Exclusive Driver Services Limited
Risk Disclosure, Participant Responsibilities & Limitation of Liability
1.0 Our Commitment to Safety
Exclusive Driver Services Limited, (“Exclusive Driver”) is committed to delivering safe, high-quality day trips, multi-day tours and private transfers throughout New Zealand’s South Island.
Your safety and wellbeing are our highest priority, and we take all reasonably practicable steps to manage risks in accordance with the Health and Safety at Work Act 2015.
However, travel and outdoor activities involve inherent risks that cannot be completely eliminated. By booking a service with Exclusive Driver, you acknowledge and accept these inherent risks as outlined below.
2.0 Nature of Our Activities
Exclusive Driver Limited offers:
Small group and private sight-seeing tours
Tourist excursions and activities provided through Third Party Providers
Destination transfers
These activities take place in urban, rural, coastal and alpine environments across the South Island.
3.0 Inherent Risks
In accordance with New Zealand law, participants must understand that:
Travel and outdoor activities carry inherent risks of injury, illness, property damage, or, in rare cases, serious harm or death.
These risks exist despite Exclusive Driver taking all reasonably practicable measures to manage safety.
Environmental conditions, terrain, traffic, water environments, and remoteness may affect safety, comfort, and access to emergency services.
Specific Risks May Include (but are not limited to)
3.1 Sight Seeing Transport & Transfer Risks
Vehicle travel on urban, rural, coastal, and alpine roads
Traffic incidents, sudden stops, road conditions, third-party driver error, or vehicle breakdowns
Slips, trips, or falls while entering or exiting vehicles or during roadside stops
3.2 Natural & Environmental Hazards
Rapidly changing weather conditions including rain, snow, ice, high winds, heat, cold, and strong UV exposure
Road delays or closures due to flooding, landslides, snow, earthquakes, or storm damage
Seismic activity, as the South Island is located in an active seismic zone
3. 3 Activity-Specific Risks
Walking on uneven terrain, including slips, trips, and falls
Boat cruises involving marine conditions, vessel movement, and embarking and disembarking procedures
3.4 Health & Wellbeing
Some activities may require a reasonable level of fitness, balance, and mobility
Medical assistance may be delayed in remote or alpine locations
Pre-existing medical conditions, injuries, or limited mobility may increase personal risk if not disclosed
4.0 Safety Management
Exclusive Driver operates under a comprehensive Health and Safety Management Plan (HSMP) in accordance with the Health and Safety at Work Act 2015, including:
A Health and Safety Manual to guide requirements
A live risk register and assessment for each business activity
Annual audits internal audits of processes
Vehicles management and maintenance plan to meet commercial transport standards
Trained and competent drivers/guides who have undergone NZ Police checks
Access to First aid equipment and emergency communication plan
Ongoing hazard identification, risk minimisation and elimination processes where possible
5.0 Your Responsibilities as a Participant
By booking with Exclusive Driver Limited, you agree to:
Inform us of any health, fitness, and mobility considerations if this may impact your ability to participate in planned activities
Take reasonable care for your own safety and that of others
Follow all safety instructions and briefings provided by your driver/guide, or third-party activity operator
Understand what you need to do should your driver/guide become incapacitated
Wear suitable clothing and footwear appropriate for the activity, weather, and environment
Inform staff immediately if you feel unwell, unsafe, fatigued, or unable to continue the planned activities or journey.
6.0 Emergency Preparedness
Drivers and guides are first-aid trained and have processes in place to manage communication for areas with limited mobile phone coverage.
Vehicles carry first-aid and safety equipment
7.0 Acknowledgement of Risk
By booking a tour or transfer with Exclusive Driver, you acknowledge that:
You have been informed of the inherent risks associated with vehicle travel and planned excursion activities
Exclusive Driver has taken all reasonably practicable steps to manage these risks
You voluntarily accept the remaining inherent risks and participate at your own risk
We strongly recommend that all guests hold comprehensive travel insurance.
8.0 Limitation of Liability
To the fullest extent permitted by New Zealand law:
8.1 Limitation of Liability
Exclusive Driver will not be liable for any loss, damage, injury, delay, or expense arising from:
Acts or omissions of third parties (including other drivers, activity providers, accommodation providers, or service partners)
Weather conditions, natural events, or environmental hazards
Road conditions, traffic incidents, or delays beyond our control
Mechanical breakdowns or equipment failures that are not reasonably foreseeable
Any failure by you to follow safety instructions, disclose relevant health information, or act with reasonable care
8.2 Exclusion of Consequential Loss
Exclusive Driver Limited will not be liable for any indirect or consequential loss, including but not limited to loss of enjoyment, loss of opportunity, or economic loss, except where liability cannot be excluded under New Zealand law.
8.3 Maximum Liability
Where liability cannot be excluded under New Zealand law, Exclusive Driver Limited’s total liability to you for any claim arising out of or in connection with our services will be limited to the total amount paid by you for the relevant service, less third-party costs and charges.
8.4 Consumer Guarantees Act 1993
Where you are acquiring services for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply.
Where you are acquiring services as a consumer, nothing in these terms is intended to limit or exclude any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
8.5 Indemnity
You agree to indemnify and hold Exclusive Driver harmless from any claim, loss, or damage arising from your breach of these terms, negligent or reckless conduct, or failure to follow safety instructions, except to the extent caused by our negligence.
If you have any questions, please contact us.
Exclusive Driver is a Christchurch-based private chauffeur service offering luxury tours and transfers across the South Island.
Travel privately. Travel thoughtfully.
