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Pihopa Retreat Terms and Conditions

 

Pihopa Retreat Limited (referred to herein as Pihopa Retreat, we, us, or our) operates the website https://www.pihoparetreat.nz (Website). The following terms and conditions (Terms) apply to your access and use of the Website and the supply of all goods and services, particularly (without limitation) the reservation and supply of accommodation and supplementary goods and services, to you by Pihopa Retreat (collectively referred to as Services).These Terms apply to the reservation and supply of all Services irrespective of whichever method or platform you use to book any Services (for example, whether you make a reservation via the Website, a third party platform, email, telephone, or in person or otherwise).

By accessing, browsing and using the Website and/or submitting or making a reservation of Services, you irrevocably agree to be bound by these Terms and you will be deemed to have accepted these Terms on behalf of all persons who will be staying at our premises under any reservation you make. If you do not agree with any of these Terms, you are prohibited from using or accessing the Website and from making a reservation.

 

  1. Booking Terms

1.1 Rates

Accommodation rates are quoted in New Zealand Dollars (NZD) and are inclusive of 15% GST.  Rates as quoted are per suite per night for up to two people (or as otherwise stated on the Website for the number of people you are permitted to select) and include continental breakfast unless otherwise stated.

Pihopa Retreat welcomes children of all ages. Children aged twelve years and under stay free of charge when staying with their parents in the same suite (subject to the maximum number of guests permitted in the suite as determined by us, in our sole and absolute discretion, from time to time).

We may, at our discretion, also offer supplementary services such as providing food platters, which you may reserve along with your reservation of accommodation.   Costs of supplementary services are not included in the accommodation rate and additional costs will apply.

All Services are charged in NZD. If you pay for the Services in a currency other than NZD, you will be responsible for paying the currency exchange costs. If a conversion of the confirmed total NZD cost of the reservation into another currency appears on the Website, it is given for informational purposes only and is not contractual, especially given the possible change of exchange rates between the reservation date and the date when any payment is made for the Services.

 

1.2. Guarantee Policy

Guarantee with a valid credit card (your card) is required at the time of making a reservation. Unless otherwise agreed between you and Pihopa Retreat, the total reservation amount as at the time of booking (total reservation amount) will be charged to your card in accordance with these Terms.  Your card will further be held as security and utilised for any applicable cancellation or non-arrival fees, additional Services, and for any loss or damage to the suite during your stay.

1.3. Payment Policy

To confirm your reservation we require, at the time of making a reservation:

  1. a valid credit card for guarantee purposes; and
  2. Payment of a deposit being an amount in NZD equivalent to 25% of your total reservation amount (deposit). You agree that your card will be used to pay the deposit.

The remaining balance of the total reservation amount is due two (2) days prior to your scheduled check in date and you agree that we are permitted to charge the remaining balance to your card on or after the date the remaining balance is due.

 

Any additional Services you purchase after your arrival, will be charged by Pihopa Retreat and must be paid by you either at the time of purchase or when you depart, as determined by Pihopa Retreat. You agree that any Services not paid for or not billed at the time of your departure, may be charged to your card by Pihopa Retreat.

 

Pihopa Retreat may, at its option, cancel any reservation which cannot be charged to your credit card, any payment is declined, fraudulent or is not paid in full for whatever reason, prior to arrival.

 

Arrival and departure details must be supplied no later than seven days prior to arrival (or supplied at time of booking inside seven days of travel).

 

We accept Visa, Mastercard or American Express.

1.4 Cancellation Policy

If cancel your reservation before 3pm, seven days prior to your scheduled check in date, there is no cancellation fee and the deposit paid will be refunded in full.

If you cancel your reservation on or after 3pm, seven days prior to your scheduled check in date but before 3pm, two days prior to your scheduled check in date, you will forfeit the deposit.

If you cancel your reservation on or after 3pm, two days prior to your scheduled check in date, or if you fail to check in on your scheduled check in date (no show):

  1. you will forfeit 100% of the total reservation amount; and
  2. if at the time of cancellation or no show, the total reservation amount has not been paid in full (for whatever reason), you will be charged an amount equivalent to the remaining unpaid balance of the total reservation amount and you agree that Pihopa Retreat may charge the remaining unpaid balance to your card.

No refund can be given in the event of a no show, any unused services or unused nights due to flight and/or weather disruption. We recommend you protect your plans with travel insurance.

1.5 Amendments

Amendments to your reservation may be permitted at our sole discretion but will be subject to availability and you may be required to pay an additional accommodation rate depending on the rates for the new dates requested. If the new date has a lower accommodation rate than the accommodation rate originally paid, no price reduction will be made and no part refund is available.

1.6 Booking restrictions

Reservations can only be made by persons who are at least 18 years of age.  By making a reservation you represent and warrant that you are at least 18 years of age and have the legal capacity to create a legally binding obligation for any liability incurred.  If we are not satisfied as to your ability to truthfully give the immediately preceding warranty, we reserve the right to cancel your reservation.

If you are accessing or using the Website for or on behalf of an organisation, you warrant that you have the appropriate authority and power to do so on behalf of the organisation and are authorised to accept these Terms on behalf of the organisation.

1.7 Covid-19 Peace of Mind

Notwithstanding anything to the contrary in these Terms, travel with confidence knowing full flexibility is offered for change of plans due to Covid-19 related health matters or domestic travel restrictions including cancellation, date change or refund for all stays up until 31 March 2022.

1.8 Hotel Rules

Check-in time is from 3pm. Guests will be required to present valid photo identification when checking in to verify the reservation and for security purposes. If you are unable to provide such identification, your reservation may be cancelled and you may be liable to pay Pihopa Retreat an amount equal to the full reservation amount plus any other costs incurred by Pihopa Retreat in connection with your reservation.

Check-out time is 11am. Where possible, flexibility with early check-in and late check-out will be provided, however, these are unable to be guaranteed. You must return the key  for the suite at the time of your departure and you agree to pay a charge for a replacement of keys you lose or fail to return the same.

Whilst we will use reasonable efforts to ensure that the description of our facilities and services is accurate, these may be changed, upgraded or taken out of service from time to time. If any feature or facility is essential to you in choosing to make a reservation, it is your responsibility to confirm with us prior to making your reservation that the feature or facility will be available during your stay.  To the fullest extent permitted by law, Pihopa Retreat is not liable for omissions, errors or changes to the facilities and services, whether temporary or permanent.

Pihopa Retreat has a no-smoking policy in all suites and shared common areas. Should you or your guests smoke in a room a cleaning fee will apply. You will also be responsible for any costs, damage or liability arising as a result of smoking, or any smoke detectors being activated by you. You agree that Pihopa Retreat may charge your card for any cleaning costs incurred due to smoking in your suite.

You will be liable for any excessive cleaning costs above the normal level of cleaning due to the suite being left in an unacceptable state and you agree that Pihopa Retreat may charge your card for such costs.

No illegal drugs or associated paraphernalia are allowed to be brought onto Pihopa Retreat’s premises.

Animals may not be brought onto the premises with the exception of guide dogs.

Guests shall comply with all rules, regulations and instructions at Pihopa Retreat, including but not limited to security procedures, health and safety procedures, registration requirements and any other rules relating to any of its facilities, including without limitation, the swimming pool onsite.

Pihopa Retreat reserves the right in its sole and absolute discretion to limit the number of people in any suite at any time.

Pihopa Retreat shall be entitled to refuse a guest entry or accommodation or to require a guest to leave the premises if unreasonable behaviour is displayed, be it threatening or abusive, causing disturbance to other guests or otherwise unacceptable.

A safe is available in each room for the storage of valuables as a service to guests. However, any money or other valuables, goods or vehicles that belong to you, brought in or on to the suite, grounds, or carpark, (your property) remain your responsibility. To the fullest extent permitted by law, Pihopa Retreat is not responsible for the safekeeping of your property (including but without limitation, any items stored in the safe) and shall not be liable for any loss or damage to your property.

Guests shall be liable for the costs of remedying any loss or damage that they may cause to Pihopa Retreat’s property (fair wear and tear excepted). Pihopa Retreat reserves the right to recover all or part of such costs from your card.

1.9 Children

Any person under 18 years of age (minor) must not occupy a suite unless accompanied by their parent or caregiver or a responsible adult who has the consent of the minor’s parent or caregiver.

 

1.10 Third Party Providers

At your request, Pihopa Retreat may, on your behalf, engage appropriate third party transfer operators and other providers (Third Party Providers) to coordinate and provide certain services or goods. Pihopa Retreat does not act for or represent any Third Party Providers and does not accept any liability in relation to any Third Party Providers for the goods and/or services that they offer or provide, including (but without limitation) any liability for any acts or omissions of Third Party Providers or for any representations or misrepresentations made by them. Third Party Providers are solely responsible for and liable for providing their respective services. Guests are also subject to specific terms and conditions imposed by Third Party Providers.

1.11 Property Disclaimer

Pihopa Retreat is set in a natural environment containing fauna and flora that may be dangerous if at close contact. While every effort is made by the staff and management of Pihopa Retreat to ensure the safety of its guests, guests acknowledge as a condition of making their reservation that, to the fullest extent permitted by law,  neither Pihopa Retreat nor any of its staff shall be liable for the death or injury of any of its guests or for any direct, indirect or consequential loss or damage whatsoever  suffered by any of its guests arising out of or in connection with use of the facilities and activities offered by Pihopa Retreat, in particular (but not limited to) those involving wildlife and swimming, and the guest, by making a reservation, releases Pihopa Retreat and its staff to the fullest extent permitted by law from all or any such liability.

1.12 Lost Property

Where items belonging to guests have been found by a member of Pihopa Retreat personnel, and where the owner can be clearly identified, guests will be contacted and any confirmed item returned to them by tracked mail at the guests expense. In the event the owner of any found item cannot be identified, it will be logged and held in security for a period of three months. If after this period the owner of the lost article has not contacted the property or has not otherwise been identified, the article will be disposed of without compensation payable to the guest. In the event the lost article may be of tangible benefit, the lost article may be given to a local charity organisation after the three-month period has lapsed.

1.13 Miscellaneous

All reservations are subject to availability. Pihopa Retreat shall be entitled to refuse any reservation on reasonable grounds.

Services obtained from Pihopa Retreat may not, in part or in whole, be re-sold, on-supplied or transferred for commercial, consumer or promotional purposes, bundled with other goods and services or used for promotional purposes (prohibited activities) without our prior written consent. If you carry out or attempt to carry out any prohibited activities without the required consent, then Pihopa Retreat may terminate your reservation and retain any money paid to it for such reservation.

We are entitled to inspect and enter the suite you are staying in at any time without notification if we believe that there is a condition that could endanger the property, its equipment or its occupants. We may enter the suite at times agreed with you to carry out a breakfast service or any necessary maintenance.

Pihopa Retreat reserves the right to cancel or modify a reservation where:

  1. it appears that a guest has engaged in fraudulent or inappropriate activity; or
  2. under circumstances where it appears that the reservation contains, or has resulted from, a mistake or error.
  3. Website Content

While we have endeavoured to ensure that the information we have provided on the Website is free from errors, it is provided “as is” and “as available” and without, to the fullest extent permitted by law, warranties of any kind either express or implied. We do not warrant the accuracy, currency or completeness of the information on the Website (including but not limited to information relating to pricing or availability of any Service) or that the Website is error free or suitable for your intended use. We shall not be responsible or liable for any error in, or omission from, the information we have provided on the Website except as required by law. We reserve the right to make changes to the information provided on the Website and Services offered at any time and without notice.

The Website may contain advertisements for third parties’ products and/or services. You acknowledge that the third party advertisers are solely responsible for the accuracy of all representations made in those advertisements. Pihopa Retreat is not the party offering those goods or services for sale and does not necessarily recommend or endorse those goods or services, or make any other representation whatsoever about them. If you choose to purchase a product or service advertised by a third party on the Website, you do so at your own risk.

  1. Website Access

We may at any time modify, discontinue or restrict access to the Website(s) (or any part of it), temporarily or permanently with or without notice to you. You agree that Pihopa Retreat will not be liable to you or to any third party for any modification to, discontinuance of, or restriction of access to, the Website.

  1. Use of the Website

You agree to not use the Website for any purpose that is unlawful, misleading, malicious, defamatory, discriminatory or prohibited by these Terms. You may download the information on the Website for your own personal, non-commercial use but otherwise neither the Website, nor any material on it, may be monitored, scraped, copied, altered, modified, reproduced, transmitted, distributed or used for any public display without our prior written consent. Your use of the Website will not create, nor will you represent to have, any interests or rights in our intellectual property. You agree that you will not interfere with any other party’s use and enjoyment of the Website. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict, tamper or otherwise affect the proper operation of the Website, or our systems or those of other persons who use the Website, in any way, including without limitation, through the use of any malicious or unauthorised code, virus, worm, trojan horse, malware or program. You agree not to use any harvesting bot, robot, spider, scraper or other unauthorised automated means to access the Website or content featured on it for any purpose. We reserve the right to suspend or terminate your use of the Website where we consider that you may have breached these Terms or the law.

  1. Links

Any links on the Website to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Pihopa Retreat. We do not monitor the content of any other websites and are not liable or responsible in relation to any content on such websites or the services or goods offered therein. The use of any linked website is at your own risk and subject to the terms and conditions of that website.

You agree that you will not create a hyperlink to the Website without our express written permission. If you do create a hyperlink to the Website, you are responsible for all losses that Pihopa Retreat may suffer as a result of that link, whether direct or indirect. Linking to the Website is at your own risk. You may not frame any part of the Website content by including advertising or other revenue generating material.

  1. Security of Information

We will use our reasonable endeavours to prevent any unauthorised entry into the Website. However, Pihopa Retreat will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into the Website.

  1. Intellectual Property Rights

We grant you a non-exclusive, non-transferable, revocable right to access and use the Website solely for your personal use and on a device that you own and/or control, all on the terms and conditions set out in these Terms. All right, title and interest in all intellectual property rights in all trademarks, copyrighted materials, concepts, systems, written, graphic and other material relating to the Website and its contents is owned by, and shall at all times remain the exclusive property of, Pihopa Retreat, (or its licensors and the providers of any other products and services accessible on the Website, as the case may be), and is protected by New Zealand and international law. Such intellectual property rights will be owned by Pihopa Retreat even if you provide certain ideas or concepts to us for the Website or our Services, which we have then developed or adopted. In such a case you agree to assign any of your intellectual property rights in those elements to us. Nothing in these Terms shall constitute a licence of intellectual property rights to you.

By submitting any reviews or comments (Feedback) to us, you agree that such Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback. Pihopa Retreat shall own all rights related to the Feedback without restriction and shall be entitled to use the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.

 

 

  1. Warranties

To the fullest extent permitted by law, all warranties, representations and guarantees (whether express or implied, by common law, statute, trade custom or otherwise) in connection with:

  1. the operation of the Website or the content thereon; or
  2. any Services whether obtained through the Website or otherwise,

including without limitation warranties, representations or guarantees in relation to the suitability, quality, merchantability, fitness for purpose, non-infringement of intellectual property or otherwise in connection with the Website or the Services, are expressly excluded. We make no warranty, representation or guarantee that the Website or the content thereon will be available, adequate, accurate, reliable, uninterrupted, complete or error free.  We do not warrant that the Website or the server that makes it available are completely secure or free of malicious or unauthorised code or other harmful components.  We are neither responsible nor liable for any malicious or unauthorised code, or other harmful components and you are solely responsible for ensuring that you have appropriate scanning and protective mechanisms for the security of your devices, programs and information.

  1. Limitation of Liability

To the fullest extent permitted by law, Pihopa Retreat and its directors, employees, agents, suppliers and licensors will not be liable for any loss or damage, claim, demand, cost or expense or liability of any kind whatsoever (including without limitation, any liability for any direct, indirect, incidental, special or consequential losses or damages, economic loss, loss of clientele, loss of business revenues, loss of profits or loss of data) whether suffered or incurred by you or another person (and whether actionable in contract, tort (including negligence), equity, statute or otherwise) arising directly or indirectly out of or in connection with:

  1. any goods and services supplied by Pihopa Retreat;
  2. the access to, use of, or inability to use the Website; or
  3. the content on or accessed through the Website.

You agree to indemnify Pihopa Retreat and its directors, employees, agents, suppliers and licensors against any and all losses, damages, liabilities, claims, costs and expenses (including consequential and economic losses, property loss or damage, enforcement costs and reasonable legal costs (incurred on a solicitor and own client basis)) suffered or incurred by Pihopa Retreat and its directors, employees, agents, suppliers and licensors:

  1. arising out of or in connection with:
    1. any inaccurate or incomplete information provided by you to Pihopa Retreat; or
    2. any breach by you of any of your obligations under these Terms; or
  2. resulting from your:
    1. reservation or your stay at Pihopa Retreat’s premises; or
    2. use of the Website.

 

If you use the Website or use or acquire Services from Pihopa Retreat for business purposes (as the term “business” is defined in the New Zealand Consumer Guarantees Act 1993 (CGA)), you and Pihopa Retreat acknowledge and agree that the provisions of the CGA do not apply to the Website and the provision of those Services by Pihopa Retreat and that it is fair and reasonable that the CGA does not apply.

Nothing in these Terms is intended to have the effect of contracting out of the Provisions of the CGA except to the extent permitted by the CGA.

If you use the Website or use or acquire Services from Pihopa Retreat for non-business purposes and the CGA applies, then these Terms shall be read as modified to the extent necessary to give effect to the provisions of the CGA.

  1. Privacy

Accessing and using the Website and/or making a reservation of Services involves you providing certain information to us. Any personal information you provide to us will be collected, held and used in accordance with our Privacy Policy which is available on the Website.  Our Privacy Policy forms part of these Terms and is binding on you.

  1. Consent to receiving messages and marketing

When you make a reservation whether through the Website or otherwise, your name and contact details will be added to our customer database, and you consent to receiving messages from us from time to time. All electronic communications from us (except for communications confirming your reservation or otherwise about your reservation) will contain an unsubscribe function if you no longer wish to receive messages from us.

  1. Cookies

Pihopa Retreat’s use of cookies is covered in our Privacy Policy.

  1. Compliance with law

You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in relation to any of the Services or your use of the Website and the content contained therein.

  1. Variation

Pihopa Retreat reserves the right in its sole and absolute discretion, to change, modify, add or remove sections of these Terms from time to time and any variation shall take effect on and from the earlier of either:

  1. the date the varied terms appear on the Website; or
  2. the date on which the Terms were otherwise notified to you,

except that any reservation you may make, will be subject to the Terms which applied at the time that reservation was made.

 

You are advised to read all the Terms carefully prior to and on each occasion that you wish to access and browse the Website and/or make a reservation of Services. By continuing to use the Website after any such variation, you are deemed to have agreed to the amended terms.

  1. Severability

If any provision of these Terms is held by a court to be illegal, invalid or unenforceable, that provision shall be read down to the extent necessary and reasonable in the circumstances to give it a valid operation. If any provision cannot be so read down, that provision will be void and severable and the remaining provisions will not in any way be affected or impaired.

  1. No Waiver

Failure on the part of Pihopa Retreat to enforce any of these Terms shall not be construed as a waiver or as a waiver of Pihopa Retreat’s right to enforce these Terms at a later date.

  1. Force Majeure

Pihopa Retreat shall not be liable for failure or delay in delivering obligations under the reservation contract if the cause of the failure or delay is due to force majeure. Force majeure means any act, event, or circumstance beyond the reasonable control of Pihopa Retreat which include, but are not limited to: war or threat of war, civil or political action or disturbance, riot, natural disaster, fire, tornadoes, earthquakes, floods, storms, severe weather conditions, outbreak of disease, virus, pandemic, epidemic, world and/or regional health threats,  travel or health advisories, terrorist activity (threatened or actual), military activity, governmental or regulatory action or inaction, restrictions imposed by any governmental authorities as a result of any pandemic or epidemic, orders or recommendations issued by any relevant government authorities or international bodies or agencies, labour or industrial dispute, failure of power or machinery, failure of or interruption in externally provided services and utilities, or damage or destruction to Pihopa Retreat’s premises.

In the event of force majeure, Pihopa Retreat has the right to immediately terminate your reservation.

  1. Governing Law and Jurisdiction

These Terms shall be construed in accordance with and governed by the laws of New Zealand. You irrevocably submit to and accept the exclusive jurisdiction of the courts of New Zealand.

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