We have created our Terms and Conditions policies to make sure that the Internet is an enjoyable experience for everyone and to ensure you understand the terms and conditions appliable to your use of our services.
The following terms apply to all of the goods, products and/or services of any kind that we provide including any of our web sites and anything else we do.
Your use of any of our websites or services may also be subject to separate terms which include service or product descriptions and pricing plans, instructions, policies or guidelines related to a particular website or service you are using. The below terms cover our property unless expressly varied in relation to a specific product or service.
TERMS OF USE
This website ("Website") is owned by Rutherford Hotel Holdings Limited (trading as Rutherford Hotel Nelson). Your use of this Website is governed by these Terms of Use. By accessing and browsing this Website you agree to be bound by these Terms of Use.
1. Definitions
In these Terms of Use, unless the context otherwise requires:
Rutherford Hotel Holdings Limited trading as Rutherford Hotel Nelson. In these Terms and Conditions we refer to our hotel as "Rutherford Hotel", "we", "us" or "our".
"Fees" means the fees payable for Products or Services as displayed on this Website from time to time.
"Intellectual Property" includes the design of, and all content appearing on this Website, trade marks (including logos), domain names, copyright, rights in computer software, databases and lists, confidential information, know-how and trade secrets and manuals, whether registered or unregistered.
"Organisation" means an organisation on behalf of whom has access, or use, of this Website is made.
"Products" means the products you may obtain through this Website from time to time.
"Services" means the services you may obtain through this Website from time to time.
"User name" means a form of identification a user or Organisation of this Website may use, together with a password, to gain access to certain parts of this Website and certain information on this Website, which is accessible only by that user or Organisation.
"you" means:
any person who accesses and uses this Website; and
where an individual accesses or uses this Website for or on behalf of an Organisation, the Organisation for on whose behalf such access or use is made.
References to "your" have a corresponding meaning.
Where the context permits, references to a "person" include an individual, firm, company, corporation or unincorporated body of persons, any public, federal, state, territorial or regional authority, any government, and any agency of any government or of any such authority.
2. Authority to Bind Organisation
If you are accessing or using this Website for or on behalf of an Organisation, you warrant that you have the appropriate authority and power to do so on behalf of the Organisation and are authorised to accept these Terms of Use on behalf of the Organisation.
3. Right to Use Website and Content
You may access, view and print the content on this Website provided you use that content only for informational and non-commercial purposes.
4. Purchase of Products and Services
If you wish to purchase any Products or Services directly through this Website or make any other payments to us through this Website, you will be required to agree to, and comply with our terms and conditions of sale relating to such Products or Services and our Payment Terms covered in section 5 below.
Rutherford Hotel reserves the right to amend any Fees from time to time and to adjust any Fees recorded on this Website if the Fees recorded are incorrect.
All Fees are in New Zealand dollars and are inclusive of GST (being tax levied in accordance with the Goods and Services Tax Act 1985) unless otherwise specified.
5. Booking Accommodation
By booking accommodation online through www.rutherfordhotel.nz or by direct check in you (“the guest/consumer”) agree to the following terms and conditions:
5.1 Cancellation and Deposit Policy for Best Available and Package Accommodation
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- No cancellation fee is payable on reservations cancelled up to 2pm, 1 day prior to arrival.
- A cancellation fee equal to the value of the first night’s accommodation will be charged for cancellations received after 2pm, 1 day prior to arrival.
- Any deposit received will be held and charges applied against as services are used in accordance with our policies. In the case where services (and or any cancellation fee) consumed are less than the received deposit, such balance will be refunded.
- In the event of non-payment, the hotel reserves the right to charge the guarantor's credit card (supplied at the time of reservation).
5.2 Payment & Cancellation Policy for Non-Flexible Accommodation
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- Your Credit Card will be charged at the time of reservation. (no other form of payment is available) unless you book your Non-Flexible Accommodation face to face at our reception no less then 1 week prior to your stay.
- No cancellations are permitted and refunds will not be given for accommodation reserved under Advance Purchase or Non-Flexible categories.
5.3 General Payment & Guarantee Policy
Where not covered under sections 5.1 and 5.2 above, the following terms apply:
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- All reservations must be guaranteed with a valid credit card at the time of reservation.
- Payment will not be taken from the card unless required under the terms of the Cancellation or Deposit policy of your reservation.
- Guests are required to provide a security deposit at check-in by credit card or cash, to guarantee payment of any incidental charges. This may be in the form of a credit card authorisation, or a refundable deposit made in cash or by debit card charge. Cheques are not accepted.
- The Hotel reserves the right to cancel your reservation if you are unable to comply with this policy. The hotel reserves the right to waive the bond requirement at its discretion.
- A charge of 1.5% will be applied to all credit card payments made at the Hotel. This affects Visa, MasterCard. American Express and JCB incure a fee of 3%. Debit cards will not be charged unless the card is not available at the time of payment or used with a pay wave function, in this case a 1.5% fee applies. Payments by cash or EFTPOS (not payWave) do not incur transaction fees. You are welcome to change your payment method on check-out to cash or EFTPOS to avoid these fees.
5.4 Amendments
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- If accommodation has been reserved on the Best Available or Package categories, then reservations may be amended up 2pm on the day prior to the day of arrival.
- If accommodation has been reserved on the Advance Purchase or Non-Flexible category then amendments are permitted, but incur an amendment fee of $25 per room amended, plus any additional room rate costs of the date, the reservation is moved to. If multiple rooms are booked, then the amendment fee would be applied for each room booked, at the discretion of the Hotel Manager. The additional room rate costs will be based on the current Best Available Rate for the new date. If the new date has a lower Best Available Rate than the price initially paid, no price reduction will be made from the original reservation price and no part refund is available.
- Rates are not guaranteed when making amendments to existing reservations.
5.5 Arrival and Departure
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- Check-in time is from 2 pm, unless otherwise stated. (this is not guaranteed)
- If you require an earlier check-in please advise reservations at the time of your reservation, although we do not guarantee early arrivals we will endeavour to offer a suitable room if available. Please advise your approximate arrival time when making your reservation.
- Photo ID must be produced upon check-in to verify Reservations.
- To guarantee early check-in, please book your room to include the night before you arrive and you will be billed accordingly.
- Check-out time is before 10 am, unless otherwise stated.
- Late checkouts are not guaranteed and must be pre-arranged.
- If you would like a late check-out, please request it from reception at the time you check in. A charge may apply subject to the availability of the hotel.
- Late check-out is at the discretion of our team.
- In busy times the hotel reserves the right to charge a late departure fee. This is based on an hourly charge of no less than $30.00 inclusive of gst.
A full night’s charge will be applied if you extend your departure beyond 3pm.
5.6 Child Policy
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- Children under 14 years of age stay Free of Charge with an accompanying adult in the same room and using existing bedding.
- Persons under the age of 18 years may not occupy a room on their own unless accompanied by parents or legal guardian staying in a separate room that have given permission and accept full and final responsibility.
- Family Packages referred to on this site means 2 adults and 2 children under the age of 14 years.
5.7 Miscellaneous
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- All rates are 'room only' unless otherwise stated. 'Breakfast included' rates mean full cooked breakfasts unless otherwise stated. Persons not included in the original reservation will be charged at the full retail rate per person.
- Reservations for dates that fall into 'Special Event' periods, where the hotel expects a high level of demand, such as sporting events, concerts, or conferences, no discounts will apply. Rates are set according to demand and are subject to availability.
- All rates are subject to change.
- Rates are inclusive of 15% GST.
- Car Parking charges apply per night at $10.00 for our access controlled outside car park, $15.00 for our basement (limited spaces available, please pre-book) and $15.00 for carparks including EV charging (max. 4 available)
- Smoking or vaping is not permitted in the guest rooms or public areas within the hotel’s buildings. Should you and/or your guests smoke/vape in a room a cleaning fee of no less than $350.00 plus additional night’s accommodation at the relevant daily rate will apply. You will also be responsible for any costs, damage, or liability arising as a result of smoking/vaping and/or any smoke detectors being activated by you. Should you wish to smoke/vape during your stay please use the relevant designated outside smoking areas.
- We reserve the right to inform authorities immediately and without prior warning where there is substantiated believe that any illicit drugs are being consumed or carried onsite.
- No animals are permitted except for working assistance dogs (Guide and Hearing Assistance dogs only).
- We reserve the right to limit the number of people in any one room. Unless it has been previously communicated and agreed in writing by Hotel Management we operate a “no party” policy. We also reserve the right to remove people from rooms if noise levels exceed acceptable levels and are reducing the enjoyment levels of other guests.
- Any damage to the room or property may be charged to the credit card provided, or billed to the guest and may include loss of income if applicable.
- The hotel accepts no responsibility to amend your reservation due to transport delays/closures/cancellations. i.e. airport, ferry, or road closures due to bad weather. The onus is on you to contact the hotel to avoid the above penalty fees.
- We may make available a link to a third party’s website. The linked sites are not under our control and therefore we accept no responsibility for the contents of any linked site. We provide the links to you for convenience and this is in no way subject to our privacy policy.
- The terms and conditions on this website override any third party arrangements at the discretion of hotel management.
- We operate a secure data network. The online reservation process is secured using SSL (Secure Socket Layer) technology. This is to prevent anyone from intercepting your credit card details during transmission via the Internet. Your credit card details will never be sent in an email or transmitted by any means other than SSL.
- You may be asked to produce proof of your Identity in order to check-in. This is in the interests of safety and security of our hotel and guests.
The rates displayed on this website are non-commissionable to registered travel agents.
5.8 Non Payment
In the event of non-payment of any monies owed not paid in accordance with the above terms and conditions after departure the signatory of the registration card (legally binding contract), or otherwise contracted person shall pay any amounts due plus interest on monies owed from the due date until actual payment. The contracted person also pays all costs, court costs and collection fees incurred by us in enforcing our rights.
6. Additional Terms
You may need to agree to additional terms and conditions for particular services, promotions or competitions which may be made available to you from time to time through this Website, prior to being able to use those particular services, promotions or competitions. Any such additional terms will be read in conjunction with these Terms of Use.
To the extent of any inconsistency between these Terms of Use and any additional terms and conditions, the additional terms and conditions will prevail in relation to the particular services, promotions or competitions to which those additional terms and conditions apply.
7. Your Responsibilities Regarding the Use of the Website
You agree to use this Website only for the purpose for which it is being provided. You agree not to use this Website for any improper, injurious, offensive or unlawful purposes. You agree not to damage or disrupt this Website.
You are responsible for making your own assessment of the suitability of this Website and the Products, Services and information available from this Website, for achieving your purposes.
You are responsible for any actions you take based on Products, Services or information obtained through this Website, and all outcomes resulting from your use of those Products, Services or information.
You are responsible for providing all technology, hardware, software and telecommunication facilities in order to access and use this Website.
8. Intellectual Property
All Intellectual Property on this Website is owned by Rutherford Hotel, or content suppliers for us. No part of this Website may be:
distributed or copied for any commercial purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form); or
resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, extracts from the Website only for informational and non-commercial purposes use,
without express prior written permission of Rutherford Hotel or, in the case of content owned by a Rutherford Hotel partner or content suppliers for us, the relevant Rutherford Hotel partner or content supplier's express prior written consent.
9. Content
Rutherford Hotel Nelson has endeavoured to ensure the content published or displayed on this Website is accurate. However, such content should not be attributed to Rutehrford Hotel and the views expressed on this Website may not necessarily reflect the views of Rutherford Hotel. The placement of any advertisements on this Website does not constitute the recommendation or endorsement of the advertisement by us.
Although we have endeavoured to ensure the content on this Website is current, accurate and complete, we do not guarantee that such content will be current, accurate or complete when you access it. We will take action, within a reasonable period of time, to correct any error or inaccuracy which is brought to our attention.
10. Disclaimer
The information provided on this Website is for general guidance only. Users of the information contained on this Website must make their own assessment of the suitability and appropriateness of the Products, Services and information for their particular use. Hotel rooms may differ from actual image shown. Configurations may be different depending on room location. Not all rooms have the same scenic views or view of the sea.
11. All Liability Excluded
To the extent permitted by law:
all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Website or the content on, or accessed through, it, or any Products or Services obtained from the Website; We will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Website, or the content on, or accessed through, this Website; and
We will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with any Products or Services obtained from this Website.
If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded or limited by the above. If you are using this Website or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.
The exclusions and limits set out in these Terms of Use will also operate for the benefit of our partners, relevant suppliers, licensors and agents of Rutherford Hote which we use to provide the Website.
12. Indemnity
You agree to indemnify Rutherford Hotel, Rutherford Hotel’s Partners, relevant suppliers, licensors and agents of Rutherford Hotel in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client base or otherwise) suffered or incurred by Rutherford Hotel as a result of any inaccurate or incomplete information provided by you to Rutherford Hotel or any breach by you of any of your obligations under these Terms of Use or any other applicable terms and conditions for other services, promotions or competitions on this Website (including any acts or omissions of your employer, contractors or agents).
13. Hyperlinking
If you wish to link to any part of this Website, you must obtain the prior written consent of Rutherford Hotel. We reserve the right to prohibit links to this Website and you agree to remove or cease any link upon request from us. You may not frame any part of the material on this Website by including advertising or other revenue generating material.
14. Third Party Websites
This Website may contain links to third party websites. These websites have not been prepared by and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites this Website links to. To the extent permitted by law, we have no liability in respect of any third party websites this Website links to.
15. Privacy Statement
Our Privacy Statement is available at www.rutherfordhotel.nz/privacy-policy
16. Cookies
Rutherford Hotel use of “cookies” is covered in our Privacy Statement available at www.rutherfordhotel.nz/privacy-policy
17. Compliance with Law
You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in relation to any of the Products, Services or information made available to you through this Website.
18. Amendments
Rutherford Hotel may amend these Terms of Use from time to time so you should check and read these Terms of Use regularly. By continuing to use this Website after any such amendment, you are deemed to have agreed to the amended terms of use.
19. Jurisdiction and Governing Law
This Website and content has been prepared in accordance with the requirements of New Zealand law. These Terms of Use and any matters or disputes connected with this Website will be governed by New Zealand laws and will be dealt with by New Zealand courts.
20. Contacting Us
If you have any questions or concerns in relation to the Website or these Terms of Use, please contact us.