Alpha CruX Limited - Terms & Conditions of Service

In these Terms “we”, “us” and “our” refers to Alpha Crux Limited trading as Alpha CruX and Joseph Pooley Photography, including its directors, employees and contractors and “you”, “your” and “client” refers to the customer or any agent representing the customer. By booking our services you agree to be bound by these Terms to the exclusion of yours (if any).

1.    Duration

1.1    Please allow 90 minutes for the duration of Stargazing tours, and 3-4 hours for an Astrophotography tour, or 4-5 hours for the Ultimate Deep Sky Experience.  Actual times may vary.
1.2    The experience may begin from around 45 minutes after sunset.  The actual start time may vary and will be advised at the time of booking.

2.    Limitations

2.1    Visibility is weather dependant and not all parts of the sky are guaranteed to be visible on the night of your booking.
2.2    A minimum clear sky percentage of 50% is required to operate to ensure that you get value for your money.  All bookings are subject to cancellation at our sole discretion in the event that the minimum clear sky percentage is not met. In the event that your booking is cancelled under this clause 2.2 then a refund will be provided in accordance with clause 4.2 or the booking will be transferred in accordance with clause 5.1, at your election.
2.3    All experiences and tours are weather dependant so please have a backup date in mind when booking.

3.    Price

3.1    The price shall be the price stated on our pricing schedule which will be reviewed by us from time to time.
3.2    An administration fee of 5% of the total booking price is payable on any pre-paid booking and is non-refundable on any refund given in accordance with clause 4.2 or 4.3. (The 5% fee is included in the total booking price listed and covers administrative costs & payment transaction fees)
3.3    Full payment of the price is due at the time of booking, unless previously agreed in writing.
3.4    At our sole discretion, for certain industry partners, we may agree to invoice you after the experience has been completed.
3.5    If we agree to invoice you after the experience has been completed, payment will be due on the date specified on the invoice (Due Date).
3.6    If you do not make payment by the Due Date, you are in default and must pay default interest at the rate of 1.5% per month, which shall accrue on a daily basis from the Due Date to the date of payment in full.

4.    Cancellations and changes

4.1    Changes to any confirmed bookings are subject to our sole discretion and availability. Changes will be assessed reasonably and in good faith, and any associated costs will be communicated in advance.
4.2    If the tour cannot proceed due to poor weather conditions or safety concerns, you will be given the option of:
•    A refund, in the case that the booking is pre-paid (excluding the 5% deposit, which covers administrative costs & transaction fees), or
•    A transfer of your booking to another available date, subject to clause 5.1.
4.3    If you cancel your booking at least one week (7 days) before the date of your booking, you will receive a refund of the total booking price, less the 5% deposit referred to in clause 3.2.
4.4    If you cancel your booking within one week (7 days) but no later than 48 hours before the date of your booking, you will receive a refund of 50% of the total booking price. Non-prepaid bookings cancelled within this time frame will incur a cancellation fee of 50% of the quoted price.
4.5    Any cancellations made within 48 hours of your booking will not be accepted and will be non-refundable. Non-prepaid bookings cancelled within this time frame will incur a cancellation fee of 100% of the quoted price.
4.6    You acknowledge and agree that the cancellation fees stated in clauses 4.2, 4.3 & 4.5 fairly reflect the loss suffered by us and our ability to re-schedule work and re-allocate resources, depending upon the amount of notice given.
4.7    Once the experience has commenced, if the experience is shortened due to bad weather, unforeseen circumstances, or safety concerns, you will be entitled to a proportionate refund based on the portion of the experience that could not be delivered, less any reasonable costs incurred due to travel or resource preparation. Alternatively, at your discretion, you may opt for a credit toward a future booking of equivalent value.
4.7.1 If the experience is significantly altered and does not meet the agreed expectations, you will be entitled to a refund or remedy in accordance with the Consumer Guarantees Act 1993.
4.7.2 If unforeseen circumstances shorten the experience but the key components of the experience are delivered, we may, at our sole discretion, offer a goodwill discount or credit to reflect the inconvenience caused, factoring in any travel or preparation costs incurred by us.
4.8    If you fail to attend your booking without prior notification ("no show"), or if we are unable to contact you due to your failure (or the failure of an agent acting on your behalf) to provide accurate and up-to-date contact details or respond to our reasonable attempts to contact you prior to the tour time, the booking will be deemed forfeited, and no refund will be provided. However, if your failure to attend or respond was due to unforeseen or exceptional circumstances beyond your control, you may contact us to request a rescheduling or refund, which we will assess on a case-by-case basis. At our sole discretion, we may offer a booking transfer subject to availability and additional costs.
4.9    If we need to cancel a booking due to unforeseen circumstances, you will receive a full refund. 
4.10    Refunds will be processed within 7 business days and returned via the original payment method.

5.    Booking transfers

5.1    Booking transfers are subject to availability and will be made at our sole discretion.
5.2    Alternative or backup tour dates can be arranged but cannot be guaranteed.  Any alternative or backup dates selected at the time of booking will be kept available for other bookings.

6.    Combined tours

6.1    Tours that are held at lodge accommodation may occasionally combine separate guest parties into one tour group for efficiency.
6.2    If it is proposed that multiple tour groups be combined into one tour group, we will contact you to ensure that you are happy for the tour groups to be combined prior to the tour commencing. 
6.3    If a tour group is combined, a discount may be offered (such discount to be advised by us prior to the commencement of the tour).
6.4    If a tour group is combined, photos will continue to be supplied for the individual parties.
6.5    For special private events such as marriage proposals please ensure that you speak to us first to ensure exclusivity.

7.    Offsite tours

7.1    You may request to have your experience delivered at a remote location away from your accommodation. This must be discussed with us and approved in advance, either before booking or prior to the commencement of the experience. If suitable, we may suggest holding your experience on Department of Conservation (DoC) managed land, subject to DoC regulations and approvals.
7.2    If we determine that your site of accommodation is unsuitable for hosting the experience (e.g., due to accessibility, physical obstructions or light pollution), we may offer the opportunity to conduct the experience at a remote location on Department of Conservation (DoC) managed land. This will be discussed and agreed upon in advance, either prior to booking or before the commencement of the experience.
7.3    Offsite tours may incur additional costs to cover travel expenses and any Department of Conservation (DoC) activity fees incurred by us. These costs will be communicated to you in advance and agreed upon before finalizing your booking.
7.4    If your tour is held at a Department of Conservation (DoC) location, you will be required to drive your own vehicle in convoy with our guide to and from the site. A designated meeting point will be agreed upon before the commencement of the experience. Clear instructions for safe convoy driving will be provided to ensure compliance with health and safety requirements.
7.5    In accordance with clause 10.7, you are required to complete and submit a Risk Disclosure form as part of the booking process. This form ensures you understand and accept the inherent risks associated with offsite tours.
7.6    In accordance with clause 14, you accept responsibility for your actions while driving to and from the tour site. We will not be held liable for any injury, damage, loss, or infringement that occurs due to your own negligence or failure to follow safe driving practices.

8.    Weather

8.1    All tours are weather dependent. 
8.2    In the event of cloud cover, rain, ice, snow and strong wind, the booking will be cancelled and refunded as per clause 4 or rescheduled subject to availability.
8.3    A weather forecast will be given by the tour provider as close to the start time of your tour as possible. (Client contact details must be supplied for this purpose).
8.4    We have no control of the weather, so clear skies cannot be guaranteed.

9.    Dress Code

9.1    It is your responsibility to dress appropriately for the outdoors.
9.2    Warm clothing (including thermal base layers), winter jacket, full length trousers, warm hat, gloves, socks and sturdy enclosed shoes/boots are strongly recommended.
9.3    Refunds will not be given for participants who fail to attend or leave early due to discomfort caused by weather conditions.

10.    Safety

10.1    We will take all reasonably practicable steps to ensure the safety, comfort, and wellbeing of clients throughout the experience. Clients are also responsible for taking appropriate personal precautions to ensure their own safety and comfort.
10.2    While we take all necessary steps to provide a safe experience, we are not liable for any personal discomfort, illness, injury, or loss of property arising from factors outside our control. Clients must follow all safety instructions and guidelines provided by our staff.
10.3    If, in our reasonable opinion, a client is intoxicated, disruptive, or behaving in a manner that compromises safety or the enjoyment of others, they may be removed from the tour without refund.
10.4    Harassment, discrimination, or abuse of any kind toward staff or other clients will not be tolerated.  
10.5    Reckless or improper use of our equipment that results in damage may lead to the immediate termination of the experience. Clients may be charged for repair or replacement costs associated with any damage caused.
10.6    Refunds will not be provided if a tour is cancelled, shortened, or otherwise disrupted due to the inappropriate behaviour of any client.
10.7    To comply with our Health & Safety Management Plan, some tours (including off‑site or higher‑risk experiences) may require clients to complete a Risk Disclosure Form. This form will be provided at the time of booking and confirms that you understand and accept the inherent risks associated with our tours.
10.8    Our experience providers are trained in First Aid and will respond to injury or health‑related incidents during the tour. In an emergency, emergency services (111) will be contacted.                    
10.9    Children must be supervised at all times by a responsible adult. Our staff are not responsible for supervising children during the tour.
10.10    The use of drones, laser pointers, bright lights, or any equipment that may interfere with the experience or compromise safety is prohibited unless expressly permitted by staff.

11.    Media disclosure

11.1    During this tour we may offer for you to have a complementary photo taken, complimentary photos will be distributed via a public Flickr account.
11.2    You consent to us taking your photo and for us to use any photo as a marketing tool including publishing the photo on our website and social media platforms.
11.3    If you do not consent to us using your photo for marketing purposes you will need to advise us in writing prior to the tour commencing. 
11.4    For exclusive use of unbranded images, there may be an additional fee per image. Such fee will be advised prior to any charge being made.

12.    Gift Vouchers

12.1    A voucher is non-refundable and non-transferable for cash.
12.2    A voucher is valid for two years from the date of issue.
12.3    A voucher is valid for a single use only.
12.4    The value of a voucher can be supplemented in order to add more people to the booking or to upgrade the booking to a different experience.

13.    Disputes

13.1    Where practicable, the parties will meet together and in good faith to try to resolve any dispute.

14.    Limitation of Liability

14.1    Except to the extent that the law prevents us from excluding liability, we shall not be liable for any loss, damage or liability of any kind whatsoever whether suffered or incurred by you or another person. 
14.2    You shall indemnify us, our directors, employees and contractors against all claims and loss of any kind whatsoever. 
14.3    This clause shall continue in force notwithstanding the termination of these Terms.

15.    Miscellaneous

15.1    The rule of construction known as the contra proferentem rule does not apply to these Terms.
15.2    Each clause of these Terms is separately valid and binding.  If for any reason a party cannot rely on any term, all other terms will remain valid and binding.
15.3    If we fail to enforce any provision of these Terms it shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
15.4    Words importing the singular include the plural and vice versa.
15.5    Headings are for convenience only and do not form part of, or affect the interpretation of these Terms.
15.6    References to a party include that party’s successors, personal representatives, executors, administrators and permitted assigned.
15.7    These Terms are governed by and construed in accordance with the current laws of New Zealand.
15.8    These Terms may be subject to change without notice from time to time.