1.1. All fares, timetables and vessels are subject to change or cancellation without notice, due to weather, marine, operational requirements or any other event beyond the reasonable control of SeaLink. For current information please visit our website to check for travel alerts. 

Except as set out in these Conditions, SeaLink will not be liable for any losses, liability, damages, costs or expenses incurred as a result of cancellation or delays. Nothing in these Conditions is intended to limit your rights under the Consumer Guarantees Act 1993. Where services are supplied for business purposes Clause 6 applies. 

General Fares and Bookings 

1.2. All fares and charges are in NZ$ and include Goods and Services Tax (15%). 
1.3. Cheques or cash are not accepted for payment. All payments must be by credit or debit card or other approved electronic payment method. 
1.4. All bookings are based on space availability and require full payment at the time of booking. 
1.5. Every passenger must have a valid ticket or booking confirmation to travel. If a ticket is lost, stolen, defaced or mutilated, and a proof of purchase is unable to be shown a replacement ticket must be purchased before a passenger can travel. Please note that in the case of multi-trip passes, the original must be shown, proof of purchase will not be accepted. SeaLink will not be responsible for any lost, stolen, copied, defaced, or mutilated passes, or any unused trips. A valid ticket must be presented for inspection at any time, if requested by any crew or staff. 
1.6. SeaLink operate a public holiday timetable on their services. Please note that SeaLink have limited services over Christmas Day.  

Children 

1.7. Children between 0 and 4 years inclusive, may travel free of charge but a valid ticket or booking confirmation must be held on their behalf. Child fares are available for those between 5 and 15 years inclusive. Proof of age may be requested by SeaLink crew and / or staff at the time of reservation or boarding. 
1.8. Children who are regularly commuting to school are permitted to travel unaccompanied if they are wearing their school uniform and traveling to or from school. 
1.9. We strongly recommend that a parent or guardian accompany passengers under 14 years of age on all our services. Children aged between 10 and 14 years inclusive may travel alone when a parent and or guardian completes an Unaccompanied Minor Travel Authority online or at our ticket offices prior to travel. Children under the age of 10 years must be accompanied by a parent or guardian when travelling at all times. Only under special circumstances may unaccompanied children younger than 10 years be allowed to travel, but that needs to be agreed with SeaLink prior to travel. 
1.10. For the wellbeing and safety of young children, we recommend you travel with one adult for every 5 children when travelling in a group. If you are travelling as a foot passenger, you’re welcome to bring a car seat or stroller – just ask one of our crew where to stow them during your sailing. 
1.11. Parents or guardians are solely responsible for the behaviour of their children at SeaLink terminals and onboard SeaLink vessels. SeaLink crew and staff have the right to refuse to carry any passenger they consider too young or not competent or fit to travel unaccompanied, or where they consider that it is not appropriate for an unaccompanied child to travel on a specific sailing. SeaLink will not be responsible for the ongoing supervision or care of unaccompanied children when travelling on our services.  

Students 
1.12. Student fares are valid for those who hold appropriate student identification. Identification will be requested and must be presented at check-in. 

Seniors 

1.13. Senior fares are valid for those 65 years and over who hold appropriate senior citizen identification. Identification may be requested at check-in. Senior fares apply to foot passengers and passengers travelling with a vehicle. 
1.14. SuperGold Card holders (available for Waiheke services only) must purchase a Gold AT HOP Card from Auckland Transport or a AT HOP reseller (more information is available on the AT website). Passengers without a vehicle travel for free after 9am Monday to Friday and all hours in the weekends and public holidays. They are required to “tag on” and “tag off” at the machines (with their Gold AT HOP Card) and they may need to present their Gold AT HOP card on request. For passengers travelling with a vehicle, or if you are travelling before 9am on weekdays, the standard SeaLink Senior fare applies (appropriate senior citizen identification may be requested).

Deal for Waiheke and Aotea Great Barrier Island Residents 
1.15. Waiheke Residents and Waiheke Commercial Vehicle Deals are valid for Waiheke island residents only, are subject to specific terms and conditions and may not be used in conjunction with any other offer.

a. Waiheke Residents Deal fares apply only to Adult, Child, Senior, Student, Standard Vehicle & Driver, Motorbike & Rider (that are up to 5.9 metres in length and less than 2 tonnes in weight) and not to larger vehicles such as trucks, trailers, caravans, campervans or commercial vehicles greater than 5.9 metres. Waiheke Residents Deal fares must not be used for commercial purposes. A valid SeaLink Waiheke Resident Membership ID is required at time of booking or at check-in.
b. Waiheke Commercial Vehicle fares apply only to Standard and Large Vehicles up to 5.9 metres in length and no more than 7 tonnes in weight. Prior registration as a Waiheke island commercial business is required. Proof of identity of the driver may be required at time of booking or at check-in.

1.16. Aotea Great Barrier Residents Deals are valid for Aotea Great Barrier island residents only, are subject to specific terms and conditions and may not be used in conjunction with any other offer.

a. Aotea Great Barrier Residents Deal fares apply only to Adult, Child, Senior, Student, Standard Vehicle & Driver, Motorbike & Rider (that are up to 5.5 metres in length and less than 2 tonnes in weight) and not to trucks, trailers, caravans, campervans or commercial vehicles. Aotea Great Barrier Residents Deal fares must not be used for commercial purposes. A valid SeaLink Great Barrier Resident Membership ID is required at time of booking or at check-in. An additional meterage charge will be applied to the booking if the length of the car exceeds 5.5 metres.
 

Multi-trip Passes 

1.17. Monthly Passenger Pass (available for Waiheke only):  

1. A monthly pass entitles a foot passenger to unlimited passenger travel for a calendar month.
2. Travel is only available for the person pictured on the pass.
3. This offer is not available for use in conjunction with any other offer.
4. Passes are non-refundable and non-transferable.
5. Passes issued to children 12 years of age or under are subject to clause 1.9.
6. A pass is deemed invalid if damaged, copied or fraudulently used.

1.18. 10 Trip Passenger Pass (available for Waiheke and Aotea Great Barrier):  

1. A 10 trip passenger pass entitles a foot passenger to 10 one way trips on our services.
2. Passes are non-refundable, non-transferable and are valid for 12 months from the date of purchase.
3. This offer is not available for use in conjunction with any other offer.
4. A maximum of 4 people may travel on an Adult, Senior, Student or Child 10-trip pass on any one sailing.
5. Passes issued to children 12 years of age or under are subject to clause 1.9.
6. A pass is deemed invalid if damaged, copied or fraudulently used.

 
1.19. 10 Trip Vehicle Pass (available for Waiheke and Aotea Great Barrier): 

1. A 10-trip vehicle pass entitles a customer to 10 one-way trips on our services.
2. The 10-trip vehicle pass is valid for a Standard Vehicle and Driver not exceeding 5.5 metres.
3. Passes are non-refundable, non-transferable and are valid for 12 months from the date of purchase.
4. This offer is not available for use in conjunction with any other offer.
5. This offer is not available for commercial customers.
6. A maximum of 2 clips are allowed at any one time.
7. A pass is deemed invalid if damaged, copied or fraudulently used.

 
1.20. 30 Trip Passenger Pass (available for Waiheke only): 

1. A 30 trip passenger pass entitles a foot passenger to 30 one way trips on our services.

1. Passes are non-refundable, non-transferable and are valid for 12 months from the date of purchase.

2. This offer is not available for use in conjunction with any other offer.

3. A maximum of 4 people may travel on an Adult or Child 30 trip pass on any one sailing.

4. Passes issued to children 12 years of age or under are subject to clause 1.9.

5. A pass is deemed invalid if damaged, copied or fraudulently used.

Passengers with mobility and visibility impairment 

1.21. SeaLink welcomes passengers of all ages and abilities. Each of the vessels within our fleet are designed and constructed in a different way so that on some vessels there may be some limitations on the service and facilities that we are able to provide to passengers with mobility and visibility impairment.  

1.22 To comply with safety regulations passengers who have mobility and/or visibility issues may need to travel with a companion (this includes a disability assist dog) who is able to assist the passenger during the voyage and in case of an emergency. We reserve the right to require this of passengers in appropriate circumstances.  

1.23. As all passengers must leave their vehicles on dangerous goods sailings, if your mobility would inhibit you from moving up to our cabin you will not be able to travel on those sailings unless you are able to move from your vehicle to the cabin, either without assistance or with assistance from your companion. 

1.24. Due to the limitations of our service and facilities (for example, some vessels are not equipped with accessible bathrooms) we offer a 50% discount off travel with SeaLink. This discount would be applied to a maximum of two standard passenger fares (one for the person, the other for the support person if applicable) and maximum of one standard vehicle fare. This discount cannot be used in conjunction with any other promotion or discounted fare (for example, Waiheke Residents Deals, Multi-trip or Monthly passes). 

1.25. All fares must be booked alongside a valid proof of identity and of eligibility. We only accept the following as proof of eligibility: Mobility Parking Permit, The Total Mobility Card or a Blind Low Vision NZ card.  

1.26. We ask that all passengers with mobility and/or visibility impairments to notify us of this upon booking to ensure their travel can be completed safely, in accordance with our health and safety policy.  

Group travel 

1.27. For group bookings (10 or more people) a discount off SeaLink’s standard fares for scheduled sailings is offered. For a quote and full details of the terms and conditions specific to your group please contact us. For additional information on group travel please refer to www.sealink.co.nz/charters-groups.

1.28. When travelling under a group discount, all members of a group must travel together, and payment must be made to SeaLink at the time of booking by one person in the group.
  

Discount vouchers 

1.29. Any discount vouchers are not to be used in conjunction with multi-trip passes, Residents Deals, or promotional fares.

Bicycles, other equipment and excess baggage 

1.30. Bicycles are transported at the risk of the owner. Each of our vessels vary in size, but in general up to 10 bikes and scooters (manual and electric) may be stored on our vessels at any given time, subject to 1.34 below. All bicycles must be safely stowed in the dedicated area of the vessel, usually on the outdoor lower deck bicycle racks where available, or other available space, once all passengers and vehicles are boarded. 

1.31. Waiheke Island only: For foot passengers during the Summer timetable season (mid October to mid March) additional fees are charged for kayaks. Visit our website for a summary of these fees.  

1.32. Aotea Great Barrier Island only: there is a baggage allowance of two pieces per person. Charges will apply for additional baggage over this allowance. For foot passengers during the Summer timetable season (mid October to mid March) additional fees are charged for surfboards, bikes and kayaks. Visit our website for a summary of these fees.  
1.33. If you are carrying bicycles on bike racks or any other items that overhang the length of your vehicle, you will need to book a vehicle space that includes the entire length of the overhang. If you have roof mounted bike racks you will need to contact our Customer Care Team to confirm height of vehicle prior to travel.
1.34. Should you be operating a commercial business or travelling in a group involving the carriage of bicycles, kayaks or any other sporting equipment, please advise the Customer Care Team in advance of travel as it may be necessary to purchase a designated vehicle space, depending on the size of your group and the storage limitations for bikes and/or sporting equipment that we have on-board our vessels.
  

Vehicle pricing 

1.35. Pricing for vehicles is subject to the length and in some instances weight of the vehicle. Our vehicle pricing is detailed on our website . For vehicles over 5.5 metres please contact our Customer Care team for pricing and to make your booking. Please ensure if you have a bike rack or any other extension to your vehicle that the overall length of the vehicle including the extension is advised at time of reservation. Any changes to vehicle length including the addition of any extension must be advised to our Customer Care Team as the booking may need to be upgraded and an additional fare paid.
  

Unaccompanied vehicles or trailers 

1.36. Unaccompanied vehicles and/or trailers can only travel on certain sailings and by prior arrangement which must be made by calling our Customer Care Team.
1.37. Unaccompanied vehicles take additional time to load on and off our vessels and have applicable fees that may apply to your booking. Please note that the driver is still required to drive the vehicle onto the vessel and organise suitable arrangements for someone to drive the vehicle off the vessel at the other end. Visit our website for a summary of these fees. Due to the loading requirements, unaccompanied vehicles or trailers should be available for boarding no later than 30 mins prior (Waiheke) or 60 minutes prior (Aotea Great Barrier and Rakino) to departure. SeaLink reserves the right to deny boarding for any unaccompanied vehicle(s) or trailer(s) which cannot be driven on and off the vessel and/or where a prior arrangement has not been made with us.
1.38. All unaccompanied vehicles and/or trailers must be collected upon arrival at our terminals, except by prior arrangement with us. An additional fee may be charged for vehicles that are not collected at the designated terminal at the agreed time, and prior to departure of the next sailing. Visit our website for a summary of these fees. SeaLink does not accept any liability for theft or damage to unaccompanied vehicles that have been unloaded at our terminals. 

1.39. If the vehicle/trailer is not collected and it results in the vehicle/trailer having to travel again you will be charged a full one-way fare that needs to be paid on pick up.
  

Boarding and check in 

1.40. Boarding and check in

a. Waiheke Island: All passengers travelling to/from Waiheke with or without vehicles should report a minimum of 30 minutes prior to departure. Due to loading requirements, boarding will close 20 minutes prior to departure for vehicles and 15 minutes prior for foot passengers. SeaLink reserves the right to deny boarding after this time.
b. Aotea Great Barrier Island: All passengers travelling to/from Aotea Great Barrier with vehicles should report a minimum of 60 minutes prior to departure. Foot passengers should report a minimum of 30 minutes prior to departure. Due to loading requirements, boarding will close 20 minutes prior for vehicles and 15 minutes prior for foot passengers. Sealink reserves the right to deny boarding after this time. 

c. Rakino Island: All passengers travelling to/from Rakino with or without vehicles should report a minimum of 60 minutes prior to departure. Due to loading requirements, boarding will close 30 minutes prior to departure. SeaLink reserves the right to deny boarding after this time.

1.41. Smoking, vaping or the use of e-cigarettes is not permitted anywhere on our vessels and at our terminals.

1.42. Seatbelts must be worn by all vehicle occupants whilst boarding and disembarking a vessel in vehicles. Children must be strapped into their car seats.

1.43. Vehicles with low undercarriages must take care when driving onboard as SeaLink will not be responsible for any damage incurred during loading or disembarking.

1.44. On days with heavy loadings, you may be required to vacate your vehicle and move to the passenger deck once onboard.

1.45. As part of our safety protocols, in times of poor visibility into the vehicle Marshalls may ask passengers to wind down windows so we can confirm passenger count. 

2.1. All concession tickets are valid for 12 months from the date of issue. After this date they are considered expired and are non-refundable and not valid for travel. Unused portions of concession tickets will not be refunded. 

2.2. Expiry dates for concessions, special fares, deals or vouchers (for gifts, prizes or general travel) will not be extended. 

2.3. Should your plans change, you may amend your vehicle booking if you follow the below criteria: 

-Payment of a change fee (see clause 2.9 or 2.10); and 

-Payment of any difference between original ticket if the new fare is more than the fare for the original ticket; or 

-Refund of any difference between the original ticket if the new fare is less than the fare for the original ticket. Please note, the payment of any change fee will be deducted prior to payment of the refunded amount. 

-You have arrived with at least 15 minutes before the sailing of the vessel you wish to board 

-Space availability on the earlier sailing of the vessel they wish to board  

-Given the operational nature at our terminals, any changes to your booking made at the terminal is not guaranteed and is at the discretion of the Customer Care Team and the Skipper of the vessel. 

  2.4. SeaLink Standby Process: 

Should you not have a ticket for the sailing you wish to travel on, you will join the standby queue and board the sailing only if a space opens up and is at the Skipper’s and Customer Care team's discretion.  

You can purchase the relevant fare at the ticket office with our Customer Care team. 

A space will only be confirmed 15 minutes prior to departure. 

2.5. Cancellation for passengers and/or vehicles up to 5.9 metres in length: SeaLink reserves the right, in the event of a confirmed/paid booking being cancelled by a passenger, to charge a cancellation fee. Cancellation fees apply to the total booking value and are as follows: 

a. Cancellation received more than 7 days prior to sailing will be either $10.00 or 10% of the fare whichever is greater. 

b. Cancellation received between 7 days and 24 hours prior to sailing will be either $10.00 or 20% of the fare whichever is greater. 

c. Cancellation received less than 24 hours prior to sailing will be either $10.00 or 50% of the fare whichever is greater. 

d. Cancellation less than one hour prior to sailing and/or failure to board – 100% of the fare.  

2.6. Cancellation fees for vehicles greater than 5.9 metres in length: Where a confirmed/paid booking is cancelled by a customer or their authorised representative or agent, SeaLink reserves the right to charge a cancellation fee for the vehicle, driver and any passengers. Cancellation fees apply to the individual sailing(s) on that booking and are as follows: 

a. Cancellation received more than 72 hours prior to sailing will not incur a cancellation fee. 

b. Cancellation received between 72 hours days and 24 hours prior to sailing will incur of fee of 15% of the fare. 

c. Cancellation received less than 24 hours prior to sailing or failure to board will incur a fee of 100% of the fare. 

2.7. Cancellation Fees 10 Trip Vehicle Pass: Notwithstanding clause 2.5 a. to d. above: 

a. Waiheke Island: where a booking has been made using a 10 Trip Vehicle Pass, a cancellation fee may be charged when a customer or their authorised representative or agent cancels less than 24 hours prior to travel or the vehicle fails to board. 

b. Great Barrier: where an Aotea Great Barrier booking has been made using a 10 Trip Vehicle Pass, a cancellation fee may be charged when a customer or their authorised representative or agent cancels less than 24 hours prior to travel or the vehicle fails to board. 

2.8. Waiheke Island change fees: A change fee may be charged for customer-requested amendments to Waiheke bookings. Changes are permitted up until one hour prior to the scheduled departure of your booked reservation. Change fees are as follows:  

a. Vehicles up to 5.9 metres in length: A change fee will apply to all vehicle booking changes which are made by calling our Customer Care Team or in-person at one of our ticket offices. There is no change fee for booking changes made online. 

b. For vehicles greater than 5.9 metres in length: A change fee will apply to all vehicle booking changes which are made by the customer or their authorised representative or agent.  

c. 10 Trip Car and Driver Pass: Where a booking has been made using a 10 Trip Vehicle Pass, then, notwithstanding clause 2.7 a. and b. above, a change fee may be charged for customer-requested amendments. 

d. Motorbike: A change fee will apply to all motorbike booking changes which are made by calling our Customer Care Team or in-person at one of our ticket offices. There is no change fee for booking changes made online. 

e. Foot passengers only: no change fee applies.

2.9. Aotea Great Barrier Island change fees: A change fee may be charged for customer-requested amendments to Aotea Great Barrier bookings. Changes are permitted up until six hours prior to the scheduled departure of your booked reservation. Change fees are as follows:   

a. Vehicles up to 5.9 metres in length: A change fee will apply to all vehicle booking changes which are made by calling our Customer Care Team or in-person at one of our ticket offices. There is no change fee for booking changes made online by the customer. 

b. For vehicles greater than 5.9 metres in length: A change fee will apply to all vehicle booking changes which are made by the customer or their authorised representative or agent.  

c. Standard Vehicle and Driver Concession: Where a booking has been made using a concession, then, notwithstanding clause 2.8 a. and b. above, a change fee may be charged for customer-requested amendments. 

d. Foot passengers only: no change fee applies. 

3.1. Except as expressly set out in these terms, we shall:  

a. Provide a suitable vessel(s) for you and assign to such vessels appropriate crew; and 

b. Use all reasonable endeavours to ensure that at all times the vessels and their operations comply with all legal obligations in respect of operation of a ferry service. 

3.2. We reserve the right to:  

a. Change our schedule of sailings at any time and without any prior notice; or 

b. Cancel any sailing without any notice; or 

c. Refuse carriage of any person, vehicle, or any class of goods, including, without limitation, due to health and safety, weather and/or availability of vessel or crew.   

In the event we do so, and notwithstanding any other provisions of these conditions, we will use reasonable endeavours to accommodate you on the next available SeaLink sailing at no additional cost but shall not otherwise have any liability to you.

4.1. Passengers travel at their own risk and (except to the extent required by law and as otherwise provided in these conditions). SeaLink will not be responsible for any loss, damage, cost, expense or injury suffered by you or loss or damage to your property or any other person’s property (including, without limitation, in all cases, because of negligence). Without limiting the foregoing, the following conditions apply: 

a. SeaLink will not be liable for any loss, damage or delay caused by or arising from an event beyond the control of SeaLink, including but not limited to any act of God, fire, flood, cyclone, storm, earthquake, tsunami, inevitable accident, war, riot, insurrection or civil commotion, strike, lock-out, stoppage or restraint of labour, epidemic, pandemic, quarantine, or Government action or intervention, regardless of the cause and whether partial or general or any other event beyond SeaLink’s reasonable control. 

b. SeaLink does not warrant that services will be available at any particular time or at all. SeaLink is not liable to you or any other person: 

I. for any consequences arising from any variation or delay in the time of arrival or departure from any wharf or stop of any vessel; 

II. for any loss or damage as a result of a cancellation or any variation of the time of arrival or departure from any wharf or stop of any vessel; 

III. for damage to any of your property; or 

IV. for the death of any passenger or other person or for injury, harm disease or damage to health, whether physical, mental or otherwise (including mental or nervous shock or distress) suffered by a passenger or other person. 

4.2. You will always indemnify SeaLink against any loss, damage or cost suffered or incurred by SeaLink as a direct or indirect result of a breach by you of your obligations under these Terms and Conditions. 

4.3. Any carriage of goods (including vehicles and baggage or other belongings on or within vehicles) is undertaken at "limited carrier's risk" in accordance with Part 5 Subpart 1 of the Contract and Commercial Law Act 2017 (Act). SeaLink's liability is limited to $2,000 in respect of each unit of goods lost or damaged or such other amount as specified under the Act from time to time. 

4.4. SeaLink’s liability for loss or damage to property may be further limited if you fail to take steps to eliminate the risk of loss, damage or theft of your property. Please be mindful with your baggage and keep valuable items with you at all times. 

4.5. All claims for loss or damage must be received by SeaLink within 21 days of the relevant sailing. 

4.6. SeaLink is not in any circumstances liable for any loss of profits, indirect or consequential loss or damage. 

4.7. Passengers shall not remove, damage or interfere with any part of SeaLink property. Any person who interferes with, damages or causes damage to any SeaLink property shall be liable for the cost of the repair and reinstatement of that property together with any other losses, damage or expense incurred by SeaLink as a consequence. 

4.8. SeaLink reserves the right to refuse to carry any person, and/or to remove from our vessels or terminals, including from any vehicle, any person, who is intoxicated, drugged, or behaving in a manner which is dangerous or offensive, or who is in SeaLink’s opinion unfit to travel, and who refuses to comply with any direction made by SeaLink. 

Travelling Safely

4.9. You are responsible to take all reasonable steps to ensure your own health and safety, as well as the health and safety of those in your care.  This includes: 

a) Paying full attention and adhering to all reasonable health and safety instructions provided by SeaLink crew. 

b) Acting in a manner that does not endanger yourself or others. This includes not tampering with plant and equipment provided in the interest of health and safety.  

c) Following all reasonable instructions provided by the crew and/or the emergency services, without delay or objection, during an emergency. 

 4.10. SeaLink will ensure we meet our obligations under the Health and Safety at Work Act 2015, as well as all applicable regulations, approved codes of practice, and relevant industry standards. 

Dangerous Goods

4.11 SeaLink will comply with all applicable legal requirements for the safe handling, storage and transportation of dangerous goods, as regulated by Maritime New Zealand and any other relevant authorities. 

4.12 If you transport dangerous goods (refer to SeaLink dangerous good list), you are responsible to: 

a) Notify SeaLink, by completing a dangerous goods declaration form, at the time of booking, and returning it to SeaLink for review and approval. 

b) Comply with all applicable legislative requirements for the safe handling, storage and transportation of the dangerous goods. 

Failure to declare dangerous goods and/or complete a dangerous goods form may result in the cancellation of your ticket.  

4.13. SeaLink reserves the right to refuse carriage of and/or to remove from its vessels or terminals any dangerous goods that are volatile in nature, offensive or which may cause harm to SeaLink passengers or crew. 

 4.14. On designated dangerous goods sailings, all drivers and passengers must vacate their vehicles and the vehicle deck for the duration of the sailing. 

Transportation of Animals and/or Insects 

4.15. No bees or hives will be transported on a regular sailing at any time. All such movements must be at night or in the evening on an individual charter or a fuel run, where passengers are normally not present. This is to be arranged with SeaLink at the time of booking. The beekeeper and transporter driver must remain on board and monitor the load. Hives must be suitably covered with netting to prevent the bees from escaping. The beekeeper and transporter must provide SeaLink with a suitable emergency plan and medical provision acceptable to SeaLink in all respects, prior to sailing. SeaLink reserves the right to refuse carriage of bees or hives at any time and shipping is at the master's discretion. 

4.16. Carriage of domestic animals is permitted but not in the café/food service area unless they are a registered disability assist dog. Animals must always be attended to and kept under the strict control of the accompanying passenger. SeaLink reserves the right to refuse carriage of any animal at any time. 

4.16. Carriage of disability assist dogs and public service dogs is permitted, the dog should be registered and displaying its Ministry of Civil Defence tag. Please note 1.23 and 1.27 for more specific information. 

4.17. Owners will be fully responsible for their domestic animal and must abide by all legislation and bylaws relating to their  domestic animal and follow all crew directions. Failure to follow instructions will mean the domestic animal will not be allowed to travel. 

4.18. The Hauraki Gulf is a controlled area with respect to the movement of animal pests* under the Auckland Regional Pest Strategy. The movement of pests into and out of, or from another place within the Gulf is prohibited. SeaLink supports the conservation of the Hauraki Gulf Islands and will advise the appropriate authority if any passenger or vehicle is seen to be carrying these animal pests. 

 *Animal pests include but are not limited to - Argentine ants, deer, feral goats, mice, mustelids (ferrets, stoats, weasels) plague skinks, rats, rabbits and wallabies. For more information or clarification, please phone our Customer Care Team. 

5.1. We strongly recommend that you take out motor vehicle, personal and/or travel insurance to cover any unforeseen circumstances that may arise. Cancellation insurance is highly recommended as disrupted plans can prove costly. We recommend you contact your insurance provider who will assist you to choose the right cover. 

5.2. SeaLink does not accept any liability for inadequate insurance or any failure by you to effect insurance on your own behalf.  

6.1. Where you are engaged “in trade” and the services are supplied and acquired by you “in trade” SeaLink and you agree that the terms of the Consumer Guarantees Act 1993 shall not apply to the extent permitted by section 43 of that act. 

6.2. Where you are engaged “in trade” and the services are supplied and acquired by you “in trade”, SeaLink and you agree that sections 9, 12A and 13 of the Fair Trading Act 1986 shall not apply and SeaLink shall have no liability for any misrepresentation or omission to the extent permitted by section 5D of that act. 

These terms and conditions apply to all services by SeaLink Pine Harbour Limited (SeaLink) for travel to and from Pine Harbour.  Please read these terms and conditions carefully before purchasing a ticket or boarding any SeaLink vessel.  By purchasing a ticket or using our services in any way, you agree to be bound by these terms and conditions. Nothing in these terms and conditions is intended to limit your rights under the Consumer Guarantees Act 1993.  SeaLink may vary these terms and conditions at any time by updating them.

1. General Conditions

1.1 All fares, timetables and vessels are subject to change or cancellation without notice, due to weather, marine or operational requirements. For current information call +64 9 300 5900. SeaLink will not be liable for any losses, liability, damages, costs or expenses incurred as a result of cancellation or delays.

1.2 SeaLink does not offer services to/from Pine Harbour on weekends or public holidays.

1.3 All fares are in NZD$ and include Goods and Services Tax (15%).

1.4 Cheques are not acceptable for payment.

1.5 Two pieces of carry-on baggage may be carried by each passenger free of charge.

1.6 Every passenger must either have a valid ticket or an AT HOP card (which each passenger is required to “tag on” and “tag off” with at the machines provided at each terminal) to travel. If a ticket is lost, stolen, defaced or mutilated, a replacement ticket must be purchased before a passenger can travel. A valid ticket must be presented for inspection at any time, if requested by any crew or staff.

1.7 Child ferry fares are valid for those 5-15 years inclusive. 0-4 years travel free of charge.

1.8 Parents or guardians are solely responsible for the behavior of children in their care or under their supervision.  Under no circumstances is SeaLink responsible for the supervision or care of any child whether they are unaccompanied or travelling with their parent or guardian. We strongly recommend that a parent or guardian accompany passengers under 14 years of age on all services.

1.9 SeaLink may in its discretion accept payment of fares by way of alternative methods, such as electronic smartcards, including the AT HOP card (and these terms and conditions will apply to those alternative methods).Acceptance of any alternative method of payment will be subject at all times to the relevant issuer’s terms and conditions. Terms of use for AT HOP cards are available at here; 

1.10 Secondary school students travelling in school uniform or with a valid school ID card may travel on a child fare.

1.11 Tertiary fares are only available on an AT HOP card with the appropriate concession loaded onto it. See https://at.govt.nz/athop for more information. SeaLink may ask for tertiary ID at any time

1.12 Passengers who hold a Total Mobility AT HOP card may travel in accordance with the applicable Auckland Transport conditions (upon presentation of such card).

1.13 Senior fares are valid for those 65 years and over who hold appropriate senior citizen identification. Identification may be requested.

1.14 SuperGold Card holders must purchase a Gold AT HOP Card and are subject to SuperGold conditions of use.  SuperGold Card holders can travel free after 9am Monday to Friday (if you are travelling before 9am the standard SeaLink Adult fare applies).   SuperGold Card holders are required to use a Gold AT HOP card to tag on and off when boarding and disembarking our vessels, and may be asked to present their SuperGold entitlement card issued by Ministry of Social Development upon request.  

1.15 Bicycles are transported at the risk of the owner. Transport of bicycles is subject to availability of space. All bicycles must be safely stowed in the dedicated areas of the vessel on the outdoor deck, after all passengers have boarded.

1.16 All passengers travelling to/from Pine Harbour should report 15 minutes prior to departure.  Boarding will close 2 minutes prior to departure.  SeaLink reserves the right to deny boarding after this time.

1.17 Smoking is not permitted inside and outside any SeaLink vessels from/to Pine Harbour.

2. Service Standards

2.1 Except as expressly set out in these terms, we shall:

provide a suitable vessel(s) for the you and assign to such vessels appropriate crew; and

use all reasonable endeavours to ensure that at all times the vessels and operations comply with all legal obligations in respect of operation of a ferry service.

2.2 We reserve the right to:

change our schedule of sailings at any time and without any prior notice;

cancel any sailing without any notice; or

the vessel Master has the right to refuse carriage of any person or any class of good

including, without limitation, due to health and safety, weather and/or availability of vessel or crew reasons.In the event that we cancel any particular sailing, we will use reasonable endeavours to provide alternative transport or accommodate you on the next appropriate sailing by us but shall not otherwise have any liability to you.

3. Conditions of Carriage

3.1 Passengers travel at their own risk and (to the extent permitted by law) SeaLink will not be responsible for any loss, damage, cost, expense or injury suffered by you or loss or damage to your property or any other persons property (including, without limitation, in all cases, as a result of negligence).  Without limiting the foregoing, the following conditions apply

SeaLink will not be liable for any loss, damage or delay caused by or arising from an event beyond the control of SeaLink, including any act of God, inevitable accident, riot, civil commotion, strike, lock-out, stoppage or restraint of labour, regardless of the cause and whether partial or general.

SeaLink does not warrant that services will be available at any particular time or at all.  SeaLink is not liable to you or any other person:

for any consequences arising from any variation or delay in the time of 

arrival or departure from any wharf or stop of any vessel;

for any loss or damage as a result of a cancellation or any variation of the time of arrival or departure from any wharf or stop of any vessel;

for damage to any of your property; or

the death of any passenger or other person or for injury, harm disease or damage to health, whether physical, mental or otherwise (including mental or nervous shock or distress) suffered by a passenger or other person.

3.2 If there is contributory negligence on the part of a passenger or other person, SeaLink’s liability is subject to the law relating to contributory negligence.

3.3 You will indemnify SeaLink at all times against any loss, damage or cost suffered or incurred by SeaLink as a direct or indirect result of a breach by you of your obligations under these Terms and Conditions.

3.4 The Carriage of Goods Act 1979 applies to freight luggage where a separate fee has been charged for its carriage specifically.  Such freight luggage is carried at "limited carrier's risk". SeaLink's liability is capped to the value of $2,000.00 in respect of each unit of goods lost or damaged or such other amount as specified under the Carriage of Goods Act 1979.

3.5 SeaLink’s liability for loss or damage to property may be further limited if you fail to take steps to eliminate the risk of loss, damage or theft of your property.  All claims for loss or damage must be received by SeaLink within 21 days of the sailing in accordance with section 18 of the Carriage of Goods Act 1979.

3.6 All luggage taken on-board is carried at the owner’s risk.  SeaLink accepts no responsibility for any lost, stolen or damaged luggage. In case of lost luggage, passengers can contact SeaLink: 09 300 5900

3.7 Passengers shall not remove, damage or interfere with any part of SeaLink property. Any traveller who interferes with, damages or causes damage to any SeaLink property shall be liable for the cost of the repair and reinstatement of that property together with any other losses, damage or expense SeaLink may have incurred.

3.8 SeaLink reserves the right to refuse to carry any person, or to seek to remove any person, who is intoxicated, drugged, or behaving in a manner which is dangerous or offensive to other travellers, and who refuses to comply with a reasonable request made by SeaLink under these circumstances.

Dangerous Goods

3.9 No dangerous goods (including small LPG bottles, petrol, paint and batteries) can be brought on to any SeaLink vessel travelling to or from Pine Harbour.

Pets

3.10 Carriage of domestic animals is permitted but not in the passenger cabin unless they are confined in an acceptable cage (which must be placed on the floor, not seats or tables) and be under the control of the owner.  Animals must be attended to and kept under the strict control of the accompanying passenger at all times. Dogs must be kept on a lead at all times.  SeaLink reserves the right to refuse carriage of any animal at any time.

3.11 Carriage of Disability Assist Dogs is permitted.

3.12 Owners will be fully responsible for their pets and must abide by all legislation and bylaws relating to their pets, and crew directions.  Failure to follow instructions will mean the domestic animal will not be allowed to travel.

3.13 The Hauraki Gulf is a controlled area with respect to the movement of animal pests* under the Biosecurity Act 1993. The movement of pests into and out of, or from another place within the Gulf is prohibited. SeaLink supports the conservation of the Hauraki Gulf Islands and will advise the appropriate authority if any passenger is seen to be carrying these animal pests.

*Animal pests include - possums, deer and feral goats, wallabies, mustelids, rabbits, ferrets and stoats

For more information or clarification, please phone (0800) SEALINK (0800 732546).

4. General Conditions

4.1 All services provided are subject to the conditions of the principal providers and no responsibility is accepted by SeaLink for misrepresentation, unforeseen omissions or additional costs incurred, including those arising from adverse weather conditions.

These terms and conditions apply to any booking for a sailing with SeaLink Travel Group New Zealand Limited (SeaLink) other than on sailings available to the general public (a Charter). Please read these terms and conditions carefully before booking a Charter or boarding any SeaLink vessel.  By booking a Charter you agree to be bound by these terms and conditions.

Where the Consumer Guarantees Act 1993 (Act) applies, these terms and conditions will be read subject to the application of the Act and, in the case of any conflict, the provisions of the Act will prevail.  Where you are acquiring our services for the purpose of business, you agree that the Act does not apply.  

SeaLink may vary these terms and conditions at any time by updating them.

1. General Conditions

1.1 Timetables and vessels are subject to change or cancellation without notice, due to weather, marine or operational requirements. For current information call +64 9 300 5919.  SeaLink will not be liable for any losses, liability, damages, costs or expenses incurred as a result of cancellation or delays.

1.2 A final passenger count and, where applicable, a vehicle manifest (which includes a description of any dangerous goods) is required prior to departure.

1.3 When making your booking, a Charter booking form must be completed. The person signing the Charter booking form or paying the deposit for the booking (the Party Leader) must have, and is taken by SeaLink to have, the authority to do so on behalf of all of the other people covered by the booking (the Group).

1.4 The Party Leader is responsible for the Group’s behavior.  The Group will be liable for the cost of any damage or loss of equipment that may occur during the Charter.  The Chartered vessel must be kept tidy and no passenger shall discharge any rubbish from the Chartered vessel at any time during the Charter.

1.5 The Group is responsible for the behavior of children in their care or under their supervision.  Under no circumstances is SeaLink responsible for the supervision or care of any child whether they are unaccompanied or travelling with their parent or guardian.

1.6 The skipper of the vessel reserves the right to refuse any person access on any Charter sailing for any reason including any person who is under 14 years of age, unruly in behavior, unfit to travel, is likely to cause distress or discomfort to other passengers.  The skipper may also require any person to leave the vessel.

1.7 The skipper of the vessel is responsible for the running and safe navigation of the vessel, and the Party Leader will procure that the Group complies with the skipper’s decisions in relation to times of sailing, navigating and berthing the vessel.

1.8 Seatbelts must be worn whilst boarding and disembarking the vessel in vehicles.

1.9 All passengers travelling on a Charter to/from Waiheke Island should report a minimum of 30 minutes prior to departure. All passengers travelling on a Charter to/from Rakino Island, Great Barrier Island or other islands should report a minimum of 60 minutes prior to departure.

1.10 Smoking is not permitted inside any SeaLink vessels. In the case of Dangerous Goods sailings, smoking is not permitted anywhere inside and outside our vessels including decks.

2. Booking and cancellation conditions

2.1 Cheques and cash are not acceptable for payment.

2.2 The cost of a Charter services is in NZD$ and exclude Goods and Services Tax (15%) unless otherwise stated.

2.3 For account holders, a deposit of 25% is due within 14 days of booking in order to confirm the booking, or at the time of booking if the Charter service is booked less than 14 days before the Charter service is to be provided. Final payment is due 30 days after the date the Charter service is provided.

2.4 Livestock Charters will incur a ferry cleaning fee, charged at $500 plus GST per hour.  For the avoidance of doubt, this is in addition to the booking cost.

2.5 SeaLink reserves the right to require a bond of $500 plus GST to be paid before a booking is confirmed. This is to cover any damages and cleaning required after the Charter.

2.6 Cancellation fees: SeaLink reserves the right, in the event of a confirmed/paid booking being cancelled by a passenger, to charge a cancellation fee. Insurance is highly recommended. Cancellation fees apply to the total booking value and are as follows:

Cancellation received more than 7 days prior to sailing - 10% of the booking price. This will be deducted from the deposit paid and the balance credited to a nominated bank account.

Cancellation received between 7 days and 24 hours prior to sailing - 20% of the booking price. This will be deducted from the deposit paid and the balance credited to a nominated bank account.

Cancellation received less than 24 hours prior to sailing - 50% of the booking price.

Failure to board – 100% of the booking price.

2.7 If you wish to change your arrangements in any way we will attempt to accommodate such changes, however, this may not always be possible.  Any request for a change must be made by the Party Leader. Please check whether your insurance will cover any changes or increased costs resulting from a change.

3. Service Standards

3.1 Except as expressly set out in these terms, we shall:

(a) provide a suitable vessel(s) for you and assign to such vessels appropriate crew; and

(b) use all reasonable endeavours to ensure that at all times the vessels and operations comply with all legal obligations in respect of operation of a ferry service.

3.2 We reserve the right to:

(a) alter the timing of a scheduled Charter at any time and without any prior notice;

(b) cancel any Charter without any notice; or

(c) refuse carriage of any person or any class of goods,

including, without limitation, due to health and safety, weather and/or availability of vessel or crew reasons. In the event we do so, we will use reasonable endeavours to accommodate you on the next appropriate Charter or will provide a monetary refund for the deposit paid (at SeaLink’s sole discretion), but shall not otherwise have any liability to you.

4. Conditions of Carriage

4.1 Passengers travel at their own risk and (to the extent permitted by law) SeaLink will not be responsible for any loss, damage, cost, expense or injury suffered by you or loss or damage to your property or any other persons property (including, without limitation, in all cases, as a result of negligence).  Without limiting the foregoing, the following conditions apply:

(a) SeaLink will not be liable for any loss, damage or delay caused by or arising from an event beyond the control of SeaLink, including any act of God, inevitable accident, riot, civil commotion, strike, lock-out, stoppage or restraint of labour, regardless of the cause and whether partial or general.

(b) SeaLink does not warrant that services will be available at any particular time or at all.  SeaLink is not liable to you or any other person:

for any consequences arising from any variation or delay in the time of arrival or departure from any wharf or stop of any vessel;

for any loss or damage as a result of a cancellation or any variation of the time of arrival or departure from any wharf or stop of any vessel;

for damage to any of your property; or

the death of any passenger or other person or for injury, harm disease or damage to health, whether physical, mental or otherwise (including mental or nervous shock or distress) suffered by a passenger or other person.

4.2 If there is contributory negligence on the part of a passenger or other person, SeaLink’s liability is subject to the law relating to contributory negligence.

4.3 You will indemnify SeaLink at all times against any loss, damage or cost suffered or incurred by SeaLink as a direct or indirect result of a breach by you of your obligations under these Terms and Conditions.

4.4 The Contract and Commercial Law Act 2017 applies to freight luggage where a separate fee has been charged for its carriage specifically.  Such freight luggage is carried at "limited carrier's risk". SeaLink's liability is capped to the value of $1,500.00 in respect of each unit of goods lost or damaged or such other amount as specified under the Contract and Commercial Law Act 2017. We strongly recommend that you take out personal or travel insurance to cover any unforeseen circumstances that may arise. SeaLink does not accept liability for inadequate insurance as well as your failure to effect insurance on your own behalf.

4.5 SeaLink’s liability for loss or damage to property may be further limited if you fail to take steps to eliminate the risk of loss, damage or theft of your property.  All claims for loss or damage must be received by SeaLink within 30 days of the sailing in accordance with section 274 of the Contract and Commercial Law Act 2017.

4.6 All luggage taken on-board is carried at the owner’s risk.  SeaLink accepts no responsibility for any lost, stolen or damaged luggage.  Please be mindful with your luggage and keep all valuable items with you at all times.

4.7 Passengers shall not remove, damage or interfere with any part of SeaLink property. Any traveller who interferes with, damages or causes damage to any SeaLink property shall be liable for the cost of the repair and reinstatement of that property together with any other losses, damage or expense SeaLink may have incurred.

4.8 SeaLink reserves the right to refuse to carry any person, or to seek to remove, or remove from the vehicle any traveller, who is intoxicated, drugged, or behaving in a manner which is dangerous or offensive to other travellers, and who refuses to comply with a reasonable request made by SeaLink under these circumstances.

Dangerous Goods

4.9 SeaLink reserves the right to refuse to carry any person, or to seek to remove, or remove from the vehicle any traveller, who is carrying undeclared dangerous goods.

4.10 The carriage of dangerous goods is regulated by the Maritime Rules of Maritime New Zealand. Dangerous goods must be declared to SeaLink at the time of booking. If you are carrying any dangerous goods and your vehicle is travelling unaccompanied you are required to compile a Dangerous Goods Declaration (See Dangerous Goods form for limitations). This form will need to be handed in at check-in. SeaLink reserves the right to refuse carriage of any dangerous goods that are in any way volatile in nature, offensive or which may cause harm to SeaLink passengers or crew.

4.11 Charters carrying bees or hives are to be arranged with SeaLink. The bee keeper and transporter are required to remain on board and monitor the load. The hive must be suitably covered with netting to prevent the bees from escaping. The bee keeper and transporter must agree with SeaLink on a suitable emergency plan and medical provision prior to sailing. SeaLink reserves the right to refuse carriage of bees or hives at any time and shipping is at the master’s discretion. 

Pets

4.12 Carriage of domestic animals is permitted but not in the passenger cabin unless they are confined in an acceptable cage (which must be placed on the floor, not seats or tables) and be under the control of the owner. Animals must be attended to and kept under the strict control of the accompanying passenger at all times.  SeaLink reserves the right to refuse carriage of any animal at any time.

4.13 Carriage of Disability Assist Dogs is permitted, at the discretion of the vessel’s master or crew.

4.14 Owners will be fully responsible for their pets and must abide by all legislation and bylaws relating to their pets, and crew directions.  Failure to follow instructions will mean the domestic animal will not be allowed to travel.

4.15 The Hauraki Gulf is a controlled area with respect to the movement of animal pests* under the Biosecurity Act 1993.  The movement of pests into and out of, or from another place within the Gulf is prohibited. SeaLink supports the conservation of the Hauraki Gulf Islands and will advise the appropriate authority if any passenger is seen to be carrying these animal pests.

*Animal pests include - possums, deer and feral goats, wallabies, mustelids, rabbits, ferrets and stoats.

For more information or clarification, please phone (0800) SEALINK (0800 732546).

5. General Conditions and Insurance

5.1 All services provided are subject to the conditions of the principal providers and no responsibility is accepted by SeaLink for misrepresentation, unforeseen omissions or additional costs incurred, including those arising from adverse weather conditions.

5.2 Cancellation insurance is inexpensive and highly recommended as disrupted plans can prove costly. We recommend you contact your insurance provider who will assist you to choose the right cover.  

1. Terms and conditions

1.1 Subject to clause 1.2, these terms apply to all services provided to you by FreightLink Limited, trading as SeaLink Logistics (SeaLink Logistics, us), in relation to the transport of goods (Goods) to and from Waiheke Island, Great Barrier Island, and other Hauraki Gulf Islands that may be agreed between us, and/or road transport on Waiheke Island, Great Barrier Island, Auckland and other Hauraki Gulf Islands (Services). By placing an order with SeaLink Logistics you agree to be bound by these terms. 

1.2 Where you have entered into a formal written agreement for carriage of goods with us, the contractual relations between SeaLink Logistics and you will be governed by the terms of that agreement.

2. Service Standards

2.1 Except as expressly set out in these terms, we shall:

(a) endeavour to deliver the Goods to the agreed address within the delivery targets agreed with you (or, if no agreement, as notified to you) for the relevant Service and otherwise within a reasonable time; and

(b) ensure our drivers are fit for work and hold all required licences.

2.2 To the extent the Services include ferry transportation:

(a) except as expressly set out in these terms, we shall:

provide a suitable vessel(s) for the Services and assign to such vessels appropriate crew; and

use all reasonable endeavours to ensure that at all times the vessels and operations comply with all legal obligations in respect of operation of a vehicular ferry service; and

(b) we reserve the right to:

change our schedule of sailings at any time and without any prior notice;

cancel any sailing without any notice; or

refuse carriage of any person, vehicle, or any class of goods,

including, without limitation, due to health and safety, weather and/or unavailability of vessel or crew reasons.  In the event we do so, we will use reasonable endeavours to accommodate the relevant goods on the next appropriate sailing by us but shall not otherwise have any liability to you.

3. Rates and charges

3.1 The price for Services are calculated from the weight, measurement or value of the freight, as declared by you to SeaLink Logistics.  All packaging, pallets and other such items in which Goods are packed or stored are deemed to form part of the Goods for the purposes of assessing the weight and measurement of the freight and calculating the charges payable by you.

3.2 If you misrepresent the quantity, weight, measurement, nature or value of any Goods to be shipped, then regardless of whether that misrepresentation is wilful or not:

we may change the price to a more appropriate rate; and

you will be liable for any fines or penalties that may arise from carriage of the Goods.

3.3 Rural delivery fees will be applicable for any Waiheke outer zone delivery locations. These include Awwawaroa Bay, Te Matuka Bay, Connell’s Bay, Orapiu, Garden Bay, Man O War Bay, Stony Batter, Cactus Bay, Hooks Bay, Cowes Bay and Owhiti Bay and may be subject to change.

3.4 SeaLink Logistics reserve the right to charge a non-pickup fee to you in the event that SeaLink Logistics has been instructed to collect Goods at a certain location and Goods are not available for collection at such location at the time agreed by us.

3.5 From the date on which SeaLink Logistics’ responsibility for the Goods ceases as defined in section 258 of the Contract and Commercial Law Act 2017 (Act), we may hold all Goods not picked up by you, and/or any undelivered Goods, and we shall be entitled to:

(a) charge storage fees at our normal storage rates at your expense and risk; and/or

(b) sell, destroy or otherwise dispose of the Goods, where in our opinion the Goods appear to be deteriorating and are likely to become offensive, or entering into a dangerous state, and you will be held liable for the full expense of such sale, destruction or disposal; and/or

(c) return the Goods to you at your own expense and risk, and we shall not be under any liability for any loss or damage to the Goods however they may be caused.

4. Invoices

4.1 Payment of any invoice is due on the 20th of the month following the date of the invoice.

4.2 Payment must not be withheld or deferred by you on account of any claim, counter-claim or set-off. Should payment in full not be made to us by the 20th of the month following the date of the relevant invoice, then (without prejudice to any other remedies we may have) you must pay interest to us on all amounts outstanding, at a rate of 1.5% per month or part thereof from the time of such carriage.

5. Liability

5.1 All Goods carried by us pursuant to these terms will be carried at “limited carrier’s risk” for the purposes of the Act.

5.2 Subject to the provisions of the Act imposing liability for loss or damage to the Goods carried by SeaLink Logistics, and to the extent permitted by the Consumer Guarantees Act 1993:

(a) we will be under no liability, however caused or arising and (without limiting the foregoing) whether caused or arising as a result of our negligence or otherwise for any damage to, loss or deterioration nor for any instructions, advice, information or service given or provided to any person, whether in respect of the Services or any other thing or matter, nor for any consequential or indirect loss, loss of market, profits or opportunity (including any liability for consequential loss under section 259(3)(c) of the Act) or consequences of delay; and

(b) you will indemnify us against all claims of any kind whatsoever, however caused or arising and (without limiting the foregoing) whether caused or arising as a result of our negligence or otherwise, brought by any person in connection with any matter or thing done, said or omitted by us in connection with the Services.

5.3 There is a greater risk of loss or damage to Goods if such Goods are improperly packaged or are missing some or all packaging. Without limiting any other provision of this agreement, SeaLink Logistics is not liable for any loss or damage to the Goods arising from your failure to appropriately package the Goods prior to sending with SeaLink Logistics.

6. Notification of claims and limitation of actions

6.1 Our obligations to you end on delivery of the Goods to you (being delivery at the relevant wharf or depot, except where otherwise agreed with you).  If there are any issues with the Services, you must notify SeaLink Logistics prior to leaving with the Goods.  We may require a signature for the handover of the goods into your possession. If you collect the Goods and (irrespective of whether you sign for the same) do not provide any such notification prior to leaving with the Goods, you are deemed to have accepted the Goods and we shall not have any liability to any party in respect of the state of the Goods. References in this clause to “you” are deemed to include people acting, or purporting to act, on your behalf.

6.2 SeaLink Logistics will be under no liability whatsoever unless written notice of any claim, giving reasonable particulars of the event giving rise to the claim, and any alleged damage or loss, is received by us within 21 days after completion of the carriage (which is when our responsibility for the goods ceases as provided by section 258 of the Act), and an action has been commenced by you in a Court of competent jurisdiction within six months of your voyage with us.

6.3 You undertake that no claim or allegation will be made against any servant or agent of ours which attempts to impose upon any of them any liability whatsoever in connection with the Goods and, if any such claim or allegation should nevertheless be made, to indemnify us and any such servant or agent against all consequences thereof.

7. Insurance

7.1 The insurance of any Goods carried by SeaLink Logistics is your responsibility.

8. Documentation

8.1 You must ensure that all Goods:

(a) comply with all laws relating to the nature, packaging, labelling storage and carriage of those Goods, and our expenses and charges in complying with the provisions of any such law or with any order or requirement there under or with the requirement of any harbour, dock, railways, shipping, customs, warehouse or other authority or company or the expenses, charges, levies or fines arising out of the breach of any applicable law, shall be paid by you; and

(b) are packaged or contained in a manner adequate to withstand the ordinary risks of storage and carriage having regard to the nature of the Goods.

9. Legislation

9.1 Sections 284-292 of the Act shall apply to these terms only to the extent that they extend or enlarge our rights and powers pursuant to these terms.

9.2 Sections 274 - 280 of the Act are modified by clause 5 of these terms and shall, in relation to any matter arising out of the provisions of those sections, otherwise have effect subject to the express terms contained in these terms.

9.3 Nothing in sections 281 and 283 of the Act shall apply to these terms.

9.4 Where the provisions of the Consumer Guarantees Act 1993 apply, the provisions of these terms will be read subject to the application of the Consumer Guarantees Act 1993 and, in the case of any conflict, the provisions of the Consumer Guarantees Act 1993 will apply.

9.5 Where you are acquiring our services for the purpose of a business, you agree that the Consumer Guarantees Act 1993 does not apply.

10. Dangerous Goods

10.1 You shall not tender any dangerous Goods for carriage without presenting to us a full description of such dangerous Goods, including details of the quantity and class of such dangerous Goods.

10.2 To the extent that we agree in writing to transport any dangerous Goods, all dangerous Goods must be separately and safely packaged by you prior to commencement of the Services in a container which complies with the Hazardous Substances and New Organisms Act 1996 and is also constructed as to withstand severe impact. All dangerous Goods must be clearly and distinctly labelled as such by you. Such label must carry descriptions appropriate to the Goods therein and be in accordance with the Hazardous Substances and New Organisms Act 1996. Any fees, penalties or fines imposed upon us for the carriage or storage of dangerous Goods for any breach or infringement of the law relating to the storage, labelling or carriage of dangerous goods shall be refunded to us by you unless the breach was caused solely by our default or neglect.

10.3 You agree and accept that where we have agreed to the carriage of your dangerous goods the delivery timeframes are not guaranteed because any carriage of such dangerous goods is subject to compliance with legal compatibility requirements, which may result in your dangerous goods being separated and carried at different times.

11. Ownership of Goods

11.1 You expressly warrant to us that you are the owner or authorised agent of the owner of the goods or property the subject matter of these terms and that you are authorised to accept and do accept these terms not only for yourself, but for and on behalf of you or other persons who are or may hereafter become interested in the goods.

11.2 From the date on which our responsibility ceases as provided by section 258 of the Act, we may hold any goods left behind by you as bailee and shall be entitled to storage fees at normal rates charged by us as bailee and shall not be under any liability for any loss of or damage to the goods howsoever caused, or in our discretion we may return the goods to you at your risk and expense. The provisions set out in clause 4 for recovery of interest and costs on outstanding freight shall apply also to storage fees which remain unpaid seven days after demand for payment has been made.

12. Health and safety

12.1 When on our transportation and at our depots or terminals (which shall only be at the invitation and sole discretion of us) you and each of your personnel, representatives, agents and subcontractors (whether direct or indirect) must be inducted on to our site and must comply with:

(a) all health and safety laws and regulations;

(b) our safety, security, operational, drug and alcohol and other requirements/policies, as advised by us from time to time; and

(c) reasonable directions from our staff with regard to health and safety matters.

12.2 Smoking is not permitted inside our vehicles or in our depots.    

12.3 We will comply with our obligations under the Health and Safety at Work Act 2015 and any regulations, codes of practice and guidelines relevant to the industry. Notwithstanding any other provision of this agreement, we shall not be restricted in any way from (nor liable to you in any way as a result of) complying with such health and safety requirements. 

12.4 We shall be entitled to formally request from you and/or disclose to any persons the following information:

(a) information or reports in relation to any health and safety related incidents that could affect the safety of SeaLink Logistics’ employees, contractors, customers, clients or any persons affected directly or indirectly by the company’s undertakings; and

(b) a copy of your Health and Safety policies and procedures.    

13. Exclusion of Certain Items

13.1 Pursuant to section 293(1) and (2) of the Act, unless we otherwise agree in writing, we will not accept or deal with any:

(a)bullion, cash, negotiable instruments, precious stones, jewellery, antiques, paintings, or other valuables; or

(b)perishable or noxious goods, firearms or any goods likely to cause damage or which it is unlawful to carry.

13.2 You expressly warrant and agree that you will not give any such goods to us. If the Goods include goods of the type referred to in clause 15.1(b), or you cause such goods to be handled or dealt with by us, or any Subcontractor or agent of ours, you shall be liable for all loss, damage or deterioration whatsoever caused by, to or in connection with any other goods carried by us, and shall indemnify us and any Subcontractors and agents of ours against all penalties, claims, damages, costs and expenses arising in connection therewith, and the goods may be destroyed or otherwise dealt with at our sole discretion and any Subcontractor and agent of ours or any other person in whose custody they may be, at your expense, without us and the Subcontractor, agent or such other person being responsible or accountable for the value thereof.

14. Temperature controlled freight

14.1 If you require Goods to be kept at a constant temperature or within a range of temperatures throughout its carriage, you must notify us in writing prior to the time we accept the freight for carriage. Such Goods must be clearly marked as chilled or frozen when they arrive to us. We will only be liable for damages to, or loss of, the freight as a result of the freight not being kept at the notified constant temperature, or range of temperatures, where we have failed to use reasonable endeavours to keep the freight at such temperature (or range of temperatures).

14.2 We reserve the right to check the temperature of Goods by probe-testing or other such means as we determine appropriate.

15. Lien

15.1 All Goods (and documents relating to such Goods) shall, immediately when they come into our possession or any subcontractor or agent of ours, be subject to a particular and general lien and right of detention for all moneys due to us by you or the consignee, consignor or owner, whether in respect of such Goods or otherwise. If any money due to us is not paid within 14 days or, in the case of perishable Goods, within three days, after notice has been given to the person from whom the moneys are due that such Goods are being detained, then they may be sold by auction, tender, private treaty or otherwise at our sole discretion and at the expense of such person, and the net proceeds applied towards satisfaction of any such indebtedness. Any such sale shall be without prejudice to any other rights or remedies we may have. If we in our sole discretion deem the Goods to be unsaleable, we may dispose of the Goods as we may think fit without any liability to you.  The provisions of sections 285(3) to 288 inclusive, section 289 and 291 of the Act shall apply in respect of such lien as if it were a statutory lien arising pursuant to section 285(1) of the Act.

15.2 If the Goods are not owned by you, you hereby indemnify us against all claims of whatever nature by the owner or owners of the Goods.

15.3 You agree not to use any Goods in our possession as security for finance until such time as all sums owing by you to us have been paid in full. If at any time payment from you to us is in arrears, any subsisting obligation of ours to you shall be suspended and we shall not be under any liability to you during such period.

16. Set-off

16.1 We shall be entitled to set-off any amounts due from you against any amounts due to us. The right to any set-off shall apply irrespective of any receivership or liquidation you may be in. You will not set-off any amounts due from us whether liquidated or contingent (including insurance claims for Goods claimed to be damaged by us or our Subcontractors or agents) against any amounts due by you to us.

17. Law

17.1 New Zealand law shall apply to these terms.

18. Privacy Act 1993 and Disclosure

18.1 You irrevocably authorise us to collect, retain and use personal information about you, including but, not limited to, the information contained in these terms and information from third parties (“the Information"), for the purposes specified in clause 18.2.

18.2 The Information obtained pursuant to these terms has been obtained for the following purposes:

(a) determining your ongoing credit worthiness;

(b) administration and enforcement of these terms and any and all other contracts which you have with us;

(c) marketing services provided by us; and

(d) conducting market research by and on our behalf.

18.3 You irrevocably authorise us to provide the Information:

(a) to Subcontractors, employees and agents of ours and any other person, in the ordinary course of business, for any of the foregoing purposes;

(b) to credit agencies and other carriers and services on credit terms to you; and

(c) to our financiers and any person to whom we may sell or assign any part of our business.

19. General

19.1 All or part of any work accepted by us may be fulfilled by our engaging or entrusting the Goods to our authorised subcontractors (the “Subcontractors") on such terms agreed between us and our Subcontractors. You agree that all work may be performed on our behalf by any Subcontractor. In carrying out the work on our behalf, you acknowledge that the Subcontractor has the right to rely on the benefit of these terms.

19.2 We may transfer, assign, novate or otherwise dispose of all or any of our rights and/or obligations under these terms, wholly or partly, and whether for a finite or indefinite period to any other entity and you consent to such transfer, assignment, novation or disposition.

19.3 We shall not be bound by any agreement varying these terms unless such agreement is in writing and signed with due authority on our behalf. You acknowledge that we have the right to vary these terms from time to time at our discretion and without notice. We will not be in breach of these terms due to wars, strikes, lockouts, transport delays, fire, mechanical breakdown, weather, computer error or acts of God or any other cause (whether similar or dissimilar) beyond our reasonable control.

19.4 The Services are provided in accordance with these terms which you acknowledge that you have read and understood.