Terms and Conditions
The Air New Zealand Travelcard Account and the use of all Travelcards issued in connection therewith are subject to the following Terms and Conditions.
1. Payment of Travelcard Account and Fees
1.1 Purchase of Services of the type specified in clause 2.1 below to the Account Limit may be debited to the Travelcard Account of the Account Holder. Notwithstanding clause 4 of these Terms and Conditions Air New Zealand may, in its sole discretion, review and alter the Account Limit at any time. Any such alteration will have an effective date as determined by Air New Zealand.
1.2 Air New Zealand reserves the right to retrospectively adjust the amount of charges debited to the Travelcard Account in the event of incorrect entries whether due to our mistake or otherwise.
1.3 The Account Holder agrees to pay to Air New Zealand, in full not later than the 20th day of the month following the date of the invoice, all charges debited to the Account Holder's Travelcard Account without any deduction or set-off whatsoever. Unless otherwise agreed by Air New Zealand, all payments must be made by direct debit to Air New Zealand's nominated bank account as notified by Air New Zealand on or before the due date for payment.
1.4 If Air New Zealand does not receive payment of any statement of charges on the due date for payment specified in clause 1.3 above, Air New Zealand may, at its sole discretion and without prejudice to any other rights or remedies available to it, do any or all of the following:
(i) immediately suspend, for such duration as we determine at our sole discretion; and/or
(ii) terminate the Account Holder's Travelcard Account and the validity of all Travelcards issued in connection therewith; and/or
(iii) charge a Late Payment Fee on the outstanding balance of any Travelcard Account as at the due date and monthly thereafter on the outstanding balance remaining until all monies due have been paid in full; and/or
(iv) charge interest on the overdue balance at the rate of three percent (3%) per annum above the current commercial overdraft rate charged by the Bank of New Zealand. Interest will be charged on a daily basis from the due date until all monies, including interest, have been paid in full.
In addition, all costs incurred by Air New Zealand, including legal costs, administrative time and collection agency fees in recovering or attempting to recover the Travelcard Account balances due (including any Late Payment Fees and interest) will be payable by the Account Holder. Air New Zealand reserves the right to pass details of any account to an outside agency for the purposes of collection of the debt.
1.5 Air New Zealand shall be entitled to set-off any amounts due from the Account Holder against any amounts due to the Account Holder by Air New Zealand or any of its Related Companies. The right to any set-off shall apply irrespective of whether the amounts owed by Air New Zealand or its Related Companies (as applicable) are due to the Account Holder under these Terms and Conditions or the terms of any Other Agreement. This right shall survive the termination of your Travelcard Account and/or cancellation of any Travelcard issued in connection therewith.
1.6 All statements will be sent via email to the email address recorded in your Travelcard Account. Any requests for a paper statement will incur a Paper Statement Fee.
1.7 A schedule of fees current at the date on which these Terms and Conditions were last updated is annexed to these Terms and Conditions. The amount of such fees may be amended from time to time by Air New Zealand in accordance with clause 4.1.
1.8 Air New Zealand reserves the right, at any time, to require the Account Holder to provide a satisfactory payment guarantee upon request.
2. Use of Travelcard Account
2.1 Travelcards are acceptable for the purchase of the following Services:
i) Travel on Air New Zealand and Related Operators;
ii) Carriage of excess baggage in connection with 2.1.i) above;
iii) Koru Valet Parking;
iv) Travel on any other airline who accepts UATP Cards as a form of payment (refer to www.uatp.com for a list of airline merchants);
v) any other services or products that Air New Zealand may announce from time to time as eligible Services;
2.2 In addition to these Terms and Conditions, Air New Zealand's tariffs, Conditions of Carriage and the terms and conditions applicable to the fare type purchased will apply to all travel on flights operated by Air New Zealand (see www.airnz.co.nz) and the applicable supplier's tariffs and terms and conditions will apply to all other Services purchased.
2.3 Each Travelcard is valid for use only during the period stated thereon and remains the property of Air New Zealand at all times. The Account Holder accepts liability for and hereby indemnifies Air New Zealand for all charges made on presentation of Travelcards issued at the Account Holder's request.
2.4 In the event that a card is lost or stolen the Account Holder must notify Air New Zealand immediately by calling 0800737020. If giving notice by phone, Account Holders must confirm the notification in writing within 7 days. Upon receipt of such notice, Air New Zealand will cancel the Travelcard and will take steps to prevent the subsequent honouring thereof. Notwithstanding the foregoing, the Account Holder will be liable for all charges made against the Travelcard Account and any losses arising from unauthorised use of the Travelcard Account prior to Air New Zealand receiving notification except to the extent that such losses are caused by any fraudulent or negligent conduct of Air New Zealand.
2.5 Notwithstanding any other provision of these Terms and Conditions, the Account Holder shall remain liable at all times for the performance or non-performance of its employees, agents, servants, contractors or other third parties that it may use from time to time to manage any aspect of the Travelcard Account and provide related services including, without limitation, booking Services and/or making payment of any statement of charges on the Account Holder's behalf.
2.6 The Account Holder agrees to ensure that each Travelcard Holder is made aware of and complies with the Terms and Conditions relating to the use of Travelcards contained herein.
2.7 The Account Holder shall take all reasonable precautions to keep all Travelcards safe and secure and to prevent misuse of the Travelcard Account. Air New Zealand and other parties accepting Travelcards shall not be responsible to enquire as to whether the holder of a Travelcard has authority to use the Travelcard, except where the Account Holder has advised Air New Zealand in writing of the loss of the Travelcard and such written advice from the Account Holder has been acknowledged in writing by Air New Zealand.
2.8 Where a refund of charges incurred against a Travelcard is permitted under the applicable tariffs, conditions of carriage or other terms and conditions applicable to the Services purchased, the refund will only be made to the Travelcard Account upon surrender of any tickets or other documents issued for the relevant Services and will be subject to such charges for changes or cancellation applicable to the Services purchased.
2.9 Requests to close a Travelcard Account must be made in writing to Air New Zealand with the surrender of all Travelcards. Air New Zealand shall terminate the Travelcard Account within three (3) Business Days of receipt of such request.
2.10 Each Travelcard Account issued by Air New Zealand shall be subject to a minimum annual spend requirement of NZD$20,000. If the total annual spend on Services is less than NZD$20,000 during any consecutive twelve month period, Air New Zealand reserves the right to close the Travelcard Account, and cancel all Travelcards issued in connection therewith.
3.1 In the event that:
(i) the Account Holder or its employees, agents, servants or contractors breaches these Terms and Conditions; or
(ii) any Travelcard Account or Travelcard issued in connection therewith is not used in accordance with these Terms and Conditions; or
(iii) any payment guarantee required by Air New Zealand lapses, expires, terminates or is not provided on request for any reason whatsoever; or
(iv) the Account Holder supplies any incorrect or misleading information to Air New Zealand in connection with its Travelcard application; or
(v) becomes the subject of bankruptcy proceedings, is placed in receivership or judicial administration, goes into liquidation or becomes subject to a similar legal process, ceases to carry on its business or takes any action for the purposes of preparing for or giving effect to any of the foregoing events;
Air New Zealand may, in addition to any other remedies available to it, suspend or terminate the Travelcard Account, and the validity of Travelcards issued in connection therewith, at any time and without notice.
3.2 Notwithstanding clause 3.1, Air New Zealand may terminate the Travelcard Account and the validity of Travelcards issued in connection therewith at any time, without prior notice and without giving a reason for doing so.
3.3 Upon termination of their validity (other than by expiry) all Travelcards shall be returned immediately by the Account Holder to Air New Zealand and the Account Holder will be liable for all charges debited to the Travelcard Account up to the date of termination in accordance with these Terms and Conditions and the outstanding balance of the Travelcard Account shall become immediately due and payable.
4.1 Air New Zealand may in its sole discretion alter, amend or vary any or all of the Terms and Conditions herein upon giving thirty (30) days notice to the Account Holder of such alteration, amendment or variation. Notice of any alterations, amendments or variations may be given by such method as Air New Zealand chooses including by notice sent to the Account Holder with the monthly statement, or by publishing the changes on our website, http://www.airnewzealand.co.nz/aboutus/travelcard/default.htm ("Website"). Without limiting the foregoing, by providing us with an electronic mailing address, you authorise us to send notice of any alterations, amendments, or variations to you using that electronic mailing address. Presentation of a Travelcard following the expiry of such a notice will constitute acceptance of the alterations, amendments or variations of the Terms and Conditions specified therein. (Our Website has all the current Terms and Conditions and schedule of fees)
5. Financial Service Providers (Registration and Dispute Resolution) Act
5.1 Air New Zealand is a member of the Financial Services Complaints Limited (FSCL) dispute resolution scheme.
5.2 We are committed to providing a high level of customer service and our responsibilities under the Financial Service Providers Act ("the Act") mean that we have robust internal customer complaint and resolution processes in place. If you are dissatisfied with any aspect of Air New Zealand's Travelcard product or service or our complaints-handling process itself please contact us so we can rectify the situation. You may contact us to make a complaint by phone on 0800 737 020, email firstname.lastname@example.org or in writing, Travelcard Administration, Private Bag 92007, Auckland 1142, New Zealand.
5.3 Under the Act we have 40 days to respond to your complaint. If you are not satisfied by our response, you may refer the matter to FSCL by emailing email@example.com or calling FSCL on 0800 347 257. Full details of how to access the FSCL scheme can be obtained on their website www.fscl.org.nz. There is no cost to you to use the services of FSCL.
6.1 Upon notice to the Account Holder, Air New Zealand may assign this agreement, or any of its rights or obligations, to a third party without the Account Holder's prior approval. The Account Holder may not assign this Agreement without the prior written approval of Air New Zealand.
6.2 If part or all of any clause in these Terms and Conditions is illegal, invalid or unenforceable, then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
6.3 No failure, delay, relaxation or forbearance on the part of Air New Zealand in exercising any power or right under these Terms and Conditions will operate as a waiver of such power or right nor will any single or partial exercise of any such power or right nor any single failure to do so, preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms and Conditions.
6.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts in respect of all matters relating to this agreement.
In these Terms and Conditions:
"Account Holder" "You" and "Your" means the person or organisation in whose name a Travelcard Account is held for the use of Travelcard and includes the Applicant.
"Account Limit" means the maximum calendar monthly amount of Services including all fees and charges which the Account Holder, together with all Travelcard Holders, may debit to the Travelcard Account as advised to the Account Holder upon acceptance of the application for Travelcard Account by Air New Zealand and as amended from time to time in writing by Air New Zealand.
"Air New Zealand", "We" and "Our" means Air New Zealand Limited, the issuer of the Travelcard.
"Applicant" means the person or organisation who makes or on whose behalf is made an application for a Travelcard Account for use of a Travelcard.
"Business Day" means 8.30 am to 5 pm Monday to Friday in New Zealand but excludes statutory and public holidays in Auckland;
"Corporate Travelcard" means a Travelcard issued by Air New Zealand in the name of a company or other business organisation including a sole trader, joint venture, partnership, limited liability company, incorporated society, or government entity.
"GST" means Goods and Services Tax charged in accordance with the provisions of the Goods and Services Tax Act 1985 together with any amendments or statute passed in substitution.
"Koru Valet Parking" means the valet and parking services available at Auckland and Christchurch airports for use by Koru members.
"Late Payment Fee" means a fee levied against a Travelcard Account which is overdue. The late payment fee applying at the date these Terms and Conditions were last updated is shown in the annexed schedule of fees.
"Other Agreement" means any agreement other than that set out in these Terms and Conditions between, on the one hand, the Account Holder and, on the other hand, Air New Zealand and/or its Related Companies.
"Paper Statement Fee" means a fee charged by Air New Zealand for paper statement requests. The paper statement fee applying at the date these Terms and Conditions were last updated is shown in the annexed schedule of fees.
"Personal Travelcard" means a Travelcard issued by Air New Zealand in the name of a natural person who is an employee, director or other officer of the Account Holder at the written request of the Applicant or the Account Holder.
"Related Company" means a related company of Air New Zealand, as such term is defined in the Companies Act 1993. Related Companies has a corresponding meaning.
"Related Operator" means a subsidiary of Air New Zealand Limited which is an air operator operating domestic New Zealand or Trans-Tasman flights on behalf of Air New Zealand Limited.
"Services" means those travel and related services which an Account Holder may purchase on presentation of a valid Travelcard as specified in clause 2.1 and amended from time to time by Air New Zealand.
"Terms and Conditions" means these terms and conditions, between Air New Zealand Limited and each Travelcard Holder, including all schedules.
"Travelcard" means a card issued by Air New Zealand to a Travelcard Holder for the use against a Travelcard Account.
"Travelcard Account" means an account against which charges may be debited by presentation of a Travelcard and which is required to be paid by the Account Holder pursuant to clause 1.3 hereof.
"Travelcard Holder" means the person or organisation to whom Air New Zealand issues a Corporate or Personal Travelcard at the written request of the Applicant or the Account Holder.
"UATP Card" means a card issued to a subscriber as part of the programme known as the Universal Air Travel Plan for the purpose of enabling the subscriber to purchase air and/or Rail transportation and related services on a debit, charge or Account basis.
SCHEDULE OF FEES
Valid as at April 2010
Paper Statement Fee:
$20 plus GST (if any) per paper statement
Late Payment Fee:
A Late Payment Fee will apply to all outstanding balances. The amount of the Late Payment Fee charged varies according to the outstanding balance on your Travelcard Account as set out in the table below:
|Outstanding balance on Travelcard Account (NZD)||Late Payment Fee Value (NZD)|
|$0.00 - $100.00||$0.00|
|$100.01 - $500.00||$50.00 plus GST (if any)|
|$500.01 - $1000.00||$75.00 plus GST (if any)|
|$1000.01 - $5000.00||$150.00 plus GST (if any)|
|$5000.01 +||$300.00 plus GST (if any)|