General Terms and Conditions of CARDRONA TERRACES
These General Terms and Conditions apply to all contracts for the rental of CARDRONA TERRACES for accommodation, which are concluded between CARDRONA TERRACES LIMITED PARTNERSHIP, 84 Morris Rd, Wanaka 9382, New Zealand (herein referred to as CARDRONA TERRACES) and a Guest(s) (together “Parties”), as well as to all other services and deliveries provided by CARDRONA TERRACES (accommodation contract), unless the parties have reached an individual agreement.
The Guest(s) general terms and conditions are not recognized and shall only apply if this has been expressly agreed between the parties in advance.
1 Conclusion of contract
- The contractual partners are CARDRONA TERRACES and the Guest(s). The accommodation contract comes into effect upon acceptance of the Guest(s) application by Cardrona Terraces. CARDRONA TERRACES is free to confirm the respective booking in text form via email, letter or electronic communication.
- If a third party has booked for the Guest, the Guest shall be liable to CARDRONA TERRACES together with the Guest as joint and several debtors for all obligations arising from the accommodation contract, provided that CARDRONA TERRACES has a corresponding declaration from the third party. These terms and conditions also apply to the third party.
- a) Reservations
By making a reservation, the Guest offers to conclude an accommodation contract. If the property is available, the Guest receives a confirmation of reservation from CARDRONA TERRACES. By this acceptance of the reservation made by the Guest, an accommodation contract is concluded between CARDRONA TERRACES and the Guest.
Offers from CARDRONA TERRACES with regard to availability are subject to change and non-binding. CARDRONA TERRACES may, at its own discretion, refuse to conclude an accommodation contract.
CARDRONA TERRACES reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees, deposits or surcharges for certain dates.
All bookings have to be guaranteed by credit card or bank transfer to secure the reservation.
All rates listed are in NZ Dollars and inclusive of 15% GST. Rates are subject to change and will be confirmed at the time of reservation.
CARDRONA TERRACES reserves the right to adjust any rates accordingly should there be any change to the prevailing tax or service charge or at their discretion.
Bookings will be confirmed by email with booking a booking reference and confirmation of reservation.
b) Children and Families
Cribs are available complimentary for children up to the age of 24 months.
Children aged 2 – 5 years are charged at 250NZD per night when occupying a room requiring additional bedding / rollaway bed. One additional bed can be added to Grand Suites rooms only. A charge of 350NZD per night will apply for the additional person/bed for children 6 years and over. Alternate dining arrangements may be made for all children under the age of 12 after 6PM.
c) Bedding Configurations
All suites have one King or two Single beds. Extra bedding / rollaway beds are only available in Grand Suites.
3 Cancellation policies
- A guaranteed reservation exists when the Guest’s deposit payment has been received. A guaranteed reservation can be cancelled by the Guest in accordance with the stated cancellation terms and conditions and by quoting the reservation number. The customer’s right of cancellation expires if he does not exercise his right of cancellation to CARDRONA TERRACES by the agreed date.
- After expiry of the cancellation periods, cancellation shall be excluded and CARDRONA TERRACES shall retain the claim to the agreed remuneration – despite non-utilisation of the service. The same applies in the event of the Guest’s no-show or if the Guest leaves earlier than their confirmed reservation. In the case of confirmed reservations lasting several days, all subsequent nights including the second night are cancelled in the event of no-show and the Guest has no claim to the subsequent nights.
- Reservations are valid until 1pm on the day of arrival. After 1pm on the day of arrival the reservation expires automatically with the reservation considered a No Show. CARDRONA TERRACES is entitled to rent the property to another party.
- Unless otherwise agreed between CARDRONA TERRACES and the Guest in the accommodation contract the Guest may cancel up to 90 days before arrival will incur a 25% cancellation charge of the total reservation. If the customer cancels the accommodation contract from 60-89 days before arrival date, 50% cancellation fee will be charged. If the customer cancels the accommodation contract from 30-59 days before arrival date, CARDRONA TERRACES is entitled to charge 75% of all reserved services. If the Guest cancels at a later date, CARDRONA TERRACES is entitled to invoice 100% of the total reservation.
4 Accommodation and other prices
- The prices stated by CARDRONA TERRACES at the time of conclusion of the contract shall apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges (including Goods & Services Tax).
- CARDRONA TERRACES reserves the right to adjust prices accordingly in the event of changes in the rates of taxes, fees and charges and the effective levying of new taxes, fees and charges previously unknown to the parties. In the case of contracts with Guests, this shall only apply if the period between the conclusion of the contract (confirmation of booking) and the adjustment of the contract exceeds four months.
5 Terms of payment
- The price of the accommodation must always be guaranteed by a credit card or bank transfer with the balance to be settled to zero dollars owing upon departure.
- Valid means of payment are MasterCard, Visa, American Express or bank transfer into CARDRONA TERRACES nominated bank account.
CARDRONA TERRACES reserves the right to debit the deposited means of payment with the outstanding amounts for any fees subsequently incurred as a result of additional services used, breaches of the General Terms and Conditions or damages to CARDRONA TERRACES property.
- CARDRONA TERRACES invoices without a due date shall be payable immediately upon receipt of the invoice without deduction.
- CARDRONA TERRACES shall be entitled at any time to declare accrued claims due and to demand immediate payment. In the event of default of payment, CARDRONA TERRACES shall be entitled to charge the respectively applicable statutory default interest at the current rate of 9% or, in the case of legal transactions involving a consumer, at 5% above the base interest rate. CARDRONA TERRACES reserves the right to prove higher damages.
6 Use of CARDRONA TERRACES
- CARDRONA TERRACES is available to Guests from 2pm on the day of arrival and until 11am on the day of departure. The Guest has no claim to earlier or later availability in the aforementioned sense unless prior arrangement has been made in accordance with early check-in/late checkout fee policy (see below).
- Unless otherwise agreed, the keys and, if applicable, key cards provided must be handed over to CARDRONA TERRACES or a third party named by the accommodation facility on the agreed departure date.
- On request and subject to availability, late check-out can be arranged with CARDRONA TERRACES in advance.
- If CARDRONA TERRACES agrees to a late check-out up to 6pm, CARDRONA TERRACES is entitled to charge 50% of the daily accommodation rate for the additional use of the property.
- For departures after 6pm on the day of departure 100% of the daily accommodation rate (according to the website of CARDRONA TERRACES) of the property will be charged.
- There is no contractual claim to a late check-out. Late check-out is subject to availability at the time of Reservation.
- If a Guest is not making the property available by 11am at the latest, CARDRONA TERRACES may charge 50% of the full daily accommodation rate (list price) for the use of the property beyond the time of the contract until 6pm and thereafter 100% of the full daily accommodation rate.
- The resale of a confirmed reservation is prohibited but may be transferred to another Guest party if prior arrangement has been made with CARDRONA TERRACES. In particular, the resale of CARDRONA TERRACES to third parties at higher prices than the actual prices advertised by CARDRONA TERRACES is prohibited. The assignment or sale of the claim against CARDRONA TERRACES is also not permitted. In such cases, CARDRONA TERRACES is entitled to cancel the booking, in particular if the Guest has made false statements to the third party about the type of booking or payment at the time of cession/sale.
- The booking of CARDRONA TERRACES for purposes other than accommodation and the use of space outside the rented accommodation for advertising, job interviews, sales and similar events also require the prior express consent of CARDRONA TERRACES in written form received via email with confirmation received from CARDRONA TERRACES.
- Use of CARDRONA TERRACES for any purpose other than the accommodation, in particular any commercial use by the Guest unless agreed by prior arrangement prior to confirmation of the reservation is prohibited.
- CARDRONA TERRACES shall not be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, CARDRONA TERRACES shall not be liable for other damages which are based on an intentional or grossly negligent breach of duty by CARDRONA TERRACES. In the case of simple negligence, CARDRONA TERRACES’s liability is limited to the foreseeable damage typical of the contract, if a duty is violated, the fulfilment of which is essential for the proper performance of the accommodation contract and on the observance of which you as a Guest may regularly rely (cardinal obligation). A breach of duty on the part of CARDRONA TERRACES is equivalent to that of its legal representatives, employees or vicarious agents. Further claims for damages are excluded, unless otherwise regulated.
- Should malfunctions or defects occur in the services of CARDRONA TERRACES, CARDRONA TERRACES shall endeavour to remedy them as soon as it becomes aware of them or upon immediate notification of the Guest. The Guest is obliged to make a reasonable contribution to remedy the disturbance and to keep any possible damage to a minimum. Furthermore, the Guest is obliged to inform CARDRONA TERRACES immediately of the possibility of extraordinarily high damages.
- CARDRONA TERRACES shall be liable for items brought in in accordance with the statutory provisions. The claim expires if the Guest does not notify CARDRONA TERRACES immediately after becoming aware of the loss, destruction or damage of the items brought in, unless this delayed notification has no effect on the clarification of the facts. If the Guest wishes to bring money, securities and valuables with a value of more than 1000NZD or other items with a value of more than 5000NZD into the suites, a separate written agreement with CARDRONA TERRACES is required in relation to this paragraph.
- If a parking space is provided to the Guest, even against payment, this does not constitute a safekeeping contract. CARDRONA TERRACES has no duty of supervision. In the event of loss of or damage to motor vehicles or bicycles parked or manoeuvred on the property or their contents, CARDRONA TERRACES shall only be liable in the event of intent or gross negligence. The Guest is obliged to report any damage immediately, obvious damage, in any case before leaving the parking facility. CARDRONA TERRACES is not liable for damage for which other tenants or other third parties are solely responsible.
- All claims against CARDRONA TERRACES shall in principle become statute-barred within one year from the statutory commencement of the limitation period. This shall not apply to claims for damages or other claims arising from injury to life, body or health and/or due to a grossly negligent or intentional breach of duty by CARDRONA TERRACES as well as in the case of breaches of a cardinal obligation within the meaning of Section 8.1
CARDRONA TERRACES accepts no liability for lost property. Excluded from this is liability due to intentional or grossly negligent breaches of duty on the part of CARDRONA TERRACES. Lost items shall only be returned on request, for a fee and for a processing fee of 100NZD. CARDRONA TERRACES undertakes to store lost property for a period of six months and shall charge an appropriate fee for this, which is customary for this purpose and is based on the time and effort required for storage. Any items left behind by the Guest will be sent to the Guest on request at the Guest’s risk and expense. After expiry of the period of safekeeping, the items will be handed over to the local Police office, if they have a recognisable value. CARDRONA TERRACES shall not be liable for theft of or damage to clothes or any other items brought by Guests or Guests’ companions.
9 Guest data
- In order to ensure communication with the Guest, CARDRONA TERRACES requires that the email address and the mobile phone number are provided.
- To verify the identity of the Guest, CARDRONA TERRACES is entitled to request the following valid identification document (for domestic Guests an identity card or passport; for foreign Guests a passport), and valid credit card data at check-in in physical or digital form.
- If the identity of a Guest cannot be clarified due to missing or incorrect documents, CARDRONA TERRACES is entitled to cancel the reservation.
In order to avoid fraudulent bookings, CARDRONA TERRACES uses software solutions which use the requested data (email address, residential address, telephone number, credit card, etc.) to determine a so-called “fraud prevention score” for each Guest to identify fraudulent bookings. Should the software detect such a booking, CARDRONA TERRACES reserves the right to cancel the booking.
10 Termination of the accommodation contract
- CARDRONA TERRACES is entitled to terminate the accommodation contract for good cause. Good cause shall be deemed to exist in particular if (i) force majeure or other circumstances beyond the control of CARDRONA TERRACES that make the fulfilment of the accommodation contract impossible; (ii) CARDRONA TERRACES is booked under misleading or false information or withholding of essential facts; (iii) CARDRONA TERRACES has reasonable reasons to assume that the use of the service may jeopardise the smooth business operations, the security or the public reputation of CARDRONA TERRACES and its locations, without this being attributable to the controlling or the responsible party; (iv) the purpose or cause of the stay is unlawful; or (v) in the case of resale/rental and/or further mediation (see clause 7).
- CARDRONA TERRACES is entitled to withdraw from the accommodation contract if it has been agreed in writing that the Guest can withdraw from the accommodation contract free of charge within a certain period of time.
- CARDRONA TERRACES must inform the Guest immediately of the exercise of the right of termination. In the event of a justified termination of the accommodation, the Guest shall not be entitled to compensation.
11 Smoking prohibited in the suite and general areas
- The CARDRONA TERRACES suites are non-smoking. Smoking is therefore prohibited both in the indoor common areas and in the Guest suites as well as on balconies and/or terraces. In the event of an infringement, CARDRONA TERRACES shall be entitled to demand from the Guest an amount of 250NZD as compensation for the cleaning costs to be incurred separately, including any loss of turnover resulting from a rental of CARDRONA TERRACES which is not possible as a result. This amount of damages shall be set higher if CARDRONA TERRACES proves higher damages.
12 Damage or theft
- In the event of damage exceeding normal use or theft, CARDRONA TERRACES shall be entitled to charge the Guest for the damage as well as for the separate expenses incurred in order to remedy the damage, including any loss of turnover resulting from not possible rental of CARDRONA TERRACES. Even slight negligence shall justify the obligation of the customer to pay compensation.
- The Guest is liable for any damage to the suite provided, the furnishings and the rooms, equipment and facilities intended for communal use, which he or his visitors have culpably caused through use contrary to the contract and which cannot be attributed to normal wear and tear.
- The Guest must notify CARDRONA TERRACES immediately of any damage to the suite provided.
- The same applies to damage caused by third parties insofar as they are staying at CARDRONA TERRACES at the customer’s instigation.
- Pets are not allowed to accompany Guests at CARDRONA TERRACES. However, exceptions include guide dogs, deaf dogs and other similar certified service dogs with notification prior to arrival. These service animals may be brought along free of charge and at any time CARDRONA TERRACES is entitled to ask for proof of service animal status.
- The Guest undertakes to treat CARDRONA TERRACES, the furnishings, rooms, equipment and facilities intended for common use with care and to ensure proper ventilation and heating.
- Guests further undertake, when moving into the suite, to check the facility for completeness and suitability for use and to notify CARDRONA TERRACES immediately of any complaints.
- All suites will be regularly cleaned by CARDRONA TERRACES. Guests shall grant access to suites to allow the service provider commissioned by CARDRONA TERRACES for this purpose.
15 Internet usage
- CARDRONA TERRACES shall provide the Guest with internet access within the framework of existing technical and operational possibilities. Disruptions, for example due to force majeure, maintenance measures or similar, cannot be excluded.
- Guests may not misuse the Internet connection. An abusive use exists in particular in the following cases: Downloading and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of criminally relevant content. Guests are obliged to observe the copyrights, patent rights, name rights, trademark rights and personal rights of third parties when using the content.
- Guests shall indemnify CARDRONA TERRACES on first request from all claims and claims for damages by third parties and from the costs of legal defence in an appropriate amount which have been caused by the unlawful use of the internet connection provided by the Guest or by third parties with the knowledge of the Guest. This indemnity claim includes in particular claims arising from the violation of copyrights, patent rights, name rights, trademark rights and personal rights as well as violations of data protection laws.
- Guests are prohibited from passing on the login data for the Internet connection to third parties. In the event of violation, Guests shall be liable to CARDRONA TERRACES for all damage caused by the forwarding of the access data.
- CARDRONA TERRACES also reserves the right to block the Guests’ internet connection in the event of legal violations.
16 Final provisions
- Changes and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the Guest are invalid.
- Place of service and place of payment are the registered office at CARDRONA TERRACES.
- New Zealand law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.
- CARDRONA TERRACES is neither willing nor obliged to take part in a dispute settlement procedure before a consumer arbitration board.
17 Force Majeure
CARDRONA TERRACES shall be relieved of its obligations hereunder in the event and to the extent of its performance of this Agreement is delayed or prevented in whole or in part by any cause beyond its control, including without limitation: acts of God or government authorities, change of laws, war or hostilities (declared or not), civil unrest, fire, flood, natural disasters, explosion, sale, seizure of the Lodge under legal process, strikes, lockouts or labour stoppages or any other circumstances beyond the reasonable control of CARDRONA TERRACES that makes CARDRONA TERRACES unable to operate fully or partially.
Dated 08 May 2023