Waiheke Reserve - Terms and conditions: Retail (Individual consumers)

1.1   These terms and conditions (Terms) apply to retail sales to individuals consumers. These Terms do not apply to groups of 10 or more or to businesses in trade.  

1.2   These Terms apply to your purchase of a Waiheke Reserve ferry ticket.  Our general terms and conditions detailed on our website at https://www.fullers.co.nz/terms-and-conditions/ apply in addition to these Terms.  Where these Terms are inconsistent with the Waiheke Reserve ferry terms and conditions and/or our general terms and conditions, these Terms will apply.  

1.3   In these Terms, “we”, “us” and “our” refer to Fullers360. “You” and “your” refers to the user of the Waiheke Reserve ferry tickets. 

2.1 You shall not resell your Waiheke Reserve ferry ticket to any third party.  

2.2 Waiheke Reserve ferry tickets remain the property of Fullers360 and are non-transferrable except in the circumstances outlined in these Terms.  

3.1 Your Waiheke Reserve ferry ticket includes: 

(a) an advance booking for a return trip for a place on a Waiheke Reserve ferry service from Auckland to Waiheke Island, and either (as selected at time of booking): 

(b) Separate boarding, usually provided at a designated pier separate from the pier used to board the Waiheke Walk-up ferry service at Auckland, Downtown or Matiatia, Waiheke Island; and 

(c) Boarding up to 20 minutes prior to scheduled departure (provided the ferry is already at the pier). 

3.2 Please note that all Fullers360 services are for ferry services only, unless otherwise agreed in separate terms and conditions. 

3.3 While Fullers360 endeavours to provide you with the Waiheke Reserve ferry service, please note that it is not a priority boarding service and you may still be required to queue and/or wait for the ferry to arrive for a short period of time. Please also note that you are not allocated designated seating on the ferry, and all seats are available on a first come, first served basis. 

3.4 Due to circumstances beyond our control, and unforeseeable logistics issues at the scheduled time of sailing, the designated Waiheke Reserve ferry service pier may not be available, and boarding may need to occur at an alternative pier or be delayed until an appropriate pier becomes available.  

3.5 The Waiheke Reserve ferry sailing schedule is available on our website.  Please note that your Waiheke Reserve ferry ticket does not guarantee that the sailing will arrive or depart at the scheduled time recorded on the ticket. While we endeavour to keep to the Waiheke Reserve ferry timetable and offer you this service, the service may be delayed or disrupted for reasons beyond our control (those circumstances include the factors identified below in clause 7). In some cases, if a replacement ferry is required, there will be a delay to the scheduled departure and/or arrival time.  

3.6 As your ticket includes a return trip i.e. from Auckland to Waiheke Island and back, the return passage (from Waiheke Island to Auckland) must be booked at the same time that your outbound trip ticket is booked. The return passage can be booked for a date within 3 weeks from your scheduled outbound trip (Auckland to Waiheke Island) meaning, that you do not have to return to Auckland on the same day that you travel to Waiheke Island.  

4.1 You may cancel tickets for a full refund no later than 48 hours prior to the scheduled sailing time recorded on the ticket purchased.

4.2 Cancelled tickets within 48 hours of the scheduled sailing time recorded on the ticket will not be refunded or exchanged for any other Fullers360 product or service.  

5.1 If you miss your scheduled ferry, we are unable to cancel, refund (whether in part or in full) or credit your Waiheke Reserve ferry ticket or transfer the ticket to another Waiheke Reserve ferry sailing. However, if you miss your Waiheke Reserve ferry service, your ticket is automatically valid for our Waiheke Walk-up ferry service for one year from the date of the missed Waiheke Reserve ferry service. Please note that you will need to queue for the Waiheke Walk-up ferry and allow adequate time (noting that Waiheke Walk-up services may be delayed). Tickets for the Waiheke Walk-up service are subject to our general terms and conditions. Our Waiheke Walk-up service is subject to availability.

6.1 We will endeavour to amend bookings and accommodate change requests up to 48 hours prior to sailing, subject to available alternative bookable vessel capacity being available.  

6.2 If the exchange for the Waiheke Walk-up services option is selected, you must notify us either in person at our ticket office/counter or by speaking to one of our call centre staff over the phone. You will need to queue for the Waiheke Walk-up service and allow adequate time. Tickets for the Waiheke Walk-up services are subject to our general terms and conditions. Our Waiheke Walk-up service is subject to availability.  

6.3 Any partial refund for a change from a Waiheke Reserve ferry ticket to a Waiheke Walk-up service option in accordance with clause 6.2 will be at the discretion of Fullers360. 

7.1 For reasons beyond our control and/or where unforeseeable events occur, Fullers360 may delay or cancel the Waiheke Reserve ferry (including the replacement ferry and/or alternative ferry). Where cancellation occurs for factors beyond our reasonable control, we will engage with you to discuss what remedies may be appropriate and/or required by law. Examples of factors beyond our control or unforeseeable circumstances include but are not limited to:  

(a) weather events or poor weather conditions;  

(b) civil defence and/or emergency events whereby we made need to deploy our ferries to assist in an emergency situation;  

(c) engine failure or ferry breakdowns;  

(d) pandemic; 

(e) change in law, government directives or regulations in respect of the carriage of passengers; 

(f) other force majeure events; 

(g) lack of resources, including staff/crew shortages; 

(h) health and safety issues, including a change in marine regulations/operating standards;  

(i) Harbour master directives; or 

(j) where the captain of the ferry determines it is unsafe to sail. 

8.1 Unfortunately, Fullers360 is unable to guarantee scheduled departure or arrival times for the Waiheke Reserve ferry service due to factors beyond our control which may include the any of the factors identified above in clause 7.  

8.2 Fullers360 may need to deploy a replacement ferry for the purpose of the Waiheke Reserve Ferry service which may cause a delay or disruption to the scheduled sailing time.  

8.3 In the event the replacement Waiheke Reserve ferry is unable to be utilised for the scheduled service, then we will issue you a full refund for your return trip total ticket price. Alternatively, subject to capacity and timetabling, you may choose to change your Waiheke Reserve ferry ticket for the Waiheke Walk-up ferry service. If you elect a change in service, please note that this change will apply to your return trip ticket (ie both your inbound and outbound ferry trip). This means that you are unable to select a Waiheke Reserve ferry on an outbound/inbound passage and a Waiheke Walk-up ferry on an inbound/outbound passage.  

9.1 Fullers360 requires full payment of the Waiheke Reserve ferry return ticket price to be paid upfront and when the ticket order is placed by you.

10.1 To the extent permitted by law, neither we, nor any of our directors, officers, employees, servants or agents accept any liability in contract, tort or otherwise for any injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure, or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. 

10.2 The total liability of us to you in relation to these Terms (including the Waiheke Reserve Terms and our general terms and conditions) in any 12 month period, including in relation to any Waiheke Reserve ferry ticket, whether or not the liability is caused by the failure, or negligence, of us, or by any third party whether or not under the control of us, will be limited to: 

(a) the cost of the Waiheke Reserve ferry ticket that is the subject of the relevant claim; and 

(b) to the extent we are liable to you for any further amount under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, the amount of that liability. 

10.3 The total liability of you to us in relation to these Terms for any event, whether or not the liability is caused by the failure or negligence, of you, will be limited to the cost of the tickets that are the subject of the relevant claim. 

10.4 Notwithstanding any other term of these Terms (including the Waiheke Reserve Terms and our general terms and conditions), except where such liability cannot be excluded by law, neither we nor you will be liable to the other for: any loss of profit, revenue, savings or opportunity, including any loss of data, (whether direct, indirect or consequential); any loss or damage which is indirect or consequential; or any special loss (even if the relevant party has been advised of the possibility of such loss). 

10.5 The limits set out in this clause 10 do not limit your responsibility to pay any outstanding amounts you owe us, and also don’t apply to any loss or damage caused by you or us for fraud, wilful breach or wilful damage. 

11.1 These Terms are valid until 1 August 2024, or such later date as may be advised by Fullers360. We reserve our rights to amend these Terms following 1 August 2024. To the extent that any Waiheke Reserve ferry tickets have been purchased by you prior to any amendment of these Terms, the unamended Terms will continue to apply to those tickets, and the amended Terms will apply to Waiheke Reserve ferry tickets purchased by you after the date of amendment.

12.1 Except where you have additional rights that cannot be excluded by law, these Terms, the Waiheke Reserve ferry terms and conditions and our general terms and conditions detailed on our website at https://www.fullers.co.nz/terms-and-conditions/ constitute the entire agreement between you and us and supersede all previous agreements and undertakings, and any standard terms and conditions that you may have (whether or not provided to us at any time).