These terms and conditions govern your use of Kowhai Lodge Limited’s (we or our or us) website at kowhailodge.co.nz (Website) and the services we provide through this Website. By using or accessing the Website or any services, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you must not use the Website.
1.1 Minimum stay of one night except on Public Holidays and Peak Periods.
1.2 Not suitable for pets.
1.3 Number of guests must not exceed the number of beds.
2.1 The property will be available from 2pm on the day of your arrival and must be vacated by 10am on the day of your departure unless prior arrangements have been made with the owners of Kowhai Lodge. We are flexible, so let us know your requirements.
PLEASE NOTIFY KOWHAI LODGE WITHIN 24 HOURS
3.1 If you have made a booking in error, please notify Kowhai Lodge within 24hours for a full refund. Failure to do so will incur a 5% charge of the total value of booking. International customers refund will be calculated based on exchange rate at the time the refund is given.
4.1 Any cancellations or amendments to your bookings must be made by email to firstname.lastname@example.org
4.2 A guest can cancel without charge up until 14 days before arrival. If the cancellation is made within the 14 day period, then the guest will lose their deposit and also incur a 10% penalty fee.
4.3 During peak booking period (December 1st-January 31st), a guest who cancels within the 14 day period will be charged the full cost of their stay.
5.1. You agree to use this Website and related services for the purposes described on this Website.
5.2. You must comply with all relevant laws in relation to your use of the Website.
5.4. You must not use the Website for spamming, which includes, but is not limited to, the bulk sending of unsolicited messages or the excessive and repeated posting off-topic messages or cross-posting in discussions
6.1 You must not:
- (a) copy or otherwise use for your benefit any ideas or innovations discussed by third parties on this Website;
- (b) attempt to modify the Website or create links from the Website to any other URL;
- (c) interfere with the operation or security of the Website or any associated networks or systems, including transmitting any destructive material such as viruses, through the Website or using the Website in any way in connection with spyware, adware or any similar malicious codes;
- (d) attempt to defeat or circumvent any hardware or otherwise use the Website that in any way compromises our servers, hardware, software or related services; or
- (e) use a robot, spider, scraper or other automated means to access this Website for any purpose or use software which assists in or promotes: emulators, phishing, hacking, password cracking or IP spoofing.
6.2 You agree that we may monitor your use of this Website and, where we consider that your use has breached any third party right or contravened any law, we may report your activities to the applicable third party or authority relevant in the circumstances.
6.3 Please note that as the person making the booking you are held responsible for any and all people staying with you at the holiday house including any 3rd party invitees. You will be held legally responsible for any losses, breakages and any damage to the holiday house, its facilities, or amenities that occur during your holiday. Please report any damage or breakage immediately. We leave many personal possessions, games, books and magazines for your enjoyment. These are to be cared for and may not be taken with you on departure.
64 There is to be no smoking indoors and all cigarette butts are to be removed from the property.
6.5 When vacating the lodge you are required to leave it in a tidy condition ready for the cleaner and your rubbish correctly disposed of. The lodge is fully serviced with all linen and towels supplied.
6.6 All the facilities, including the lodge garden, barbeque, kitchen appliances, kayak, kids toys etc are all made available to you for use at your own risk. Please be careful and supervise children at all times. We will not accept liability for any injury, damage or loss of personal possessions, whether through negligence or otherwise to the maximum permissible by law.
7.1. We may, at our discretion, at any time:
- (a) terminate, modify or restrict access to the Website or Platform for any reason;
- (b) change the terms and conditions in this agreement;
- (c) change the method by which transactions are conducted under or through this Website;
- (d) remove any content from the Website at our discretion;
- (e) Without prejudice to any other rights, terminate its contract with the customer immediately if the customer fails to pay any applicable fees or to comply with any of these terms and conditions, or if Kowhai Lodge ceases to supply any Services.
8.1. Subject to this clause 8, we will provide you support or assistance in relation to your use of the Website solely through the information provided on this Website.
8.2. You acknowledge that:
- (a) despite our best efforts to maintain the Website, there will be periods where your use may be interrupted; and
- (b) content on this Website may include technical inaccuracies or typographical errors. We would appreciate you bringing any such errors to our attention for resolving, where possible.
9.1. You acknowledge that all intellectual property rights (including all copyright, trade mark rights and other intellectual property rights any text, graphic, logo, icon, image, audio clip, data, software and other material) in or related to:
- (a) the Website (Website IP); or
- (b) any Goods (Goods IP),
are owned by us or our licensors.
9.2. You must not use copy, adapt, store, distribute, display perform, publish or create derivative works of any:
- (a) Website IP, other than to the extent required to use this Website in accordance with these terms and conditions; or
- (b) Goods IP relating to any Good other than to the extent authorised in relation to that Good.
10.1. We give no warranty and make no representation, express or implied about any information or links posted by any other user, including that that information, or the information in any linked website, is accurate, correct, truthful, useful, does not infringe any third party rights (including any intellectual property rights) or otherwise will meet your requirements.
10.2. In no event will we have any liability to you (whether in contract or tort (including negligence)) in relation to your use of the Website other than to the extent required by law in relation to, or purchase of, any Good, in which case our liability to you will not exceed the purchase price of that Good.
10.3. Without limiting clause 10.2, in no event will we be liable (whether in contract, tort including negligence, or otherwise) to you for any loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature (including any loss of profit, loss of opportunity or loss or corruption of any data or information), arising directly or indirectly out of this agreement or your use of this Website.
10.4. Clauses 11.2 and 11.3 will not limit or exclude any form of liability where such liability cannot be so limited or excluded at law.
11.1. You may not assign, sub-license or transfer this agreement, or any rights and obligations under it, to any other person.
11.2 If any provision in this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from such provisions, which will be deemed deleted.
11.3. No failure or delay by us to exercise any right or remedy under this agreement will be construed or operate as a waiver of such right or remedy. No single or partial exercise by us of any right or remedy will preclude the further exercise of such right or remedy.
11.4. New Zealand law governs the formation, validity, construction and performance of this agreement. This agreement is subject to the non-exclusive jurisdiction of the New Zealand courts, to which you and we submit.
11.5. Kowhai Lodge Ltd is a New Zealand owned business.