Terms And Conditions

V9 | 3 September 2026

These Booking Terms and Conditions apply to bookings accepted by Silver Wave Yachts Limited trading as Silver Wave (Silver Wave, we, us or our). Please read them carefully before confirming a booking.

By signing a booking document, accepting a quotation, paying a deposit or other amount, or instructing a Booking Agent to confirm a booking, you agree to these Terms for yourself and every Guest in the booking.

1. DEFINITIONS, CONTRACT AND ORDER OF PRECEDENCE

Booking means the services described in our accepted quotation, invoice or booking confirmation, including any Vessel Services, Vehicle Services and Other Services.

Booking Agent means a travel agent, inbound tour operator, destination management company, accommodation provider, concierge or other intermediary that makes or manages a Booking for a Guest.

Guest means each passenger, participant or other person included in a Booking.

Party means all Guests covered by the Booking.

Party Leader means the person who signs, pays for, confirms or otherwise makes a Booking, and includes an authorised Booking Agent where the context permits.

Vehicle Services means airport or point-to-point transfers, private tours, vehicle-and-driver or driver-guide services, road transport and related land services supplied or arranged by Silver Wave.

Vessel Services means private boat or yacht charters, cruises and related marine services supplied or arranged by Silver Wave.

High Season means the period from 1 November to 31 March inclusive. High Season is used for Vessel Services cancellation charges under clause 4 and for the custom-location fee under clause 9.3. High Season is separate from the Vehicle Services peak policy period (15 December to 15 January inclusive) under clause 4.9, which applies only to Vehicle Services and must not be confused with High Season.

Low Season means the period from 1 April to 31 October inclusive. Low Season is used for Vessel Services cancellation charges under clause 4 and for the custom-location fee under clause 9.3. Low Season is separate from the Vehicle Services normal policy period under clause 4.8, which applies only to Vehicle Services outside the peak policy period.

Other Services means services supplied by a third party, including activities, admissions, catering, restaurants, guides, accommodation, ferries and other transport.

Special Event means a race, cup, regatta, sporting event, concert, public event, VIP visit or other event identified by us as a Special Event.

Writing means email or another durable written communication accepted by us. Our contact email is info@silverwave.co.nz.

1.1 Your contract is with Silver Wave, except that an Other Service may also be subject to the relevant supplier’s terms. The Party Leader warrants that they have authority to accept these Terms for all Guests, who are jointly and severally responsible for obligations applying to them.

1.2 If documents are inconsistent, they apply in the following order, to the extent of the inconsistency:

• mandatory New Zealand law;
• any special payment, cancellation or operational terms expressly stated in the accepted quotation, invoice or booking confirmation for the particular Booking;
• a written trade agreement or rate sheet, but only for the trade matters it addresses;
• these Terms; and
• general website or promotional material.
• 1.3 A third-party supplier’s terms apply to its Other Service. These Terms govern Silver Wave’s own services and relationship with you. If supplier terms impose a stricter cancellation condition or a non-refundable cost, clause 4.11 applies.
• 1.4 The cancellation provisions are deliberately separate: clause 4 applies when you cancel or fail to attend; clause 5 applies to Silver Wave operational changes or cancellations; clause 6 applies to weather, safety and Force Majeure. A more specific clause prevails over a general clause.
• 1.5 Nothing in these Terms excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, restricted or modified.

2. BOOKING, PRICES AND PAYMENT

2.1 A Booking is not confirmed until we issue written confirmation and receive any required deposit or payment. We may treat an airport Booking as provisional until accurate flight details are supplied.

2.2 Prices are in New Zealand dollars and include GST unless the quotation, rate sheet or invoice clearly states otherwise. The price in the accepted quotation or invoice prevails over a website price.

2.3 Unless we agree otherwise in Writing:

• for Vessel Services, a 50% deposit is required to confirm the Booking and the balance is due 28 days before the scheduled commencement;
• a Vessel Services Booking made 28 days or less before commencement must be paid in full when booked;
• ordinary Vehicle Services must be paid in full when the Booking is confirmed;
• multi-day or multi-vehicle Vehicle Services may instead have a deposit and balance date stated in the accepted quotation, invoice or booking confirmation; and
• a ticketed Special Event must be paid in full when booked and is non-refundable if cancelled by you.
• 2.4 Payment in full for Vehicle Services does not make the payment non-refundable. Your cancellation charge and any refund are determined under clause 4 and any specific terms that prevail under clause 1.2.
• 2.5 If a deposit is paid by card, you authorise us to charge the balance to the same card when it becomes due unless you arrange another payment method before that date.
• 2.6 If a surcharge applies to a payment method, the amount or percentage of the surcharge will be clearly disclosed to you before payment is made, in accordance with applicable law. A surcharge reflects our reasonable cost of accepting that payment method and is refunded only to the extent the related payment is refunded.
• 2.7 If an amount is not paid when due, we may suspend or cancel the Booking, retain amounts permitted by clause 4, require payment before any further service, and recover reasonable collection costs to the extent permitted by law.
• 2.8 Meal selections, final guest numbers, dietary requirements and catering changes must be supplied at least 7 days before commencement unless we agree otherwise. If meal selections are missing, we may make reasonable selections having regard to disclosed dietary requirements.
• 2.9 Prices are quoted and charged in New Zealand dollars. If you pay using an overseas-issued card or a foreign currency, your bank or card provider may apply a foreign transaction fee, currency conversion charge or dynamic currency conversion, and the exchange rate applied is outside our control. We recommend checking these costs with your bank or card provider before paying.

3. CHANGES REQUESTED BY YOU

3.1 Change requests must be made in Writing by the Party Leader or Booking Agent. We will use reasonable endeavours to accommodate them, but availability is not guaranteed.

3.2 A change may alter the price, vehicle, vessel, duration, route, inclusions or supplier costs. You must pay any agreed increase and our reasonable additional administration or supplier costs.

3.3 A material change requested within the applicable cancellation period - including a change of date, commencement time, service type, route, duration, passenger numbers or required capacity - may be treated as cancellation of the original Booking and a new Booking. This prevents a change being used to avoid a cancellation charge.

3.4 You are responsible for checking whether your travel insurance covers changes, additional costs or cancellation charges.

4. IF YOU CANCEL YOUR BOOKING

4.1 You may cancel at any time by written notice from the Party Leader, Booking Agent or other authorised person to info@silverwave.co.nz. Cancellation is effective only when received by Silver Wave. Telling a Booking Agent or another intermediary is not notice to us until we receive it.

4.2 If a Booking contains more than one service component, the cancellation rules and charges for each component apply separately. A cancellation charge is a percentage of the total price for the affected component.

Vessels – Yacht Charters and Transfers

4.3 The High Season Vessel Services policy applies to a Vessel Service scheduled to commence during High Season. The Low Season Vessel Services policy applies to a Vessel Service scheduled to commence during Low Season. This is determined solely by the scheduled commencement date, regardless of the length of the Vessel Service, unless the accepted quotation or booking confirmation for that Booking states different cancellation terms.

Vessel Services - high-season policy (1 November to 31 March inclusive)

Notice received before scheduled commencement: Cancellation charge

‍More than 90 days: 25%

‍29 to 90 days inclusive: 50%

‍28 days or less or no-show: 100%

Vessel Services - low-season policy (1 April to 31 October inclusive)

Notice received before scheduled commencement: Cancellation charge

‍More than 28 days: 10%

‍15 to 28 days inclusive: 50%

‍14 days or less or no-show: 100%

4.4 For a Booking eligible for the Low Season policy, the Party Leader or Booking Agent may request one change of the scheduled commencement date at least 14 days before the original scheduled commencement. Subject to availability, we will move the Booking once without a cancellation or administration charge. You must pay any increase in price and any non-refundable catering or third-party cost caused by the change. The cancellation policy applicable to the replacement date will then apply. A further date change, or a request made less than 14 days before the original scheduled commencement, may be treated as cancellation of the original Booking and a new Booking.

4.5 For a Booking eligible for the High Season policy, a request to change the scheduled commencement date will be considered on a case-by-case basis, at Silver Wave's sole discretion and subject to availability, and cannot be guaranteed. If we agree to a change, the terms of clause 4.4 apply as if the Booking were eligible for the Low Season policy. If we are unable to agree to a change, the cancellation charge under the High Season table continues to apply by reference to the original scheduled commencement date.

4.6 If the scheduled commencement date of a Booking is changed under clause 4.4 or 4.5, or otherwise by agreement, from a date falling within High Season to a date falling within Low Season, or from Low Season to High Season, and the Booking is later cancelled, we will calculate the cancellation charge under both the High Season and Low Season tables above, applying the notice period actually given before the final scheduled commencement date, and charge whichever amount is higher. This applies regardless of how many times the scheduled commencement date has been changed.

4.7 A ticketed Special Event remains 100% non-refundable if cancelled by you under clause 2.3, regardless of season. Any refund otherwise available under this clause 4 remains subject to non-refundable catering and third-party costs under clause 4.11.

Vehicles – Private Touring and Transfers

4.8 The normal policy applies to all Vehicle Services unless the peak policy or an agreed override applies.

Vehicle Services - normal policy

Notice received before scheduled commencement: Cancellation charge

‍More than 7 days: Nil / full refund

‍At least 48 hours but 7 days or less: 50%

‍Less than 48 hours or no-show: 100%

Vehicle Services - peak policy (15 December to 15 January inclusive)

Notice received before scheduled commencement: Cancellation charge

‍More than 14 days: Nil / full refund

‍At least 7 days but 14 days or less: 50%

‍Less than 7 days or no-show: 100%

4.9 The peak policy applies according to the date on which the Vehicle Service is scheduled to commence. A multi-day service commencing during the peak period is treated as a peak Booking. This Vehicle Services peak policy period (15 December to 15 January inclusive) is separate from, and must not be confused with, Vessel Services High Season and Low Season defined in clause 1.

4.10 A no-show includes failing to attend or contact us within the applicable complimentary waiting period, presenting at a materially different location without agreement, or being unable to travel because required information or documentation was not provided, conduct standards were not met, or a legally required suitable child restraint could not be provided because requested child information or agreed restraint arrangements were not supplied or completed.

4.11 Non-refundable catering and third-party costs that we have incurred or committed specifically for the Booking remain payable and may be deducted from any refund or credit otherwise due. Examples include food and beverages, admissions, specialist guides, accommodation, ferries and third-party transport. We will credit any amount actually recovered from the supplier.

4.12 Bespoke itineraries, group Bookings, overnight or multi-day Vessel Services, multi-vehicle services, Special Events and Bookings involving substantial third-party commitments may have different deposits, payment dates and cancellation terms stated in the accepted quotation or confirmation. Those specific terms override this clause for the identified service.

4.13 Cruise ship non-arrival: if a Vehicle Service was booked specifically for passengers arriving on a named cruise ship and that ship does not call at the booked port on the booked date, Silver Wave’s cancellation charge for the affected Vehicle Service is waived. Amounts paid for that component will be refunded, less non-recoverable third-party costs under clause 4.11. This does not apply if the Guests can reasonably attend by another means or the service has already been materially performed.

4.14 Cancelled inbound flight: if a confirmed airport arrival transfer is tied to a flight that is cancelled, notify us promptly. Where the vehicle has not been dispatched and no material cost has been incurred, we will offer a reasonable reschedule or refund of the Silver Wave Vehicle Service component. Supplier costs remain subject to clause 4.11.

4.15 Refunds are made to the original payer or Booking Agent, using the original payment method where practicable. We may request reasonable evidence supporting a cruise or flight cancellation.

5. IF SILVER WAVE CHANGES OR CANCELS

5.1 Arrangements may need to change because assets, personnel, routes, wharves, roads, suppliers or other operational inputs become unavailable. We may make a reasonable minor change and will advise you as soon as practicable. Clauses 7 to 9 describe common operational changes.

5.2 A reasonable change of route, timing, pickup point, driver, crew, itinerary, vessel or vehicle that does not materially reduce the overall service is not a cancellation and does not of itself create a right to a refund.

5.3 If, for an operational reason within our reasonable control, we cancel before commencement or make a material change that significantly reduces the contracted service, you may choose, subject to availability:

• the reasonable alternative service we offer, with an appropriate price adjustment for a material difference;
• rescheduling to an agreed date; or
• a refund of amounts paid for the affected, unperformed Silver Wave component.
• 5.4 If we cancel or make a material change under clause 5.3, Silver Wave bears any non-refundable catering or third-party cost already committed for the affected component; you are not charged for it.
• 5.5 If we cancel or terminate because of your act, omission, non-payment, unsafe or unlawful conduct, or breach of these Terms, clause 4 applies and we are not responsible for your additional costs.
• 5.6 Our liability for a change or cancellation is subject to clause 12. Weather, safety and Force Majeure are governed by clause 6 rather than this clause 5.

6. WEATHER, SAFETY AND FORCE MAJEURE

6.1 Safety decisions: the skipper, driver, guide or operator has final authority over safe operation, navigation, route, anchorage, activity location, passenger loading and whether a service can proceed. We may delay, shorten, reroute, relocate, suspend or cancel a service where reasonably necessary for safety or legal compliance.

6.2 Weather or safety cancellation by Silver Wave: if we decide before commencement that a Silver Wave service cannot safely proceed because of weather, sea, road or other safety conditions, we will offer a replacement or rescheduled service where reasonably practicable. If no reasonable alternative is available, we will refund the affected, unperformed Silver Wave component. Non-recoverable catering and third-party costs remain subject to clause 4.11.

6.3 Weather changes during a service: a change to route, destination, anchorage, pickup or drop-off location, timing or itinerary made reasonably for weather or safety does not amount to cancellation. Any specific custom-wharf fee treatment in clause 9 continues to apply.

6.4 Force Majeure means an unforeseeable or unavoidable event beyond a party’s reasonable control, including act of God, war or threat of war, riot, civil disturbance, industrial dispute, unavoidable technical transport problem, port or airport closure or congestion, terrorism, fire, natural or nuclear disaster, earthquake, tsunami, cyclone, tornado, storm, flood, epidemic, disease or biosecurity event, government action, road closure, or change to or cancellation of a Special Event.

6.5 If Force Majeure prevents or materially affects performance, we may suspend, alter, reschedule or cancel the affected service without liability for indirect or consequential loss. We will use reasonable endeavours to offer a practical alternative. Any refund or credit will reflect the unperformed component less non-recoverable costs already and reasonably incurred or committed, subject always to mandatory law.

6.6 If catering or another item has been prepared or cannot reasonably be cancelled although the main service cannot proceed, you remain responsible for its agreed cost. Where practicable, we will assist you to receive or use it at an agreed nearby venue or time.

7. VESSEL AND VEHICLE SUBSTITUTION

7.1 Vessel substitution: we will use reasonable endeavours to provide the vessel named in the Booking. Where reasonably necessary because of mechanical issues, servicing, accident, safety, capacity, regulatory, crewing, operational or other circumstances beyond our reasonable control, we may substitute another suitable vessel.

7.2 A substitute vessel will, where reasonably practicable, be of a similar overall standard, legally suitable for the confirmed Party and appropriate for the service. An immaterial difference in layout, facilities, equipment, age, appearance or brand is not a material change.

7.3 If the available substitute vessel is materially different in capacity, accommodation, facilities, service level or price, we will explain the difference and offer an appropriate price adjustment, reasonable reschedule or refund of the affected, unperformed Vessel Service. A suitable substitution is not itself a cancellation. If a materially lower service is the only available option, clause 5.3 applies.

7.4 Vehicle substitution: while we will use reasonable endeavours to provide the specified vehicle, a particular make, model, colour or registration is not guaranteed. We may substitute another vehicle for mechanical, servicing, accident, safety, capacity, operational or similar reasons.

7.5 A substitute vehicle will, where reasonably practicable, be of a similar or higher overall standard and have safe capacity for the disclosed passengers and luggage. A suitable substitution is not itself a cancellation. If a materially lower service is the only available option, clause 5.3 applies.

8. VEHICLE SERVICES - OPERATIONAL TERMS

Airport transfers and flight information

8.1 You or the Booking Agent must provide accurate airline, flight number, airport, scheduled time and passenger contact details when booking or as soon as available. We are not responsible for consequences of incorrect, incomplete or late information.

8.2 When accurate details are supplied, we will use reasonable endeavours to monitor the flight and adjust the pickup for a delay. Monitoring is not a guarantee of vehicle or driver availability at every revised time.

8.3 If a flight is substantially delayed, diverted or rescheduled, we will use reasonable endeavours to accommodate the change. We may use another driver or vehicle, alter the pickup arrangement, or charge reasonable additional waiting time or material additional service costs disclosed to you where practicable.

Pickup times, waiting and late Guests

8.4 Guests must be ready at the agreed pickup time and location. Complimentary waiting time is included as set out in clauses 8.5 to 8.7, unless the accepted quotation or booking confirmation states otherwise.

8.5 Airport arrivals: complimentary waiting time is 30 minutes for a domestic flight and 60 minutes for an international flight, measured from the flight's actual arrival time. Where accurate flight details have been supplied, we will use reasonable endeavours to monitor the flight and adjust the pickup for a delay. A delay to the monitored flight does not consume the complimentary waiting-time allowance.

8.6 Cruise and wharf arrivals: 30 minutes' complimentary waiting time is included from the booked pickup time. We will apply this reasonably where disembarkation is delayed by circumstances outside the Guest's control. No additional waiting charge applies to the extent that the delay is caused by the late arrival of a Silver Wave vessel or vehicle.

8.7 All other private transfers: 15 minutes' complimentary waiting time is included from the booked pickup time.

8.8 After the applicable complimentary period, waiting may be charged at the applicable rate in 30-minute increments. If waiting becomes substantial, affects safe or lawful performance, or causes or risks the driver missing another confirmed service, we may charge reasonable additional costs and/or amend, shorten or terminate the service, including departing without the late Guest where reasonably necessary. No refund is payable for service lost because of Guest delay.

Private touring duration and overtime

8.9 A private tour, vehicle charter or driver-guide service is provided for the duration in the confirmation. Duration runs from the agreed commencement time and is not automatically extended because Guests start late.

8.10 An extension is subject to driver hours, safety, vehicle availability and other commitments and may be charged at our applicable hourly or part-hour rate. Unless expressly included, admissions, activities, meals, beverages, tastings, ferries, parking, tolls and other third-party expenses are additional.

Passengers, luggage and accessibility needs

8.11 Accurate passenger numbers and any accessibility or mobility needs must be disclosed before confirmation. You must also disclose unusual, excessive or oversized luggage, including golf clubs, bicycles, surfboards, pushchairs, mobility equipment and equipment cases.

8.12 Capacity depends on both passengers and luggage. We may require a larger or additional vehicle where the planned vehicle cannot safely or reasonably carry what is presented. The customer is responsible for the resulting cost where information supplied was inaccurate or incomplete.

8.13 We may decline an item that cannot be safely, lawfully or reasonably carried. We are not responsible for delay or inability to carry undisclosed items.

Child restraints

8.14 Child restraints may be provided by prior arrangement, subject to availability and suitability. You must advise the number, approximate age, height and weight of children who may require a restraint and confirm any special requirement.

8.15 The Party Leader remains responsible for ensuring information is accurate and for checking that the confirmed arrangement meets the child’s needs. We may refuse to carry a child if a legally required and suitable restraint is unavailable.

Cleaning, damage and Guest conduct - vehicles and vessels

8.16 Smoking is not permitted in a vehicle or aboard a vessel. Vaping is not permitted in a vehicle or in any enclosed area of a vessel. Vaping is permitted only in an open-air exterior area of a vessel, subject to any direction of the skipper or crew, and must not expose any other person to vapour or otherwise cause discomfort, nuisance or unreasonable interference. You are responsible for reasonable cleaning, repair and remediation costs caused by a Guest, including damage, excessive soiling, spills, smoking, vaping or illness, together with reasonable loss arising while the vehicle or vessel is unavailable for cleaning or repair.

8.17 We may refuse carriage or boarding, or terminate a Vehicle Service or Vessel Service under clause 10, for unsafe, unlawful, abusive or materially disruptive conduct.

Public holiday and out-of-hours charges

8.18 A public holiday, early-morning, late-night, overnight, remote-location, urgent or other out-of-hours surcharge may apply. The amount or method of calculation will be stated in the quotation, rate sheet or confirmation before the Booking is confirmed, except for an additional service requested after confirmation.

9. VESSEL SERVICES - DESTINATIONS AND EMBARKATION

9.1 The course, destination, navigation, sailing, anchorage and activity locations are at the skipper’s or operator’s discretion, subject to maritime law, harbour bylaws, weather and safety. No destination is guaranteed, although reasonable efforts will be made to meet agreed preferences.

9.2 Standard Bay of Islands pickup and drop-off points included in the charter fee are Paihia Wharf, Waitangi Wharf and Russell Wharf, unless the confirmation says otherwise. A location may be changed because of weather, berth availability, closure or safety, including to another standard wharf or an offshore anchorage with tender transfer.

9.3 A custom location is subject to availability, safety and an additional fee. If we revert to a standard location for weather or safety, the custom-location fee remains payable for a Booking scheduled during High Season, but will be refunded for a Booking scheduled during Low Season, unless the confirmation states otherwise.

Charter duration and overtime

9.4 A Vessel Service is provided for the duration in the confirmation. Duration runs from the agreed commencement time and is not automatically extended because Guests start late.

9.5 An extension is subject to crew hours, safety, vessel availability and other commitments and may be charged at our applicable hourly or part-hour rate. Unless expressly included, admissions, activities, meals, beverages, tastings, berthage, fuel and other third-party expenses are additional.

10. GUEST CONDUCT, ALCOHOL AND TERMINATION

10.1 The Party Leader and Guests are responsible for proper conduct and must follow reasonable instructions of our crew, drivers, guides, staff, agents and operators.

10.2 We may refuse participation or terminate all or part of a Booking, without further notice and at the customer’s cost, where a person:

• refuses a reasonable instruction;
• is intoxicated, abusive, threatening, unsafe or materially disruptive;
• causes or is likely to cause distress, danger, damage or serious annoyance to a person or property;
• possesses or uses an illegal substance; or
• otherwise prevents safe, lawful or reasonable performance.
• 10.3 On termination under this clause, our responsibility for the affected Guest or service ends. No refund is payable, and the customer is responsible for resulting reasonable costs, damage and loss, subject to mandatory law.
• 10.4 No intoxicated person will be served alcohol. The skipper, staff or operator may refuse boarding or participation, stop alcohol service, or remove an intoxicated person as permitted by law.
• 10.5 The Party Leader and Guests must make good loss or damage they cause to Silver Wave, an operator or supplier, including reasonable repair, cleaning, replacement and associated loss-of-use costs.

11. OTHER SERVICES, RATE CHANGES AND TRADE BOOKINGS

Other Services and external costs

11.1 For an Other Service, Silver Wave may act as booking agent for the supplier. The supplier is responsible for delivery and quality of its service, subject to any non-excludable rights you have against Silver Wave or the supplier.

11.2 A confirmed price will not be changed merely because our ordinary operating cost increases. We may adjust it where:

• the accepted quotation identifies a provisional, variable or pass-through external cost;
• you request or cause a change to the Booking;
• a tax, government charge, toll, ferry charge, admission or supplier price changes after confirmation and the change could not reasonably have been avoided;
• material information supplied for pricing was inaccurate or incomplete; or
• there is an obvious pricing error that a reasonable customer would recognise.
• 11.3 We will notify you of a material increase as soon as reasonably practicable. If the increase is not caused by you and materially changes the total price, we will offer a reasonable alternative, price adjustment or cancellation option for the affected component, having regard to non-refundable commitments.

Trade and Booking Agent terms

11.4 A Booking Agent warrants that it is authorised to make the Booking, accept these Terms for the Guest, and provide necessary personal and operational information to Silver Wave. It must communicate these Terms and all material service details to the Guest.

11.5 The Booking Agent must promptly provide accurate passenger, luggage, accessibility, child-restraint, dietary, flight, cruise and contact information and must promptly pass on cancellations and changes. Notice is effective only when Silver Wave receives it.

11.6 Unless agreed otherwise in Writing, the Booking Agent is responsible for all amounts invoiced to it whether or not it has collected payment from the Guest.

11.7 A nett rate is the amount payable to Silver Wave, and the Booking Agent may determine its resale price subject to law and any written agreement. A commissionable rate earns only the commission stated in the applicable written agreement or rate sheet. Commission is not payable on cancelled, refunded, complimentary or unpaid components unless we agree otherwise.

11.8 Account or credit terms apply only if approved by Silver Wave in Writing. We may vary or withdraw credit for future Bookings and require immediate payment if an account is overdue or credit risk materially changes.

11.9 The Booking Agent may not deduct, set off or withhold a nett amount, cancellation charge or supplier cost except for an agreed credit or commission.

12. LIABILITY, RISK AND INSURANCE

12.1 By confirming a Booking, each Guest acknowledges the inherent and disclosed risks of marine, road, outdoor and tourism activities and confirms they have read Silver Wave’s current Risk Disclosure Statement where applicable.

12.2 Guests must be competent to use any sporting equipment and must exercise due care. Participation in optional sporting and outdoor activities is at the Guest’s own risk to the extent permitted by law. We strongly recommend comprehensive travel, medical, cancellation and personal-liability insurance appropriate to the Booking.

12.3 Personal belongings: we are not responsible for the loss, theft or damage of a Guest's personal belongings, including luggage, cash, jewellery, cameras, electronic devices and other valuables, except to the extent caused by our negligence or a breach of these Terms. As Bookings may involve transporting Guests and their luggage between locations, or hosting Guests and their belongings aboard a vessel over multiple days, we recommend Guests take reasonable care of their own property, keep valuables with them or securely stowed, and arrange their own travel or personal-belongings insurance covering the Booking.

12.4 Photography and marketing: we, or a photographer or crew member engaged by us, may take photographs or video during a Booking. We may use these for marketing and promotional purposes, including on our website and social media, unless you tell us in Writing before or during the Booking that you do not consent. This does not affect a Guest's right to request removal of an identifiable image after the Booking by contacting info@silverwave.co.nz.

12.5 We are not responsible for delay, disruption, loss or damage caused by a Guest, a Booking Agent, an independent supplier, traffic, border or security process, or an event beyond our reasonable control, except to the extent liability cannot lawfully be excluded.

12.6 To the fullest extent permitted by law:

• our aggregate liability arising from a Booking is limited to the amount paid to Silver Wave for the affected component, excluding GST; and
• we are not liable for indirect or consequential loss, loss of enjoyment, loss of profit, or connecting travel, accommodation, meal or wider travel costs.
• 12.7 If services are acquired in trade, the parties agree that the Consumer Guarantees Act 1993 does not apply and that the parties contract out of the Fair Trading Act 1986 provisions that may lawfully be contracted out of, but only where and to the extent the statutory requirements are satisfied and it is fair and reasonable for them to do so.
• 12.8 Nothing in these Terms limits liability for fraud, wilful misconduct, personal injury caused by negligence where liability cannot be excluded, or any other liability or remedy that cannot lawfully be excluded or limited.

13. COMPLAINTS AND DISPUTES

13.1 Tell a crew member, driver, guide, operator or our office promptly if a problem arises so we have a reasonable opportunity to investigate and remedy it.

13.2 If unresolved, send a written complaint with the Booking reference and relevant details within 28 days after the service. A delay may affect our ability to investigate, but this clause does not remove a right that cannot lawfully be excluded.

13.3 The parties will first try in good faith to resolve a dispute directly. They may then agree to mediation or arbitration and how its costs will be shared. Nothing in this clause prevents either party from using a court, tribunal or statutory dispute process available under New Zealand law.

14. GOVERNING LAW AND GENERAL TERMS

14.1 These Terms and each Booking are governed by New Zealand law. The parties submit to the non-exclusive jurisdiction of the New Zealand courts and tribunals.

14.2 You may not assign or transfer your rights or obligations without our prior written approval. We may assign our rights or obligations to a purchaser or successor of all or a material part of our business, provided this does not reduce your mandatory rights.

14.3 The accepted quotation, invoice or booking confirmation, these Terms and any incorporated supplier or trade terms constitute the entire agreement for the Booking. A representation not included in those documents is not binding, except where the law provides otherwise.

14.4 If a provision is invalid or unenforceable, it is modified to the minimum extent necessary or severed, and the remaining provisions continue. A delay or failure to enforce a right is not a waiver.

14.5 We may update these Terms for future Bookings. The version accepted when a Booking is confirmed applies to that Booking unless the parties agree a change in Writing or a change is required by law.

14.6 Headings are for convenience and do not limit interpretation. “Including” is not limiting. A reference to days means calendar days, and a time period is measured backwards from the local scheduled commencement time in New Zealand.

14.7 We collect and use personal information, including sensitive information such as dietary, accessibility, mobility and child information, to provide a Booking and for the other purposes described in our Privacy Policy, available at https://www.silverwave.co.nz/privacy-policy. By providing personal information for a Booking, you confirm you are authorised to provide it, including on behalf of other Guests.

15. CONTACT

Silver Wave Yachts Limited trading as Silver Wave

Email: info@silverwave.co.nz

Website: www.silverwave.co.nz

Primary office address: 22 Selwyn Road, Paihia 0200, New Zealand