled out honestly, as this is a legal document.
Health & Safety
Health, safety and comfort are Arataki Dive primary concern. Prior to departure, the skipper and crew gives clear safety instructions and a vessel induction. Clients should listen carefully and comply with all aspects. In the unlikely event of an emergency, clients must obey all instructions from the Arataki Divecrew. New Zealand has a ‘no fault’ government-backed medical injury treatment scheme administered by the Accident Compensation Corporation (ACC). Under ACC legislation, clients are prevented from suing the operator for any mishap or misadventure. Should there be a medical incident or injury Arataki Divewill do everything in its power to organise prompt medical assistance. In the case of injury the cost of that assistance will be borne by the ACC scheme.
All clients while onboard with Arataki Dive must:
- Act in a safe and reasonable manner - Cooperate with, and observe all instructions from Arataki Divestaff - Follow all signs and notices
- Report any new hazards or observations to crew, skipper or management
- Not interfere with or use emergency equipment except in an emergency
- Not behave in an unsafe, noisy, violent or antisocial manner
- Not litter or tamper with or damage any property of Arataki Dive
- Have a sense of humour
- Considered themselves competent in the use of common sense
Kayaking, Paddle-boarding, Snorkelling & Tender
All clients must wear an approved life jacket or exposure suit in accordance with weight. Arataki Divereserves the right to cancel or modify any Kayaking, Paddle-boarding, Snorkelling or Tender trip due to unsafe weather conditions. In the event of a Kayaking, Paddle-boarding, Snorkelling or Tender trip being cancelled by Pure Salt, clients will not receive a refund. We will just go and find another location or try again when the weather allows.
Detailed risk management and strict safety procedures are observed, however there still remains an element of risk. Risks in and around the water include extreme weather and water conditions that can change rapidly, cold water and limited landing sites. Arataki Dive accepts its legal responsibilities but cannot be held responsible for personal injury or loss, theft or damage to client’s belongings outside of any legal liability. Arataki Dive cannot absolutely guarantee client safety. All clients will be required to read and agree to our liability/ risk waiver form to this effect before commencing a charter with Arataki Dive. Clients on Kayaking, Paddle-boarding, Snorkelling or Tender trips must follow instructions and adhere to safety requirements.
Alcohol
No alcohol may be consumed prior diving activities. It is your responsibility to supply your own alcohol, as Arataki Dive does not supply alcohol.
Model release
This section is simply to outline that we may take photos and video during your charter for marketing reasons. Arataki Dive and or the photographer/videographer hold unrestricted right to use and publish photographs of your departure (in which you may be included), for editorial, trade, advertising, and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without you inspection or approval. While we will take all practical steps to consult with you prior to publishing any imagery that you feature in, this cannot be guaranteed. Please advise us in advance if you do not wish to be photographed or filmed.