Terms and Conditions

1. Introduction and Acceptance

Welcome to Escapaide. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Escapaide Limited (NZBN 9429052240775), a company registered in New Zealand with its principal place of business in Christchurch, New Zealand ("Escapaide", "we", "us", or "our").

By accessing or using the Escapaide website, mobile application, or any related services (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

These Terms apply to all visitors, users, and others who access or use the Platform. We reserve the right to modify these Terms at any time in accordance with Section 17 of these Terms.

2. Definitions

In these Terms, unless the context otherwise requires:

3. Eligibility and User Accounts

3.1 Age Requirement

You must be at least 18 years of age to use the Platform and make Bookings. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts.

3.2 Consumer Use Only

The Platform is intended for personal, non-commercial use by individual consumers only. You may not use the Platform to make Bookings on behalf of a business entity or for commercial purposes without our prior written consent.

3.3 Account Registration

To access certain features of the Platform, you may be required to create a User Account. When creating an account, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; (d) accept responsibility for all activities that occur under your account; and (e) notify us immediately of any unauthorised use of your account.

3.4 Geographic Restrictions

The Platform is not available to residents of, or persons located in, the following jurisdictions: Cuba, Iran, North Korea, Syria, the Ukrainian territories of Crimea, Donetsk, Kherson, Zaporizhzhia, and Luhansk, Belarus, and Russia. By using the Platform, you represent and warrant that you are not located in, or a resident of, any of these jurisdictions.

4. Description of Services

4.1 Platform Services

Escapaide provides a technology platform that enables users to: (a) generate personalised travel itineraries using artificial intelligence based on user preferences and inputs; (b) view and compare Travel Services from various Third-Party Suppliers; (c) customise and modify generated itineraries; and (d) book Travel Services through a single, consolidated transaction.

4.2 Service Limitations

Travel Services available through the Platform are currently limited to destinations within New Zealand. We reserve the right to expand or modify the geographic scope of our services at any time.

5. Role of Escapaide

5.1 Booking Intermediary

5.2 Contractual Relationship

When you make a Booking through the Platform, you enter into a contract with Escapaide for the purchase of Travel Services. The actual delivery and performance of those Travel Services is the responsibility of the relevant Third-Party Supplier. While Escapaide is your contractual counterparty for payment purposes, we act as an intermediary facilitating access to services provided by third parties.

5.3 No Travel Agency Services

Escapaide is not a licensed travel agent. We do not provide travel advice, travel insurance, visa assistance, or other services typically provided by travel agencies. You are responsible for ensuring you have appropriate travel documentation, insurance, and meet any entry requirements for your chosen destinations.

6. Third-Party Suppliers

6.1 Supplier Responsibility

Third-Party Suppliers are solely responsible for: (a) the accuracy of all information they provide about their Travel Services, including descriptions, photographs, pricing, availability, and amenities; (b) the quality, safety, and lawful delivery of their Travel Services; (c) compliance with all applicable laws, regulations, and industry standards; and (d) any claims, losses, or damages arising from their services.

6.2 Supplier Terms

Your use of Travel Services is subject to the terms and conditions of the relevant Third-Party Supplier, including their cancellation policies, rules of conduct, liability limitations, and other requirements. These supplier terms will be made available to you during the booking process. By completing a Booking, you agree to comply with all applicable supplier terms.

6.3 Information Accuracy

While we endeavour to ensure information displayed on the Platform is accurate and up-to-date, we rely on Third-Party Suppliers to provide this information. We do not independently verify supplier information and cannot guarantee its accuracy, completeness, or reliability. Photographs and descriptions are provided for illustrative purposes and actual services may vary.

7. AI-Generated Content and Recommendations

7.1 Nature of AI Suggestions

7.2 User Responsibility

You acknowledge and agree that: (a) AI-generated itineraries are suggestions only and should not be relied upon without independent verification; (b) you are solely responsible for reviewing, evaluating, and deciding whether to book any suggested Travel Services; (c) AI recommendations do not constitute professional travel advice; (d) the suitability of suggested activities may depend on factors including your health, fitness level, experience, and personal circumstances; and (e) you should conduct your own research and due diligence before making any Booking.

7.3 No Guarantee

We do not guarantee that AI-generated recommendations will meet your expectations, be error-free, or be appropriate for your specific situation. Escapaide expressly disclaims any liability for decisions made based on AI-generated content.

8. Booking Process

8.1 Making a Booking

To make a Booking, you must: (a) select your desired Travel Services and dates; (b) provide accurate traveller information for all persons included in the Booking; (c) review and accept these Terms and any applicable supplier terms; (d) provide valid payment information; and (e) receive a Booking Confirmation from us.

8.2 Booking Confirmation

A Booking is not confirmed until you receive a Booking Confirmation from us. The Booking Confirmation will include details of the Travel Services booked, pricing, and relevant supplier information. Please review your Booking Confirmation carefully and notify us immediately of any errors or discrepancies.

8.3 Traveller Information

You are responsible for ensuring all traveller information provided is accurate and matches official identification documents. Incorrect information may result in denied services, and we accept no liability for issues arising from inaccurate traveller information provided by you.

8.4 Booking on Behalf of Others

If you make a Booking on behalf of other travellers, you represent and warrant that: (a) you have the authority to make the Booking and accept these Terms on their behalf; (b) all other travellers are aware of and agree to these Terms; and (c) you will ensure all other travellers comply with these Terms and any applicable supplier terms.

9. Pricing and Payment

9.1 Pricing

All prices displayed on the Platform are in New Zealand Dollars (NZD) unless otherwise stated. Prices include applicable taxes unless otherwise indicated. Prices are subject to change without notice until a Booking is confirmed. The final price payable will be displayed before you complete your Booking.

9.2 Payment Processing

Payment is processed securely through our payment provider, Stripe. By providing payment information, you: (a) represent that you are authorised to use the payment method; (b) authorise us to charge the full amount of your Booking to the provided payment method; and (c) agree to the terms and conditions of our payment provider.

9.3 Currency

Payments are currently accepted in New Zealand Dollars (NZD) only. If your payment method is denominated in a different currency, your financial institution may apply currency conversion fees. We are not responsible for any additional fees charged by your financial institution.

9.4 Payment Timing

Full payment is required at the time of Booking. Your payment will be held by Escapaide and remitted to the relevant Third-Party Suppliers in accordance with our agreements with them.

10. Cancellations and Refunds

10.1 Cancellation by You

If you wish to cancel a Booking, you must notify us through the Platform or by contacting us directly. Cancellations are subject to the cancellation policies of the relevant Third-Party Suppliers, which will be displayed during the booking process. Different Travel Services within a single Booking may have different cancellation policies.

10.2 Escapaide Cancellation Fee

In addition to any supplier cancellation fees, Escapaide retains a cancellation administration fee as follows: (a) for Bookings with a total value exceeding NZD $100, a fee of NZD $10; and (b) for Bookings with a total value of NZD $100 or less, a fee of NZD $5. This fee is non-refundable and covers our administrative costs in processing the cancellation.

10.3 Supplier Cancellation Policies

Each Third-Party Supplier sets their own cancellation policy. These policies may include non-refundable rates, tiered cancellation fees based on notice period, or full refundability. The applicable cancellation policy for each Travel Service will be clearly displayed before you complete your Booking. You are responsible for understanding and accepting these policies.

10.4 Cancellation by Supplier

If a Third-Party Supplier cancels a Travel Service (including due to force majeure, weather, or other circumstances), we will notify you as soon as practicable and provide a full refund for the affected Travel Service. We are not liable for any consequential losses, additional expenses, or alternative arrangements resulting from supplier cancellations.

10.5 Refund Processing

Approved refunds will be processed to the original payment method within 10 business days. The actual time for the refund to appear in your account depends on your financial institution and may take additional time.

10.6 No-Shows

Failure to arrive for a booked Travel Service without prior cancellation (a "no-show") typically results in forfeiture of the full amount paid for that service. No refunds are provided for no-shows unless the relevant supplier policy provides otherwise.

11. User Obligations and Prohibited Conduct

11.1 Lawful Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must comply with all applicable laws, regulations, and third-party rights when using the Platform.

11.2 Prohibited Conduct

You agree not to: (a) use the Platform for any fraudulent, deceptive, or unlawful purpose; (b) make speculative, false, or fraudulent Bookings; (c) use another person's identity or payment information without authorisation; (d) interfere with or disrupt the Platform or servers connected to the Platform; (e) attempt to gain unauthorised access to any part of the Platform; (f) use automated systems, bots, or scripts to access the Platform without our express written permission; (g) copy, reproduce, or resell any part of the Platform; (h) violate any applicable laws or regulations; or (i) assist or encourage any third party to do any of the foregoing.

11.3 Accurate Information

You agree to provide accurate, current, and complete information when using the Platform and making Bookings. You must not provide false or misleading information.

12. Intellectual Property

12.1 Ownership

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, logos, design, selection, and arrangement) are owned by Escapaide, its licensors, or other providers and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property laws.

12.2 Limited Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal, non-commercial use. This licence does not include the right to: (a) modify or copy Platform materials; (b) use Platform materials for commercial purposes; (c) attempt to reverse engineer any software contained on the Platform; (d) remove any copyright or proprietary notations; or (e) transfer the materials to another person.

12.3 Trademarks

"Escapaide" and all related names, logos, product and service names, designs, and slogans are trademarks of Escapaide or its affiliates. You may not use such marks without our prior written permission.

13. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our collection and use of your information as described in the Privacy Policy.

To facilitate Bookings, we may share your personal information with Third-Party Suppliers. These suppliers are required to use your information only for the purpose of providing the Travel Services you have booked.

14. Limitation of Liability

14.1 Consumer Guarantees Act 1993

Where the Consumer Guarantees Act 1993 applies to the services we provide, nothing in these Terms excludes, restricts, or modifies any rights or remedies you have under that Act.

14.2 Third-Party Services

To the maximum extent permitted by law, Escapaide is not liable for: (a) the acts, errors, omissions, representations, warranties, negligence, or breaches of any Third-Party Supplier; (b) any personal injury, death, property damage, or other damage or expense resulting from Travel Services provided by Third-Party Suppliers; (c) any deficiencies in Travel Services provided by Third-Party Suppliers; or (d) any loss or damage arising from circumstances beyond our reasonable control, including without limitation force majeure events, natural disasters, pandemics, war, terrorism, civil unrest, or government actions.

14.3 Platform Services

To the maximum extent permitted by law, Escapaide's total liability for any claims arising out of or relating to these Terms or your use of the Platform shall not exceed the total fees paid by you to Escapaide in the twelve (12) months preceding the claim.

14.4 Exclusion of Consequential Losses

To the maximum extent permitted by law, Escapaide shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.

14.5 AI-Generated Content

You acknowledge that AI-generated itineraries and recommendations may contain errors. Escapaide expressly disclaims any liability for losses, damages, or expenses arising from reliance on AI-generated content, including recommendations that are inaccurate, unsuitable, or inappropriate for your circumstances.

14.6 No Warranty

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, except where prohibited by law. We do not warrant that the Platform will be uninterrupted, secure, or error-free.

15. Indemnification

You agree to indemnify, defend, and hold harmless Escapaide and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any applicable laws or regulations; (d) your negligence or wilful misconduct; (e) any inaccurate or misleading information you provide; or (f) any dispute between you and a Third-Party Supplier.

16. Dispute Resolution

16.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

16.2 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us and attempt to resolve the dispute informally. Most concerns can be quickly resolved through our customer support channels.

16.3 Jurisdiction

Subject to any rights you may have under the Consumer Guarantees Act 1993, you agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of New Zealand, and you consent to the personal jurisdiction of such courts.

16.4 Supplier Disputes

Disputes regarding the quality, delivery, or other aspects of Travel Services should first be raised directly with the relevant Third-Party Supplier. We may, at our discretion, assist in facilitating communication between you and the supplier, but we are not obligated to resolve supplier disputes.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.

For existing Bookings, the Terms in effect at the time of Booking will continue to apply to that Booking.

18. Termination

18.1 Termination by You

You may terminate your User Account at any time by contacting us. Termination does not affect any Bookings already made or any rights or obligations that have accrued prior to termination.

18.2 Termination by Us

We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform will cease immediately.

18.3 Survival

The following sections shall survive termination: Section 12 (Intellectual Property), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Dispute Resolution), and Section 19 (General Provisions).

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable supplier terms, constitute the entire agreement between you and Escapaide regarding the use of the Platform and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

19.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

19.5 Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

19.6 Notices

All notices to you will be provided via email to the address associated with your User Account or through the Platform. You may provide notices to us using the contact information in Section 20.

20. Contact Information

If you have any questions about these Terms, please contact us at: