General Terms and Conditions

1. Scope

The following terms and conditions apply to Auszeit Neuseeland Ltd, 10 Church Street, Nelson, New Zealand (hereinafter referred to as „Auszeit Neuseeland“). Hereafter referred to as „participants“ are participants in the Auszeit Neuseeland programs. Educational institutions, tour operators, airlines, insurance companies and other third parties are defined as „service providers“.

2. Conclusion of Agreement/Enrolment confirmation

2.1 With an application in written form (e.g. online through our website, by letter or email), 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 enrolment confirmation 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 enrolment confirmation by Auszeit Neuseeland. The participant will be informed immediately by post or email once the application is accepted. This enrolment confirmation additionally contains further information regarding the chosen programs and their course of action.
2.4 In case the content of the enrolment 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 current prices for the Auszeit Neuseeland programs are evident through the Auszeit Neuseeland website. On request Auszeit Neuseeland sends the current price lists per post or email as well. 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 enrolment confirmation the participant receives the invoice for the complete program by Auszeit Neuseeland. Payment must be made by the participant in Euros to the nominated German bank account of Auszeit Neuseeland. Payment is due 3 months prior to the scheduled arrival date of the participant in New Zealand as stated in the enrolment confirmation. If the enrolment of the participant takes place less than 3 months before the arrival of the participant in New Zealand, the fees will be due immediately upon confirmation of enrolment.
4.2 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 these general terms and conditions.
4.3 Auszeit Neuseeland serves as an agent between selected educational institutions in New Zealand and participants. The collection of fees for the education at these institutions is carried out by Auszeit Neuseeland explicitly and solely on behalf of these institutions. Until the transfer to the educational institution Auszeit Neuseeland commits to hold the fees collected in a trust account managed by Auszeit Neuseeland.

5. Price changes

Should the in the enrolment confirmation 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 exceeds four months. In case of a subsequent 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 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 programs offered by Auszeit Neuseeland, and respectively in the specific contract agreed upon combination of programs, unless there has been a different written agreement between Auszeit Neuseeland and the participant. Within the programs “Praktikum” (Internship), “Freiwilligendienst (Voluntary Service)”, “Au-Pair” and “Demi-Pair” 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 unreasonable. Implied warranty of the program remains should the changed conditions cause any deficiencies.
6.3 Liabilities of New Zealand educational institutions, tour operators, airlines, insurance companies and other third parties are expressly not part of the agreement between participant and Auszeit Neuseeland.

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 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; travel commencement according to enrolment confirmation):

  • 25% after the confirmation of enrolment and until 61 days before travel commencement
  • 50% until 31 days before travel commencement
  • 75% starting from 30 days before travel commencement

Decisive is the date Auszeit Neuseeland receives the cancellation or withdrawal notification.
7.3 In case of non-commencement of travel without prior notice of cancellation, the entire program price will be charged as cancellation fee. Cancellation costs for booked flights are calculated in accordance with the specifications of the service provider (up to a maximum of 100% of the invoice amount). The participant has in principle the possibility to prove that a smaller damage arose to Auszeit Neuseeland. In this case, the compensation is calculated on an individual basis.
7.4 Up to and including 40 days prior to the commencement of travel, the participant may request that a third party participates in the program instead of him unless otherwise specified and the third person is accepted by Auszeit Neuseeland and the respective employer. If additional costs are incurred by the service provider, in particular for flight services, due to the transfer of persons, these will be charged separately. Original and new participant are jointly and severally liable for the program price and the costs arising from the change.
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 of 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 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 the full fee equivalent to two weeks homestay shall be paid. No holidays and no refund for unclaimed meals can be claimed for these two weeks. 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. No holidays and no refund for unclaimed meals can be claimed for these two weeks. 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.
9.4 If the participant, e.g. on a weekend trip, does not live with his host family for less than 3 nights, he has to pay the fees in full, there is no claim for refunds. If the participant does not live with his host family for 3 or more nights, he may be refunded one third of the fees for the corresponding period (as he does not use the homestay during this time and does not consume electricity, for example). However, both the host family and Auszeit Neuseeland must be informed at least 7 days in advance of the planned absence. Auszeit Neuseeland will always transfer such reimbursements after the end of the entire homestay and always in Euros to the participant’s home account.

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 enrolment that he complies with all the conditions demanded in the program, especially the visa conditions.
11.2 Through our German visa office Auszeit Neuseeland informs the participant about the current visa and passport conditions. The current terms of Immigration New Zealand apply
However, the participant is fully responsible for complying with all regulations that are important for the journey, for example the timely application for the required visa at your own expense or the observance of the respective applicable restrictions on visa-free stay, compliance with other entry and residency provisions as well as the observance of applicable customs and foreign exchange regulations and the procurement of vaccination records. 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 of the enrolment confirmation, 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.


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