General Terms and Conditions

1. Organization

The organizer is Auszeit Neuseeland Ltd., 10 Church Street, Nelson, New Zealand (following referred to as “Auszeit Neuseeland”).

2. Conclusion of Agreement/Contract

2.1 With the receipt of the application as a written text (e.g. as a letter, fax, email or online through the internet website), the participant offers Auszeit Neuseeland a binding conclusion of a travel contract. Until the acceptance through Auszeit Neuseeland the participant is bound to the application. Changes and extensions to the application are only considered binding if they have been explicitly confirmed as part of the travel contract by Auszeit Neuseeland.

2.2 Following the receipt of the application all provided documents will be thoroughly checked by Auszeit Neuseeland. Auszeit Neuseeland reserves the right to reject an application in case the participant does not comply with the legal and practical requirements and conditions of participation.

2.3 The contract enters into force through the acceptance of the application by Auszeit Neuseeland. The participant will be informed immediately by post or email once the application is accepted. This writing additionally contains further information regarding the chosen program and course of action.

2.4 In case the content of the application confirmation differs from the original application Auszeit Neuseeland provides a new offer to which it is bound for a period of ten days. The contract based on this offer enters into force with the acceptance of the offer by the participant in written form within the given timeframe, whereby a confirmation via email is sufficient.

3. Prices

The prices for the Auszeit Neuseeland modules are evident through the at the respective time current price lists. The current prices can be found on the Auszeit Neuseeland website. On request Auszeit Neuseeland sends the current price lists per post or email as well. The specific price of a program is calculated on the basis of the prices for the relevant modules. Not included in the prices are costs emerging from visa, insurance, particular study material, examination fees or the participation in travel tours. In case of short term applications, which cause a higher input of work due to the exceeding of the application deadline, Auszeit Neuseeland reserves the right to charge additional administrative costs.

4. Terms of Payment

4.1 Following the conclusion of agreement/contract the participant receives the demand for payment for the complete program by Auszeit Neuseeland.

4.2 The program price is to be paid in two installments: the first installment of 190 Euros is due at reception of the demand for payment. The rest of the price is due on the stated dates. Without the complete payment of the program price the participant is not entitled to any further contractual benefits provided by Auszeit Neuseeland.

4.3 In case the client does not comply with the demand for payment on the stated dates, Auszeit Neuseeland has the right to withdraw from the contract following reminders and to charge the client with cancellation expenses according to part 7 of the general terms and conditions.

5. Change in Prices

Should the in the booking confirmed prices increase due to transportation or other travel related charges, such as airport tax or changes due to the foreign exchange rate, Auszeit Neuseeland reserves the right to change prices to the extent which is equivalent to the change that would occur per person or per seat provided that the period between booking and departure extends four months. In case of a subsequently change in prices Auszeit Neuseeland will inform the participant immediately. Price changes previous to the 20th day before departure are invalid. Should the price change or increase more than 5 percent, the participant has the right to withdraw from the travel contract within ten days of notice without any charges.

6. Liability of Auszeit Neuseeland

6.1 Which performances are contractually agreed upon are stated in the program description for the particular modules offered by Auszeit Neuseeland, and respectively in the specific contract agreed upon combination of modules, unless there has been a different written agreement between Auszeit Neuseeland and the participant. Within the modules “Praktikum” (Internship), “Freiwilligendienst (Voluntary Service)”, “Au-Pair” and “Demi-Pair” and “Voluntary Service” Auszeit Neuseeland aims at providing and organizing placements according to the preferred dates of the participant, however Auszeit Neuseeland does not take responsibility for this.

6.2 Auszeit Neuseeland reserves the right to change contents and conduct of programs as long as these do not undermine the booked program or are unreasonably. Implied warranty of the program remains should the changed conditions cause any deficiencies.

7. Withdrawal, Cancellation and Replacement

7.1 The participant can withdraw from the travel contract any time before the beginning of the travel. This decision needs in any case to be passed on to Auszeit Neuseeland in written form.

7.2 In case of a withdrawal by the participant Auszeit Neuseeland has the right to demand an adequate compensation according to the following conditions which are calculated on the basis of general expenditure (percentages correspond to the program price):

  • 10% after the confirmation of application
  • 20% until 61 days before departure
  • up to 40% until 31 days before departure
  • up to 50% starting from 30 days prior to departure

Decisive is the date Auszeit Neuseeland receives the cancellation or withdrawal notification.

7.3 In case the participants fails to attend the program without any previous notification the complete program price up to 100% of the travel costs expires. If it can be proven that Auszeit Neuseeland had lower expenses due to the withdrawal, a calculation will be conducted individually.

7.4 Up to and including 40 days before departure the participant can request that a third person takes his place in the program, insofar as this person complies with the criteria and is accepted by the employer. Should the change of person cause any unpredicted costs, such as flight ticket change charges, these will have to be calculated individually. These costs have to be paid by the former and new participant.

7.5 Participants have the right to cancel the travel contract at any time until the end of the contract and end the program at any time due to personal reasons. Auszeit Neuseeland reserves the right to charge the agreed program price while savings have to be deducted. A cancellation fee will not be charged in this case. Additional costs will have to be paid by the participant.

7.6 The participant is obliged to have a travel cancellation insurance which covers the total amount of the program and travel fees. This insurance is not part nor included in the program price.

8. Warranty and Corrective

Should the program be insufficient according to the participant, Auszeit Neuseeland has to be informed immediately in order to be able to correct. Should an insufficiency not be made clear directly the participant loses the entitlement for compensation. Every participant has the duty to prevent any insufficiency if possible. Auszeit Neuseeland can deny compensation in case the insufficiency could have been prevented by the participant. Otherwise Auszeit Neuseeland is bound to provide compensation to the participant. Representatives of Language Schools and employers are not entitled to accept compensation claims by participants in the name of Auszeit Neuseeland. The right to compensation becomes time barred on the date the travel contract runs out.

9. Accommodation with a host family arranged by Auszeit Neuseeland

9.1 The following rules apply only to host families, that Auszeit Neuseeland has placed the participant with directly. For host families (including au-pair- and demi-pair-families) the participant has been placed with through Auszeit Neuseeland’s partners (e.g. language schools) their terms and conditions apply.

9.2. Termination of homestay: If the participant wants to leave the host family earlier than the date agreed upon, two weeks notice shall be given. Otherwise a fee equivalent to two weeks homestay shall be paid. The termination shall be in writing and stating the reasons. Only a serious reason, which is due to the behavior of the host family, gives the participant the right to terminate without notice.

9.3. Change of homestay: If the participant wants to change the host family, two weeks notice shall be given. Otherwise a fee equivalent to two weeks homestay  shall be paid. The termination shall be in writing and stating the reasons. Only a serious reason, which is due to the behavior of the host family, gives the participant the right to terminate without notice and in this case Auszeit Neuseeland will not charge an additional fee for placement with a new host family. If there is no serious reason, which is due to the behavior of the host family, the full fee for placement in a new host family applies.

10. Liability and Limit of Liability

Auszeit Neuseeland is liable in the limits of the due diligence of an ordinary trader for the thorough preparation and organization of travel programs, the accurate selection of partners and employers, the correctness of program description and the proper provision of the travel program. Limit of Liability: Auszeit Neuseeland is not liable for the partners and their activities, neither is Auszeit Neuseeland liable for their participants and their activities. The participants are fully liable themselves.

11. Passport, Visa and Vaccine Provisions

11.1 The participant assures Auszeit Neuseeland with the application that he/she complies with all the conditions demanded in the program.

11.2 Auszeit Neuseeland informs the participant about the current and relevant visa and passports conditions. However, the participant is completely self liable for the compliance with all for the travel and program relevant provisions, including the visa application and the immigration regulations. In case of any ambiguity the participant is compelled to inform Auszeit Neuseeland in written form before the departure.

12. Further Regulations

12.1 The participant is from when the travel contract enters into force until the end of the travel contract obliged to inform Auszeit Neuseeland regarding all program related issues in written form.

12.2 Should the stay abroad be considerably hindered, endangered or impaired due to causes not visible at the time the travel contract had been signed, the legal provisions apply.

12.3 The invalidity of specific or particular parts of the travel contract including the participation regulations does not result in the ineffectiveness of the whole travel contract.

13. Applicable Law and Jurisdiction

The contractual relationship between Auszeit Neuseeland and the participant is subject to New Zealand jurisdiction. The court of jurisdiction is Nelson, New Zealand.

Email Disclaimer

Confidentiality Note: The information contained in this e-mail and any attachments is intended for the addressee only and may contain confidential, privileged and non-disclosable information. If you received this email in error, please contact the sender and delete the material from any system. Any retransmission, dissemination or other use of this email and its contents in any way is strictly prohibited.
Disclaimer: To the maximum extent permitted by law, the sender is not liable for viruses or other defects. Before opening or using attachments, check for viruses and other effects.