Terms and Conditions

Rules and Regulations of Carriage

In this legal statement, all terms and conditions stated on this website applies to Dunedin Railways, which was also formerly known as Taieri Gorge Railways (TGR). This is also available for download in pdf.

1. Application of Rules and Regulations of Carriage

Application of Rules and Regulations of Carriage
TGR’s Rules and Regulations (Rules) of carriage apply to all people on all TGR Services or within any Controlled Area even if that person does not hold a TGR Ticket.

Employees, Agents or Representatives of TGR
These Rules apply to employees, agents or representatives of TGR.

Requirement for a Ticket or Membership of a Charter Party
Use of TGR Services is only permitted by Charter or with a Ticket.

A Passenger who is not a member of a Charter must hold a Ticket issued in accordance with these Rules. TGR may carry out full ticket checks on board any TGR Service or within any Controlled Area. Such a Passenger must, if required by TGR, show a Ticket for travel.

A Passenger who is a member of a Charter including a Cruise Charter Group accepts these Rules and Regulations by accepting carriage even if the Passenger has not entered into any formal written agreement with TGR.

2. Definitions

In these Rules:

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

Controlled Area means an area designated by TGR as an area where access is restricted to Passengers and TGR employees, staff and representatives;

TGR means Taieri Gorge Railway Limited, its successors and assignees;

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

Permit to Travel means a permit is sued by a TGR employee to a Passenger who has provided evidence satisfactory to that employee that a
Passenger has not been able to purchase a Ticket

Ticket means either:
(a) a paper ticket purchased from TGR or their agent;
(b) a Complimentary Ticket or Pass (issued by TGR staff);

3. Ticket Conditions and Payment

Tickets Non-Transferable Tickets are not transferable. If a Ticket is presented by someone other than the person entitled to it, TGR is not liable to the person entitled to it if, in good faith, TGR provides carriage to the person presenting the Ticket.

Retention of Tickets The Passenger must retain his or her Ticket at all times while on board a TGR Service or in a Controlled Area.

 

If a Passenger pays electronically and qualifies for a refund under clause 4, TGR will refund you.


To cancel your booking and payment please contact us. The name that will appear on electronic customer statements is
TAIERI GORGE RAILWAY LIMITED. XXX

4. Liability of TGR and Indemnity

4.1 Liability of TGR

Passengers travel at their own risk and (to the extent permitted by law) TGR
is not responsible for any loss, damage, cost, expense or injury suffered by  Passengersor loss or damage to a Passenger's property. Without limiting the foregoing, the following conditions apply:

a. In respect of all Passengers, TGR is not liable for any loss, damage or delay caused by or arising from an event beyond the control of TGR, including any act of God, inevitable accident, riot, civil commotion, strike, lock-out, stoppage or restraint of labour, regardless of the cause and whether partial or general.

b. TGR may use any mode of transport to carry Passengers and may substitute the mode of transport used at any time, including during a journey.

c. TGR does not warrant that TGR Services is available at any particular time or at all. TGR is not liable to a Passenger or any other person:

  • (i) for any consequences arising from any variation or delay in the time of arrival or departure from any station or stop of any vehicle;
  • (ii) for any loss or damage as a result of a cancellation or any variation of the time of arrival or departure from any station or stop of any vehicle;
  • (iii) for damage to any property of a Passenger; or
  • (iv) for 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.


d.If there is contributory negligence on the part of a Passenger or other person, TGR’s liability is subject to the law relating to contributory negligence.

e. TGR may vary or cancel wholly or in part the scheduled services shown in TGR timetable or may vary the point at which TGR Services will pick up and set down Passengers.

f. TGR does not guarantee the time of arrival or departure of its Services.

g. TGR does not guarantee the availability of any seat or any specific area within a carriage to any Passenger. TGR does not guarantee which carriages
is on any service.

h. Tickets are subject to any alteration which TGR may make to the service to which that ticket relates during the currency of the ticket and the holder of the ticket is not entitled to any allowance or compensation due to any change in the time or location of the service or any reduction in the service.

i. TGR is not required to refund money or to make any other allowance to a
Passenger:

  • (i) who has lost or mislaid their Ticket, who has a damaged Ticket or who presents a stolen Ticket;
  • (ii) because of a subsequent reduction in the rate for that ticket type; or
  • (iii) who is unable to fully utilise their Ticket for any reason.

 

This is TGR’s official policy but come and talk to TGR’s friendly staff; they have discretion to refund on a case by case basis. Nothing in these
Rules is intended to limit or replace any rights Passengers have under the Consumer Guarantees Act 1993.

4.2 Indemnity

The Passenger indemnifies TGR at all times against any loss, damage or cost suffered or incurred by TGR as a direct or indirect result of a breach by the Passenger of its obligations under these Rules.

5. Accompanied Items and Lost Property

5.1 Accompanied Items

The following conditions apply to Accompanied Items:
a. All Accompanied Items are carried under the conditions set out in section 12 of the Carriage of Goods Act 1979.

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

c.Guide Dogs may be carried free of charge at all times on all TGR Services.

d. No pets or other animals (other than Guide Dogs) may be carried on TGR Services.

e. Passengers may take hand luggage and small articles on TGR Services without charge. Any article which is offensive or which may in the opinion of TGR cause danger, discomfort or inconvenience to other Passengers is not permitted.

f. TGR will not carry, and Passengers agree not to bring on to any TGR 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.

5.2 Lost Property

TGR is not responsible for lost property. Contact TGR on 03-477 4449 for further information on lost property. TGR may declare items unclaimed and either sell or donate items to charity. If the items are sold the proceeds is
regarded as revenue for TGR.

5.3 Unattended Items

Luggage and other items must be attended by Passengers at all times. Unattended property may be a security risk and may be removed by TGR without notice.
 

6. Reporting

All passengers must arrive at TGR’s check in office within a reasonable time  before the timetabled time for departure of the train.

Departure of the train will not be delayed because of the later arrival of  Passengers.

7. Information

Information TGR is entitled, and the Passenger consents, to the use of any of the Passenger's personal information obtained in relation to a Passenger's use of any TGR Service, whether collected directly by TGR from the person concerned or not, for any purpose associated with the operation or marketing of TGR and to disclose any such information to any of its subsidiaries,  associated companies, or any other person engaged in business operations with TGR from time to time.

Personal information collected and stored by TGR is collected and stored in accordance with the Privacy Act 1993, Trains and stations may be monitored by CCTV cameras. CCTV images are  recorded for crime prevention and detection, for use in legal proceedings, and  to assist with public safety, and may be passed to the NZ Police or other authorities.

8. Passengers

All Passengers must comply with any notice or instruction given by TGR or any of its employees or volunteers concerning Passenger conduct or the operation of any TGR Service or entry into a Controlled Area.

Passengers may ride only in areas of the train designated by TGR. Each Passenger will at all times while in a Controlled Area or on a TGR Service be in possession of a Ticket;
a. act in a safe and responsible manner;

b. co-operate with, and observe all instructions from, TGR's staff;
c. follow all signs and obey all notices;
d. not smoke;
e. not consume alcohol other than is sold on the train;
f. interfere with or use emergency equipment or emergency exits except in an emergency;
g. behave in an unsafe, noisy, violent or antisocial manner;
h. litter or tamper with, or damage, any property of TGR.

9. Refusal to Carry

TGR may refuse to carry a Passenger or any property, refuse entry to a  Controlled Area, cancel a Ticket, refuse carriage under a Ticket or require a Passenger to disembark at a station or leave a Controlled Area when, in the  exercise of its reasonable discretion, TGR decides that:
a. the action is necessary for reasons of safety;
b. the action is necessary to prevent violation of any law;
c. the conduct, age, mental or physical state, nature or condition (including intoxication) of a Passenger or property, as applicable, may:

  • (a) require the special assistance of TGR;
  • (b) cause inconvenience, discomfort or objection to another Passenger; or
  • (c) involve any hazard or risk to that Passenger or property or to any other person or property;

d. the person is accompanied by an animal (other than a Guide Dog or similar registered dog);
e. the action is necessary owing to the failure by a person to observe the  instructions of TGR;

f. the safety of TGR or a person authorised by TGR or Passengers is or may be threatened;
g. the person appears to be under the influence of alcohol or drugs, is in (or is carrying any item that is in) a filthy condition, is smoking, is littering, or is consuming food or drink;
h. the person is abusive towards TGR’s employees or contractors or other
Passengers including by swearing or using racist or other discriminatory language or threats;
i. the person is noisy or violent or is disturbing the peace;
j. the person is carrying a weapon or any noxious or illegal substance;
k. the person is in breach of these Rules.

If a Passenger refuses to disembark a TGR Service or leave a Controlled Area
when required to do so by TGR, TGR or their representative may physically remove the Passenger.

10. New Zealand Law

These Rules are governed by New Zealand law in every particular including formation and interpretation. Every contract incorporating these Rules is deemed made in New Zealand. Any proceedings relating in any way to these
Rules or to any TGR Service must be brought in a court of competent jurisdiction in New Zealand.

The TGR is a New Zealand owned and registered company. All transactions are completed in New Zealand dollars.

11. General

Taieri Gorge Railway Rules and Regulations

Except as expressly provided in these Rules all Tickets are issued and all TGR Services are performed, subject to:

  • (a) the extent applicable in each case, the Carriage of Goods Act 1979, Railways Act 2005 and the Human Rights Act 1993;
  • (b) all other laws, conditions and any licence applicable to carriage under a Ticket;
  • (c) these Rules; and
  • (d) all other conditions, regulations and information appearing on a Ticket.

 

These Rules are intended to be for the benefit of, and enforceable by, TGR for the purposes of the Contracts (Privity) Act 1982.

12. Overriding law

If any provision or provisions contained or referred to in these Rules is in  conflict with any other law and that other law cannot be waived or avoided by  these Rules, that provision only remains or those provisions only remain applicable as part of these Rules to the extent that that provision is or those provisions are not in conflict with the law.

The invalidity of any provision or  provisions does not have the effect of invalidating any other provision of these Rules.

13. Conflict with Ticket Conditions

If there is any these Rules and the conditions or information printed on a Ticket these Rules prevail.

14. No Waiver

Nothing in these Rules represents a waiver or surrender by TGR of any statutory or other legal right, immunity, exception, limitation or protection.

15. Amendments to these Rules

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

16. Interpretation

In these Rules, unless the context otherwise requires:

  • (a) headings are for convenience only and do not affect the interpretation of these Rules;
  • (b) words importing the singular include the plural and vice versa;
  • (c) words importing a gender include any gender;
  • (d) an expression importing a natural person includes any company, partnership, trust, joint venture, association,corporation or other body corporate and any governmental agency;
  • (e) a reference to a section or schedule is to a section or schedule of these Rules. Each schedule forms part of these Rules;
  • (f) a reference to any statute, regulation, proclamation, order in council, ordinance, by-law or rule, includes all statutes, regulations, proclamations, orders in council, ordinances, bylaws or rules varying, consolidating, re-enacting, extending or replacing them and a reference to a statute includes all regulations, proclamations, orders in council, ordinances, by-laws or rules issued under that statute;
  • (g) a reference to a document or a provision of a document includes an amendment or supplement to, or replacement or novation of, that document or that provision of that document;
  • (h) a reference to a person includes that person’s executors, administrators, successors, substitutes (including persons taking by novation) and permitted assignees;
  • (i) the term includes or including (or any similar expression) is deemed to be followed by the words "without limitation";
  • (j) a reference to an TGR includes TGR’s officers, employees, contractors, agents or other representatives;