Terms & Conditions
Terms & Conditions
Terms and Conditions
1 October 2017
The information contained on this Website constitutes an invitation to treat and is not capable of acceptance by you. Any booking made or order placed by you shall be deemed to be an offer made by you to purchase the relevant travel-related products or services subject to this Agreement and any booking or carriage conditions of the relevant supplier. You acknowledge and agree that this Agreement constitutes a valid and enforceable contract that is formed in New Zealand only once payment has been processed electronically by us. We will process your payment at a location in New Zealand using secure methods.
Use of Website
The content and information on this Website (including, without limitation, price and availability information relating to travel products and services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Website, its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website without express written permission from the Luxury Lodges of New Zealand. In addition, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) use another person's name, ID or password without permission or use this Website while impersonating another person;
(iii) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;
(iv) make any speculative, false, or fraudulent booking or any booking in anticipation of demand;
(v) copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website including, without limitation, text, graphics, button, downloads and software without the express written permission of Luxury Lodges of NZ except where permitted by law;
(vi) access, monitor or copy any content or information on this Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission;
(vii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(viii) take any action that imposes, or may impose, in the discretion of Luxury Lodges of NZ, an unreasonable or disproportionately large load on our infrastructure;
(ix) post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time;
(x) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
(xi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, Luxury Lodges of NZ may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Luxury Lodges of NZ reserves the right to take any necessary legal action and you may be liable for monetary losses to Luxury Lodges of NZ, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Luxury Lodges of NZ.
Supplier Rules and Restrictions:
The information displayed on this Website concerning specific travel products and services is provided to us by the relevant members (Member Properties) of the Luxury Lodges of New Zealand. This includes, but it not limited to, information about prices, rules and availability and the description of member lodges and their amenities. The Luxury Lodges of NZ are not responsible for such information and we rely on the accuracy of the information supplied by the relevant member properties. If we become aware that the information provided is incorrect in any way, we reserve the right to correct any information (including, but not limited to, pricing information) and amend your booking (in consultation with you) to ensure that it reflects the correct price or otherwise complies with the correct information. Additional charges may be payable by you if you wish to proceed with the affected booking. Such charges will be advised to you at the time of consultation.
Additional terms and conditions imposed by member properties may also apply to your booking and purchase of travel-related products and services, and we will advise you of these additional terms and conditions where these are provided to us. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any member property with whom you elect to deal, including, but not limited to, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant property’s rules and restrictions regarding availability and use of products or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
Some member properties offer certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such rules and restrictions may result in cancellation of your booking(s), in your being denied access to the applicable travel services and/or activities, in your forfeiting any monies paid for such booking(s), and/or in our debiting your account for any costs we incur as a result of such violation.
The Luxury Lodges of NZ do not operate or control the travel-related products and services displayed on the Website.
Some of the listed accommodation providers may require you to present a credit card or cash deposit upon check-in to cover any additional expenses that may be incurred during your stay. You are responsible for the payment of any additional expenses and any deposit taken or amounts charged to your credit card by the relevant accommodation provider are unrelated to any payment made through the Website for your lodge booking. Note: In the event that you book a reservation for accommodations (with the exception of prepaid hotel accommodation as set out below), you acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation). Luxury Lodges of NZ is not liable for any costs incurred due to relocation.
Pay Online Now or Pay Later at Hotel:
With certain lodges, you may be presented with the option to pay online now ("Pay Online Now") or pay later at the lodge ("Pay Later at Hotel"). If you select the Pay Online Now option, your credit card will be charged by the Luxury Lodges of NZ via Payment Express immediately. If you select “Pay Later at Hotel”, the lodge will charge your credit card in the local currency at the time of your stay. Please note that for a Pay Later at Hotel booking, tax rates and foreign exchange rates could change in the time between booking and stay. Your credit card provider may also charge a foreign currency conversion fee.
Pay Later at Hotel (Postpaid Hotel Reservations):
Pay Later at Hotel is a postpaid hotel reservation. In the event that you book a postpaid hotel reservation, you acknowledge and agree that the total quoted price will be payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation). The accommodation provider may charge you additional costs for expenses incurred during your stay. If you wish to cancel or change your booking, you must notify us within the cancellation policy period applicable to the relevant hotel (which varies by hotel), or you will be charged the full cost of your stay. In the event you do not show up for the first night of the booking and plan to check-in for subsequent nights in your booking, you must confirm the booking changes with us no later than the date of the first night of the booking to prevent cancellation of your booking. You are responsible for any cancellation or change fees that you incur. Some hotels do not permit changes to or cancellations of bookings after they are made, as indicated in the rules and restrictions for the hotel booking.
Pay Online Now (Prepaid Hotel Reservations):
Pay Online Now is a prepaid hotel reservation. In the event that you book a prepaid hotel reservation, you acknowledge that the Luxury Lodges of NZ Companies pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations for Pay Online Now bookings.
For prepaid hotel reservations, Payment Express, will be the facilitator of your room reservation and also the merchant of record for your Pay Online Now booking. You authorize the Luxury Lodges of NZ Companies to facilitate reservations for the total reservation price, which includes the room rate displayed on the Website, plus any tax recovery charges. You agree that your credit card will be charged by Payment Express of behalf of the Luxury Lodges of New Zealand for the total reservation price. Upon submitting your reservation request you authorize the Luxury Lodges of NZ to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the Luxury Lodges of NZ Companies do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (NZ GST - Goods and Services Tax) that the Luxury Lodges of NZ Companies pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice the Luxury Lodges of NZ Companies for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the lodge reservation (which vary by lodge). If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, the full cost of your stay will be non-refundable. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with the relevant lodge no later than the date of the first night of the reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you incur. Some lodges do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the reservation.
You agree to make payment at the time of booking via a debit to your nominated credit or debit card. The amount charged will be the amount shown on our booking page prior to you clicking the Pay Online Now button on that page. Upon submitting your booking request, you authorize Payment Express on behalf of the Luxury Lodges of NZ to facilitate the relevant hotel booking, including making payment arrangements with the relevant hotel supplier.
You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact Luxury Lodges of New Zealand by phone or email. Your request will be researched and you will be contacted to complete your reservation. You may be asked to sign a written contract and/or pay a non-refundable deposit.
From time to time, special deals or vouchers may be displayed on this Website. Such special deals and vouchers are available for a limited time only. You must check with us as to whether a special displayed on this Website is still available.
Additional terms and conditions may apply to special deals or the use of vouchers. You must check this Website or the luxury lodge provider of the special deal to determine whether any particular terms and conditions apply.
Booking, Cancellation and Amendment Charges:
If you want to change any details of your itinerary booked through the Website (such as changing to a different hotel or changing your dates), we will do our best to help but cannot guarantee that changes will be permitted by the luxury lodge.
Requests for a refund of monies paid for any travel products or services booked through the Website or the Service Centre will be governed by the terms and conditions of the relevant supplier, and Luxury Lodges of NZ is not responsible for, and does not have any control over, such terms and conditions. In particular, you are advised that many lodges rates for specific dates are non-refundable and you must check the terms and conditions applicable to the relevant member property before proceeding with the booking.
We do not charge an amendment fee for changes made by you on any bookings The price of your new arrangements will be based on the prices that apply on the day you ask us to make the change. These prices may not be the same as when you made the reservation.
Payments and Fees:
Many bank and credit/debit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a booking made on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
Because in certain instances we receive the price from our suppliers in a foreign currency, the price displayed in search results may vary by a nominal amount from the price displayed at checkout due to the effect of foreign currency conversion. This amount will not exceed 10 New Zealand cents. The actual amount charged to your credit or debit card is the amount displayed at checkout.
If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Luxury Lodges of NZ Companies and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
Frequent Flyers/Traveller Program:
If you are a member of an airline's or hotel's frequent travel or other reward or benefit scheme, please ensure that you have entered your correct program number in the special section featured in the booking engine at the time of your booking. Neither Luxury Lodges of NZ, Inc. nor any of the other Luxury Lodges of NZ Companies accept any responsibility if the relevant airline/hotel does not accept or does not register your booking for their program and you cannot earn points/miles. You are advised to retain copies of your boarding pass and any other proof of travel/purchase.
Passports, Visas and Travel Documentation:
It is the responsibility of the traveller to ensure that he or she: (a) complies with all applicable government travel requirements including, without limitation, obtaining a passport and visas to enter the destinations to which you are traveling; and (b) checks in by the required check-in time. As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience.
Passports are required for all travellers entering New Zealand, and for international travel generally. Many countries require that foreign nationals entering hold a passport that is valid for a minimum period after you enter that country, typically 6 months.
It is the responsibility of the traveller to obtain information and advice on the visa requirements for New Zealand well in advance of travel. Requirements may change and you should check for up to date information before booking and departure.
Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so you are advised to apply in plenty of time. We accept no responsibility in any regard in relation thereto including, without limitation, for customers who do not possess the correct travel documents.
To the maximum extent permitted by law, the Luxury Lodges of NZ Companies and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent by the Luxury Lodges of NZ Companies and/or their respective suppliers are free of viruses or other harmful components.
The information, software, products, and services published on this Website may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, the Luxury Lodges of NZ Companies do not guarantee the accuracy of, and disclaim liability for any errors or other inaccuracies relating to, the information and description of the luxury lodge listings and other travel services displayed on this Website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers.
Hotel ratings displayed on this Website are intended only as general guidelines, and the Luxury Lodges of NZ Companies do not guarantee the accuracy of the ratings. To the maximum extent permitted by law, the Luxury Lodges of NZ Companies and their respective suppliers make no guarantees about the availability of specific products and services. The Luxury Lodges of NZ Companies and/or their respective suppliers may make improvements and/or changes in this Website at any time.
The luxury lodge member properties and other suppliers providing travel products or services through this Website are independent parties and not agents or employees of the Luxury Lodges of NZ Companies. The Luxury Lodges of NZ Companies, to the extent permitted by law, are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The Luxury Lodges of NZ Companies, to the extent permitted by law, have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
Important: Nothing in these Terms & Conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees/warranties that cannot be lawfully limited,excluded or modified as provided under the New Zealand Consumer Guarantees Act 1993
Limitation of Liability:
To the maximum extent permitted by law, in no event shall the Luxury Lodges of NZ Companies, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with any delay or inability to access, display or use this Website (including, but not limited to any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Luxury Lodges of NZ, the Luxury Lodges of NZ Members & Affliliates and/or their respective suppliers have been advised of the possibility of such damages.
In relation to any liability which cannot be exclude by law or despite the limitation above, if the Luxury Lodges of NZ or their respective suppliers are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, then to the maximum extent permitted by law the Luxury Lodges of NZ Companies’, the Luxury Lodges of NZ Affiliates’ and/or their respective suppliers’ liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Luxury Lodges of NZ in connection with such transaction(s) on this website.
If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to:
(a) in the case of accommodation services:
(i) the supply of the services again;
(ii) the payment of the cost of having the services supplied again
You agree to defend and indemnify the Luxury Lodges of NZ Companies, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your breach of any law or the rights of a third party; or
(c) your use of this Website.
Links to Third-Party Sites:
This Website may contain hyperlinks to websites operated by parties other than Luxury Lodges of NZ, Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Software Available on Website:
Any software that we make available to download from this Website ("Software"), is the copyrighted work of the Luxury Lodges of NZ Companies. Your use of the Software is governed by the terms of the end user licence agreement, if any, which accompanies or is included with the Software ("Licence Agreement"). You may not install, copy, or use any Software that is accompanied by or includes a Licence Agreement unless you first agree to the Licence Agreement terms.
Please note that all Software, including without limitation all HTML code, Active X controls and other script contained on this Website, is owned by the Luxury Lodges of NZ and/or the Affiliates and/or their respective suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the licence agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the licence agreement.
Copyright and Trademark Notices :
If you are aware of an infringement or fraudulent use of any of our trademarks, please let us know by e-mailing us at firstname.lastname@example.org.
Notice of Infringing Material:
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing is on the Website, such as a link to the infringing material.
3. Your address, email address and telephone number.
4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this website should be emailed to email@example.com for the fastest resolution.
This Website is operated by Luxury Lodges of NZ, and this Agreement is governed by the laws of New Zealand. You hereby consent to the exclusive jurisdiction of New Zealand courts in all disputes arising out of or relating to the use of this Website or any bookings made or information provided through our Service Centre representatives. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this paragraph
Luxury Lodges of NZ may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Luxury Lodges of NZ as a result of this agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits out right to comply with law enforcement requests or other requirements or legal requests relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Luxury Lodges of NZ with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
© 2017 Luxury Lodges of New Zealand All rights reserved.