The Gernius Experience – Terms & Conditions

Version 3.5 — Effective 23 September 2026

1. Thank you for choosing to join The Gernius Experience.

1.1 These Terms and Conditions form part of the Customer’s booking with Gernius. They apply to the Package as described in the Package Details and outline the responsibilities of Gernius, the Customer and each Attendee. The following definitions apply:

(a) “Attendee” means each Participant and Partner.

(b) “Attendee Acceptance” means a separate copy of the Gernius Attendee Information and Acceptance Form set out in Appendix 1, personally completed and signed by the relevant Attendee, including the separate signature required under that form where clause 23 applies. Each adult Participant and Partner must complete and sign their own copy.

(c) “Attendee Health, Safety and Wellbeing Information” means the dated or versioned attendee-facing health, safety and wellbeing document identified in the relevant Attendee Acceptance.

(d) “Attendee Obligations” means every obligation expressed in these Terms to apply personally to an Attendee, Participant or Partner.

(e) “Booking Confirmation” means Gernius’s electronic confirmation of the Customer’s booking and the Package Details.

(f) “Booking Website” means the website or online platform through which the Customer makes the booking and provides the Customer Acceptance.

(g) “Customer” means the person or legal entity identified as the customer during the online booking process and recorded as the customer in the Booking Confirmation, who is responsible for payment of the Package Price.

(h) “Customer Acceptance” means the Customer’s electronic acceptance of the Package Details and these Terms through the Booking Website.

(i) “Deposit” means the initial payment identified in the Package Details, which is paid for Gernius reserving the applicable places and commencing the planning, administration, supplier liaison and group travel arrangements required for the Package and which is credited towards the Package Price.

(j) “Event Beyond Control” means an event outside the affected party’s reasonable control that could not reasonably have been prevented or overcome, including a natural disaster, severe weather, epidemic, pandemic, government restriction, civil disturbance, industrial action, airport closure or material transportation disruption.

(k) “Gernius” means GERNIUS LIMITED (NZCN: 9457889), trading as Gernius.

(l) “Gernius Materials” means the Gernius Experience Guide and any itinerary, programme, schedule, brochure, presentation, workbook, email, website content, frequently asked questions or other promotional, explanatory or informational material provided by or on behalf of Gernius in connection with the Package, whether before or after booking. It does not include these Terms, the Package Details, the Booking Confirmation, an Attendee Acceptance or any document expressly stated to form part of the agreement.

(m) “Minimum Number” means the minimum number of paying Participants stated in the Package Details.

(n) “Minimum Numbers Date” means the date stated in the Package Details by which Gernius will determine whether the Minimum Number has been achieved.

(o) “Package” means the complete Gernius Experience package selected by the Customer and described in the Package Details, including the specified conference, flight, accommodation, transfer, meal, activity and partner components.

(p) “Package Details” means the package-specific information displayed or made available to the Customer during the online booking process and repeated in the Booking Confirmation, including the identity of the Customer and Attendees, the selected Package, inclusions and exclusions, Package Price, Deposit, payment dates, Minimum Number, Minimum Numbers Date, anticipated travel dates and arrangements, and cancellation terms.

(q) “Package Price” means the total price for the Package stated in the Package Details.

(r) “Participant” means the individual registered to attend the conference programme.

(s) “Partner” means an individual travelling under a partner package who is not registered to attend the restricted conference sessions.

(t) “Travel Agent” means the Envoyage independent adviser or agency identified in Gernius’s applicable quotation, invoice or itinerary and engaged by Gernius to arrange and administer the included travel services.

(u) “Travel Supplier” means an airline, accommodation provider, transfer operator, activity provider or other independent supplier used in delivering the Package.

(v) “Working Day” means a day other than a Saturday, Sunday or public holiday in New Zealand.

1.2 These Terms apply separately to the Customer and each Attendee. The Customer is bound through the Customer Acceptance and payment of the Deposit. Each Attendee is personally bound by the Attendee Obligations only when that Attendee personally completes their Attendee Acceptance. No Customer or Attendee may complete an Attendee Acceptance or give any personal authority, consent, undertaking or guarantee on behalf of another adult.

2. The Package

2.1 Gernius supplies the Package to the Customer as principal. Gernius provides the conference components and procures the included flights, accommodation, transfers, meals, activities and other services from Travel Suppliers.

2.2 Gernius engages the Travel Agent to arrange and administer the included travel services. Gernius contracts with, and is the customer of, the Travel Agent in relation to those services. Neither the Customer nor an Attendee is a party to that engagement, and the Travel Agent is not a party to the agreement between Gernius, the Customer and an Attendee.

2.3 A booking made in an Attendee’s name may create a separate contract between that Attendee and the relevant Travel Supplier, including a contract of carriage with an airline. That contract is subject to the applicable Travel Supplier terms.

2.4 Any personal travel or other service that is not expressly included in the Package Details is outside the Package and must be arranged and paid for separately by the Attendee directly with the Travel Agent or relevant supplier.

3. Online booking and contract formation

3.1 The person completing the online booking must identify whether the Customer is an individual or a legal entity. If the Customer is a legal entity, that person must provide the Customer’s full legal name, NZBN or company number, billing details, and their own name, position and authority to bind the Customer.

3.2 A binding agreement between Gernius and the Customer is formed when:

(a) the Customer completes the online booking;

(b) the Customer completes the Customer Acceptance;

(d) the Deposit is successfully processed and received by Gernius.

3.3 Payment of the Deposit authorises and instructs Gernius to reserve the applicable places and immediately commence the planning, administration, supplier liaison and group travel arrangements required for the Package.

3.4 Gernius will issue the Booking Confirmation promptly after receiving the Deposit. The Booking Confirmation records the agreement and Package Details but is not a condition of contract formation.

3.5 The Customer must provide the name and contact details of each Participant and Partner. The Customer confirms that it is authorised to provide those details so that Gernius can provide each Attendee with the Attendee Acceptance.

3.6 Each adult Participant and Partner must personally complete and sign their own Attendee Acceptance in the form set out in Appendix 1 and return it to Gernius. No person may complete or sign an Attendee Acceptance for another adult.

3.7 Gernius may commence general conference planning, supplier negotiations and group arrangements immediately after receiving the Deposit. Gernius will not make a non-refundable booking in a particular Attendee’s name until that Attendee has completed the Attendee Acceptance and provided the required information, authority and consent.

3.8 If an Attendee does not complete the Attendee Acceptance by the deadline notified by Gernius, Gernius may cancel that Attendee’s provisional place after giving notice to the Customer. Clause 6 will then apply.

3.9 Places are limited and will be allocated in the order in which Deposits are received. If Gernius accepts a Deposit when no place is available because of an error or oversubscription, Gernius will notify the Customer and promptly refund the Deposit.

4. Price and Payments

4.1 The Customer must pay the Package Price in accordance with the payment schedule in the Package Details. The Package Price includes GST unless expressly stated otherwise.

4.2 The Deposit is not solely security for the Customer’s performance. It is paid in consideration of Gernius reserving the applicable places and commencing the planning, administration, supplier liaison and group travel arrangements required for the Package. The Deposit is credited towards the Package Price but, except as provided in clauses 3.9 and 7 or required by law, is non-refundable.

4.3 Gernius is authorised to apply the Deposit towards its planning and administration costs and initial commitments to the Travel Agent and Travel Suppliers.

4.4 Gernius is not required to make or pay for an individual travel booking until it has received the corresponding cleared funds and the completed Attendee Acceptance.

4.5 If the Customer does not pay an amount when due, Gernius may give written notice requiring payment within 10 Working Days. Interest accrues on the overdue amount at 10% per annum from its due date until payment. If payment is not received within that period, Gernius may treat the affected booking as cancelled by the Customer under clause 6. The Customer must reimburse Gernius’s reasonable external debt collection costs.

4.6 Any early-bird price applies only if the conditions and payment deadline stated in the Package Details are satisfied. If they are not satisfied, the standard Package Price applies unless Gernius agrees otherwise in writing.

4.7 Gernius may adjust a confirmed Package Price for a currency movement, tax, reduced group number or supplier price change only where the basis for that adjustment is expressly stated in the Package Details. Gernius must calculate the adjustment on an objective basis and notify the Customer promptly. If the adjustment is material, the Customer may cancel the affected booking before Gernius incurs the increased cost.

4.8 Credit card and debit card payments are processed through the third-party payment service provider identified on the Booking Website. Gernius does not receive or store an Attendee’s or Customer’s full credit card or debit card details.

4.9 By submitting a credit card or debit card payment, the Customer:

(a) authorises Gernius and its payment service provider to charge the amount then due, together with any credit card or debit card surcharge clearly disclosed before payment, to the nominated payment method;

(b) confirms that the Customer is the authorised holder of the nominated payment method or has the holder’s express authority to use it; and

(c) authorises the payment information to be transmitted directly to the payment service provider and relevant acquiring bank, card issuer and payment network for payment processing, refund, fraud-prevention and security purposes.

4.10 The payment service provider processes payment information in accordance with its own terms and privacy notice, which will be made available through the Booking Website. Gernius will obtain separate consent before authorising the payment service provider to retain payment details for future transactions.

4.11 If a payment is declined, reversed or not received for any reason, the corresponding amount remains payable by the Customer. Nothing in this clause limits any right or remedy that cannot lawfully be excluded.

5. Travel arrangements and booking authority

5.1 Gernius is the sole customer of the Travel Agent in relation to the included travel arrangements. The Travel Agent will arrange the group travel and provide booking confirmations, tickets, itineraries and other travel documents to Gernius for distribution to Attendees.

5.2 Through the Attendee Acceptance, each Attendee authorises Gernius to collect, hold, use and disclose the Attendee’s passport name, passport details, date of birth, contact information, travel requirements and other information reasonably required to arrange and administer the included travel.

5.3 Each Attendee authorises Gernius to provide that information to the Travel Agent and relevant Travel Suppliers and to instruct the Travel Agent to:

(a) make reservations in the Attendee’s name;

(b) issue tickets and travel documents in the Attendee’s name; and

5.4 Each Attendee authorises Gernius, acting through the Travel Agent, to accept on the Attendee’s behalf the standard conditions of carriage, fare rules, booking conditions and privacy terms imposed by a Travel Supplier, provided that:

(a) those terms are customary for the relevant service; and

(b) the booking is materially consistent with the Package Details and the travel restrictions disclosed by Gernius.

5.5 Each Attendee agrees to comply with the Travel Supplier terms applicable to any service booked in that Attendee’s name.

5.6 Gernius will provide each Attendee with the airline, operating carrier, itinerary, conditions of carriage, fare rules, baggage entitlement, change restrictions, cancellation restrictions and other material booking information as soon as it becomes available and, wherever reasonably practicable, before the booking becomes non-refundable.

5.7 If a proposed booking materially departs from the disclosed destination, travel dates, routing, baggage entitlement or principal refund and change restrictions, Gernius will obtain the affected Attendee’s agreement before authorising the booking.

5.8 Travel Supplier terms govern the provision of the relevant supplier service. They do not otherwise amend this agreement or exclude any obligation or liability of Gernius that cannot lawfully be excluded.

5.9 Gernius’s engagement of the Travel Agent is subject to the terms agreed between Gernius and the Travel Agent, which may include the Envoyage booking terms applicable when the relevant booking is made. Those terms apply only between Gernius and the Travel Agent. Gernius does not accept those terms as agent for an Attendee, and neither the Customer nor an Attendee is bound by them merely because Gernius arranges the included travel services.

5.10 Any travel insurance, additional travel or other service outside the Package that an Attendee arranges directly with the Travel Agent, an insurer or another supplier constitutes a separate arrangement between that Attendee and the relevant provider. The applicable Travel Agent, Envoyage, insurer or Travel Supplier terms will apply to that separate arrangement, and Gernius will not be a party to it.

5.11 Gernius recommends that Attendees refer to the Travel Agent’s or Envoyage booking terms for general travel information. Unless an Attendee separately contracts with the Travel Agent for a service outside the Package, those terms do not bind the Attendee or form part of the agreement between Gernius and the Attendee.

5.12 Attendees must check all travel documents promptly and notify Gernius immediately of any error.

6. Cancellation by the Customer

6.1 The Customer may cancel the entire booking or the booking of a named Attendee by giving written notice to Gernius.

6.2 If the Customer cancels, the Deposit is non-refundable because Gernius has reserved the applicable places and commenced the planning and arrangements required for the Package.

6.3 In addition to the Deposit, the Customer must pay:

(a) amounts Gernius has already paid or become unconditionally liable to pay to the Travel Agent or Travel Suppliers and cannot reasonably recover or avoid;

(b) any cancellation or change charge stated in the Package Details; and

6.4 Issued airline tickets may be 100% non-refundable and may not permit a name change. The applicable position will be stated in the Package Details or travel information provided to the Attendee.

6.5 Gernius will take reasonable steps to mitigate its loss and will not recover the same amount twice.

6.6 If Gernius subsequently receives a supplier refund or credit relating to the cancelled booking, Gernius will pass it to the Customer, less any reasonable processing charge stated in the Package Details.

6.7 Failure by an Attendee to complete the Attendee Acceptance, obtain the required insurance, supply accurate travel information, meet passport or entry requirements, or attend the relevant departure is treated as cancellation of that Attendee’s booking by the Customer, except to the extent caused by Gernius.

6.8 Gernius will pay any cash refund due under this clause within 20 Working Days after confirming the amount recoverable or avoided.

7. Cancellation by Gernius

7.1 Gernius’s obligation to proceed with The Gernius Experience is conditional upon the Minimum Number being achieved by the Minimum Numbers Date.

7.2 If the Minimum Number is not achieved by the Minimum Numbers Date, Gernius may cancel The Gernius Experience by notifying the Customer. Gernius will then refund the Deposit and all other amounts paid by the Customer in full.

7.3 If Gernius chooses for convenience not to proceed, or cancels or is unable to perform the Package for a reason within its reasonable control, Gernius will refund the Deposit and all other amounts paid by the Customer in full.

7.4 Instead of a refund, the Customer may elect to transfer the booking to a future Gernius Experience or accept a credit. Any transfer or credit is optional and requires the Customer’s agreement.

7.5 Gernius will pay a refund under this clause within 20 Working Days after confirming the cancellation.

7.6 Gernius is not responsible for independently booked travel, insurance premiums or personal expenditure outside the Package, except to the extent required by law.

7.7 Cancellation or disruption caused by a Travel Supplier or an Event Beyond Control is dealt with under clauses 8 and 9.

8. Changes to the Package

8.1 Gernius may make reasonable minor changes to speakers, timetables, venues, activities, accommodation details, flight times or Travel Suppliers where the overall nature, standard and value of the Package are not materially reduced.

8.2 A minor change does not entitle the Customer to cancel or receive compensation or a refund.

8.3 A material change includes:

(a) a change of destination or conference dates;

(b) a significant change to the anticipated travel dates or routing;

(d) a significant reduction in the principal Package inclusions.

8.4 Gernius will notify the Customer and affected Attendees of a material change promptly and, where reasonably available, offer a comparable alternative.

8.5 If a material change is within Gernius’s reasonable control, the Customer may accept the alternative or cancel the affected booking for a full refund.

8.6 If the material change results from a Travel Supplier or an Event Beyond Control, the Customer’s rights are determined under clause 9, the applicable Travel Supplier terms and any applicable law.

9. Events Beyond Control and supplier disruption

9.1 If an Event Beyond Control or the act, omission, cancellation, insolvency or failure of a Travel Supplier prevents or materially impairs performance of the Package, Gernius may reasonably alter, postpone or cancel the affected part of the Package.

9.2 Gernius will notify affected Customers promptly, take reasonable steps to mitigate the effects and consider reasonably available alternatives.

9.3 Subject to applicable law, Gernius may retain from the Deposit an amount reasonably attributable to planning and administration services performed before the Event Beyond Control or Travel Supplier disruption occurred. Gernius will refund the balance, subject to clause 9.4.

9.4 Gernius may also retain or deduct amounts already paid or unconditionally committed to the Travel Agent or Travel Suppliers and not reasonably recoverable or avoidable. Gernius will refund all remaining amounts.

9.5 If Gernius subsequently receives a refund or credit from a Travel Supplier, Gernius will pass it to the Customer, less any reasonable processing charge stated in the Package Details.

9.6 Nothing in this clause limits any right or remedy that cannot lawfully be excluded.

10. Travel Insurance

10.1 Each Attendee must obtain and maintain, at their own cost, comprehensive travel insurance appropriate to their circumstances as soon as the agreement is formed and, wherever reasonably practicable, before Gernius incurs non-refundable travel costs for that Attendee.

10.2 The insurance should include cover for overseas medical and repatriation expenses, cancellation and non-refundable travel costs, travel disruption and delay, baggage and personal liability.

10.3 Each Attendee must provide satisfactory evidence of insurance by the deadline stated in the Package Details.

10.4 Gernius does not advise on or warrant the suitability of any insurance policy or that a policy will respond to a particular event or loss.

10.5 If an Attendee does not obtain or evidence the required insurance after reasonable notice, Gernius may cancel that Attendee’s place and clause 6 will apply.

11. Passports, Visas and Travel Documents

11.1 Each Attendee is responsible for:

(a) holding a valid passport;

(b) meeting all entry, health and transit requirements;

(d) carrying all required travel documents; and

(e) ensuring that the name supplied to Gernius exactly matches the name in their passport.

11.2 Each Attendee must check the official requirements applicable to their citizenship, passport and circumstances sufficiently before travel.

11.3 The Customer is responsible for reasonable additional supplier charges and direct costs caused by inaccurate or late information supplied by the Customer or an Attendee.

11.4 Any passport, visa, health or entry information supplied by Gernius is general information only. Each Attendee remains responsible for checking current official requirements.

11.5 Gernius is not responsible for denied entry, missed travel or additional costs arising from an Attendee’s failure to comply with this clause, except to the extent caused by Gernius’s failure to use reasonable care or where liability cannot lawfully be excluded.

12. Health, safety and emergencies

12.1 Each Attendee must provide complete and accurate information reasonably required by Gernius to assess and manage that Attendee’s health, safety, dietary, mobility or accessibility requirements.

12.2 Each Attendee is responsible for assessing whether they are fit to travel and participate and for obtaining appropriate medical advice before travel.

12.3 Each Attendee must follow any reasonable health, safety and wellbeing requirements or directions communicated to that Attendee by Gernius, conference personnel or a Travel Supplier in connection with The Gernius Experience.

12.4 Gernius will take reasonable steps to communicate an Attendee’s disclosed requirements to relevant Travel Suppliers but cannot guarantee that every requirement can be accommodated. Participation in a particular activity may be restricted where Gernius or the Travel Supplier reasonably considers this necessary for health or safety.

12.5 In an emergency, and where it is not reasonably practicable to obtain the Attendee’s instructions, the Attendee authorises Gernius to arrange reasonable medical, evacuation or other emergency assistance. The Customer and Attendee are responsible for the resulting cost to the extent it is not covered by insurance and was not caused by Gernius’s breach or negligence.

12.6 Gernius has developed a Conference Health, Safety and Wellbeing Manual covering risk management, incident reporting, emergency procedures, contractor and Travel Supplier management, participant wellbeing, misconduct and removal procedures, and activity oversight.

12.7 Each Attendee must promptly report to Gernius any accident, incident, misconduct or material health, safety or wellbeing concern arising during The Gernius Experience.

12.8 The Conference Health, Safety and Wellbeing Manual is an internal operational document and does not form part of the agreement. Attendee responsibilities are set out in these Terms, the Attendee Acceptance and the Attendee Health, Safety and Wellbeing Information identified in that Acceptance. The Manual does not extend Gernius’s obligations beyond the agreement or applicable law.

13. Attendee conduct and removal

13.1 Each Attendee must:

(a) comply with applicable New Zealand and Vanuatu laws;

(b) comply with reasonable directions from Gernius, conference personnel and Travel Suppliers;

(d) treat other Attendees, local communities, conference personnel and suppliers with respect;

(e) refrain from harassment, discrimination, violence, abusive behaviour, illegal drug use and conduct creating a material safety risk;

(f) avoid conduct reasonably likely to cause material harm to Gernius’s reputation or its relationships with the local community or suppliers; and

(g) respect local customs, culture and property.

13.2 Gernius may remove or exclude an Attendee where Gernius reasonably considers this necessary to protect safety, comply with law or supplier requirements, prevent serious disruption or protect Gernius from material reputational harm.

13.3 Unless urgent action is reasonably required, Gernius will first notify the Attendee of the concern and give them a reasonable opportunity to address it.

13.4 Where an Attendee is removed or excluded, the Customer is not entitled to a refund of amounts already spent, committed or lost because of that Attendee’s conduct. Gernius will pay the Customer any net amount it subsequently recovers or avoids.

13.5 The Attendee and Customer are responsible for reasonable additional accommodation, transport and return-travel costs resulting from the Attendee’s removal.

13.6 Each Attendee indemnifies Gernius against direct loss, property damage and third-party claims to the extent caused by that Attendee’s unlawful, deliberate or reckless act or material breach of these Terms. This indemnity does not apply to loss caused by Gernius’s breach or negligence.

14. Photography & Media

14.1 Photographs and video may be taken during The Gernius Experience. Gernius will use an identifiable image or recording of an Attendee for Gernius marketing or promotional purposes only if that Attendee has given separate consent.

14.2 Consent is optional and may be withdrawn for future use by notifying Gernius. Withdrawal does not require Gernius to recall material already published or distributed before withdrawal.

14.3 No fee or other compensation is payable for an authorised use.

14.4 Gernius will take reasonable steps to avoid using identifiable promotional images of an Attendee who has not consented but cannot guarantee that the Attendee will not appear incidentally in a crowd or background image.

15. Confidentiality and recording

15.1 Each Attendee must keep confidential any non-public personal, commercial or business information shared during The Gernius Experience that is identified as confidential or that a reasonable person would understand to be confidential.

15.2 Clause 15.1 does not prevent disclosure:

(a) with the consent of the person to whom the information relates;

(b) of information that becomes public other than through a breach of these Terms;

(d) to the Attendee’s professional adviser who is subject to an obligation of confidence; or

(e) reasonably necessary to protect any person’s health, safety or welfare.

15.3 An Attendee must not make an audio or video recording of any conference session, discussion or activity without the prior consent of Gernius and all identifiable persons being recorded.

15.4 Gernius will take reasonable steps to communicate and enforce these confidentiality requirements but cannot guarantee compliance by every attendee.

15.5 This clause continues after completion or termination of the Package.

16. Travel Suppliers

16.1 Gernius uses independent Travel Suppliers to deliver specified Package components but remains the principal supplier of the Package to the Customer.

16.2 Gernius will exercise reasonable care in selecting and arranging Travel Suppliers.

16.3 Travel Suppliers remain independently responsible for performing their services and may impose applicable operational, change, cancellation and liability provisions.

16.4 Airline liability may also be governed or limited by applicable international conventions, including the Montreal Convention where applicable.

16.5 Gernius will provide reasonable assistance with Travel Supplier changes, claims, refunds and credits. Nothing in these Terms prevents an Attendee from pursuing any direct right available against a Travel Supplier.

16.6 The involvement of a Travel Supplier does not exclude any obligation or liability of Gernius that cannot lawfully be excluded.

17. Liability

17.1 Nothing in these Terms excludes or limits any right, remedy or liability that cannot lawfully be excluded or limited, including any applicable right under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.

17.2 Subject to clause 17.1, Gernius is not liable for loss caused by:

(a) personal travel or services outside the Package;

(b) the Customer’s or an Attendee’s breach of these Terms, inaccurate information or failure to follow reasonable instructions;

(d) an Event Beyond Control, except as provided in clause 9.

17.3 To the extent permitted by law, Gernius is not liable for indirect or consequential loss or for loss of profit, revenue, opportunity, goodwill or business interruption.

17.4 To the extent permitted by law, Gernius’s aggregate liability for a claim that does not arise under a non-excludable consumer guarantee is limited to the Package Price attributable to the affected Customer and Attendee.

17.5 Where clause 22 applies to a business Customer, Gernius’s aggregate liability is limited to the Package Price paid or payable by that Customer.

17.6 A person making a claim must notify Gernius promptly, provide reasonably requested information and take reasonable steps to mitigate loss. A delay in notification reduces Gernius’s liability only to the extent that Gernius is materially prejudiced by the delay.

18. Property

18.1 Each Attendee is responsible for their luggage, equipment and personal property.

18.2 Gernius is not responsible for loss, theft or damage to an Attendee’s property except to the extent caused by Gernius’s breach or negligence or where liability cannot lawfully be excluded.

18.3 Each Attendee is responsible for loss or damage they cause to a venue, accommodation provider, Travel Supplier or another person’s property.

19. Intellectual property

19.1 All intellectual property rights in materials supplied by Gernius or a presenter remain owned by Gernius or the relevant rights holder.

19.2 Unless expressly permitted, the materials are supplied only for the Customer’s internal business use and the Attendee’s personal use and must not be reproduced, distributed, published, sold or commercially exploited.

19.3 Nothing in these Terms transfers ownership of any intellectual property to the Customer or an Attendee.

20. No advice or reliance

20.1 The content of The Gernius Experience and any materials provided are for general informational, educational and motivational purposes only. They do not constitute professional, financial, legal, medical or other advice.

20.2 Each Attendee remains responsible for obtaining advice appropriate to their circumstances before acting or relying on the content.

20.3 Views expressed by external speakers are their own and are not necessarily the views of Gernius.

21. Privacy

21.1 The Customer may provide Gernius with the name and individual email address of each Attendee so that Gernius can invite that Attendee to complete the Attendee Acceptance. The Customer confirms that it is authorised to provide those details for that purpose.

21.2 Wherever reasonably practicable, each Attendee must personally provide their passport and identity information, contact details, travel requirements, dietary and accessibility information, relevant health and safety information, emergency contact details and insurance information through the Attendee Acceptance.

21.3 Gernius may collect, hold, use and disclose personal information for the purposes of:

(a) administering registrations and payments;

(b) arranging and administering flights, accommodation, transfers, meals and activities;

(d) communicating travel or Package information and changes;

(e) managing health, safety and emergency matters;

(f) managing insurance information and claims; and

(g) complying with legal requirements.

21.4 Gernius may disclose personal information to the Travel Agent, payment service providers, acquiring banks and payment networks, airlines, accommodation providers, transfer and activity operators, emergency services, insurers and relevant governmental or regulatory authorities where reasonably required for the purposes described in clause 21.3.

21.5 Some recipients may be located outside New Zealand and may not be subject to the Privacy Act 2020 or privacy safeguards comparable to those applying in New Zealand. Through the Attendee Acceptance, each Attendee expressly authorises Gernius to make those overseas disclosures after receiving this explanation.

21.6 Before an Attendee provides Gernius with personal information about an emergency contact, the Attendee must tell that person that:

(a) Gernius Limited, whose registered office is care of True North Chartered Accountants Ltd, 1076 Pukaki Street, Rotorua 3010, will collect and hold their name, contact details and relationship to the Attendee;

(b) the information will be used for emergency, safety and wellbeing purposes;

(c) the information may be disclosed to conference personnel, the Travel Agent, Travel Suppliers, accommodation or activity providers, emergency services, insurers and public authorities where reasonably necessary for those purposes; and

(d) the person may request access to, or correction of, their information by contacting Gernius at lietta@gernius.co.nz.

21.7 The Attendee must confirm in their Attendee Acceptance that they have provided this information to their emergency contact.

21.8 Gernius will take reasonable steps to protect personal information from loss, unauthorised access, use, modification or disclosure and to ensure that information it holds is accurate and up to date.

21.9 A person may request access to or correction of personal information held about them by contacting Gernius at lietta@gernius.co.nz.

21.10 Gernius will retain personal information only for as long as reasonably required for the purposes for which it was collected or to satisfy legal requirements, after which it will be securely destroyed or de-identified.

21.11 Providing personal information is voluntary, but failure to provide information reasonably required for travel or safety may prevent Gernius from confirming or providing an affected Package component.

21.12 Any consent to direct marketing will be obtained separately and is not a condition of booking.

21.13 If an Attendee selects an optional request to be contacted about travel insurance or additional personal travel, the Attendee authorises Gernius to provide that Attendee’s name, contact details and the nature of their request to the Travel Agent for that purpose. Any resulting insurance, travel or other service is a separate arrangement governed by clause 5.10.

22. Business Customers and contracting out

22.1 This clause applies where:

(a) the Customer and Gernius are both in trade;

(b) the Customer acquires the Package in trade;

(d) it is fair and reasonable for the parties to be bound by this clause.

22.2 Where clause 22.1 applies, the Customer and Gernius agree that:

(a) the Consumer Guarantees Act 1993 does not apply to the supply of the Package to the Customer; and

(b) sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to their dealings under this agreement.

22.3 The Customer confirms that it is acquiring the Package for business purposes, that its representative is authorised to bind it, that it has had a reasonable opportunity to review these Terms and that it considers this clause fair and reasonable.

22.4 This clause does not apply where the statutory requirements for contracting out are not satisfied and does not exclude any right, remedy or liability that cannot lawfully be excluded.

22.5 This clause does not automatically exclude any personal statutory right that an Attendee may have independently of the Customer.

23. Personal obligations, joint and several liability and guarantee

23.1 Every Participant and Partner enters into this agreement personally in respect of the Attendee Obligations, regardless of whether the Customer is that individual, their employer or another person.

23.2 Where the Customer is a legal entity, each Attendee:

(a) assumes, as a primary obligation, joint and several liability with the Customer for the due and punctual payment and performance of the Customer obligations described in clause 23.3; and

(b) separately and unconditionally guarantees the due and punctual payment and performance by the Customer of those obligations.

23.3 An Attendee’s liability under clause 23.2 applies only to the extent that the relevant Customer obligation relates to:

(a) the Deposit and balance of the Package Price attributable to that Attendee;

(b) travel, accommodation, activities or other services booked or arranged for that Attendee;

(d) information, authority, consent or other performance required to arrange or provide that Attendee’s Package;

(e) additional costs caused by inaccurate or late information, a request, conduct or breach by that Attendee; or

(f) property damage, loss or a third-party claim for which the Customer or that Attendee is responsible under these Terms.

23.4 If an obligation described in clause 23.3 is not paid or performed when due, Gernius may, after making written demand, enforce the obligation against the Customer, the relevant Attendee or both of them. Gernius is not required first to take enforcement action against the Customer or any other person.

23.5 The maximum aggregate liability of an Attendee under clause 23.2 is limited to the Package Price attributable to that Attendee, together with any cancellation, change, supplier, damage and other direct costs for which the Customer or that Attendee is responsible under these Terms and which are not included in that Package Price.

23.6 Gernius may not recover the same amount more than once.

23.7 An amendment made after the Attendee completes the Attendee Acceptance will not materially increase that Attendee’s liability under this clause unless the Attendee separately agrees to that amendment in writing.

23.8 Each Attendee’s obligations under this clause are separate and enforceable against that Attendee whether or not any other Attendee completes an Attendee Acceptance or becomes bound by these Terms.

23.9 Nothing in this clause excludes any right, remedy or liability that cannot lawfully be excluded.

24. Acceptance and communications

24.1 The Customer and each Attendee agree that these Terms, the Package Details, Booking Confirmation, Travel Supplier terms, travel documents, notices and other information may be provided in writing or electronically.

24.2 Signing the declaration at the end of the Attendee Acceptance constitutes the Attendee’s signature and acceptance of all mandatory acceptances, agreements, authorities and consents in section 8 and any optional choices selected in section 9 of the Acceptance.

24.3 Where clause 23 applies, the Attendee must also sign the separate joint and several liability and guarantee section of the Attendee Acceptance. That separate signature constitutes the Attendee’s signature in respect of the obligations in clause 23.

24.4 Each person must provide and maintain a current email address. A communication is treated as received when it becomes capable of being retrieved at that address. A communication received after 5.00 pm or on a day that is not a Working Day is treated as received on the next Working Day.

24.5 Gernius will provide the Customer and each Attendee with a copy of the documents accepted by that person.

25. Entire agreement and document priority

25.1 The agreement consists of:

(a) the Booking Confirmation and Package Details;

(b) these Terms, including Appendix 1;

(d) the Attendee Health, Safety and Wellbeing Information identified in the relevant Attendee Acceptance, but only in relation to the responsibilities and information applicable to an Attendee and subject to these Terms; and

(e) identified Travel Supplier terms, but only in relation to the service provided by that Travel Supplier.

25.2 All Gernius Materials are provided subject to these Terms.

25.3 Except to the extent that the Package Details or Booking Confirmation expressly incorporate a specific inclusion, service, price or other commitment from the Gernius Materials, the Gernius Materials:

(a) are general, indicative, promotional or explanatory material only;

(b) do not form part of the agreement;

(c) do not create or enlarge any contractual representation, warranty, undertaking, guarantee or obligation of Gernius; and

(d) do not amend or override these Terms, the Package Details or the Booking Confirmation.

25.4 If there is any inconsistency, the Package Details accepted by the Customer during the online booking process prevail for package-specific commercial information. The Booking Confirmation records those Package Details and does not amend them unless a variation is agreed in accordance with clause 25.6. These Terms otherwise prevail. Travel Supplier terms govern only the relevant supplier service. A completed Attendee Acceptance records the relevant Attendee’s information, acceptances, authorities, consents, undertakings and optional choices and, where applicable, their obligations under clause 23, but does not otherwise amend these Terms. The Attendee Health, Safety and Wellbeing Information is subject to these Terms.

25.5 Subject to any right or liability that cannot lawfully be excluded, the documents identified in clause 25.1 record the entire agreement between Gernius, the Customer and each Attendee concerning the Package.

25.6 A variation is effective only if agreed in writing by Gernius and the Customer, except for a change expressly permitted under clauses 5, 8, 9 or 16. Any variation materially affecting an Attendee’s personal obligations, travel authority or liability under clause 23 also requires that Attendee’s separate written agreement.

26. Disputes and Governing Law

26.1 These Terms and the agreement are governed by New Zealand law. The parties submit to the jurisdiction of the New Zealand courts and the Disputes Tribunal where it has jurisdiction.

26.2 This choice of law does not exclude any mandatory law applying to travel or services delivered in Vanuatu.

26.3 A party raising a dispute must first give the other party written notice describing the dispute and the remedy sought. The parties will use good faith to try to resolve the dispute before commencing proceedings, except where urgent relief is reasonably required.

26.4 The parties may agree to arbitration after a dispute arises but neither party is required to arbitrate.

27. Survival

Clauses 13.6, 14, 15, 17, 18, 19, 20, 21, 22, 23, 25 and 26 continue after completion, cancellation or termination to the extent required to give them effect.