Ownership
The trademarks, logos and service marks (“Marks”) used in this website are exclusively owned and operated by Flyadriatic Limited (“Flyadriatic”) or our partners. The use of, or reproduction of these marks or content without prior written consent from Flyadriatic is prohibited. To the maximum extent permitted by law, Flyadriatic disclaims all and any liability to any damage or loss resulting from use or reliance on the information contained in this site. This site may be suspended and amended at any time by Flyadriatic.
Use of this site
This site and the information provided is directed solely at those who travel from New Zealand to Europe. You shall use this site only for the purpose of making reservations or purchases and agree to providing legitimate contact information, not limited to, but including e-mail address, delivery address, telephone number(s) passport and passenger details. All commercially reasonable efforts will be made to keep this site available 24hrs per day, 7 days per week subject to any scheduled and unscheduled downtime for maintenance and system outages. Use of this site may also require you to register and provide certain data. In consideration of Flyadriatic allowing you to use the site, you warrant that the information you provide is true, accurate, current and complete.
Age
By using this site, you confirm that you are of legal age to use this site and to create binding legal obligations for any liability you may incur. You understand that you are financially responsible for all transactions on this site, and for the information you provide.
Changes and Cancellations
Terms and conditions for changes and cancellations for bookings purchased from Flyadriatic, will vary depending on the airline and type of airline ticket you have purchased. These terms and conditions will be notified to you in writing. Some airline tickets are non-refundable and others will permit changes and cancellations with payment of a penalty fee to the airline. Where a Flyadriatic service fee is also charged, this fee is non-refundable. All penalty fees and service charges will be notified in writing at the time of your booking. In addition to the terms and conditions imposed by the airline, the following change and cancellation fees will apply for all bookings made with Flyadriatic.
Fee for changes (applicable before or after departure)
a) If the ticket has not been paid and no ticket has been issued: Free of charge
b) If the ticket has been paid and the ticket has been issued: Fee* as notified in your written quote per date change or routing change for adult and child + any airline fees applicable
* No fee for infant
Fee for cancellation (applicable before or after departure)
a) If the ticket has not been paid and no ticket has been issued: Free of charge
b) If the ticket has been paid and the ticket issued: Fee* as notified in your written quote for adult and child + any airline fees applicable.
*No fee for infant
Changes made by the airline
It may happen that airline providers will impact your confirmed travel reservation with a schedule change, time change or flight cancellation. Unavoidable or extraordinary circumstances can cause airlines to make changes including but not limited to war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity, plague, epidemic, pandemic, infectious disease or any other public health issue, natural disaster (such as volcanic ash, hurricanes, flooding or similar events) nuclear incident, fire or bushfires, snow, fog, closed airports including runway repairs, changes to travel advisories and restrictions, changes to health advisories, rescheduling of aircraft (including aircraft maintenance and manufacturer warnings and advices) and government mandates.
If your booking has been materially impacted by a change made by the airline, Flyadriatic will not be held responsible for the impact of this change, but will work with you to find alternative arrangements. A service fee will be charged and quoted to you in writing.
Service Fee: Where a Flyadriatic service fee is charged, this fee is non-refundable.
Refund Policy
We are unable to provide a refund to you until we receive the funds from the airline. Refunds of airline tickets can take a significant time to be processed by the airline and Flyadriatic is unable to advise a fixed time. Flyadriatic is not responsible for any delays in refunds from the airlines. Any refunds will be paid back to your nominated bank account minus any refund fee, credit card surcharge (if applicable) and Flyadriatic service fee. Cancelled airline tickets may incur charges from both Flyadriatic and the airline and in some cases you will not be able to claim a refund, as per the rules of the airfare you have purchased. You agree that any fees will be deducted from the final refund amount paid. Flyadriatic does not take payment directly for any travel insurance policies purchased. In this case, the refund policy of the travel insurance provider will apply.
Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE STATUTORY WARRANTIES BELOW, FLYADRIATIC MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING THIS SITE, PRODUCTS OR SERVICES ON THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS ONLY. FLYADRIATIC DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND, SUBJECT TO THE STATUTORY WARRANTIES BELOW, EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF NEW ZEALAND. FLYADRIATIC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM FLYADRIATIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Statutory Warranties
Certain legislation (including the Trade Practices Act 1974) may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to any such statutory provisions. If such statutory provisions apply, to the extent to which FLYADRIATIC is entitled to do so, the liability of each will be limited at their option to:
(a) in the case of supply of goods, the replacement of the goods or supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of the cost of having the goods repaired or the repair of the goods, and
(b) in the case of services, the supply of the services again, or the payment of the cost of having the services performed again.
Copyright
The contents of this web site are the sole property of Flyadriatic. Any unauthorised use is strictly prohibited. All title, ownership rights and intellectual property rights including copyright, rest with Flyadriatic.
Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, FLYADRIATIC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.
IN NO EVENT SHALL FLYADRIATIC BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY FLYADRIATIC LIMITED EVEN IF FLYADRIATIC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, not withstanding the foregoing, Flyadriatic should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, to the full extent permitted by law the combined aggregate liability of Flyadriatic shall in no event exceed the value of the goods and services purchased by you that are the subject of the dispute or NZ$1000.00, whichever is lower. Further, Flyadriatic’s liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage. In its sole discretion, in addition to any other rights or remedies available to Flyadriatic without any liability whatsoever, Flyadriatic may, at any time and without notice, terminate or restrict your access to and/or of any component of this site.
Indemnification
You shall defend and indemnify Flyadriatic and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation, reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.
Links
This site may contain links to other web sites which are not maintained by Flyadriatic and which are provided solely as a convenience to you and not as an endorsement of the contents of such other web sites (whether express or implied) by Flyadriatic. Flyadriatic has not reviewed all of the linked web sites and shall not be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to link to other web sites, you do so at your own risk and subject to the terms and conditions (if any) of the linked web site and in particular, its own set of privacy policies that you are advised to review.
Similarly, other web sites may also link to this site. Any third parties that wish to establish links with this site should obtain the prior written consent of Flyadriatic to do so and Flyadriatic reserves the right to deny permission for any such links to the site. In particular, no third parties shall deep link to any page other than the Home page of this site without obtaining the prior written consent of Flyadriatic to do so. If, however, Flyadriatic gives its permission for any such links, Flyadriatic is not under any obligation to establish reciprocal links with the third party.
Relationship
The relationship between Flyadriatic and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Governing Law and Jurisdiction
The terms and conditions, its performance and all disputes arising out of or in connection with the terms and conditions shall be governed by the laws of New Zealand. You hereby consent and submit to the non-exclusive jurisdiction of the New Zealand Courts in all questions and controversies arising out of or in connection with the terms and conditions, its performance and your use of this site.
Legal Fees and other Legal Expenses
If Flyadriatic or any of its affiliates take any action to enforce the terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all legal fees and expenses and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Injunctive Relief
You acknowledge that a violation or attempted violation of any of the terms and conditions will cause such damage to Flyadriatic as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Flyadriatic shall be entitled as a matter of right to an injunction (including a temporary injunction) issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Flyadriatic in obtaining such an injunction, including, without limitation, all legal fees and expenses.
Termination
Flyadriatic may terminate the terms and conditions and/or the provision of any of the products and services at any time for any reason, including any improper use of this site or your failure to comply with the terms and conditions. Such termination shall not affect any right to relief to which Flyadriatic may be entitled, at law or in equity. Upon termination of the terms and conditions, all rights granted to you will terminate and revert to Flyadriatic and its third party providers or distributors, as applicable.
Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Modification
Flyadriatic may at any time modify any part of the site, including the products and services and the terms and conditions at its sole discretion without prior notice and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. Flyadriatic also reserves the right to deny any person access and use of the site at any time.
Agent
Flyadriatic acts as an agent only. We sell various travel related products on behalf of airline providers and their code share partners. Flyadriatic’s obligation is to make travel bookings on your behalf and to arrange airline tickets between you and the airline service providers and by the terms and conditions applied by them. We have no responsibility for these services nor do we make any warranty or representation regarding their standard. If for any reason, any of the airline service providers is unable to provide the services for which you have contracted, your legal recourse and remedy lies against the relevant airline, not Flyadriatic.
Travel Information
Our website displays information about travel, airfares, airline products or services and travel insurance. We accept no responsibility for information supplied to us by third parties. We recommend you confirm all information contained on or linked from our website with the third party provider.
You are responsible for obtaining all passport, visa and health information required. We will assist you to obtain such information; however, the final responsibility for obtaining the necessary information and complying with any passport, visa and health requirements remains with you.
Airfares and Prices
All prices displayed on the website are subject to change without notice. This is because the airlines and other third party providers may change the prices at any time. Special conditions may apply to the prices set out on the website. To determine such conditions, you must contact us or the relevant third party provider. All prices are subject to availability and can be withdrawn or varied without notice. Prices quoted are subject to change at any time until full payment is received and tickets issued and we reserve the right to correct any pricing errors or omissions. Prices are in New Zealand dollars (NZD) per person unless otherwise stated.
Suitability of the travel products and services
We do not represent that any travel products and services set out on our website will be suitable for you. You release us from any claims in relation to the travel products and services described on our website, including but not limited to claims that the travel products and services are not suitable.
Specials
The rules in this clause apply to “specials” displayed on our website. The site rules set out above also apply to “Specials”.
“Specials” are available for a limited time. You must check with us whether a “special” displayed on our website is still available. There may be particular terms and conditions that apply to “specials”. You must contact us or the third party provider of the “special” to determine whether any particular terms and conditions apply. You must pay for “specials” booked by you and confirmed by us within 48 hours of booking confirmation, unless otherwise agreed by us in writing. Failure to pay for the “special” within this time may result in cancellation of the booking. We accept no responsibility for loss incurred due to cancellation in these circumstances.
Method of Payment
Prices are valid for payment by bank transfer to our account or by credit card (Visa, Mastercard or American Express only). Payment by bank transfer must reach us in full, prior to the date as advised in writing. If you pay by credit card, you agree that you will not seek to charge back your payment to Flyadriatic and indemnify us for any loss suffered as a result. Travel documents will not be issued until full payment in cleared funds is received.
Taxes
Certain taxes are mandatory in various countries. There may also be an additional local tax charged at some airports. All taxes are subject to change without notice.
Travel Insurance
Travel insurance is your responsibility. The Ministry of Foreign Affairs and Trade strongly recommends you obtain travel insurance at the time you pay for your travel. Failure to obtain travel insurance is at your own risk. When obtaining travel insurance you must declare all pre-existing medical conditions and any adventurous activities, e.g. skiing, scooter hire, etc.
Frequent Flyer
Not all airfares are eligible for frequent flyer miles or point accrual. It is your responsibility to check eligibility for your airline program with Flyadriatic. If provided with your frequent flyer details, we will pass these details on to the relevant airline(s) but cannot guarantee that the airline(s) will credit miles or points for your booking. It is your responsibility to retain all boarding passes and ticket copies to allow verification of your travel if required or if miles are missing from your account.
Passport and Visas
It is your responsibility to ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Such responsibility may include additional restrictions, requirements or be invalided if you have any criminal convictions and/or contagious diseases. If your passport is damaged, does not have sufficient pages for any required visas and/or entry stamps gained en route, is not machine readable or not valid for at least 6 months from the date of return you may not be able to travel. Any loss, fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. All passengers must have a valid passport for international travel.
Entry to the USA/Canada for all eligible nationals of the Visa Waiver Program (VWP) require an Electronic System for Travel Authorisation (ESTA). To find out if your passport allows you to travel under the VWP, please refer to the following website: www.esta.cbp.dhs.gov/esta/
You will be unable to enter the USA/ Canada under the VWP unless you have obtained an ESTA at least 72 hours prior to travel. It is your responsibility to ensure that you get ESTA prior to travel.
Travel Advices
You must assess the risks associated with your chosen destination through the Safe Travel website: www.safetravel.govt.nz and ensure that you are fully aware of any health and safety risks associated with your chosen destinations.
Travel Documents
Travel documents include, without limitation, airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a service provider. Travel documents may be subject to certain conditions and/or restrictions including, without limitation, being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. All travel documents are non transferable. All airline tickets must be issued in the name of the passport/photo identity holder, some carriers will deny carriage if the name or title on the ticket varies from the passport and the booking may be cancelled. Any errors in names on your documentation will be your responsibility if you do not advise us in writing at the time of booking.
Health
It is your responsibility to ensure that you are aware of any health requirements for your travel destinations and to ensure that you carry all necessary vaccination documentation.
Monies not held on Trust
All monies paid by you to us will be the property of Flyadriatic and will be a debt due and payable to the travel service provider once the services to which the money relates have been provided. You agree and acknowledge that such monies will not be held by Flyadriatic on trust for and on behalf of you and Flyadriatic may hold such monies in any account as it sees fit, including with its own and/or other customer monies.
Opt in and Opt out
If you subscribe to the Flyadriatic newsletter and special deal alerts, you are confirming that you would like to receive electronic communication from us. You will only be sent e-mails containing the monthly newsletter and regular special deal alerts and your details will not be sent onto third parties for advertising or promotional purposes. You will be asked to “opt in” via a confirmation e-mail sent to your nominated e-mail address as part of the registration process. E-mails sent to you regarding the newsletter and special deal alerts are free of charge. If you wish to unsubscribe to the e-mail service, please click on the “unsubscribe” button at the bottom of the e-mail. You can also send an e-mail to: info@flyadriatic.co.nz
Consumer Guarantees Act
The guarantees under the Consumers Guarantee Act 1993 will apply to services supplied by Flyadriatic. Where you purchase or hold yourself out as purchasing our services for the purpose of a business, the provisions of the Consumer Guarantees Act will not apply to the supply of such services.
Accuracy of Information
Whilst every effort is made to ensure the accuracy of all information and prices displayed on the website, errors may occur from time to time. In the event that an incorrect price has been offered in error, any booking made based on the incorrect price will not be valid. You will be advised of any such mistake at the earliest opportunity whereupon you will have the option to pay the correct price or to cancel and receive a full refund of any monies already paid by you.
Company and Contact
Flyadriatic is a New Zealand registered company, operating in Auckland. For any questions, please contact us.
Flyadriatic Limited
E-mail: info@flyadriatic.co.nz
Telephone: +64 9 215 6219
Mobile: +64 21 353 055
Company number: 3920559
GST: 109-549-460
Feedback
We welcome any feedback you may have regarding this site or these terms and conditions. If you have any questions or queries, please e-mail: info@flyadriatic.co.nz