Terms and COnditions
1. Website Terms & Conditions
2. Purchase Terms & Conditions
3. Tours Terms & Conditions
Website Terms & Conditions
The purpose of this site is to provide information relating to KARORI SANCTUARY TRUST and its services. Where products or services are offered for purchase over the Internet the terms of sale are as follows or as otherwise specifically stated in the relevant offer.
You agree that you will not publish any comment on this web site which may be considered defamatory, offensive or contrary to law.
LIMITATION OF LIABILITY
You agree that the Consumer Guarantees Act 1993 does not apply to the provision of any product or service by KARORI SANCTUARY TRUST for the purposes of a business.
Subject to any rights you may have under the Consumer Guarantees Act 1993, any liability under any:
- • rule of law,
- • equity,
- • Act,
- • regulation or
- • rule
that KARORI SANCTUARY TRUST may have to you deriving from:
- • use of this web site,
- • any information contained on or connected to this web site, or
- • any product or services provided by or via this web site,
is expressly negated to the extent not prohibited by rule of law, equity, Act, Regulation or Rule.
In any event, subject to the above and any rights you may have under the Consumer Guarantees Act 1993, any claim for loss or harm arising as a result of or in relation to the supply of goods or services by KARORI SANCTUARY TRUST including any economic or consequential loss incurred, is limited to the amount of the charge made for the goods and/or services provided.
KARORI SANCTUARY TRUST provide this web site solely as a vehicle by which information, opinions or views may be expressed. Consequently KARORI SANCTUARY TRUST does not accept responsibility for the accuracy or consequences deriving from use of the information, opinions or views expressed by any person or organisation, whether published on, accessible via or referred to by this site. KARORI SANCTUARY TRUST does not provide any warranty, express or implied, as to the completeness, accuracy, reliability, fitness for purpose, currency or usefulness of any information provided on or via this web site irrespective of whether the information is provided by KARORI SANCTUARY TRUST itself.
- • For the removal of doubt the opinions and views expressed are not necessarily those of KARORI SANCTUARY TRUST or endorsed by KARORI SANCTUARY TRUST.
- • For the removal of doubt KARORI SANCTUARY TRUST takes no responsibility for any information, product or service obtained by link to or from this web site.
- • For the removal of doubt, KARORI SANCTUARY TRUST does not accept responsibility for the transmission of any virus, worm or other software and any loss or harm directly or indirectly caused by such transmission.
- • For the removal of doubt KARORI SANCTUARY TRUST does not warrant that this web site is secure or that misuse of this web site to the detriment of users cannot occur.
- • KARORI SANCTUARY TRUST does not warrant that it owns the rights to the information provided on or via this web site.
PROVISION OF GOODS/SERVICES
- • You authorise KARORI SANCTUARY TRUST to deduct all costs KARORI SANCTUARY TRUST may incur in providing the goods or services to you, including but not limited to the cost of delivery or collection from you, all taxes or other duties payable.
- • You warrant that you are authorised to make the purchase.
- • Dates given for delivery of goods or completion of services are given in good faith but are not to be considered a condition of sale. You will not be entitled to cancel any orders because of a delay in delivery or completion of services outside the control of KARORI SANCTUARY TRUST.
- • Prices are subject to change without notice and unless otherwise stated, prices quoted are inclusive of Goods & Services Tax.
- • Without prejudice to its remedies under these Terms of Trade or any other agreement between the parties, KARORI SANCTUARY TRUST shall retain title to any goods supplied pending payment in full of all monies due to KARORI SANCTUARY TRUST by you.
- • Although ownership of the goods remain with KARORI SANCTUARY TRUST, you acknowledge that risk in the goods passes to you as soon as they are dispatched to you or used as part of the services requested by you.
You will pay all actual costs of KARORI SANCTUARY TRUST incurred to collect any monies or enforce any obligation owing to KARORI SANCTUARY TRUST irrespective of how the debt or obligation arose, including all costs as between solicitor and client.
- • Use of this web site, any request for information, these terms and conditions, the provision of information, opinions or views, goods or services is to be construed and interpreted under New Zealand law.
- • KARORI SANCTUARY TRUST by virtue of the provision of this web site does not accept or submit to the jurisdiction of any authority in any jurisdiction other than New Zealand.
- • Any dispute arising from the use of this web site, request for information, these terms and conditions, the provision of information, opinions or views, goods or services is to be dealt with by the New Zealand Courts in Wellington and all parties to any dispute arising as aforesaid submit to the jurisdiction of the New Zealand Courts in Wellington irrespective of where the parties to the dispute are based or the basis for the dispute is alleged to have arisen.
KARORI SANCTUARY TRUST’S RIGHTS
KARORI SANCTUARY TRUST reserves the right in its sole discretion to:
- • Remove any material you may have posted on or through the web site;
- • Prevent your use of the web site or any services offered by or through the web site;
- • Remove any link to or from you; and/or
- • Take whatever action KARORI SANCTUARY TRUST considers appropriate to preserve its position, reputation and to avoid legal or any other action by third parties.
- • KARORI SANCTUARY TRUST is likely to co-operate fully with any complainant, particularly in so far as misuse of intellectual property is concerned.
INFORMATION AND COPYRIGHT
- • The information provided on or via this web site is solely for your personal and non-commercial use and you may not reproduce in any form any information obtained on or via this web site for any other purpose without first obtaining the written permission of KARORI SANCTUARY TRUST.
- • KARORI SANCTUARY TRUST may in its sole discretion refuse permission to reproduce such information. KARORI SANCTUARY TRUST will be under no obligation to provide any reasons for its decisions regarding the reproduction of information.
- • Any permission to reproduce information will be limited to information either owned by KARORI SANCTUARY TRUST or to which KARORI SANCTUARY TRUST has a right to authorise reproduction. If KARORI SANCTUARY TRUST is not to the owner of the information and does not have a right to authorise reproduction, permission from the owner of the information will be needed.
- • Any information which is attributed to any party and/or incorporates any copyright notice must be reproduced with the full text of that attribution and/or copyright notice.
- • This web site may be linked to or from other web sites which are not under the control of KARORI SANCTUARY TRUST. These terms and conditions apply to all information, products or services obtained via this web site whether by link or otherwise.
- • Where the terms and conditions of other web sites conflict with this web site or these terms and conditions or are otherwise to the detriment of KARORI SANCTUARY TRUST, the terms and conditions of this web site will take precedence.
- • In no event does the fact that this web site links to another web site constitute an endorsement of the other web site (or any link, matter, product or service associated with it) by KARORI SANCTUARY TRUST.
KARORI SANCTUARY TRUST MAY COLLECT PERSONAL INFORMATION FOR TWO REASONS:
- • To monitor and control use of this web site; and
- • To provide services and information to you unless you no longer wish to receive such services or information.
- • KARORI SANCTUARY TRUST will hold personal information for the time necessary to fulfil these purposes.
- • Pursuant to the Privacy Act 1993 you have the right to access and request correction of any personal information held by or within the control of KARORI SANCTUARY TRUST.
- • KARORI SANCTUARY TRUST may charge you any reasonable costs KARORI SANCTUARY TRUST may incur as a consequence of responding to such a request provided KARORI SANCTUARY TRUST provides you with notice of such a charge prior to any costs being incurred.
- • All information other than personal information will be treated as public information.
- • You will keep confidential and secure any passwords that KARORI SANCTUARY TRUST may provide you or that KARORI SANCTUARY TRUST may ask you to provide in order to access certain services or information through this website.
- • KARORI SANCTUARY TRUST may ask you to change that password from time to time and may provide you with the new password as KARORI SANCTUARY TRUST in its sole discretion considers appropriate.
- • You must notify KARORI SANCTUARY TRUST as soon as possible should you become aware of any breach of security or misuse of either a password, this web site or any service associated with it.
- • You will be liable for any use of the services or information, including any charges that may have been incurred, as a consequence of the use of your password whether such use was authorised or unauthorised.
- • Unless otherwise specifically stated and agreed by KARORI SANCTUARY TRUST, these terms and conditions constitute the entire agreement, to the extent that any agreement exists, between KARORI SANCTUARY TRUST and you as a user of this web site.
- • Should any provision in these terms and conditions be unenforceable or cannot be relied upon by KARORI SANCTUARY TRUST, all other provisions remain effective to the extent permitted by law.
- • These terms and conditions are effective until varied at the sole discretion of KARORI SANCTUARY TRUST.
REFUND POLICY – DONATIONS
Due to the nature of the transaction, no refunds will be issued.
If you have any questions, concerns, complaints or simply wish to discuss any aspect of the above terms and conditions, please contact KARORI SANCTUARY TRUST or ZEALANDIA Office.
Purchase Terms & Conditions
A. When you purchase Products via www.visitzealandia.com ("Website"), you acknowledge that you have read these terms and conditions and agree to be bound by them.
"Delivery" has the meaning in paragraph 11, and "Delivered" shall have the same meaning.
"Donations" means any monetary donation you make to us through the Website.
"Force Majeure Events" means an event that is beyond our control that makes it impossible or impractical for us to comply with our obligations under these terms and conditions.
"GST" means goods and services tax in terms of the New Zealand Goods and Services Tax Act 1985, at the rate prevailing from time to time.
"Order" means an order for Products placed by you through this Website.
"Products" means all goods and/or services supplied by us through this Website now and at any time in the future, other than any tour of the Zealandia ecosanctuary.
"us", "we" or "our" means the Karori Sanctuary Trust.
"you" or "your" means the person who is interested in acquiring or has acquired any Products.
1. If we accept your Order and the Product is not available, we will notify you and refund you the purchase price you paid for the Product and any postage cost charged. Dispatch times may also vary according to availability and are subject to delays resulting from postal delays or Force Majeure Events, for which we are not responsible.
PRICING AND ORDERS
2. All prices are stated in New Zealand dollars (NZ$) and include GST.
3. Prices displayed on the Website are subject to change without notice. Other than as set out in paragraph 4, prices for Products in an Order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.
4. We may cancel your Order if there is an error in the price or description of the Product, or in the Order. Before cancelling your Order, we will notify you of our intention to cancel your Order. Upon cancellation, we will promptly refund your payment.
5. You will pay any insurance, customs related costs, import duties, taxes, freight, shipping, return fees or other charges relating to completing Delivery of the Order as advised by us.
6. You warrant that you are authorised to make the purchase. There is no obligation on us to inquire as to the authority of any person placing an Order on your behalf.
7. All credit and debit card payments for all Products can be made through a secure DPS site. Your credit or debit card will be charged once your Order has been accepted and prior to Delivery. We are not responsible for any charges made by your own bank for such transaction fees or charges.
8. Alternative payment arrangements may be made by emailing us at email@example.com.
DELIVERY, RISK AND SECURITY
9. No Order will be Delivered until payment has been received in full, and the funds cleared.
10. Delivery will be made to the address nominated by you on the Order.
11. Your Order shall be deemed to be Delivered to you when:
(a) in respect of a goods ordered, a designated carrier collects such Order from our premises; and
(b) in respect of services, used as part of the services requested by you.
12. Dates given for Delivery of goods or completion of services are given in good faith but are not to be considered a condition of sale. You will not be entitled to cancel any Orders because of a delay in Delivery.
13. Risk of any loss, damage or deterioration of or to the Products passes to you on Delivery. Title to your Order also passes to you at the time of Delivery.
REFUNDS AND RETURNS
14. If for any reason you are not satisfied with your Order, please call us directly. You will find our contact details on this Website and in the email that is sent to you confirming dispatch of your Order.
15. To the extent permitted by law, unless the Products you have received are faulty or defective, and you notify us of this fault or defect within 7 days after receiving the Product, there are strictly no returns or refunds. You will bear any postage cost required to send us the faulty or defective Product.
16. If it is determined by us, at our absolute discretion (acting reasonably), that the Products are faulty or defective, we will use reasonable endeavours to repair or replace the Product, and you acknowledge that this is your sole remedy in relation to any faulty or defective Product. If we are unable to repair or replace the Product, we will give you a refund of the purchase price you paid for your Product (not including any postage cost, customs duty or other charges).
17. Any Donations made via the Website are unconditional and non-refundable unless otherwise agreed by us.
EXCLUSION AND LIMITATION OF LIABILITY
18. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. This does not attempt or purport to exclude liability under statute if, and to the extent, such liability cannot be lawfully excluded (such as under the Consumer Guarantees Act 1993).
19. To the extent permitted by law, we will not be liable for any damage, loss, cost, or expense arising out of or relating to the supply of Products to you.
20. In any event, to the extent permitted by law, any claim for damage, loss, cost or expense that arises out of or relating to the supply of Products to you, including any economic or consequential loss incurred, is limited to the value of the Products supplied by us.
21. You indemnify and hold us free from any claims, liabilities, losses, damages and expenses of any kind incurred in connection with your use of any Products ordered.
23. We contract out of the Consumer Guarantees Act 1993 in relation to business customers to the extent permitted by law. To the extent that the Consumer Guarantees Act 1993 applies to these terms and conditions, nothing in these terms limits your rights under that Act.
ZEALANDIA TOURS TERMS AND CONDITIONS
General Conditions of Entry
Cancellation and Refunds
Changes to Group Number
ZEALANDIA by Night
We operate the Zealandia Ecosanctuary, a fully fenced 225 hectare urban ecosanctuary located at 53 Waiapu Road, Karori, Wellington 6012 (the "Premises").
A. When you enter the Premises or book a Tour, you acknowledge and agree to be bound by these Terms and Conditions ("Terms").
"Admission Fee" means the fee for entry onto the Premises, as notified on our website from time to time.
"Fee" means the applicable fee for the relevant Tour.
"Member" means a person who holds a membership permitting entry onto the Premises for one year.
"Private Tour" means a privately organised Tour.
"Special Tour" means any Tour for which a fee is payable, including a Private Tour and a Zealandia by Night Tour.
"Standard Operating Hours" are from 9:00 am to 5:00 pm every day except for Christmas Day, being 25 December in any given year.
"Tour" means any tour of the Premises whereby a guide sourced by us accompanies a group of people.
"we", "us" or "our" means the Karori Sanctuary Trust.
"Zealandia by Night Tour" means a tour of Zealandia conducted at night.
GENERAL CONDITIONS OF ENTRY
1. We reserve the right to remove, from any Tour and the Premises if necessary, any person(s) we reasonably believe to be:
(a) endangering the safety of any member of staff or other visitors;
(b) impeding our activities, or impeding or preventing members of staff from conducting their duties; or
(c) interfering with the enjoyment of other visitors.
2. Children under the age of 14 must be accompanied by an adult at all times.
3. Personal photography and video is permitted on the Premises. Commercial photography and video requires our written permission.
4. Dogs are not permitted on the Premises generally. However, appropriately certified guide dogs are permitted on the Premises, provided that you notify us prior to your visit.
5. Smoking is not permitted at any time on the Premises.
6. Unless we have notified you otherwise, we reserve the right to change the times, Tours and displays at any time, without notice.
7. You are not permitted to enter the Premises outside of our Standard Operating Hours, except where you have booked a Tour.
8. During our Standard Operating Hours, you are permitted to access the Premises upon payment of an Admission Fee. You do not have to pay the Admission Fee if you have already paid a Fee for a Tour.
9. Self-guided tour groups are permitted on the Premises, provided that you notify us prior to entry, and provided that such tour groups are prohibited from using or engaging an external tour guide that is not employed by us.
10. You may book a Private Tour for a number of people in your group, and if you would like a more personalised Tour.
11. If you require our staff to work alongside a translator because your group or a member of your group is non-English speaking, you must inform us in advance.
12. Subject to availability and provided you notify us when you book a Private Tour, we can arrange for the provision of headsets, should you or a member of your group require this.
13. Our ability to host Special Tours is subject to guide availability. In order for us to source a guide(s) for a Special Tour, you must make a booking at least 3 days' prior to the intended date of the Special Tour (although we may allow bookings to be made within 3 days of the intended tour date at our discretion).
14. Our Purchase Terms and Conditions form part of these Terms.
15. To book a Special Tour, payment in advance by credit card is required, unless paragraph 16 applies or unless we have agreed to accept a different payment method at our discretion.
16. If you are a tour company, you may request to be invoiced following a Special Tour. In order to make such a request, you must provide a reference code when booking, or present a voucher upon arrival at the premises, and you may also be asked to complete a credit application form. We may refuse such a request at our discretion.
CANCELLATION AND REFUNDS
17. In the event that you cancel your booking of a Special Tour you will:
(a) not be liable to pay the Fee, or where you have already paid the Fee, you will be entitled to a 100% refund, provided you give us at least 14 days' notice;
(b) remain liable to pay 50% of the Fee, or where you have already paid the Fee, you will be entitled to a 50% refund, if you give us between 7 and 13 days' notice; or
(c) remain liable to pay 100% of the Fee, or where you have already paid the Fee, not be entitled to a refund, if you give us less than 7 days' notice.
18. If you fail to arrive for a Special Tour, you will remain liable to pay 100% of the Fee, or where you have already paid the Fee, you will not be entitled to a refund.
19. Tours will still proceed in the event of bad weather, provided that we reserve the right to cancel a Tour due to unsafe weather conditions or any other unforeseen circumstances. If we cancel a Tour, you will not be liable to pay the Fee, or where you have already paid the Fee, you will be entitled to a 100% refund.
CHANGES TO GROUP NUMBERS
20. Should you wish to increase the size of your group on a Private Tour or a Zealandia by Night Tour, you must contact us as soon as possible. Subject to guide availability, we will use reasonable endeavours to accommodate all increases to the size of your group.
21. If you need to reduce the size of your group, you must contact us at least 3 days’ prior to the intended Tour date in order for us to confirm guide availability and adjust catering numbers (if applicable). If you give us less than 3 days’ notice, you will remain liable to pay 100% of the Fee, or where you have already paid the Fee, you will not be entitled to a refund.
TERMS AND CONDITIONS APPLYING TO ZEALANDIA BY NIGHT TOUR
22. The following terms and conditions apply to the Zealandia by Night Tour:
(a) no dogs (including appropriately certified guide dogs) are permitted on the Premises during a Zealandia by Night Tour;
(b) no one under the age of 12 is permitted on a Zealandia by Night Tour (unless you have booked a private Zealandia by Night Tour);
(c) no more than 12 people may be on a Zealandia by Night Tour at any time (multiple Tours may be run each night);
(d) where a booking is made by a Member and the Member has paid a discounted price on the Zealandia by Night Tour, a valid membership card must be presented at the pre-tour check-in process. Failure to present a valid membership card will require the difference between the full Fee and the discounted price to be paid prior to commencement of the Zealandia by Night Tour;
(e) where a booking is made by a New Zealand student or a senior gold card holder and a concession price has been paid on the Zealandia by Night Tour, a valid student card or gold card (as the case may be) must be presented at the pre-tour check-in process. Failure to present a valid student card or gold card (as the case may be) will require the difference between the full Fee and the concession price to be paid prior to commencement of the Zealandia by Night Tour;
(f) where a general admission ticket has been purchased as part of the Zealandia by Night Tour and day general admission package, the general admission ticket must be used within 7 days of the date of the Zealandia by Night Tour.
23. If the group that you have booked for a Private Tour is part of a function being held on the Premises, the function cancellation terms and conditions will apply to any cancellations or changes to group numbers. Please contact the functions manager at firstname.lastname@example.org to discuss this further.
24. Please refer to our website for further details on tour options, maps, coach parking, accessibility, café, store, the exhibition and Zealandia's conservation story.