Terms & Conditions

Introduction

These Terms & Conditions (“Terms”) govern every booking made with Waiheke Freedom Tours Limited (“we”, “us”, “our”, “WFT”), whether made through our website, our online booking platform (Fareharbour), by phone, email, or through a third-party agent such as Viator or TripAdvisor.


By making a booking with us, you (“you”, “guest”, “customer”) agree to be bound by these Terms, alongside our Privacy Policy and our Health & Safety Policy. If you’re booking on behalf of a group, you confirm you have the authority to accept these Terms for everyone in that group, and that you’ll pass on the relevant details (including our cancellation policy and health and safety guidelines) to them.


We’ve written these Terms in plain language, because we’d rather you actually read them than skim past a wall of legalese. Nothing here overrides your rights under New Zealand consumer law — see “Assumption of Risk & Limitation of Liability” below.

Who We Are

Waiheke Freedom Tours Limited is a New Zealand Limited Company (NZBN 9429050581061, Company Number 8375198), operating private, guided vehicle tours on Waiheke Island under Transport Service Licence 0328995 (Small Passenger Service Licence), issued by Waka Kotahi NZ Transport Agency.


We hold Statutory Liability, General/Public Liability, and Commercial Vehicle insurance, and our vehicle carries a current Certificate of Fitness (CoF) for passenger service use. Full detail on our licensing, insurance, and safety standards is in our Health & Safety Policy.



Our registered contact details are:

  • Email: info@waihekefreedomtours.co.nz
  • Phone: +64 21 840 296
  • Website: www.waihekefreedomtours.co.nz


Bookings, Pricing & Payment

Making a booking. Bookings are confirmed once full payment is received through our online booking platform (Fareharbour), by card, Apple Pay, Google Pay, or bank transfer. All prices are shown in New Zealand Dollars (NZD) and include GST. Online booking fees are refundable in line with our cancellation policy below; card processing fees are not, as these are charged to us by our payment provider the moment your card is charged and can’t be recovered.


What’s included. The tour price covers your private guide and vehicle for the duration booked, and complimentary spring water, natural sunscreen, and spare towels. It does not include ferry fares, lunch, wine or spirit tastings (unless purchasing as an add-on extra at time of booking), or other optional activity and entrance fees — these are paid directly to the relevant venue or operator on the day, unless agreed with us in advance.


Group size. Our vehicle seats a maximum of four guests. Children under 12 travel free but still count toward this four-person maximum — so a booking of two adults and two children is a full vehicle. If a child needs a car seat or booster seat, we can arrange hire through our local partner, Gear Grab, for a small pass-on fee added at the time of booking.


Accuracy of your details. Please make sure the names, contact details, and any special requirements you give us at booking are accurate and current — we rely on them to plan your tour and to reach you if plans change.

Cancellations, Changes & Refunds

We understand that plans can change, and we’re here to help if you need to cancel or reschedule your tour. We’ll do our best to rebook everything for you, subject to availability.


If a straight cancellation is what you need, our fee scale is:


  • More than 10 days before your tour: a full refund*.
  • 7–10 days before your tour: a 25% cancellation fee applies, plus any booking fees and charges.
  • 4–6 days before your tour: a 50% cancellation fee applies, plus any booking fees and charges.
  • 72 hours or less before your tour, or a no-show: 100% of the tour price is charged. At our discretion, we may offer a discounted rate on a future tour.


*Card processing fees (currently 2.4% + $0.30 per transaction) are non-refundable in every case, as they’re charged to us by our payment provider and can’t be recovered. Where a refund is due under this policy, it’s calculated on the tour price after that processing fee.


A 10% admin fee may apply to cancellations made more than 48 hours after booking. We appreciate your understanding of this policy, which allows us to cover the resources allocated to your booking.


Exceptional circumstances. We know that sometimes things happen that are genuinely outside your control — illness, a family emergency, a missed flight. If that’s the case, just get in touch and we’re happy to discuss a refund specific to your situation; we’d rather look after our guests than apply this policy rigidly. Because of this, we recommend all guests take out their own travel insurance, which typically covers cancellation costs for extenuating circumstances outside of anyone’s control (see also “A note for international guests on ACC” below).


Booked through Viator, GetYourGuide, Airbnb, or another marketplace? That platform’s own booking and cancellation terms apply to your booking instead of the fee scale above — please refer to the confirmation they sent you, or contact them directly to cancel or change your booking.


Changes, not cancellations. If you need to change your date, group size, or pickup details rather than cancel outright, contact us as early as you can — we’ll do our best to accommodate it at no charge, subject to availability.

Weather & Itinerary Changes

Our tours are not weather-dependent — they go ahead rain or shine, and we carry umbrellas. Your guide may adjust the route, stops, or timing in response to weather, road conditions, or other safety concerns; guest safety always comes before sticking to a planned itinerary. Where possible, we’ll let you know of any changes in advance, and we’ll always aim to deliver an equally enjoyable day.


The one exception is the ferry itself. In the rare event that the passenger ferry service between Auckland and Waiheke is cancelled due to extreme weather and you’re not already staying on the island, we’ll refund your booking in full, less any card processing fees.



We also make reasonable efforts to secure any lunch or activity reservations you’d like as part of your day. Occasionally a specific venue may not have availability — this doesn’t constitute grounds for cancelling or discounting your tour, and we’ll always suggest a great alternative.


Health, Safety & Guest Conduct

Full detail on our vehicle, driver standards, and safety procedures is in our Health & Safety Policy. The key things we ask of guests:


  • Seatbelts must be worn by every guest, in every seat, for the entire tour, as required by New Zealand law.
  • Alcohol and tastings. Tastings are a highlight of many tours, and it’s not illegal for passengers to have an open container in a private vehicle in New Zealand — but as a matter of our own policy, we ask guests not to be visibly intoxicated or to behave in a way that endangers themselves, other guests, or the driver. This is separate from our driver’s own zero-tolerance policy on alcohol and drugs, which is a strict legal requirement for anyone holding a Passenger (P) endorsement.
  • Conduct. Our driver may end a tour early, without a refund, if a guest’s behaviour compromises the safety or enjoyment of the group.
  • Medical conditions, mobility & allergies. Please tell us at the time of booking about anything that might affect your tour, so we can plan appropriately. Our vehicle is not wheelchair accessible; contact us before booking to discuss your specific needs so we can advise honestly on whether we can meet them.
  • Following instructions. Guests are responsible for following the driver’s safety instructions at all times, including during stops, walks, and at wineries or other venues.
  • Damage & excessive cleaning. You’re responsible for any damage you cause to the vehicle beyond normal wear and tear, and for the reasonable cost of professional cleaning if a guest is unwell or spills something that needs more than a quick wipe-down.


Assumption of Risk & Limitation of Liability

Nothing in this section limits any guarantee you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986/2013 — we don’t try to contract out of your rights as a consumer, and we’ll always provide our services with reasonable skill and care.


With that said, travel by road, and activities like walking on uneven ground, beaches, or vineyard paths, carry some inherent risk that no amount of care can remove entirely. By booking a tour, you acknowledge that:



  • Roads and conditions on Waiheke Island can be narrow, winding, or affected by weather, and that walking terrain at some of our stops is uneven or unpaved.
  • We are not liable for injury, loss, or damage arising from risks inherent to travel and outdoor activity, except where that injury, loss, or damage is caused by our negligence or breach of these Terms.
  • We are not liable for the acts, omissions, cancellations, or quality of service of independent third parties — wineries, restaurants, ferry operators, and similar — as set out in “Third-Party Services” below.


A note for international guests on ACC. New Zealand’s Accident Compensation Corporation (ACC) scheme covers visitors as well as residents for personal injury by accident — but in exchange, it removes the right to sue for personal injury compensation in most cases, even where someone else was at fault. ACC does not cover illness, trip disruption, or the cost of returning home, so we strongly recommend all guests, especially those visiting from overseas, take out their own travel insurance before their trip.


We carry Statutory Liability, General/Public Liability, and Commercial Vehicle insurance as set out in our Health & Safety Policy, and nothing in these Terms is intended to exclude any liability that cannot lawfully be excluded, including obligations under the Health and Safety at Work Act 2015.


Third-Party Services

Part of what makes a tour with us special is the network of independent local operators we work with and recommend — wineries, distilleries, restaurants, ferry and water taxi operators, and activity providers. These are all separate, independently owned and operated businesses.


When we make a reservation, recommendation, or booking on your behalf with one of these providers, we’re acting as a convenience to you, not as their agent. Their own terms, conditions, and cancellation policies apply to that part of your day, and we’re not liable for their acts, omissions, quality of service, pricing, or availability — including if a venue is fully booked, changes its hours, or closes unexpectedly.


Getting to and from Waiheke Island (by Fullers360, Island Direct, Sealink, or another ferry, water taxi, or air operator) is your own responsibility and is not included in your tour price unless we’ve specifically agreed otherwise. We’re happy to help you plan this and will always do our best to meet you at your chosen terminal, wharf, or landing pad.


Photos, Images & Marketing Consent

We love sharing the day out with our guests, and if you choose to have a photo album taken or provided as part of your tour, you agree that we may select images from it to use in our own marketing — for example on our website, social media, or in promotional material — without any fee owing to you.


We’ll never use an image in a way that’s misleading or that identifies you personally by name without asking first, and we won’t provide your photos to any third party for their own marketing use. If you’d rather your images weren’t used this way, just let your guide know on the day or email us at info@waihekefreedomtours.co.nz — we’re always happy to leave specific photos, or your whole album, out of anything we publish.


This consent is separate from, and doesn’t affect, our handling of your personal information generally, which is covered in our Privacy Policy.


Intellectual Property

The content on our website, Fareharbour listing, and our listings on third-party platforms such as Viator, GetYourGuide, and Airbnb Experiences — including text, photos, our logo, and the Waiheke Freedom Tours name — is owned by us or licensed to us, and is protected by New Zealand copyright and trade mark law. You’re welcome to share links to our pages, but please don’t copy, republish, or use our content, photos, or branding for your own commercial purposes without asking us first.


Privacy

We collect and use your personal information as set out in our Privacy Policy, which explains what we collect, why, who we share it with (including Fareharbour, Stripe, and Duda), and your rights under the Privacy Act 2020. By booking with us, you agree to that Privacy Policy as well as these Terms.


Complaints & Dispute Resolution

If something about your tour didn’t meet expectations, please tell us — ideally on the day, so we have the best chance to put it right, or by emailing info@waihekefreedomtours.co.nz afterwards. Most issues are best sorted out directly and quickly, and we’d always rather hear from you than not.


If we can’t resolve a complaint between us, you can raise a claim with the Disputes Tribunal of New Zealand for claims up to $30,000, or contact the Commerce Commission if you believe we’ve breached the Fair Trading Act. Nothing in these Terms limits your right to do either.


Force Majeure & Events Outside Our Control

Occasionally something happens that’s genuinely outside anyone’s control — a natural disaster, a public health order, a government travel restriction, industrial action affecting the ferry network, or similar. If an event like this means we can’t run your tour, we’ll work with you in good faith to rebook for another date, or, where rebooking isn’t practical, offer a credit or refund. We won’t charge a cancellation fee in these circumstances.

Changes to These Terms

We may update these Terms from time to time — for example if our services, pricing, or legal obligations change. The Terms that apply to your booking are the ones published on this page at the time you book; if we update them afterwards, it won’t affect a booking you’ve already confirmed. We’ll update the “last modified” date whenever we make a change.

Governing Law

These Terms are governed by the laws of New Zealand, and any dispute not resolved under “Complaints & Dispute Resolution” above is subject to the exclusive jurisdiction of the New Zealand courts. If any part of these Terms is found to be invalid or unenforceable, the rest will continue to apply.

Contact Us

Questions about these Terms, a booking, or anything else? We’re happy to help.


Waiheke Freedom Tours Limited Email: info@waihekefreedomtours.co.nz Phone: +64 21 840 296 Website: www.waihekefreedomtours.co.nz