THE GREEN SPOT LIMITED AGENCY AND SERVICE TERMS
DEFINITIONS
For purposes of this section, the terms below carry the following meanings:
“Arranging Services” refers to the services The Green Spot Limited provides to the Client, namely: sourcing, structuring, coordinating, and managing the procurement of Land Tour Components on the Client’s behalf, with The Green Spot Limited acting as the Client’s representative for those components.
“Client” refers to the overseas-based tour wholesaler, tour operator, or travel business that retains The Green Spot Limited to procure Land Tour Components.
“Land Tour Components” refers to the underlying accommodation, transport, activities, guiding, and other tourism-related products and services in New Zealand and/or Australia that The Green Spot Limited secures as the Client’s representative from Service Providers.
“Service Provider” refers to any third-party supplier of tourism products or services within NZ and/or Australia that The Green Spot Limited engages on the Client’s behalf.
“Arranging Fee” refers to The Green Spot Limited’s compensation for delivering the Arranging Services, which may consist of some or all of the margin between what the Client is charged for the Land Tour Components and what Service Providers charge The Green Spot Limited for those same components.
THE GREEN SPOT LIMITED’S ROLE AND AGENCY RELATIONSHIP
Capacity as agent. The Green Spot Limited operates as the Client’s representative when procuring Land Tour Components from Service Providers, and does not act as Principal in these transactions.
Nature of Arranging Services. The Arranging Services constitute a separate and independent supply from the Land Tour Components themselves. The Green Spot Limited does not supply the Land Tour Components directly — these are supplied to the Client by the applicable Service Providers.
Authorization and agreement. By accepting a Quotation, submitting a deposit, or otherwise moving forward with a booking, the Client authorizes The Green Spot Limited to place bookings with Service Providers on its behalf, and this action confirms both parties’ agreement to the agency arrangement.
CLIENT’S OBLIGATIONS AND RISK EXPOSURE
Responsibility for supplier costs. All financial and legal risk connected to the Land Tour Components rests with the Client, who remains fully liable for amounts owed to Service Providers. The Green Spot Limited pays these amounts on the Client’s behalf and is subsequently reimbursed.
Payment obligations. The Client is required to settle all invoiced sums in line with the Quotation or Booking Confirmation, regardless of whether the Client has received payment from its own customers.
Representations by the Client. The Client must ensure that its own clients or guests understand and agree to the relevant Service Provider terms. The Client may not misstate any The Green Spot Limited itinerary, pricing, or included features.
Indemnification. The Client agrees to indemnify The Green Spot Limited against any losses, expenses, claims, or liabilities that result from the Client’s breach of these terms, any misleading statements it makes, or claims from its clients stemming from the Client’s own actions or omissions.
ARRANGING FEE AND GST TREATMENT
The Green Spot Limited is compensated through the Arranging Fee, which is separate from Service Provider costs. When the Client is based overseas and outside New Zealand at the time the Arranging Services are carried out, the Arranging Fee is zero-rated for GST purposes. However, where The Green Spot Limited organizes a tour within New Zealand for a New Zealand-resident Client, or within Australia for an Australian-resident Client, GST (or the Australian equivalent) applies to the Arranging Fee at the applicable rate. Any GST charged by Service Providers on the Land Tour Components is the Client’s responsibility as Principal, and The Green Spot Limited does not claim input tax credits on these amounts when acting in its agency capacity. This agency structure is applied consistently for both GST and income tax purposes.