Last updated: 13 July 2026

‍These terms set out the agreement between you and DNA Tours Limited (NZBN 9429051229849), trading as Forty Five South (“we”, “us”, “our”). They apply to every booking you make with us. Please read them. By paying a deposit or making a booking, you confirm that you have read, understood and accepted them, on your own behalf and on behalf of everyone travelling in your party.

1. About Us

Forty Five South is a New Zealand company. We design and operate private, guided journeys throughout New Zealand.

In some parts of your itinerary we act as a principal, providing the service ourselves using our own guides and vehicles. In other parts we act as an agent, booking services on your behalf with third-party suppliers such as lodges, hotels, airlines, helicopter and charter operators, cruise operators and activity providers. Where we act as an agent, your contract for that service is with the supplier, and their terms and conditions apply to it in addition to ours. We will make clear which is which when we send you your itinerary.

2. Day Tours and Multi-Day Journeys

We offer two kinds of experience, and different payment and cancellation terms apply to each. Your written quote and confirmation will state clearly which one you have booked.

‍• A day tour is a single-day private experience with no overnight accommodation arranged by us.

‍• A multi-day journey is an itinerary spanning two or more days, and typically includes accommodation, activities and other services booked by us on your behalf.

The reason for the difference is straightforward. A multi-day journey requires us to commit your money to lodges, guides and operators well in advance, and many of those bookings cannot be undone. A day tour does not.

3. Bookings and Confirmation

A booking is confirmed only once we have issued you a written confirmation and received payment in cleared funds as set out below. Until then, no services are held for you, and prices remain subject to change and availability.

The person making the booking (the “lead traveller”) confirms that they are at least 18 years old, that they have authority to accept these terms on behalf of every person named in the booking, and that they will pass on to the rest of the party all relevant information we provide.

You must give us accurate names, contact details, and any relevant medical, dietary or accessibility information at the time of booking. We are not responsible for the consequences of information you give us that is incomplete or incorrect.

4. Prices, Quotes and Payment

All prices are quoted in New Zealand dollars and include Goods and Services Tax (GST) at 15%.

Quotes are valid for 14 days from the date of issue and are based on the costs, exchange rates and supplier rates applying at that time. Until your booking is confirmed and payment received, we may need to revise a quote if supplier rates, taxes or levies change, or if the availability the quote was based on is lost. Obvious errors and omissions, whether clerical, arithmetical or otherwise, may be corrected, and we will tell you promptly if that happens.

Multi-day journeys

To confirm your booking we require a deposit of 50% of the total booking value. This allows us to secure your guides, accommodation and activities before they are taken by someone else.

The balance is due no later than 30 days before the first day of your journey. If you book within 30 days of travel, the full amount is payable at the time of booking.

Day tours

Payment in full is due 14 days before your tour. Where a booking is made within 14 days of the tour date, payment in full is due at the time of booking.

Some day tours involving chartered aircraft, vessels or exclusive-use venues require full prepayment at the time of booking. Where this applies, we will tell you in your quote.

Both

‍Late payment. If we do not receive payment by the due date, we may treat your booking as cancelled by you, and the cancellation charges in clause 6 will apply. Where amounts remain outstanding, we reserve the right to recover reasonable costs of collection.

‍Card payments. Credit card payments may attract a processing fee, which we will tell you about before we take payment, not after. Bank fees on international transfers are your responsibility.

‍Some suppliers require more. Certain lodges, charter operators and exclusive experiences require payment further in advance, or on non-refundable terms, from the moment they are booked. Where this applies to your itinerary, we will tell you in writing before you confirm.

5. What Your Price Includes

Your written itinerary is the definitive statement of what is included. Anything not listed there is not included.

Unless we have expressly stated otherwise, your price does not include international or domestic airfares, travel insurance, passport, visa, NZeTA and levy costs, meals and beverages not specified, optional activities, laundry, items of a personal nature, excess baggage charges, or gratuities.

6. Cancellation by You

All cancellations must be made in writing and take effect on the date we receive them.

We would rather be straight with you about how this works than hide it in the fine print. When we confirm your journey, we commit real money on your behalf to lodges, guides, pilots and operators, most of them small businesses that hold space for you and turn other travellers away. Some of that money we can get back. Some of it we cannot. Our terms are built around that distinction: we keep only what we have genuinely lost, and we return the rest.

Multi-day journeys

‍• More than 30 days before your first day of travel: we will refund what you have paid us, less any third-party costs we have committed on your behalf and are unable to recover.

‍• 14 to 30 days before your first day of travel: we will refund 50% of the total booking value, subject to the terms of the suppliers involved.

‍• Fewer than 14 days before your first day of travel, or once your journey has begun: no refund is payable.

• Non-arrival is treated as a cancellation within 14 days, and no refund is payable.

Unused services, once your journey has started, are not refundable. If you choose to leave a journey early, or to skip part of it, no refund or credit is due.

Day tours

‍• More than 14 days before your tour: we will refund what you have paid us, less any third-party costs we have committed on your behalf and are unable to recover.

• 7 to 14 days before your tour: we will refund 50% of the tour price, subject to the terms of the suppliers involved.

• Fewer than 7 days before your tour, or non-arrival: no refund is payable.

Both

Unrecoverable costs. Where we deduct third-party costs from a refund, we will tell you what they are and what they were for. We will always try to recover them on your behalf first, and we will pass on anything we succeed in getting back.

‍Supplier terms override these schedules. Many of the lodges, helicopter operators, charters and experiences we book on your behalf hold their own cancellation terms, and some are stricter than ours. A number of the small, exclusive properties we work with are non-refundable from the moment they are confirmed. Where a supplier charges a cancellation fee that exceeds the amount you would otherwise be refunded under the schedules above, that charge is payable by you. We will tell you which parts of your itinerary carry these terms at the time you confirm, so that you are never surprised by them later.

‍This is what travel insurance is for. Cancellation charges are almost always recoverable under a comprehensive policy taken out at the time you book. They are almost never recoverable under one taken out later.

7. Changes by You

We will do our best to accommodate changes to a confirmed booking, but we cannot guarantee them. Any change is subject to availability and to the terms of the suppliers involved. Requests must be made in writing, and the earlier the better.

Where a change results in a cancellation charge from a supplier, or in the loss of a booking we have already secured for you, those costs are payable by you. For multi-day journeys, we may also charge a reasonable administration fee of NZ$100 per amendment for changes requested after your booking is confirmed.

Changes requested close to travel may need to be treated as a cancellation and rebooking, in which case clause 6 applies.

8. Changes and Cancellation by Us

Our itineraries are shaped by weather, road conditions, supplier availability and safety. We reserve the right to alter, substitute or reorder elements of your journey where this is reasonably necessary, and we will always aim to provide an alternative of comparable quality. Minor changes of this kind are a normal part of travelling in this country and do not entitle you to a refund.

If we make a significant change to a confirmed itinerary before you travel, we will tell you as soon as we can. You may then accept the change, accept an alternative we offer of equal value, or cancel and receive a full refund of what you have paid us.

If we cancel your booking outright, other than because of your own act or omission, non-payment, or an event outside our control, you will receive a full refund of all monies paid to us. That refund is the limit of our liability in those circumstances.

We may cancel or refuse to continue providing services to any guest whose behaviour, in our reasonable opinion, endangers the safety or wellbeing of themselves, other guests, our staff or the public, or who is unreasonably disruptive. In that event no refund is payable, and you will be responsible for your own onward arrangements and costs.

9. Events Outside Our Control

We are not liable for any failure or delay in performing our obligations where that failure or delay is caused by circumstances beyond our reasonable control. These include, without limitation: severe weather, avalanche, flooding, earthquake, volcanic activity, wildfire and other natural events; road, pass or airport closures; strikes and industrial action; epidemic or pandemic and any associated government restrictions; war, terrorism and civil unrest; flight disruption; and the failure or insolvency of a third-party supplier.

Where such an event affects your journey, we will do everything reasonably possible to provide an alternative, and we will seek refunds from suppliers on your behalf. We cannot guarantee recovery of amounts already paid out on your behalf, and non-recoverable costs remain payable by you.

10. Travel Insurance

You must hold comprehensive travel insurance for the duration of your journey, covering at minimum cancellation and curtailment, medical treatment and repatriation, emergency evacuation, personal liability, and loss of or damage to baggage and personal effects. It is your responsibility to make sure your policy covers every activity in your itinerary, including any adventure or aviation activity.

We may ask you to confirm your insurance details before you travel. Travelling without adequate insurance is at your own risk.

11. Passports, Visas and Entry

You are responsible for holding a valid passport and for obtaining any visa, NZeTA and levy payment required for your entry into New Zealand, and for meeting all border, customs, biosecurity and health requirements. We can point you to the right official resources, but we cannot advise on your individual immigration status, and we accept no liability if you are refused entry or denied boarding. No refund is payable in those circumstances.

12. Health, Fitness and Assumption of Risk

You must tell us at the time of booking about any medical condition, injury, allergy, disability or fitness limitation that may affect your participation, and you must keep us informed if anything changes before you travel. Anything you share with us is treated confidentially and passed to a supplier only where they need it to look after you safely.

New Zealand is an outdoor country, and elements of your journey may take place in remote, alpine, coastal or marine environments, or involve aviation, watercraft or adventure activities. These carry inherent risks that cannot be eliminated, however carefully an experience is planned and operated. By making a booking you acknowledge those risks and accept them.

You must follow all reasonable safety instructions given by your guide or by any activity operator.

13. Guide, Pilot and Operator Discretion

Your guide, and any pilot, skipper or activity operator involved in your itinerary, may at their sole discretion decline to begin an activity, decline to continue one, alter a route, or decline a guest’s participation, where in their judgement conditions or circumstances make it unsafe.

That judgement is final. It is not a matter for negotiation on the day, and it is always made in your interests. Where an activity cannot proceed for these reasons and we are able to recover the cost from the supplier, we will refund that portion to you. Where we cannot recover it, we will tell you honestly why.

14. Vehicles, Aviation and Charter Services

We reserve the right to substitute the vehicle, aircraft or vessel used on your journey where availability, maintenance, weather or operational factors require it. Any replacement will meet or exceed the standard of what was originally agreed.

Where you have made a specific request as to vehicle, aircraft or seating, we will honour it wherever we reasonably can, but we cannot guarantee a particular vehicle, aircraft or crew member for any booking.

Aviation and marine components are subject to the operator’s own weight, safety and weather requirements, and to their terms and conditions.

15. Confidentiality and Discretion

Discretion is part of what we sell, and we take it seriously.

We treat your identity, your itinerary, your movements and your personal details as confidential. We share them with a supplier only to the extent that supplier needs them in order to deliver a part of your journey, and where appropriate we require our partners to be bound by confidentiality obligations of their own.

We will never identify you as a client, quote you, or use your name, image or likeness in any marketing, social media or promotional material without your prior written consent. We may take photographs during your journey; if you would prefer we did not, simply tell your guide. It is no trouble, and it will be respected without discussion.

These obligations continue after your journey ends.

16. Your Responsibilities

You are responsible for your own belongings throughout your journey. We recommend you do not bring valuables you cannot afford to lose, and that you keep them with you. We are not responsible for loss of or damage to personal property except where caused by our negligence.

You will be liable for any loss or damage you cause to our vehicles, our equipment, or the property of our suppliers, and you agree to reimburse us for it.

Smoking and vaping are not permitted in our vehicles.

17. Third-Party Suppliers

Parts of your itinerary may be delivered by third-party suppliers. We take real care in choosing the people we work with, and we will always advocate on your behalf if something goes wrong. But we do not control their operations, and we cannot be held responsible for their acts, omissions, negligence, default or insolvency.

Their terms and conditions apply to the services they provide, in addition to ours.

18. Liability

Nothing in these terms limits or excludes your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where those Acts apply to you. Where you are acquiring our services for business purposes, the Consumer Guarantees Act does not apply and is excluded to the fullest extent permitted by law.

Subject to the paragraph above, and to the fullest extent permitted by law:

• our total liability to you in connection with your booking, whether in contract, tort (including negligence), equity or otherwise, is limited to the total amount you have paid us for that booking;

• we are not liable for indirect or consequential loss, including loss of enjoyment, loss of profits, or costs arising from missed onward travel connections; and

• where we act as an agent, we are not liable for the acts or omissions of any third-party supplier. Any claim in respect of the services they provide must be pursued against that supplier, and we will help you do so.

Accidental injury in New Zealand is covered by the Accident Compensation Corporation (ACC) scheme, which generally bars personal injury claims for compensatory damages. ACC cover for visitors is limited, which is a further reason to hold your own comprehensive travel and medical insurance.

19. Complaints

If something is not right, tell your guide immediately, so that we have the chance to put it right while you are still with us. Most problems can be solved on the spot. Almost none can be solved after you have gone home.

If a matter remains unresolved, please write to us at info@fortyfivesouth.co.nz within 30 days of the end of your journey, setting out the details. We will acknowledge your complaint promptly and work with you and the relevant supplier to resolve it fairly.

20. Privacy

We handle your personal information in accordance with the Privacy Act 2020 and our Privacy Policy, which forms part of these terms.

21. Intellectual Property

All content on this website and in our itineraries and proposals, including text, photography, itinerary design and branding, is owned by us or licensed to us, and may not be reproduced or used commercially without our written permission.

22. General

These terms, together with your written confirmation and itinerary, form the entire agreement between us, and supersede any earlier discussions or representations. Where there is any inconsistency, these terms prevail unless we have agreed otherwise in writing.

We may update these terms from time to time. The version that applies to your booking is the version in force on the date your booking was confirmed.

If any provision of these terms is found to be unenforceable, the remainder continues in full force.

These terms are governed by New Zealand law, and you agree to submit to the exclusive jurisdiction of the New Zealand courts.

‍DNA Tours Limited trading as Forty Five South
NZBN 9429051229849
5/19 Alton Terrace, Pakuranga Heights, Auckland 2010
info@fortyfivesouth.co.nz
+64 22 048 9238