Waihi Golden Valley Limited T/A Waihi Academy
Terms and Conditions
- 1.1 The“Waihi Academy” means Waihi Golden Valley Limited T/A Waihi Academy its successors and assigns or any person acting on behalf of and with authority of Waihi Golden Valley Limited T/A Waihi Academy.
- 1.2 “Client” means the person/s requesting Waihi Academy to provide the Services as specified in any invoice, document or order, and if there is more than one person requesting the Services is a reference to each person jointly and severally.
- 1.3 “Incidental Items” means any goods, beverages, foodstuffs, documents, or other materials supplied consumed, created, or utilized incidentally by Waihi Academy in the course of it conducting, or supplying to the Client, any Services.
- 1.4 “Services” means all Services which are supplied by Waihi Academy to the Client at Client’s request from time to time (including those services provided by any third party contractor(s) employed by Waihi Academy on the Client’s behalf).
- 1.5 “Price” means the price payable for the Services as agreed between Waihi Academy and the Client in accordance with clause 3 of the contract.
- 2.1 A client may make an enquiry by phone but the client must confirm all bookings in writing by returning a signed booking event order (BEO). BEOs and “terms and conditions” can be posted, emailed or faxed.
- 2.2 These terms and conditions may only be amended with Waihi Academy’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Waihi Academy.
- 2.3 Where the Client requesting or organising Waihi Academy to provide the Services is acting on behalf of any third party and third party is intended to be responsible for the payment of the Price (or any part thereof) then:
- (a) The Client must make every effort to get the third party to also sign this agreement; and
- (b) if the third party does not so sign this agreement, or in the event that the third party does not pay for the Services (or part thereof) when due, then the Client acknowledges that they shall be liable for the full payment of the Price as if they had contracted the Services on their own behalf.
- 2.4 The Client warrants that the Client has the power to enter into this agreement and has obtained all necessary authorisations to allow doing so, that the Client or any third party on whose behalf they are acting is not bankrupt or insolvent and that this agreement creates binding and valid legal obligations on all parties to this agreement.
- 2.5 If an alternative enquiry is made for the same period, the original Client will be given 48 hours in which to confirm the enquiry booking. Waihi Academy will then confirm acceptance of the enquiry booking or otherwise to the Client. Waihi Academy reserves the right to decline any provisional booking or part thereof.
- 2.6 On confirmation of a booking a non-refundable deposit must be paid. The deposit will be 15% of the total bill, or the equivalent of the room hire charges, or whichever is the greater. If the deposit is not received, Waihi Academy reserves the right to cancel the booking and allocate the accommodation to another client. Payment can be made by credit card, direct credit, or cash.
- 2.7 Final numbers must be confirmed on a signed BEO no later than 10:00am, three (3) working days prior to the date of the function.
- 2.8 The Client shall give Waihi Academy not less than (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s or business practice). The Client shall be liable for any loss incurred by Waihi Academy as a result of the Client’s failure to comply with this clause.
3. Price and payment
- 3.1 The final Price will be based on the numbers submitted by the Client on the BEO, or on the actual numbers attending, whichever is the greater figure.
- 3.2 Waihi Academy’s proposed price (subject to clause 3.3) which will be valid for the period stated in the event proposal or otherwise for a period of thirty (30) days.
- 3.3 Waihi Academy reserves the right to change the Price if at any time a variation to Waihi Academy’s original proposal is requested including, but not limited to, changes in the numbers of guests using Waihi Academy facilities or attending events, and/or to Service requirements). Any variation requested by the Client must be submitted to Waihi Academy in writing.
- 3.4 Payment: 20% deposit immediately-balance within 10 days of the event. The Client acknowledges that is not always possible to calculate the total cost of the event in full until the event has event has ended as there may additional costs incurred by the Client. Therefore the difference between the estimated cost of the event and the actual cost of the event shall be advised by Waihi Academy to the Client and is to be paid by the Client at the end of the event. Where it is not possible for Waihi Academy to calculate the total cost of the event on that day then Waihi Academy shall within two (2) working days of the event issue to the Client an invoice detailing the total cost of the event specifying all costs incurred, payments already made by Client, and specifying the amount which remains then due and payable. Such invoice is to be paid within ten (10) days of the date of issue of that invoice.
- 3.5 Payment must be made on receipt of invoice by cash, electronic/on-line banking, credit card (plus surcharge off up to two and a half percent (2.5%) [Amex and Diners cards are not accepted], or by any other method as agreed to between the Client and Waihi Academy direct credit.
- 3.6 The client is liable for any cost of recovery of debt and is liable for interest on any unpaid debt. Interest will be charged at current bank overdraft rates.
- 3.7 Receipt by Waihi Academy of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognized and until then Waihi Academy’s ownership or rights in respect
- 3.8 Waihi Academy and the Client agree that the Client’s obligation to pay for the Services (or any Incidental items) shall not cease until:
(a) the Client has paid Waihi Academy all amounts owing for the particular Services; and
(b) the Client has met all other obligations due by the Client to Waihi Academy in respect of all contracts between Waihi Academy and the Client.
4. Review of Services
- 4.1 The Client shall once an event has commenced immediately advise a Waihi Academy employee if there is any issue that may impede the smooth running of, or impact upon the event as was agreed between Waihi Academy and the Client. Waihi Academy shall upon such advice, make all reasonable efforts to remove or mitigate any such impediment. If no issue is raised with a Waihi Academy employee then it shall be considered that the event proceeded as was planned.
- 4.2 Subsequent to the event the Client must advise Waihi Academy of any alleged failure to provide Services as was agreed and/or any issues with the facilities provided. The Client shall then afford Waihi Academy an opportunity to review the Services and facilities provided so that Waihi Academy may assess the Client’s claim. If the Client shall fail to comply with these provisions, the Services and facilities shall be conclusively presumed to have been provided in accordance with the terms and conditions and as agreed between Waihi Academy and the Client.
- 4.3 Where it is agreed by Waihi Academy that a Client’s claim has merit then Waihi Academy may refund any money the Client has paid for the Services but only to the extent that such refund shall take into account the value of Services and incidental Items which have been provided to the Client which were not defective.
5. Delivery of Services
- 5.1 The Client acknowledges and accepts that where Waihi Academy recommends the use of a third party supplier that such recommendations are based on Waihi Academy’s experience of previous services provided by such suppliers, however such recommendations are not be deemed a guarantee of performance by any particular supplier. The Client acknowledges that all dealings with the third party supplier are undertaken outside of the agreement and are strictly between the third party provider and the Client (including, but not limited to, the third parties performance, invoicing and payment arrangements, and liabilities for loss and/or damage (if any) caused by such third parties).
- 5.2 Waihi Academy shall not be liable to the Client in any way whatsoever in the event that Waihi Academy is unable to provide its facilities, or meet any other arrangements for the event, where this is due to circumstances beyond Waihi Academy’s reasonable control. Furthermore the Client acknowledges that Waihi Academy’s reserves the right to cancel any event in the event that the management of Waihi Academy believes that there is any risk to any person from either flood, subsidence or any other similar threat. Waihi Academy undertakes to advise the Client as soon as able in the event of such requirement to cancel an event and undertakes to reasonably assist the Client to obtain alternative premises for the event if that is at all possible.
6. Cancellation or Variation of numbers
- 6.1 Any cancellation, postponement or partial cancellation must be in writing.
Within 7 days of event=Cancellation fee of 50% of total invoiced.
Greater than 7 days and less than 14 days = Cancellation fee of 35% of total invoiced.
Greater than 14 days and less than 30 days= Cancellation fee of 25% of total invoiced.
Greater than 30 days= Cancellation fee of 15% of total invoiced.
- 6.2 Waihi Academy may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are commenced by giving written notice to the Client. On giving such notice Waihi Academy shall repay to the Client any money paid by the Client for the Services. Waihi Academy shall not be liable for any loss or damage whatsoever arising from such cancellation.
- 6.3 In the event that the Client cancels an event (or postpones an event) then the Client shall (in addition to the cancellation fee specified in clause 6.1) remain liable to Waihi Academy for all extraordinary costs incurred by Waihi Academy as a direct result of the cancellation or postponement (such as, but not limited to, the costs of equipment hire, or cancellation fees charged by any third party suppliers engaged by Waihi Academy on the Client’s behalf).
7. Variation by Waihi Academy
- 7.1 In the event that a designated room is not available, Waihi Academy reserves the right to substitute comparable facilities and where possible will give the client prior written notification of the substitution details.
8. Use of the facilities
- 8.1 It is agreed that the function will commence at the scheduled time and that function room(s) allocated will be vacated at the nominated time. In cases where a function goes beyond the agreed finishing time and if the following client is inconvenienced, we reserve the right to charge whatever costs are reasonably incurred to ensure that the following client is not inconvenienced.
- 8.2 If the function exceeds its scheduled time, as per the signed BEO, by more than one (1) hour, then the client will be liable to pay an afterhours charge of fifty dollars ($50) per hour for a minimum of four (4) hours.
- 8.3 Waihi Academy reserves the right to enforce the charge for the minimum numbers in conference rooms as per the conference information pack. Where a client does not meet the minimum delegate numbers, they may be moved to a smaller room. If a smaller room is not available, the client is liable to pay the breakout room rate charge.
- 8.4 A function ‘without catering’ is defined as any function without a main meal included i.e. breakfast, lunch, and dinner or finger food. These functions are then charged at the breakout room rate.
- 8.5 Any intoxicated persons will not be permitted to use any of the the Waihi Academy’s facilities. This is solely at discretion of Waihi Academy staff and management.
9. Food and beverage
- 9.1 No food or beverage of any kind is permitted to be brought into or removed from Waihi Academy by the client or any of the client’s guests other than what has been approved by the Academy management.
- 9.2 Waihi Academy is BYO licensed. Alcohol may only be consumed during the evening meal in the designated dining area. Outside of this area alcohol is not be consumed.
- 10.1 Smoking is not permitted inside at any time however there will be a Designated Outdoor Smoking Area allocated for all event rooms/areas and guests will be advised of allocated smoking areas by Waihi Academy’s employees.
11. Liabilities & Indemnity
- 11.1 The Client accepts full responsibility for and shall keep Waihi Academy indemnified against all liability in respect of all fines, penalties, actions, proceedings, claims, damages, costs and expenses howsoever arising out of the Clients use of Waihi Academy’s premises, facilities, or equipment (whether or not such equipment is owned by, Waihi Academy, the Client, or any third party) during an event, and whether or not arising from any negligence, failure or omission of the Client or any other persons. It is highly recommended by Waihi Academy that the Client obtains suitable insurance coverage to protect them against all potential risks relating to holding of the Client’s event.
- 11.2 Where Waihi Academy has agreed that food stuffs may be brought onto Waihi Academy premises for an event then Waihi Academy shall accept no liability in relation to the same (including any after effects related to those foodstuffs) and it shall be the Client’s sole responsibility to ensure that all Health regulations applicable to the supply of such foodstuffs are complied with.
- 12.1 The client shall make good at its cost any damage that is done to Waihi Academy by the client or any person for whom the client is responsible.
- 12.2 The client shall keep the Waihi Academy clean and tidy at all times.
- 12.3 The client and their group will adhere to all community expectations and rules and will respect the rights of all other members of the Waihi Academy or other users of the Centre during their stay.
- 12.4 The client will be responsible for the removal of all property, merchandise and rubbish after the conclusion of the function and any goods left in Waihi Academy after the function without prior arrangement will be deemed abandoned.
- 12.5 Waihi Academy will not accept any responsibility for any damage to or loss of property or merchandise left in the building prior to, during or after any function. It is recommended that the Client arrange their own liability insurance and security, as required.
- 12.6 Waihi Academy accepts no liability for cars parked in its designated parking area or surrounds.
- 12.7 Cars parked in any car park other than those designated as Waihi Academy’s visitor car parks will be towed away and retrieved at the owner’s expense.
13. Security and Charge
- 13.1 In consideration of Waihi Academy agreeing to supply Services, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money)
- 13.2 The Client indemnifies Waihi Academy from and against all Waihi Academy’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Waihi Academy rights under this clause.
- 13.3 The Client irrevocably appoints Waihi Academy and each director of Waihi Academy as the Clients true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Client’s behalf.
- 14. Consumer Guarantees Act 1993
- 14.1 If the Client is acquiring Services for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Services by Waihi Academy to the Client.
15. Privacy Act 1993
- 15.1 The Client authorizes Waihi Academy or Waihi Academy’s agent to:
- (a) Access, collect, retain and use any information about the Client;
- (I) (Including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or
- (II) for the purpose of marketing products and services to the Client.
- (b) Disclose information about the Client, whether collected by Waihi Academy from the Client directly or obtained by Waihi Academy from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
- 15.2 Where the Client is an individual the authorities under clause 16.1 are authorities or consents for the purposes of the Privacy Act 1993.
- 15.3 The Client shall have the right to request Waihi Academy for a copy the information about the Client retained by Waihi Academy and the right to request Waihi Academy to correct any incorrect information about the Client held by Waihi Academy.
- 16.1 The failure by Waihi Academy to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Waihi Academy right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- 16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
- 16.3 Waihi Academy shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Waihi Academy of these terms and conditions (alternatively Waihi Academy’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
- 16.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Waihi Academy nor to withhold payment of any invoice because part of that invoice is in dispute.
- 16.5 Waihi Academy may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
- 16.6 The Client agrees that Waihi Academy may amend these terms and conditions at any time. If Waihi Academy makes a change to these terms and conditions, then that change will take effect from the date on which Waihi Academy notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Waihi Academy to provide Services to the Client.
- 16.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
- 17.1 The Client may not use Waihi Academy logo without Waihi Academy’s prior written permission.