Booking Terms and Conditions
The purchase of your travel booking constitutes a contractual agreement between the travel agent, traveller(s), customer(s), and/or purchaser(s), (collectively as “you” and “traveller”), and FCNZ (Company No. 349518) trading as Infinity Holidays (“Infinity Holidays”, “we”, “us”) pursuant to the following booking terms and conditions (“Terms”):
1. PASSPORTS & VISAS
All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid New Zealand passport which is valid for the relevant destination and transit point. It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility.
2. 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 travel service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable, and/or subject to cancellation and/or other change fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. An incorrect name on a booking may result in an inability to use that booking, the booking being cancelled, and the application of additional change and/or cancellation fees. Any errors in names, dates and timings may result in an inability to use that booking and the booking being cancelled. Any errors in names, dates or timings on your documentation will be your responsibility if not reported at the time of booking.
Please ensure you read your travel documents carefully for details on baggage allowances and fees as these can vary from airline to airline and country to country. Excess baggage (if your airline allows it) can be expensive and is your responsibility.
3. TRAVEL INSURANCE:
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Your insurance protection should at least include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Evidence of such insurances should be produced to us on request. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive. Travel insurance is strongly recommended by the Ministry of Foreign Affairs and Trade (“MFAT”) for all overseas travel.
4. HEALTH AND TRAVEL ADVICE:
We recommend that you contact the Ministry of Foreign Affairs and Trade (“MFAT”) or visit their website at https://www.safetravel.govt.nz/ for general health and travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with MFAT, so that you may be more easily contacted in an emergency.
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel booking and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g., proof of Yellow Fever vaccination or COVID-19 vaccination where required) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel.
Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the travel service provider in their sole and absolute discretion, and will often depend on a number of factors, including (without limitation) any modes of transport and local standards at the destination. All medical requests are beyond our control. While we will include all medical requests as a file note to the travel service provider, we cannot guarantee that your request will be accommodated. It is your responsibility to follow up with the travel service provider directly either at the destination or prior to travelling where possible.
5. PRICES:
All prices are subject to availability and can be withdrawn or varied without notice. Prices are only guaranteed once your booking has been paid for in full. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product and/or service. Such factors include, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Some product and/or service prices are ‘Instant Purchase’ due to the dynamic pricing of products and/or services and constantly changing availability, and so can only be secured if paid for in full immediately when quoted (and even once paid for by you in full, a product and/or service price may not be able to be secured for you, because the price (e.g. an airfare or a room-rate) may become unavailable in the short time period between your payment being processed by us and our booking systems being able to make the booking for you due to availability or changes in the travel service provider’s booking and yield management systems). By agreeing to these Terms, you expressly acknowledge your acceptance of these conditions (i.e., increases before full payment and increases after full payment will be your responsibility) applicable to your client’s purchase. You agree that you will be responsible for obtaining your client’s written consent to any increases to prices in accordance with this section and you agree to indemnify and hold harmless Infinity Holidays against any claims arising out of such a failure to obtain written consent.
6. FINANCIAL ARRANGEMENTS:
We receive remuneration through commissions, financial incentives, fees or payments, rebates, other means including transaction processing fees, merchant service fees or other payments or credits of a similar nature and other means (together, “financial arrangements”) from third party travel service providers, card issuers, credit providers, payment service providers and/or other suppliers/partners for booking travel and travel-related products and/or services on your behalf and/or for providing other products and/or services (including any credit) to you. We are entitled to retain, and we are not required to account to you, for any such fees, payments or credits we may receive. We are not required by law to disclose the nature or value of these financial arrangements.
7. DEPOSIT AND FINAL PAYMENT:
You will be required to pay a deposit or deposits when booking. Your travel agent will advise you of how much that will be. Subject to your rights under the Consumer Guarantees Act, all deposits are non-refundable for changes of mind or cancellations by you, or if the travel service provider’s terms and conditions provide that your deposit is non-refundable. If your deposit is refundable, this is subject to us having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit. A deposit will generally secure your booking/seat, however prices quoted may change before you make the final payment for the reasons outlined in section 5 above. Final payment is required no later than 14 weeks prior to departure unless otherwise stated. Some products and/or services must be paid in full at the time of booking.
8. OUR CHANGE AND CANCELLATION FEES:
All bookings are made on your behalf subject to the terms and conditions imposed by the travel service provider. If, for example, a travel service provider’s terms and conditions contain a “no refund policy”, we will only be able to provide you with the remedy provided by the travel service provider (if any), which may include a travel credit supplied by the travel service provider. You indemnify Infinity Holidays against all losses, damages, claims and costs (including reasonable attorney fees) which Infinity Holidays may sustain or incur directly from or concerning: (a) any failure by the travel agent to obtain the customer’s written acknowledgement of the refund and/or cancellation policy of this booking as set out above in this paragraph; (b) any failure by the customer to pay the full amount owed for this booking, including without limitation Cancellation Fees; and/or (c) any chargebacks by the travel agent or the travel agent’s customer relating to this booking or Cancellation Fees.
9. SUPPLIER/TRAVEL SERVICE PROVIDER INSOLVENCY:
To the extent permitted by law, neither we nor any of our related bodies corporate, directors, employees or agents, accept any liability for any consequences arising from the insolvency of a third-party provider. This includes any losses, delays, or inconveniences experienced by travellers or travel advisors due to the insolvency of airlines, tour operators, cruise lines, accommodation providers, or other service entities. You should address any issues related to supplier insolvency with your respective travel advisor, who is responsible for assisting with alternative arrangements or solutions.
10. TRAVEL SERVICE PROVIDER CHANGE AND CANCELLATION FEES:
Changed or cancelled bookings for any reason (including by reason of matters outside your or our control) may also incur travel service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued. We will inform you about any such potential fees and the conditions under which they apply. Where we incur any liability for a travel service provider change or cancellation fee for any booking which is changed or cancelled for any reason, you agree to indemnify us for the amount of that fee. Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider (which may take 12 weeks, or longer, dependent upon the travel service provider’s processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.
11. CHANGE OR CANCELLATION BY YOU:
If you change any aspect of your booking, we will do our best to accommodate your request, but it may not always be possible. All changes will be subject to any applicable travel service provider fees, and you will be responsible for any increase in pricing that may occur as a result of your change request.
If you cancel any aspect of your booking, you will forfeit your deposit and you will be required to pay any applicable travel service provider fees and, and we will provide you with a refund for the remaining funds (if any). Alternatively, Infinity Holidays or the travel service provider may offer you a travel credit for the full amount paid by you without applying any applicable travel service provider fees. If your deposit or booking is refundable, this is subject to Infinity Holidays having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit or booking funds.
For instant purchase or non-refundable bookings, if you cancel any aspect of your booking, you will not be entitled to a refund, travel credit or other remedy from the travel service provider and/or Infinity Holidays.
12. CHANGE OR CANCELLATION BY A TRAVEL SERVICE PROVIDER:
The following terms apply to a cancellation by a travel service provider, except in the event of unavoidable or extraordinary circumstances (which are dealt with in sections 13 and 14 below).
To the extent permitted by applicable law, if your booking is cancelled by a travel service provider, the travel service provider will generally offer you in the first instance alternative travel arrangements of comparable standard if available (and will refund any price difference if the alternative is of a lower value), or a travel credit for the full amount paid by you. Alternatively, subject to the travel service provider’s change or cancellation policy, the travel service provider may offer you a refund of all money paid by you in respect of the booking, from which the travel service provider and/or Infinity Holidays will deduct any unrecoverable costs, and any applicable travel service provider fees.
“Unrecoverable costs” means all reasonable, direct and indirect costs we have incurred in relation to your booking, and includes amounts paid by Infinity Holidays to other relevant travel service providers who are responsible for components of your booking and which may be non-refundable. For example, costs paid to overseas in-destination tour or transfer operators.
For instant purchase or non-refundable bookings, if your booking is cancelled by a travel service provider, subject to the travel service provider’s change or cancellation policy, you may not be entitled to a refund, travel credit or other remedy from the travel service provider and/or Infinity Holidays.
13. UNAVOIDABLE OR EXTRAORDINARY CIRCUMSTANCES:
In the event of unavoidable or extraordinary circumstances, a travel service provider may materially modify or cancel your booking as set out below.
In these Terms “unavoidable or extraordinary circumstances” means any cause outside a travel service provider’s reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the travel service provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events).
A material modification is one that has a serious impact on your booking and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than 12 hours).
14. CANCELLATION DUE TO UNAVOIDABLE OR EXTRAORDINARY CIRCUMSTANCES:
If your booking is cancelled by the travel provider due to unavoidable or extraordinary circumstances, the travel service provider may offer you a travel credit for the full amount paid by you.
15. TAXES:
Additional taxes and surcharges that cannot be pre-collected may be charged locally by car rental agencies, hotels, or other suppliers. 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.
16. SERVICE GUARANTEES:
Our booking and advisory services come with guarantees under the Consumer Guarantees Act that:
• they will be provided with due care and skill;
• they will be reasonably fit for the specified purpose;
• they can reasonably be expected to achieve the desired result; and
• they will be provided within a reasonable time.
If we fail to meet any of these guarantees, you have rights under the Consumer Guarantees Act.
17. AGENCY:
Infinity Holidays acts as a wholesale agent only. We sell various travel related products and/or services as agent on behalf of numerous third – party travel service providers, including, but not limited to hotel, tours, airlines, cruise lines and rail, as well as our wholesalers and tour operators. Infinity Holidays does not own, operate, manage, or control these independent travel service providers of services and is not liable for their acts or omissions. Infinity Holidays’ obligations to you are to make travel bookings on your behalf for your client’s and to arrange relevant contracts between you, your clients, and the travel service providers. We exercise care in the selection of reputable travel service providers but we have no responsibility for these services, nor do we have the authority to make any warranty or representation regarding their standards. Fulfilment of a request cannot be guaranteed. All bookings are subject to the terms and conditions imposed by these travel service providers, including conditions of carriage, fare rules, change and cancellation policies and limitations of liability, and the provision of data about you or provided by you to a third party. The travel service provider’s terms and conditions are separate to our Terms. The relevant travel service provider’s terms and conditions can generally be accessed on their country-specific website. If you would like any assistance to access any travel service provider terms and conditions, if you are not sure which terms and conditions apply to your booking, or if you would like us to provide you with a full copy of the travel service provider terms and conditions, please contact your travel agent .You agree that you and your client’s legal rights in connection with the provision of travel services are against the specific travel service provider and, except to the extent a problem arises as a result of our gross negligence, fraud, criminal conduct or wilful misconduct, are not against us. Specifically, if for any reason (excluding gross negligence, fraud, criminal conduct or wilful misconduct on our part) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us. Although we will use due care and skill in performing our services, we will not always be able to verify if, and cannot guarantee that, all information provided by the travel service provider (including the travel service provider’s brochure and terms and conditions) is accurate, complete and correct. Subject to any rights and/or remedies you may have under the Consumer Guarantees Act, we cannot be held responsible or liable for any errors, omissions, interruptions (for example, aircraft substitutions, renovations occurring at hotels, swimming pool closures, accommodation inclusions or changes to inclusions, resort fees payable, breakdowns, repairs, upgrade or maintenance of systems), or inaccurate, misleading or untrue information or non-delivery of information by the travel service provider. If we become aware that the information provided by the travel service provider is incorrect or incomplete in any way, we reserve the right to correct any information (including, but not limited to, pricing information (except where pricing has been finalised)) and amend your booking (in consultation with you) to ensure that it reflects the correct price or otherwise contains the correct and complete information.
18. RESPONSIBILITY:
We strive to make sure your travel arrangements are satisfactory. However, Infinity Holidays and its affiliates, employees, shareholders, subsidiaries, officers, directors, successors, agents, and assigns do not own or operate any entity that provides goods and services for your travel including without limitation, lodging facilities, airline, vessel, cruise line, motor coach, or other transportation companies, guides or guide services, local ground operators, providers or organizers of optional excursions, food service providers, etc. All such providers are independent contractors and are in no way affiliated with Infinity Holidays or any of Infinity Holidays’ affiliated entities. You therefore agree not to look to Infinity Holidays and/or its affiliates, employees, shareholders, subsidiaries, officers, directors, successors, agents and assigns with respect to any act or omission of such providers.
19. LIABILITY:
To the extent permitted by law, FCNZ along with its related bodies corporate, directors, officers, employees, servants, or agents, accept no liability in contract, tort, or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense, or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third-party providers or any other third-party over whom we have no direct control, force majeure, insolvency, or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. This includes, but is not limited to, acts of God, illness, pandemic, quarantine, acts of war, civil unrest, strikes, criminal or terrorist activities, mechanical failures of transportation, and any failure of transportation mechanisms to arrive or depart on time. Specifically, we do not accept any liability, whether in contract, tort or otherwise, for any act or omission of travel service providers, including their failure to provide a service whether through their negligence or otherwise. Furthermore, we make no representations about the standard of the services provided by travel service providers and accept no liability in that regard.
Our liability will also be limited to the extent that any relevant international conventions, such as the Montreal, Athens, Berne, and Paris Conventions, limit the amount of compensation that can be claimed. In scenarios not governed by international conventions, our liability shall be limited in accordance with the Civil Liability Act (NSW) 2002. Where our liability cannot be excluded, it is limited to the amount that you have paid for your travel services. This limitation applies unless overridden by applicable international conventions as determined under NSW law.
Under circumstances where our liability cannot be excluded and may be lawfully limited, it is limited to the remedies required under applicable law (including the Consumer Guarantees Act). This clause is subject to your rights under the Consumer Guarantees Act and the Fair Trading Act. Furthermore, nothing in these terms and conditions affects our right to limit our liability under the Limitation of Liability for Maritime Claims Act 1989 where applicable.
20. SUPPLIER / TRAVEL SERVICE PROVIDER INSOLVENCY:
Without limiting section 17, for the avoidance of doubt, in the event of a third party provider being unable to provide you with the product and/or service you have booked due to that third party provider becoming insolvent or being placed under external administration, subject to your refund and remedy rights under the Consumer Guarantees Act, we have no obligation to reimburse you for the cost of your booking, or for any loss or damage you may otherwise suffer as a result of any such insolvency or external administration.
21. SCHEDULE CHANGES:
We recommend that you contact the travel service provider to confirm your scheduled departure time 24 hours prior to your departure.
22. PRIVACY POLICY:
We are committed to protecting your personal information provided to us by your travel advisor in connection with a booking and agree to handle your personal information in accordance with our Privacy Policy, which is available online at (https://www.infinityholidays.co.nz/privacy-policy ) or ask your travel advisor for details. By providing personal information to us, you agree that our Privacy Policy will apply to how we handle your personal information, and you consent to us collecting, using and disclosing your personal information, as detailed in our Privacy Policy.
23. MONIES NOT HELD ON TRUST:
You agree and acknowledge that monies paid by you to us will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies. All monies paid by you to us will be a debt due and payable to the travel service provider in accordance with the payment terms we have agreed with that travel service provider. Payment will generally be made to the travel service provider before the services to which the money relates are provided, however in some cases, payment will be made to the travel service provider once the services to which the money relates have been provided. In respect of monies paid for flights for an IATA airline, such monies might be held on trust for that IATA airline in accordance with the payment terms we have agreed with that IATA airline. In the event we still hold the monies, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.
24. WEBSITE ERRORS AND OMMISSION:
While we have exercised reasonable care and skill to ensure that the content of the Infinity Holidays website is correct, accurate and up-to-date, please note that the content is based on information supplied to us by third-party suppliers and we do not have, and cannot be reasonably expected to have, personal knowledge about all of the facilities or services provided by each supplier; and facilities or services may change after the date of publication. Prior to making a booking, you should check with us for all up-to-date prices and inclusions. Whilst every effort is made to ensure the accuracy and currency of the information on the website, errors or omissions may occur. We disclaim all liability to any party for loss or damage resulting from such errors and omissions. All prices and content on the website is subject to change.
25. MAPS AND PHOTOGRAPHS:
Maps are shown for general information and are an indication only. Photographs show places in the geographic areas, but are not necessarily included in the holiday or cruise. Accommodation and cabin room photographs are representative only, and the actual accommodation or cabins occupied may vary in decor and inclusions from those shown. Many images are supplied courtesy of cruise lines, tourist bureaus, hotels and tour operators.
26. CABIN NUMBERS – CRUISE:
Cruise cabin numbers are not guaranteed and are subject to change without notice and without compensation at the discretion of the cruise company (subject to the travellers’ refund and remedy rights under the Consumer Guarantees Act). Bedding configurations and dining sittings are on a request basis only and are not guaranteed, they are subject to change at any time without notice and without compensation (subject to the travellers’ refund and remedy rights under the Consumer Guarantees Act).
27. GUARANTEE (GTY) BOOKINGS – CRUISE:
From time to time, we may offer travellers the option of making a ‘Guarantee’ (GTY) booking. This means travellers may book a cabin of a guaranteed minimum category type (specified by the cruise line prior to booking) on the chosen ship and cruise. However, the exact location of the cabin on the ship will be allocated by the cruise line (at their discretion) and at any time up until checking in at the Port. This means that the traveller may be allocated a cabin with an obstructed view. Once the GTY cabin has been allocated, the cruise line is unable to accept any changes requested. The benefits of a GTY cabin are that after the booking has been confirmed, the cruise line may (at their discretion) upgrade the traveller’s cabin to one of a superior category to that originally booked at no extra charge. In any event, the traveller is ‘guaranteed’ the minimum category of cabin the cruise line agrees to offer at the time of booking.
28. MODIFICATIONS OF THESE TERMS:
We reserve the right to modify any of these Terms at any time without prior notice. If we make changes to any of these Terms, we will post the amended Terms on the https://www.cruiseinfinity.co.nz/terms-conditions website, applications, or services, which are effective upon posting. The applicable terms that apply are those in effect at the time you make a booking.
29. GOVERNING LAW:
If any dispute arises between you and us, the laws of New Zealand will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand and waive any right that you may have to object to an action being brought in those courts.
30. ACKNOWLEDGEMENT:
You acknowledge that you are 18 years of age or older, and that you understand and agree with the above Terms and our Privacy Policy.
These Terms were last updated on 11 June 2025.
