Event, Retreat and All Vistors to Lakewood Lodge Terms and Conditions
16 September 2020
The following terms and conditions form the basis of your contract with Lakewood Lodge Ltd (‘LL’, ‘we’ or ‘our’). Please read them carefully as they set out your and our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have read these terms and conditions, that you agree to them and you agree to them applying to your arrangements that you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you.
References in these booking conditions to your ‘Camp/Event/Stay’ are references to the event, retreat, celebration, wedding, away-day, to-stay booking or any other kind of event you have booked with LL.
Compliance with instructions and regulations: During the term of your Camp/Event/Stay, you agree to strictly observe and comply with all regulations and instructions given by to you by LL or any of its employees.
Acceptance of Risk: You acknowledge that LL is an adventure activity centre, which includes activities such as climbing, exploring, horse riding, swimming, kayaking and many other risk activities. You further acknowledge that you fully understand and are prepared to assume such risks. LL accepts the booking on the basis that you release and absolve LL, its agents, employees, owners, operators and invitees thereof from any and all damages resulting from death or personal injuries, including loss of services, which may be sustained on account of, arising from, or in connection with the Camp/Event/Stay.
Shared Safety Responsibilities: LL commitment to the safety of its staff and all guest/participants is at the forefront of its operations with our ongoing staff training scheme, commitment to operating to the Health and Safety regulations, having up to date policies and procedures in place to ensure we are operating to the highest standards and honouring our commitment to our staff and guest/participants. LL shares all safety responsibilities with the Lakewood Lodge Visiting Party and by accepting our terms and conditions you are agreeing to Consultation, Cooperation and Coordination with LL to ensure we are sharing all safety responsibilities.
By accepting these terms, you are confirming that you have:
- Read LL RAMS and have raised any concerns for managing the risks or contacted LL Senior Management to manage concerns and/or risk
- Have had the opportunity to review LL Safety Management Systems which is available to you by request
Defined Roles and responsibilities:
- The Lakewood Lodge Visiting Party is responsible for ensuring LL has the correct number of guests that will be onsite (children and adults). This includes parents/teachers or principals visiting for the day.
- The Lakewood Lodge Visiting Party is responsible for ensuring all conditions (medical, allergies and/or anything else that is reasonable for Lakewood Lodge to be informed of) no matter how big or small are disclosed to LL with appropriate risk management and/or health and safety procedures in place.
- The Lakewood Lodge Visiting Party is responsible for ensuring all of LL Safety Management Systems are observed at all times.
- The Lakewood Lodge Visiting Party is responsible for ensuring all adults, teachers and support aides are available on the morning of arrival for an orientation with the Operations Manager to discuss the expectations, fire procedures, accident, incident and near miss process, hazard management and LL Health and Safety process and policy.
- LL is responsible for ensuring we have provided you with its Safety Management Systems
- LL is responsible for coordinating all fire and emergency procedures with the support of the Lakewood Lodge Visiting Party
- LL is responsible for managing on site Hazards and/or incidents that may arise
- LL is responsible for ensuring its Safety Management Systems are up to date and meet the Health and Safety Regulations Act.
Damage and Loss of Property: You also agree to pay compensation at full current market value to LL for any and all damages or loss of property and equipment belonging to LL or its employees while in your care. This liability waiver entirely subject to the terms and conditions contained in this document, which have been read, understood and unconditionally agreed to.
Prices, Deposits, Payments: Your booking price will be set out on our quotation unless it is varied by necessity, including without limitation, to cover changes in government taxes and charges, exchange rate variations, a force majeure event or other material increases by suppliers. Once you pay your deposit your Camp/Event/Stay price is guaranteed (except for any changes resulting from a force majeure event – see below). A security deposit of 20% per person, per Camp/Event/Stay is required within seven days of booking confirmation. Final payment of the balance of your Camp/Event/Stay price is due immediately on completion of your Camp/Event/Stay unless otherwise agreed in writing. If LL is unable to confirm your booking, all monies will be refunded. Deposit held in credit will exclude fees imposed by third parties. In the event of cancellation, these fees will be deducted from the deposit paid. Credit Card facilities are not available at LL. The issued deposit invoice details the minimum number of students that will be charged for.
Bookings for Minors: Bookings for children under seven years of age are not recommended unless accompanied by a caregiver who will be charged for at full rate. Children under 18 years of age must be accompanied by an adult (free of charge) in the ratio of one adult to 10 children unless otherwise agreed with LL.
General Health and Fitness: A good level of fitness and health is required to participate on LL’s Camp/Event/Stays’. We recommend a visit to the doctor and dentist before travelling to LL. It is your responsibility to advise LL of any pre-existing medical conditions or health and mobility related concerns that may affect the normal conduct of a Camp/Event/Stay and the enjoyment of other clients.
Insurance: Insurance is not included for any clients.
Special Requests: Where a special request (e.g. diet, room location, and/or particular meals) is an important factor in your choice of Camp/Event/Stay, you must advise us when your booking is made. LL cannot guarantee that it will be accommodated. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
Changes or Additions to Your Camp/Event/Stay: If you want to change any part of your Camp/Event/Stay arrangements after the invoice has been issued, we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by the person who made the original booking, or his or her agent. If it is possible to make the change, it will be subject to an administration charge and payment of any further costs incurred as a result of the change. There is no refund for unused services or if portions of the Camp/Event/Stay are missed. If more people are booked after the deposit invoice has been paid, the fees will be adjusted accordingly in the final invoice.
Cancellation Policy – For all Camp/Event/Stays’ and once the booking is confirmed by the payment of a deposit, no refund will be given unless a replacement booking suitable to LL is confirmed. All cancellations must be received in writing by LL and are not effective until this notification has been received.
Information Accuracy – LL has endeavoured to ensure that the information given to you about accommodation, itineraries etc., is correct to the best of its knowledge at the time of providing the information. Camp/Event/Stay itineraries may change or be different from those described as a result of local conditions, weather conditions, annual events, etc. LL will endeavour to notify you of any significant changes prior to your arrival at LL.
If we change or cancel your Camp/Event/Stay before your arrival – LL endeavours to provide you with all the services confirmed to you at the time of your booking. On occasions changes do have to be made, and LL reserves the right to cancel or amend Camp/Event/Stays’/excursions accordingly.
Force Majeure: Force Majeure means the occurrence of an event that is beyond LL’s reasonable control and which could not have been reasonably prevented by LL, which includes, but is not limited to: (a) war, armed conflict, pandemic, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in New Zealand which includes changes in statute, regulation, determination, by-law, declaration, licence and the common law as applicable from time to time.
Termination of Booking Contract due to Force Majeure – If LL, in its reasonable opinion, considers that any Force Majeure event prevents LL (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject of the booking contract with you, LL may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change any of your arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.
Limitation of Liability in the Event of Force Majeure – In the event that LL cancels or changes your travel arrangements in any way due to a Force Majeure event, LL will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly):(a) the cancellation or change to your travel arrangements; or (b) the Force Majeure event. LL is not liable to refund any part of the deposit or purchase price paid by you if LL subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. Force Majeure events are unpredictable and beyond LL’s control. It is your responsibility to purchase travel insurance to adequately protect yourself against these risks.
Personal Belongings and Lost Items – Except as required by New Zealand law, LL will not be held liable for the loss of any personal items. For security reasons valuables should not be brought to Camp/Event/Stay. It is your responsibility to look after your property at all times and you must ensure you are adequately covered by insurance in the event of any loss.
Photographs: You give irrevocable permission for LL to take photographs for the duration of your Camp/Event/Stay and that LL may use the photographs for marketing purposes.
Data Protection Policy: Your personal data will be passed on by LL to any relevant independent suppliers connected with your Camp/Event/Stay who need to know it so that your Camp/Event/Stay can be provided and may also be provided to government/public authorities such as customs, immigration and the security services as required. All personal data you give us (including sensitive personal data) will be kept. We will use only names and contact details for marketing purposes unless you notify us that you do not wish to receive future marketing material by writing to LL, 585 Glen Murray Road, Huntly 3772, New Zealand.
Limitation of Liability: Our Camp/Event/Stays’ may include the services of independent providers, such as coach companies and other operators, who are not agents, servants or employees of LL. Although we take care in selecting the independent service providers and the excursions conducted by some independent service providers, LL is not responsible for the conduct of the independent service providers, their servants and agents or for any ramifications of that conduct.
Smoking – There is no smoking anywhere at LL, except in designated areas.
Alcohol and non-prescription drugs are not allowed to be brought onto LL facilities and police assistance will be sought if they are found or suspected.
Medical Assistance: Although LL staff hold New Zealand First Aid qualifications, LL does not employ fully trained medical staff. If you require medical attention beyond the qualifications/capabilities of LL staff, local medical services will be contacted immediately. You are responsible for all charges that result from a visiting a medical facility, or for a medical practitioner visiting you. LL is not responsible for the type or quality of the medical services you may receive.
General: If, in the opinion of any representative of LL, your mental or physical condition is such as to affect your own health and safety, render you incapable to care for yourself, cause you to became a hazard to yourself or other clients or result in you becoming objectionable to other clients or staff, you will not be permitted to start your Camp/Event/Stay or continue on the whole or any part of the Camp/Event/Stay. At the total discretion of LL, you may be required to permanently leave the LL facilities. LL is not liable to you for any costs associated with such a decision and you will not be refunded for any part of the Camp/Event/Stay.
LL accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its control.
Any term, condition or warranty express or implied by New Zealand statute or otherwise in respect of the LL Camp/Event/Stays’ contained are excluded to the full extent permitted by law.
To the full extent permitted by New Zealand’s law, LL’s liability arising under or in connection with these conditions: (a) is limited to the re-supply of the products or services or the payment of the cost of re-supply of the products or services to you; and (b) excludes liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.
Service Enquiries: If a problem occurs during your Camp/Event/Stay you should, in your own interests, advise an LL director immediately so that steps can be taken to resolve the matter. If you remain dissatisfied, any complaint must be made in writing to LL within 30 days of the event taking place.