Terms & Conditions

1. Definitions and Interpretation

1.1 Definitions

In these Terms the following words have the following meanings:

Accompanied Items means all property a Passenger takes on a DRL Service or into a Controlled Area.

Controlled Area means an area designated by DRL as an area where access is restricted to Passengers and DRL.

DRL means Dunedin Railways Limited, its successors and assignees, officers, employees, contractors, agents or other representatives.

DRL Service means a train service (including chartered or special vehicles) conducted by DRL and includes a service normally provided by a train that is provided on an alternative mode of transport.

Passenger means any person on a DRL Service or within any Controlled Area who holds, or is required to hold, a Ticket.

Permit to Travel means a permit issued by a DRL employee to a Passenger who has provided evidence satisfactory to that employee that a Passenger has not been able to purchase a Ticket.

Terms means these terms and conditions (as amended by DRL in its sole discretion from time to time).

Ticket means either:

(a) a ticket purchased from DRL or its agent in electronic or hardcopy form; or

(b) a complimentary ticket or pass (issued by DRL).

1.2 Interpretation

In these Terms, unless the context otherwise requires:

(a) headings are for convenience only and do not affect the interpretation of these Terms;

(b) words importing the singular include the plural and vice versa;

(c) an expression importing a natural person includes any company, partnership, trust, joint venture, association, corporation or other body corporate and any governmental agency; and

(d) the term includes or including (or any similar expression) is deemed to be followed by the words "without limitation".

2. Application of Terms

2.1 These terms apply to all Passengers.

3. Ticket Conditions

3.1 Entry to the DRL Service and Controlled Areas is only permitted by charter or with a Ticket.

3.2 A Passenger who is not a member of a charter must hold a Ticket issued in accordance with these Terms.

3.3 Tickets are not transferable.

3.4 A Passenger must retain his or her Ticket at all times while on board a DRL Service or in a Controlled Area. DRL may carry out full Ticket checks on board any DRL Service or within any Controlled Area. A Passenger must, if required by DRL, show their Ticket for travel.

3.5 If a Ticket is presented by someone other than the person entitled to it, DRL is not liable to the person entitled to it if DRL provides carriage to the person presenting the Ticket.

3.6 Tickets are subject to a booking fee charged by DRL's ticket agent.

3.7 All transactions are completed in New Zealand dollars.

4. Cancellation, Refund and Exchange Policy

4.1 Unless expressly stated otherwise in these Terms, no refunds or exchanges will be issued on any Ticket. For the avoidance of doubt, this applies to any force majeure event.

Cancellation and changes

4.2 DRL may vary or cancel wholly or in part the scheduled services shown in the DRL timetable and may vary the location at which a DRL Service will pick up and set down Passengers as it considers appropriate, acting reasonably. DRL will use reasonable endeavours to notify Ticket holders of any relevant cancellation or variation.

4.3 Tickets may be subject to reasonable alterations by DRL. DRL will use reasonable endeavours to notify Ticket holders of any alterations.

4.4 Ticket holders are not entitled to any allowance or compensation due to any change in the time or location of a DRL Service.

4.5 Ticket holders will receive a full refund of the Ticket price (excluding any booking and other fees) [AL1] if DRL cancels the scheduled service for their Ticket.

Refunds and exchanges

4.6 Charters, special interest trips and one-off services, are non-refundable and no exchanges are permitted for any reason.

4.7 No refunds or compensation will be given in the event of a breakdown or delay after boarding a DRL Service.

4.8 If DRL, in its reasonable discretion, allows Ticket refunds or exchanges for any DRL Service (as stated on the Ticket or otherwise notified by DRL), they are available if requested within the following timeframes, subject to clause 4.9:

1. If at least 30 days before relevant DRL Service: Refund or exchange available.

2. If less than 30 days but at least 48 hours before relevant DRL service: No refunds. Exchange available.

3. If less than 48 hours before relevant DRL service: No refunds or exchanges.

Unless otherwise agreed by DRL at its discretion, an exchange is for a replacement Ticket on a new Service or date.

Please refer to our Websites FAQ’s page for information on how to request a refund or exchange.

4.9 Any Ticket Refunds or Exchanges requested by a Ticket holder may be subject to a reasonable fee for processing and administration of the refund and/or exchange, as notified by DRL.

4.10 If DRL refunds or exchanges a Ticket DRL is discharged from any further liability to the Ticket holder in relation to the refunded or exchanged Ticket.

5. Liability

5.1 DRL will carry out the DRL Service with reasonable care and skill.

5.2 Passengers travel at their own risk and (to the extent permitted by law) DRL is not responsible for:

(a) any loss, damage, cost, expense or injury suffered by a Passenger or loss or damage to a Passenger's property;

(b) any consequences arising from any variation or delay in the time of arrival or departure from any station or stop of any vehicle;

(c) any loss or damage as a result of a cancellation of the arrival or departure from any station or stop of any vehicle;

(d) 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 any other person.

5.3 If there is contributory negligence on the part of a Passenger, DRL’s liability is subject to the law relating to contributory negligence.

5.4 DRL excludes all warranties or conditions, express or implied, including but not limited to any implied warranties or conditions of fitness for a particular purpose, to the extent permitted by law.

6. Accompanied Items and Lost Property

6.1 Accompanied Items must be attended by Passengers at all times. Unattended property may be a security risk and may be removed by DRL without notice.

6.2 The following apply to Accompanied Items:

(a) All Accompanied Items are carried under the conditions set out in section 268 of the Contracts and Commercial Law Act.

(b) Large items, such as bicycles may only be carried subject to Passenger load and at the discretion of DRL. Large items must not block exit ways, including doorways and passages.

(d) No pets or other animals (other than guide dogs) may be carried on DRL Services.

(e) Passengers may take hand luggage and small Accompanied Items on DRL Services without charge (determined by DRL in its sole discretion).

(f) Any Accompanied Item which is offensive, or which may in the opinion of DRL cause danger, discomfort or inconvenience to other Passengers is not permitted.

(g) Passengers agree not to bring on to any DRL Service, any item that is, or may cause, a hazard, including any item that is hot, contains petrol or diesel fuel, is leaking any fluid, or includes damaged batteries.

Lost property:

6.3 DRL is not responsible for any lost property. To inquire about lost property please contact us at [email protected]

7. Privacy

Personal Information:

7.1 DRL collects personal information from Passengers for the purpose of providing the DRL Service and directly related purposes.

7.2 When a Passenger provides DRL with personal information, DRL is obliged to comply with the provisions of the Privacy Act 2020. DRL will collect, hold, use and disclose that information in accordance with the principles set out in that Act. This means DRL will:

(a) use personal information only for the purpose DRL collects it for;

(b) retain that information only for so long as necessary to fulfil the purpose for which it was collected; and

(c) disclose or release it to a third party only where we are required to or we are permitted by law to do so, if you have authorised the release or disclosure, or where it is the purpose (or a directly related purpose) for which the information was collected.

7.3 Passengers have the right to ask for a copy of any personal information DRL holds about them, and to ask for it to be corrected if they think it is wrong.

8. Passenger Information

Arrival:

8.1 All passengers must arrive at DRL’s check in office at least 30 minutes before the timetabled time for departure of the DRL Service.

8.2 Departure of the DRL Service will not be delayed because of the late arrival of Passengers.

8.3 DRL does not guarantee the time of arrival or departure of any DRL Service.

Designated Areas:

8.4 Passengers may ride only in areas of the DRL Service designated by DRL.

8.5 Passengers must not sit or stand in aisles or gangways, or block entry doors or emergency exits.

8.6 DRL does not guarantee the availability of any seat or any specific area within a carriage to any Passenger. DRL does not guarantee the carriages available on any DRL Service.

8.7 Passengers agree to follow all of DRL's reasonable directions in relation to the DRL Service. All Passengers agree to indemnify DRL against any loss, damage or claim arising from a Passenger not following such directions.

Children:

8.8 Children under the age of 14 must be supervised by an accompanying adult at all times

Smoking:

8.9 All smoking, including vaping/e-cigarettes, is prohibited on the DRL Service and Controlled Area. Prohibited Items:

8.10 Items that are prohibited from DRL Services and the Controlled Area (unless purchased on a DRL Service) include:

(a) Alcohol;

(b) Hot food;

(d) Chilly bins;

(e) Illicit drugs;

(f) Musical instruments;

(g) Recording devices for commercial purposes;

(h) Animals (guide dogs are permitted);

(i) Flares, fireworks, laser pointers, smoke bombs;

(j) Compressed gas containers and aerosols;

(k) Knives or other dangerous weapons;

(l) Skateboards, roller blades, scooters or bicycles;

(m) Chairs, stools or furniture of any kind;

(n) Signs or banners that are obscene, offensive or abusive;

(o) Flag poles of more than one metre in length;

(p) Any item that may compromise or otherwise interfere with the enjoyment, comfort or safety of any person or security on the DRL Service; and (q) Any other item that DRL determines may cause injury or public nuisance or inconvenience to any other person.

Passenger Conduct:

8.11 Passengers must:

(a) always be in possession of their Ticket;

(b) comply with all applicable laws;

(d) act in a safe and responsible manner;

(e) follow all signs and obey all notices;

(f) not smoke in a DRL Service or Controlled Area;

(g) not consume alcohol on a DRL Service or in a Controlled unless it was purchase on a DRL Service;

(h) not interfere with or use emergency equipment or emergency exits (except in an emergency);

(i) not be violent or otherwise disruptive towards other passengers;

(j) not be unreasonably noisy;

(k) not litter; and

(l) not tamper with or damage any property of DRL.

Costumes:

8.12 DRL Services may encourage you to dress up. Please comply with the following guidelines when designing a costume to wear on a DRL Service:

(a) Costumes must conform to reasonable standards of decency.

(b) Costumes should not be so large that a Passenger needs to take up more space than allocated per seat or impacts the view of other Passengers.

Refusal to enter:

8.13 DRL may refuse entry to any person (who require a person to leave) in relation to a DRL Service or Controlled Area at its sole discretion for reasons including:

(a) for the safety of other Passengers and Accompanied Items;

(b) to prevent violation of any law;

(d) to prevent inconvenience, discomfort or objection to another Passenger;

(e) the person is accompanied by an animal (other than a guide dog or similar service dog);

(f) the person appears to be under the influence of alcohol or drugs or exhibit disorderly behaviour;

(g) the person is wearing (or is carrying any item) that is offensive (including gang patches);

(h) the person refuses not to smoke on the DRL Services or in a Controlled Area;

(i) the person is littering

(j) the person is abusive towards DRL or other Passengers;

(k) the person is noisy or violent or is disturbing the peace;

(l) the person attempts to bring a prohibited item into the DRL Service or Controlled Area;

(m) the person is in breach of these Terms.

If a Passenger refuses to disembark a DRL Service or leave a Controlled Area when asked by DRL then DRL will alert the NZ Police and a trespass notice may be issued.

9. Covid-19 Regulations

9.1 DRL operates in accordance with the New Zealand Government’s COVID-19 Guidelines. Please refer to the COVID19 Government website for further information including the current guidelines for the Otago Region: https://covid19.govt.nz/prepare-and-stay-safe/

9.2 The wearing of facemasks is optional on DRL services.

9.3 By boarding a DRL Service you warrant that you have not tested positive for COVID-19 in the last 7 days, or currently waiting on test results.

9.4 Should a DRL Service be cancelled due to a change in guidelines within the COVID-19 Guidelines, a full refund will be issued on ticket purchases and either DRL or the ticketing agent will be in touch with further information on the refund process.

10. General

10.1 Governing law: These Terms are governed by New Zealand laws and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

10.2 Conflict with Ticket conditions: If there is any these Terms and the conditions or information printed on a Ticket these Terms prevail.

10.3 Waiver: No failure or delay by DRL in insisting on the strict performance of these Terms or to exercise any right under these Terms will operate as a waiver of those matters. A waiver will not be effective unless it is in writing. A waiver of any breach will not be a waiver of any other breach.

10.4 Amendments: These Terms may be amended without prior notice. Any amendments to these Terms are valid and effective from the time that they are published on Dunedin Railway's website (www.dunedinrailways.co.nz).

10.5 Severability: In the event that any part of these Terms becomes void, invalid or unenforceable at any time, that will not affect the validity of the rest of these Terms.

10.6 Force Majeure: DRL will not be liable for any delay or failure to perform any of its obligations that is caused or contributed to by any event beyond its reasonable control (including but not limited to an act of nature, environmental occurrence, epidemic, pandemic, biological occurrence, genetic variation, fire, discontinuity in power supply, court order, riot, war, strike or labour disturbance).