Terms and Conditions
Wellbeing Connect Limited trading as Wellness New Zealand, its subsidiaries, affiliates, consultants, contractors and/or subcontractors and their respective suppliers, and any of their owners, officers, directors, managers, members, agents and/or employees (company, we, our or us) and you including any person or people accompanying you or included in your booking with us (customer, you or your) agree as follows:
1 GENERAL
1.1 You acknowledge and agree that these terms and conditions (terms) shall apply to all services offered by us from time to time including any retreat and/or experience, and that you shall be bound by these terms. For avoidance of doubt, our terms extend to include the terms of our subsidiaries, affiliates, consultants, contractors, subcontractors and suppliers from time to time when our services encompass the services and/or products of such subsidiaries, affiliates, consultants, contractors, subcontractors and suppliers.
1.2 Your use of any of the services offered by us constitutes your acceptance of, and agreement to be bound by, these terms, as amended, novated or varied from time to time.
1.3 We reserve the right to unilaterally amend, novate or vary all or some of these terms at any time by posting the amended terms on our website. If you continue to use our services after we amend, novate or vary all or some of these terms from time to time, you shall be deemed to have accepted the amended, novated or varied terms.
1.4 You expressly acknowledge that it is your responsibility to ensure you are familiar with the terms, as amended, novated or varied from time to time.
1.5 To stay with us and/or use our services, you must:
(a) Provide us with certain information. You confirm that the information you provide to us is correct, complete, accurate and up-to-date at the time you provide it and you agree to maintain and update the information as required to keep it correct, complete, accurate and up-to-date at all times.
(b) Be able to enter into a legally binding contract that is enforceable against you.
(c) Comply with our terms including the terms of any of subsidiary, affiliate, consultant, contractor, subcontractor or supplier, as amended, novated or varied from time to time, at all times.
1.6 We may use the information you provide to us to verify that it is correct, complete, accurate and up-to-date.
1.7 Unless specifically authorised by us in writing, we are unable to accommodate any person under the age of 18 years.
1.8 You give consent to us to collect, retain and use personal information about you for the purpose of:
(a) Assessing whether you are suitable and/or eligible to participate in all or some of the activities which form part of our services;
(b) Assessing your creditworthiness;
(c) Disclosing to a third party, details of your credit and any subsequent dealings it may have with the company for the purpose of recovering moneys payable by you and providing credit references;
(d) Obtaining a credit report from a credit reporting agency.
1.9 Each of the terms comprising our terms operates separately. If any authority or court decides that any of our terms are unlawful or unenforceable, the remaining terms will remain in full force and effect.
2 RATES
2.1 All rates are quoted in New Zealand dollars and include 15% New Zealand goods and services tax.
2.2 Rates are subject to change and will be confirmed by us when we confirm your reservation.
3 BOOKING TERMS
3.1 A 50% non-refundable deposit is required to secure your booking with us.
3.2 We accept payment via all major credit cards or direct deposit to our bank account.
3.3 For direct deposits, we will issue an invoice for the 50% non-refundable deposit which will be emailed to you at the email address you supply when you make your enquiry.
3.4 The balance of payment for your booking with us is payable at least 30 days before the first day of your booking date and will be charged to the credit card used for payment of the deposit or, if you paid the deposit by direct deposit, an invoice will be sent to you for the balance of payment for your booking.
3.5 You will not be considered to have made any payment to us until that payment has cleared and is received as cleared funds into our bank account.
4 CANCELLATION
4.1 Cancellations must be in writing.
4.2 Cancellations received less than 30 days’ before the first day of your booking are non-refundable. Any balance of payment for your booking with us will be charged to the credit card used for payment of the deposit or, if you paid the deposit by direct deposit, an invoice will be sent to you for the balance of payment for your booking.
4.3 If you fail to arrive on the first day of your booking, you will forfeit all of the funds you have paid to us for your booking.
4.4 If for any reason we are unable to accommodate you after your booking is confirmed, we will notify you as soon as we are able by emailing you at the email address you supply during the booking process and we may at our absolute discretion also contact you by other means.
4.5 The journeys require a minimum number of 4 guests to run. If we do not meet this minimum number, we will transfer your booking to an alternate date, based on your availability.
4.6 Your booking is transferable at our absolute discretion.
5 NO RESPONSIBILITY OR LIABILITY AND YOUR OWN INSURANCE
5.1 We accept no responsibility or liability to vary, transfer or refund your booking due to any event beyond our control including transport delays, closures and/or cancellations i.e. airport, ferry, or road closures due to bad weather, or other acts of god (including fire, flood, earthquake, storm, hurricane or other natural disaster), weather, pandemic, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or communication network or service, or any circumstance beyond our control. Other incidents that may cause a cancellation of a multi day walk can include but is not exclusive to, any damage to the track which may deem it dangerous or unsafe to continue or commence the walk, any weather event which may cause flooding, dangerous amounts of snow, or any weather activity whatsoever which may pose an unacceptable risk to the guests or staff of Wellness New Zealand.
5.2 You shall insure and keep insured any property you bring to the property and any such property is brought onto, or left, at the property at your own risk.
5.3 We highly recommend you obtain your own travel insurance in case of unforeseen circumstances and that such insurance extends to any accident, illness, injury or other event.
6 WAIVER OF RISK
6.1 By registering with us, you acknowledge and agree that you are voluntarily and with full knowledge participating in certain activities and experiences that are inherently dangerous due to their location or by their nature. You will be required to sign a consent and liability disclaimer.
7 RESTRICTIONS
7.1 You are required to comply with our rules and regulations. These can include signing out and signing in when you partake in activities off-site and agreeing to specific terms when using our equipment and/or undertaking certain activities and/or experiences.
7.2 Our sites are smoke and drug free environments. Smoking and/or the smoking or taking of illegal drugs is not permitted. This restriction extends to vaping or any other synthetic.
7.3 No animals are permitted on the property.
7.4 We request you do not bring your own alcohol onto the property.
7.5 We expect you to act in a manner that is respectful of others at all times.
7.6 Your attendance and/or access of any property associated with our services is at all times at our sole discretion.
7.7 We reserve the right to refuse entry and/or remove any person or people from the property and/or from any of our activities and/or experiences at our absolute discretion at any time for any reason whatsoever.
7.8 Any damage caused including damage to any property and/or any person and/or loss of income may at our absolute discretion be charged to you.
7.9 For the avoidance of doubt, the person who has made the booking with us shall be responsible for the behaviour of all persons under that booking, and for all damage and/or loss caused by persons under that booking.
8 INTELLECTUAL PROPERTY
8.1 You acknowledge and agree that all intellectual property rights in all or any part of our website and/or services including our retreats and experiences including material produced during a retreat and/or experience is and shall remain our property.
9 PRIVACY
9.1 We take your privacy seriously. We have internal policies that prohibit the distribution of your information to third party organisations without your consent.
9.2 For us to create positive experiences for you, we hold the information you provide to us and distribute it internally to appropriate personnel and to our subsidiaries, affiliates, consultants, contractors, subcontractors and suppliers before and during your retreat.
9.3 Please advise us specifically if you wish to have your personal profile removed after your stay with us.
9.4 Our website may use cookies to distinguish you from other users of our website. This assists us to provide you with a good experience when you browse our website and allows us to improve our website and/or services.
9.5 Photos and/or video may be taken by us and/or other participants. These images may be used by us in promotional material unless you specifically notify us in writing that we are not authorised to use any material in which your image is recognisably depicted.
10 CONSENT
10.1 You consent to receiving any medical treatment that may be considered necessary in the event of any illness, accident, injury or any type of medical event.
11 INDEMNITY
11.1 You fully indemnify, defend and hold harmless, us from and against any and all claims, prosecution, enforcement action, liability, damages, losses, penalties, costs and/or expenses (including legal fees on a solicitor/client basis) whatsoever (“liabilities”) arising out of or in connection with any medical treatment may be considered necessary in the event of any illness, accident, injury or any type of medical event.
11.2 You acknowledge and agree that in supplying our services we rely upon information supplied by you and/or your agents or employees. We shall not be liable for services undertaken by us based upon incorrect information or information that you omit and/or fail to disclose to us. You fully indemnify, defend and hold harmless, us from and against all liabilities that may arise from work undertaken by us based upon any such incorrect information or information that you omit and/or fail to disclose to us.
11.3 You fully indemnify, defend and hold harmless, us from and against any and all liabilities arising out of any breach of any of these terms or any other liabilities arising out of or in connection with our services.
11.4 You fully indemnify, defend and hold harmless, us from and against any and all liabilities that you may suffer or incur in connection with our services or any of our terms. Under no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages.
11.5 You expressly indemnify us in respect of any liabilities (howsoever described) arising from or touching upon in any manner howsoever. You agree to indemnify us and, in particular, not to name us as a party in any such dispute or proceeding of any nature howsoever.
12 LIMITATION OF LIABILITY
12.1 Where the supply of services is for business purposes, the provisions of the Customer Guarantees Act 1993 and its amendments shall not apply.
12.2 No warranty is given that our services are suitable for you or such services will meet your requirements and/or expectations.
12.3 All terms, conditions and warranties, whether express or implied, statute or otherwise other than those mandatory warranties in the Fair trading Act 1986 and Sale of Goods Act 1908 or other similar legislation are expressly excluded.
12.4 To the maximum extent permitted by law, any and all liability we may have to you (whether in contract, tort or otherwise) for any loss or any indirect, consequential or economic loss, injury or damage (howsoever caused) which you may directly or indirectly suffer in connection with our services is excluded.
12.5 To the extent that any liability we may have to you is incapable of exclusion, you acknowledge and agree that the maximum extent of our liability to you (or any party claiming by or through you), and that of our subsidiaries, affiliates, consultants, contractors, subcontractors, suppliers, owners, officers, directors, managers, members, agents and/or employees is limited, in aggregate, to a sum equal to the sum actually paid by you to us for of our services acquired by you in the thirty (30) days immediately preceding the event giving rise to our liability under this clause[AE1] .
13 NO GUARANTEE
13.1 Every effort has been taken to ensure that the content of our website and/or our materials is accurate, however, we cannot guarantee such content is correct. We will do our best to rectify any errors identified, however, we cannot accept any responsibility or liability for any liabilities incurred.
13.2 Our service details may change from time to time and it is possible that errors may occur.
13.3 We reserve the right to make modifications and change our services and/or offers without notice.
14 ASSIGNMENT
14.1 We may at any time, and without the need for any consent from you, assign or transfer all or any of our rights and obligations to you to any person or entity. Any such assignee shall be treated as the company for all purposes. You may not assign or transfer any of your rights or obligations to us to any other person without obtaining our prior written consent.
15 Electronic Communications
15.1 You agree that these terms constitute an instrument in writing signed by you for the purposes of all applicable laws and regulations.
15.2 You agree that to the fullest extent permitted by applicable law, these terms and any agreements, notices or other communications (“communications”), may be provided to you at our election (in our absolute discretion) electronically, or in paper format, by prepaid post, and you agree to receive all communications from us in electronic form if we so elect.
15.3 Electronic communications will be delivered to your email address.
15.4 You may print a copy of communications sent electronically and retain them for your records.
15.5 Any communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than three (3) business days after posting or dissemination, whether or not you have received or retrieved the communication.
16 Governing Law
16.1 These terms together with our policies and procedures (if any) are governed by and construed in accordance with New Zealand law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by New Zealand law. You agree to the exclusive jurisdiction of the courts and tribunals of New Zealand.
17 Dispute Resolution
17.1 If there is any dispute in any way connected with or arising out of or howsoever touching upon these terms, you agree that such dispute will be resolved in accordance with our then current dispute resolution procedure (the details of which we will notify to you in writing) for the time being in force.