By booking any activity (such as kayaking, mountain biking, or walking, be that guided or unguided) with Marlborough Tour Company Ltd (trading as Wilderness Guides), you acknowledge and accept the inherent risks and hazards of undertaking these outdoor adventure activities.
Medical & Travel Insurance
We recommend all guests, both international and domestic, have full comprehensive travel insurance and full comprehensive medical insurance while travelling within New Zealand and planning to partake in any activities.
The New Zealand Accident Compensation Corporation (ACC) "provides no-fault personal injury cover" to all New Zealand residents and visitors [not including illnesses or medical conditions].
However, insurance is still recommended to cover additional costs associated with an event such as accommodation, non-emergency transport, or further travel disruptions.
Key Aspects of ACC Coverage
What is Covered: Physical injuries (sprains, fractures, wounds, burns, dental injuries), maternal birth injuries, and work-related injuries.
What is Not Covered: Illnesses, diseases, aging-related conditions, or emotional stress, unless linked to a covered injury.
International guests in New Zealand are fully liable for the cost of emergency medical transport to a hospital to receive treatment for a medical condition or illness (e.g. cardiac event, stroke, or respiratory issues), unless visiting from a country with reciprocal health care (please note, ambulance travel including air ambulance is not covered for Australian Citizens).
Risks
Risks in undertaking these activities include, but are not limited to, personal injury or sickness due to exertion (heat exhaustion, dehydration, muscle strains or blisters), personal injury caused by the external environment and weather (hypothermia, sunburn, falling objects, tripping over tree roots or loose material underfoot), the natural hazards present within New Zealand (earthquakes, tsunami, fires, landslides, or volcanic activity), or vehicle accident on way to the activity.
Any activities in proximity to the water include additional risks including but not limited to drowning, repetitive strain injuries from kayaking long distances, accelerated sunburn and dehydration, injuries from collisions with other vessels and the environment, or being struck by other vessels or wildlife, hypothermia, property damage or loss through impact, water immersion, and saltwater exposure.
The use of mountain bikes may come with an increased risk at all times and may result in an increase to the potential consequences of these risks.
By booking any activities you acknowledge and accept that these risks could result in your injury (mental or physical) or even death.
The staff and management of Wilderness Guides take all practicable steps to identify and minimize potential dangers. However, you must follow our instructions (and use the safety equipment provided) at all times.
Adults accompanying any person under the age of 18 must ensure that the underage person always follows our instructions.
By booking any activity (such as kayaking, mountain biking, or walking, be that guided or unguided), even if a guide is provided as part of your activity, final responsibility for your own wellbeing falls to you, and you release and indemnify Marlborough Tour Company Ltd (trading as Wilderness Guides) and our staff against any liability we incur to anyone else, resulting from your failure to follow our instructions, or the failure of any person accompanying you under the age of 18 to follow our instructions, or the improper use of any and all equipment provided.
Please inform your guides about any medical conditions or other information we need to know to include you safely in this activity. For example, asthma, allergies, heart conditions, epilepsy or pregnancy. You are entitled to access any information we hold about you or to request its correction at any time.
We reserve the right to withdraw any person who in our opinion is likely to endanger themselves or others.
Additionally, we reserve the right to cancel, amend, or adapt any tour if we become concerned for any reason for your safety or that of any other person, or that your behaviour may impact the safe running of the trip for yourself and others. You are not entitled to receive any compensation in the event of this occurring.
Non-Emergency Removal from Track
Non-emergency removal from track may occur due to non-emergency illness, injury, ability, or other unforeseen circumstances. You are liable for all costs associated with your removal from track.
If you are unable to continue and there is no immediate road access, removal from activities including track packages requires a boat with potential costs greater than NZ$650.00 for a private boat at the guests expense.
Allergies and Dietary Requirements
We make every reasonable effort to accommodate dietary requirements and food allergies.
For lunches provided from our Wilderness Guides office all food items are prepared externally by professional kitchens or other product providers.
As a result, we cannot guarantee that any items will be completely free from allergens, and these are beyond our control.
For Queen Charlotte Track packages, the lodges along the way provide your lunches. While these kitchen's strive to accommodate dietary requirements and food allergies, they will handle common allergens, including but not limited to nuts, gluten, dairy, eggs, soy, sesame, and seafood and therefore also cannot guarantee that any meal will be completely free from allergens, and there is a risk of cross-contamination.
Guests with food allergies, intolerances, or specific dietary requirements must notify us in writing at the time of booking.
To the fullest extent permitted by New Zealand law, we accept no liability for any allergic reaction, illness, injury, or adverse effect resulting from the consumption of food or beverages provided, including as a result of cross-contamination or undeclared allergens.
Please read the following statements; by participating in the activity you are agreeing to the statements below:
1. I/We accept there are inherent risks and hazards associated with participating in the activity and I/we understand what these risks are (including serious harm and death) as laid out in the Risk Disclosure Agreement;
2. I/We confirm that I/we am/are physically and mentally fit to undertake this activity, and suffer from no critical medical conditions which may be aggravated by the activity;
3. I/We will notify and disclose any medical conditions or prior injuries that may affect my/our ability to engage in the chosen activity to Wilderness Guides staff prior to partaking in the activity;
4. I/We confirm that I/we will not be under the influence of intoxicating alcohol or drugs (be they legal or illegal) which may in any way impair my/our ability to undertake the activity;
5. I/We consent to receive any medical treatment that may be deemed necessary in the case of injury, or illness during the activity and to indemnify the Wilderness Guides and all other staff against any claims in respect of that treatment;
6. I/We agree not to commence any litigation or proceedings in any country in relation to the risks and perils I/we put myself/ourselves at and to indemnify Marlborough Tour Company Ltd (trading as Wilderness Guides) and their staff against any such claim;
7. I/We agree that my/our successors, executors, administrators, and next-of-kin are bound by the Terms and Conditions and Risk Disclosure Agreement;
8. I/We understand and am/are responsible for the correct and safe use of the equipment always provided as part of my booking (such as kayaks or bikes) and any other additional equipment as per instruction provided by Wilderness Guides Limited;
9. I/We understand and am/are responsible for the correct use of all safety equipment (possibly including but not limited to buoyancy aids/spraydecks/helmets etc.) as instructed by Wilderness Guides staff, and ensure that these are correctly used for the duration of our activity;
10. I/We am/are responsible for all equipment provided to me as part of my booking and these items were received in good working order and will be returned as such.
11. I/We understand and allow for my/our credit card details to be held by a secure 3rd party payment system as a bond, and give Wilderness Guides the right to charge back to this card the reasonable cost of repair or replacement for any damages incurred during my/our activity.
12. I/We am/are aware of the Environmental Care Code: “Protect Plants & Animals, Remove Rubbish, Bury Toilet Waste, Keep Streams & Lakes Clean, Take Care with Fires, Camp Carefully, Keep to the Track, Consider Others, Respect Our Cultural Heritage, Enjoy Your Visit!”;
13. I/We am/are aware of the Mountain bike code: “Ring your bell or give a yell, Always give ways to others, Control your speed and braking, Pass with care, Give animals’ space, Take only photographs, Leave only tyre prints, Look after yourself!”;
14. I/We understand this agreement and the inherent risks of these activities and wish to proceed with the activity at my/our own risk.
WARNING: Under New Zealand law, it is extremely unlikely that you will be able to sue anyone if you are injured. In addition, New Zealand’s accident compensation scheme provides only limited assistance to visitors to New Zealand who are injured.
EXCLUSIONS: To the extent permitted by law, all our liability for damage to your property, disruption to travel plans, or mental injury is excluded. This exclusion is subject to any rights or remedies you may have under the Consumer Guarantees Act 1993.