Terms and Conditions
The Booker hereby offers to use the Marae on the terms and conditions set out herein and to pay the price charged. Koukourārata Development Company Limited (referred to herein as “KDC” “we” or “us”) accepts the Booker's offer, subject to availability, by receiving the bond and processing the booking.
1 House Rules
You, the Booker, shall ensure the House Rules and the Hazard Management Plan are complied with at all times.
2.1 You agree to reimburse KDC for any damage to the Marae, building or chattels and the cost of any additional cleaning required.
2.2 For all purposes including any legal proceedings, a statement in writing by KDC as to the amount due or owing shall be accepted as conclusive evidence of the amount owing hereunder.
3.1 The bond ($115.00) must be paid in cleared funds prior to confirmation of your booking unless we agree otherwise in writing.
(c) Name: Koukourārata Development Company Ltd
3.2 The bond is refundable, subject to deductions for damage, unsatisfactory cleaning or late cancellation at the sole discretion of KDC and must be paid within 7 days of confirmation of booking.
3.3 Full payment is due by the final day of your stay. You must not withhold payment or make any deductions of any nature whether by way of set off, counterclaim or otherwise from any amount you owe us.
3.4 We can alter the terms of payment with effect from the date that we notify you of such change.
4.1 KDC reserves the right, if the Marae is required for a tangi (funeral), to cancel this agreement. If you are on the Marae we may require you to vacate it immediately. Where this occurs, you will not be required to pay for the unused portion of your stay. It will be your responsibility to arrange another venue.
4.2 You may cancel your booking by written notice to us. The bond will be forfeited if notice of cancellation is received less than thirty days prior to the start of your visit.
4.3 We may also cancel your booking on 7 days written notice to you. Our liability to you shall be limited to refunding in full the bond you have paid.
5 Exclusion of Warranties
5.1 As you are acquiring the Goods or Services for business purposes, the guarantees under the Consumer Guarantees Act 1993 do not apply.
5.2 Unless you have rights under the Consumer Guarantees Act 1993, or other legislation, which cannot be excluded or limited, there are no warranties express or implied.
5.3 You take the full responsibility for the safety of any goods or chattels you bring onto the Marae.
5.4 You acknowledge that the Marae is satisfactory for your purposes based on your own knowledge; and that no representations have been made to you about the Marae's suitability for any particular purpose.
6 Limitation of Liability
6.1 We shall be released from liability for any loss or damage to persons or property except to the extent provided for in this clause.
6.2 Your sole remedy against us shall be limited to breach of contract and notwithstanding any relief or remedy to which you or any other person may have been entitled under the Contractual Remedies Act 1979 or at law or in equity, the extent of any such liability shall be limited to any amount equal to the price charged for the particular Goods or Services to which the breach relates. We will not, in any case, be liable for any other losses or damages whether general, exemplary, punitive, direct, indirect or consequent, including loss of business profits.
6.3 We and our employees and agents shall not be liable for any claim for breach of Statute or breach of duty in Tort (including negligence) or for any claim in Equity or otherwise at law.
6.4 No action may be brought against us unless written notice of such claim is given to us within 24 hours of discovery by you or your agents of the matters which give rise to the claim.
7.1 If you do not pay any moneys owed to us (“the unpaid moneys”) within 10 days of the due date, we may charge penalty interest at a rate of 2.5% per month calculated on a daily basis on the unpaid moneys from the due date until payment in full is made.
7.2 You agree to pay, on demand, all costs incurred by us (including legal costs on a solicitor/client basis and debt collection costs) in the recovery or attempted recovery of unpaid moneys and/or the enforcement of these Terms and Conditions.
8 Use of Information
8.1 You agree we may obtain information about you from you or any other person (including credit or debt collection agencies) in the course of our business and consent to any person providing us with such information.
8.2 You agree that we may give any information we have about your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.
8.3 If you are an individual, ie a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information that we hold about you.
9 General Provisions
9.1 These terms apply to all transactions with you. If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.