General Terms and Conditions
By accessing the website at http://www.hemsworthestate.co.nz, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Hemsworth Estate’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Hemsworth Estate’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hemsworth Estate at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Hemsworth Estate’s website are provided on an ‘as is’ basis. Hemsworth Estate makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Hemsworth Estate does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Hemsworth Estate or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Hemsworth Estate’s website, even if Hemsworth Estate or a Hemsworth Estate authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Hemsworth Estate’s website could include technical, typographical, or photographic errors. Hemsworth Estate does not warrant that any of the materials on its website are accurate, complete or current. Hemsworth Estate may make changes to the materials contained on its website at any time without notice. However Hemsworth Estate does not make any commitment to update the materials.
Hemsworth Estate has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hemsworth Estate of the site. Use of any such linked website is at the user’s own risk.
Hemsworth Estate may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Staying at Hemsworth Estate
Terms of Booking & Booking Deposit
By placing a booking with Hemsworth Estate you (the lead guest) and your booking party (guests) agree to the following terms and conditions as set-out. During your stay you agree to abide by the subsequent conditions as set-out. If you have any questions about booking with us, please contact us before making a booking.
To place a booking with us the lead guest must be at least 16 years of age. The maximum number of staying guests per room is two people. Where the person making the booking is different to the lead guest taking up the occupation, the person making the booking may be held responsible for cancellation, non-arrival and damages as set-out within. Only the lead guest and the named booking party are allowed to use the property and its facilities, any third party visitors are only allowed access at our express permission.
To secure any booking we require a deposit to be paid in advance, this deposit amount is 20%.
Deposit payments must be ‘cleared funds’ before a booking can be confirmed. Deposits are only refundable under the conditions set-out here within.
Payments can be made online / over the phone using debit / credit card as well as by digital bank transfer, or cash deposit. Any charges raised against us by our banks for handling dishonoured bank transfers or any other payments, must be reimbursed by the lead guest within seven (7) days of any request to do so.
All guests agree to respect the privacy and peace of all other staying guests, neighbours and the owners at all times. We reserve the right to cancel a booking with immediate effect if guests are not honouring this agreement or causing a disturbance / nuisance to other guests, neighbours or the owners.
Check-in & Check-out
Guests must check-in and check-out by the times stated below;
- Check-in by: 2:00pm and before 8:00pm on day of arrival
- Check-out by: 11:00am on day of departure
Cancellation, Returned Deposit & Non-Arrival Conditions
Guest who need to cancel a booking should contact us as soon as possible. Deposits already paid are only returned in accordance with the following conditions;
- Cancellation made 8 days or more in advance of arrival date = Full deposit refund
- Cancellation made 7 days or less of arrival date = 50% of deposit refund
- Cancellation made 48hrs or less of arrival date = No refund issued, full amount of booking due
Non-arrival guests, who are unable to attend or fail to attend for whatever reason forfeit their deposit paid and the full amount of the booking will be due. It is suggested that booking guests take out appropriate holiday / cancellation insurance where required.
In the rare event we need to cancel your booking with us, please be aware that we cannot be held liable for circumstances beyond our control and that our liability to you is limited to the refund of any payment already made.
WiFi Fair & Appropriate Usage Policy
Where WiFi Internet access is provided, guests accept to use this access to the Internet fairly and appropriately. We may monitor network performance and user usage in order to maintain a fair and high level of service to all our guests.
The Internet access provided is intended for general use such as access to the world wide web, email, messaging, social media, light video / music / media streaming. It is not intended or ideally suited for heavy media streaming, online gaming, extensive downloads / uploads. Access to illegal activity or use of our network for illegal activity is not prohibited and will be reported to local authorities.
Damages & Lost Property
We reserve the right to charge the lead guest for any damages caused through the course of a booking by any member of the booking party. This includes breakages, spillages, stains, damage to furniture or fixtures and fittings. Any accidental damages should be reported as soon as possible in order to minimise damage and associated costs. Lost keys / fobs / access cards will incur a replacement charge per key / fob / card lost.
Any lost property, if discovered and found, left behind by guests during a stay will be held for a period of 1 month. While we will make our best efforts to reunite lost property with their owners we accept no responsibility in replacing lost items and encourage guests to ensure they have all their belonging before checking-out. We may offer to post lost items via recorded delivery at the cost of the property owner, otherwise collection can be arranged.
Smoking of any tobacco products including, but not limited to cigarettes, pipes, cigars, snuff or chewing tobacco, is only allowed in designated areas as sign posted throughout the accommodation and is in accordance with the Health Act 2006.
We do not accept pets throughout the accommodation.
Where on-site parking is provided guests accept that they park their vehicles at their own risk.
Your Personal Details & Privacy
We are required to keep a register of guests over the age of 16 who stay with us, this includes Full name, Contact details, including phone, email and residential address, Country of origin, Age or date of birth, Documents to verify your identity, which include your passport, drivers licence, etc, details, Payment information, including credit card number, Dates of your stay, Travel agent details, Birthday or other anniversaries or special dates and Your room preferences, including style of room or bedding configuration.
We need to use your personal information in certain ways in order to meet our lawful purpose, some of which are obvious (like using your name for a booking) and some less so (like country of origin statistics to Stats NZ). In general, we will only use your information in the ways outlined in this Privacy Statement. From time to time, we may need to use your information in other ways but will only do so with your permission or if required by law.
Our Right To Cancellation
We reserve the right to cancel any booking without compensation, refund or reimbursement if the terms of these conditions are breached.
Weddings and Functions at Hemsworth Estate
Booking your Event
Please note no space is held for enquiries. Tentative bookings will be held for a maximum of one (1) month. To confirm and secure a reservation, 10% of your total function fee is due as a non‐refundable deposit.
Payments and Deposits
- 50% of the total cost is due three months before the function date.
- Final amount is due 14 days before the function date.
Payment can be made via Bank Transfer, credit card or cash deposit.
The contract signatory is liable to pay all money due under this Agreement.
Full payment of any outstanding balance is due by bank transfer, or by credit card, or cash by the 20th of the month following the event. Non‐payment after this date may result in interest being charged at the interest rate plus 15%.
In the event of package prices and contents being updated less than six months prior to the confirmed date, the Client will have the option to select both a new package and price, or stay with the original price and package as quoted.
As the Estate regularly updates menus and wine lists according to seasonality and availability, the Estate at its sole discretion reserves the right to substitute items of food and beverage with a like product where necessary. Full consultaton will be made with the Client.
Whilst every measure is taken to maintain prices and menus all effort will be made by the Estate to stick to the original quote. However if a price change is due to pressures beyond our control then the hotel may change these prices at their discretion. Full notice will be given on any changes made.
Clients agree to begin and complete their function at the scheduled time outlined in their confirmation.
Numbers must be confirmed and signed off with Hemsworth Estate 14 days prior to the wedding date. This will be the guaranteed number.
Increases up to 10% are acceptable if adequate notice is given and room capacity has not been met. It is your responsibility to notify us of final numbers.
Charges will be based on the guaranteed number or the actual number attending, whichever is the greater.
In the event of cancellation the following terms will apply:
All cancellations must be made by phone and confirmed in writing.
For functions canceled more than two (2) months in advance, any payments other than the 10% non refundable deposit will be returned.
For functions canceled two (2) months or less before the function date, the cancellation fee will be equal to 25% of the total estimated value of the function.
Less than fourteen (14) days before the function date, the cancellation fee will be equal to 50% of the total estimated value of the function.
The non‐refundable deposit will apply for all cancellations.
- The Client assumes responsibility for all damage caused by them or any of their guests, invitees or other people attending the function before, during or after, whether in the reception facility, accommodation or venue grounds. The Estate reserves the right to charge extra to cover costs of engaging a specialist cleaner, or tradesman to carry out repairs or replacement to the premises, fixtures, fittings and/or chattels. This also applies to any china or glassware broken or removed by guest’s invitees or other people before, during, or after a function.
- General and normal cleaning is included in the cost of the hire charge, but additional charges may be payable if the function has created cleaning need above and beyond normal cleaning.
- The Estate will take all necessary care but not accept responsibility for damage or loss of Client’s property before, during or after a function.
- All due care will be taken by the Estate for any gifts that are left in the Hotel’s charge until pick up by the Client or their representatives.
- All gifts and personal items should be picked up from the Estate by 12pm of the following day of the function.
- The Client is responsible for conducting the function in an orderly manner, with Estate Management, Council, and New Zealand Laws, in full compliance of all applicable rules and regulations including normal noise control levels. We reserve the right to intervene if a function’s activities are considered illegal, noisy, dangerous or offensive.
- Only Hemsworth Estate employees are permitted in the back of house areas.
- Damage to, or loss of, the rental items and packaging will be charged to the Client at replacement costs, or a fair and reasonable amount agreed (including shipping if applicable). The Client, the customer will need to pay the balance directly to Hemsworth Estate.
- The Client accepts full responsibility for the safekeeping of the equipment, and will ensure that the items on hire are in safe custody and are guarded against damage or loss until they are returned or collected.
- It is the Client’s responsibility to ensure that all hire items are cleaned and returned in original condition or a cleaning fee will be taken from the bond – with the exception of any linen which has washing and laundering fees included in the hire price. However the hirer will be charged for heavy soiling, un‐removable stains and candle wax at full replacement cost.