Terms and Conditions

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Terms and Conditions

Website

This Website is provided and operated by Rotorua NZ (“we”, “us”, “our”). These website terms and conditions (“Terms”) govern your access to, and use of, the Website located at https://www.rotoruanz.com/ (“Website”) and any related websites operated by us.

By accessing or using the Website, each user (“you”, “your”) agrees to be bound by, and to comply with, these Terms and all applicable laws. If you do not wish to be bound by these Terms, you should stop accessing and using the Website.

You authorise us, to collect, use, store and share any personal information about you for the purpose of providing our products or services and/or enforcing any rights under these Terms, or as otherwise provided under the terms of the Privacy Policy located here.
 

Content and Intellectual Property

The Website contains text, images, graphics, sound, photographs and other materials and content relating to our business and our products and services (collectively, “Content”). The Content, and all intellectual property rights in and to the Content, are owned by us or by our licensors. Except as specified in these Terms, you do not obtain any rights to the Content or to any intellectual property rights that subsist in the Content. We grant you the right to access the Website. This granted right is non-exclusive, non-transferable and subject to these Terms.
 

Supply of Products and Services

You may use our ‘Book Now’ function to purchase products or services via the Website. These products and services are owned, controlled and made available by third-parties through our Website.
Each purchase is subject to a separate:
  • general terms and conditions that apply to all bookings; and
  • relevant third-party’s terms and conditions, which you are required to read, agree and accept prior to completing the purchase for each product or service.
The separate general terms and conditions that apply to all bookings (“Booking Terms and Conditions”) are as follows:
  • The online booking system is provided by Bookit. For the full terms of use please refer to - https://www.bookit.co.nz/terms-condition.
  • At the time of booking, payment by credit card shall be made for the full or part amount of each booking in New Zealand dollars and is inclusive of Goods and Services Tax (“GST”) and other sales taxes. If you are booking an on request product then your card will be charged once the booking is confirmed. You will receive to your nominated email address, either a booking confirmation or booking request confirmation with a reference number for each booking made. You will need to use that reference should you wish to refer to your booking(s) at a later date.
  • The Payment Processing Fee (“PPF”) is charged at 2.5% of the total price and is non-refundable.
  • Cancellation policies are specific to each supplier and are detailed on the payment confirmation page prior to final booking confirmation.
  • Cancellations made within 0 hours of your arrival/start date will incur a $20.00 NZD (GST inclusive) cancellation fee. This means all cancellations without notice, or cancellations made in less than an hour prior to the arrival/start date will incur a $20.00 fee regardless of the operator’s policy.
  • In addition to any $20.00 cancellation fee charged above, we may, at our discretion, charge a 10% cancellation fee on the total price (excluding the PPF).
  • Where you are entitled to a refund, the refund will be made to the same credit card that you used to confirm the booking. Subject to any supplier cancellation policies, you will be refunded the total amount paid minus the PPF and any cancellation fee(s) where applicable.
  • For amendments of bookings, additional charges, or refunds, please ensure you contact both BookIt and the operator you have made the booking with
  • If you make a booking using a discount code, you will not be able to use that discount code on any subsequent booking amendments. Amendments will be made using the normal price of the product being amended.
  • You may be required to provide a credit card at check-in/arrival to cover incidental charges and may also be required to provide photo ID.
  • Modifications: Free modifications when made up to and including your arrival/activity start date.
The Website is provided by us as a platform through which you can book and pay for your purchases. We do not own any of the products or services made available through the Website. We also do not provide the actual product or services purchased and provide no guarantee or warranty whatsoever regarding the products or services able to be purchased under our Website.

When you make a booking through our Website, the contract for the relevant booking will be made between you and the relevant third-party. We have no involvement in:
  • creating the description of the product or service;
  • defining the price and any fees (other than the PPF), and
  • providing the product or service that you book.
Your sale is processed through the online Bookit payment gateway. Once the booking is in our system, we receive 10% of the total price (excluding PPF) as a sales commission and the balance is paid to the supplier for the booking.

If you have any issues or disputes around your booking and/or the product or service, you agree to address and resolve these with the third-party provider and not with us.

To the extent of any inconsistency between these Terms and the Booking Terms and Conditions regarding the booking, purchase and / or otherwise in relation to the relevant products or services, the Booking Terms and Conditions will prevail.
 

Restrictions on Use

The Website is only for your legal personal use. You may not use the Website or any Content for any commercial purposes or in any way that is unlawful, or harms us, our related companies or any other person.

You may not:
  • send or post any material to or on the Website, or use the Website, the Content or any product or service offered via the Website in any manner, that is unlawful, obscene, offensive, defamatory, derogatory or unwanted;
  • take any action that could damage, disable, overburden, or impair any of our servers or the network(s) connected to any our server;
  • interfere with any other party's use and enjoyment of the Website; or
  • reduce the number of users accessing or using or able to access or use the Website. We reserve the right, without any limitation whatsoever, to at any time:
  • for any reason, discontinue, or alter the functionality, appearance or otherwise of the Website; or
  • block your IP address, terminate or suspend your account to prevent your access to the Website in the event we reasonably consider you may be in breach of these Terms.
 

Communication Tools

You agree to use the communication tools (if any) available on the Website for lawful and legitimate purposes. You agree only to post, send, and receive messages and material that complies with these Terms. We are not responsible for the communications of users via the communications tools and those communications are not reviewed, screened or approved by us.

We may moderate communications on the Website, however, we are under no obligation to ensure that the communications on our Website are legitimate and we are not able to monitor communications at all times. We reserve the right to:
  • terminate or suspend your access to any or all of the communication tools; or
  • remove any material from the communication tools, at any time, without notice, for any reason and we are not obliged to state such reason.
 

Marketing and promotional materials

By signing up for our Newsletter on our Website, you consent to receiving marketing, promotional and other material by way of electronic message from us. You may unsubscribe from the electronic messaging services at any time by clicking the "Unsubscribe" link at the bottom of each email.
 

Privacy

We may collect certain personal information to operate the Website and conduct our business. We respect the privacy of users and comply with our obligations under the Privacy Act 2020. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Our collection and use of personal information is governed by our Privacy Policy. By accessing and browsing this Website, you accept the terms of our Privacy Policy.

If you have questions or comments about our Privacy Policy, please contact us at marketing@rotoruanz.com.
 

Third Party Links

Our Website may contain links to other websites of which we do not have control, may not be secure and are not governed by these Terms or our policies. Any link to other websites is not an endorsement of those websites by us and we are not responsible for the content, accuracy, security and/or availability on those websites.
 

Force Majeure Event

We will not be liable to you for any failure by any third party to deliver any ordered products or provide any services. We will also not be liable to you for any other failure to comply with our obligations under these Terms, if the failure is caused by any event or circumstance beyond our reasonable control that includes, but is not limited to, any event or circumstance occasioned by, or in consequence of, any act of God, hurricanes, floods, storms, unusually severe rain, wind, snow, temperature, strikes, lockouts, other industrial disturbances, wars, terrorism, blockades, insurrections, riots, epidemics, pandemics or other infectious diseases, shortage of labour or civil disturbances, the order, direction, or requirement of any court, government, or local authority (“Force Majeure Event”).
 

Warranties and Limitation of Liability

You understand and agree that your use of the Website is at your sole risk. The Website is provided by us on an “as is” and “as available” basis. We disclaim and exclude any implied conditions or warranties (including, to the fullest extent permitted by law and without limitation, any warranties of merchantability, quality and fitness for a particular purpose). Without limiting the above, we do not warrant that the Website will be available at all times, secure or error-free, or that any Content is error-free or reliable.

To the maximum extent permitted by law, we, or our related companies or organisations, employees, agents and other personnel (“Affiliates”), will not be liable to you (whether in contract, tort including negligence, or otherwise) in connection with the product, services, the Website, or otherwise under these Terms. This includes whether or not such liability is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data.
 
To the extent we may be liable to you, our maximum liability in total in relation to any claim, liability, loss, damages or costs in connection with these Terms, (whether arising under contract, tort, negligence, statutory duty or otherwise), shall be limited to the prices paid for those products or services to which the liability relates.

To the maximum extent permitted by law:
  • we will not be responsible or liable for any acts or omissions of any third parties;
  • the parties agree and acknowledge that if the products and services supplied by us and acquired by you are supplied or acquired in trade within the meaning of the Fair Trading Act 1986, that sections 9, 12A, and 13 of the Fair Trading Act 1986 will not apply to the agreement between us, and that it is fair and reasonable to exclude their application;
  • the parties agree and acknowledge that if they are both in trade, and that the products supplied by us and acquired by you are supplied or acquired in trade, that the provisions of the Consumer Guarantees Act 1993 will not apply to the agreement between us, and that it is fair and reasonable to exclude their application;
  • the parties agree and acknowledge that the provisions of Part 3 of the Contract and Commercial Law Act 2017 will not apply;
  • unless these Terms expressly provide or the parties agree otherwise in writing, to the fullest extent permissible by law all warranties, conditions or other terms implied by law are excluded; and
  • you acknowledge that you had a reasonable opportunity to review these Terms, discuss them with us, and receive advice from your legal advisor, if you wished to do so.
You agree to at all times to indemnify us and our Affiliates against any and all liability, claims, losses, damages, costs, including solicitor-client costs or other expenses of any nature whatsoever awarded against, incurred or suffered by any us or our Affiliates arising out of or in connection with any breach by you of these Terms. None of the exclusions or limitations set out in these Terms will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.
 

Changes to these Terms

We may amend these Terms from time to time. The current and binding Terms will be the Terms displayed on the Website at the time you access or use the Website. If the Terms are updated, those Terms shall be effective as at the date they are uploaded onto the Website. Your continued use of the Website after a change or update has been made to these Terms constitutes your acceptance of the changed or updated Terms. If you do not accept any modification to these Terms, please refrain from further use or access to the Website.
 

General Terms

Governing Law
 These Terms are to be construed and governed by the laws of New Zealand and the non-exclusive jurisdiction of the courts of New Zealand.
 
Severability
If any provision in these Terms is held to be invalid, void or illegal or unenforceable, such provisions shall be severed and the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
 
No relationship
 These Terms do not create any relationship of partnership, agency, employment or joint venture between you and us.
 
Waiver
 Any failure or delay by either you or us in exercising (or in partially exercising) any right, power or remedy arising from a breach of these Terms (“Right”) does not operate as a waiver of that Right unless that waiver is provided in writing and signed by the party granting the waiver. The existence of any Right of ours expressly set out in these Terms, or the exercise of such, does not limit or prejudice any other rights, powers or remedies available to us in contract, at law or in equity, including any rights, powers or remedies that would be available to us if the right, power, or remedy was not set out in these Terms.

Assignment
You may not assign or transfer your Rights or obligations under these Terms without our prior written consent. We may assign, transfer or novate any of our rights and obligations under these Terms without your consent.

Entire Agreement
Unless we otherwise agree in writing, these Terms constitute the entire agreement between us and you in relation to their subject matter.
 

Surviving clauses

Where your access to the Website has been blocked, terminated or suspended, the following clauses will survive:
  • Content and Intellectual Property;
  • Supply of Products and Services;
  • Privacy;
  • Warranties and Limitation of Liabilities; and
  • General Terms.
 

Contact us

If you have any questions or concerns in relation to the Website or these Terms and Conditions, please contact us via by emailing us at marketing@rotoruanz.com.
 
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