Terms of Service

Duke Terms OF SERVICE

 

1  - Introduction

 

1.1  -  The following terms and conditions (“terms”) apply to all bookings with The Duke of Marlborough Hotel (“we”, “our”, “us”).

1.2 -  By booking accommodation with us, you accept these terms and agree to be bound by them when you make a reservation with us.

1.3  -  These terms also apply to “Duke Experience” and any other Duke package booking with the intent that all the services included in a package are provided in accordance with these terms.  The Duke of Marlborough Hotel and Charlotte’s Kitchen (Paihia) all have common ownership.  If a package is booked that includes services at one of those establishments, it may be charged at another.

1.4  -  We may vary these terms at any time without notice to you.  The terms applied will be those that are in place when you make the booking, so please ensure you review our terms on each occasion before booking your stay with us.

 

2 -   Reservations

 

2.1  -  Group Bookings: Available upon request (Email: [email protected] Phone: +64 (09) 403 7829).  Please refer to our separate Group Booking Terms available on our website or through this link: Group Booking Terms.

2.2  -  An accommodation booking is for a category of room.  We are not obliged to provide a specific room/unit unless that has been agreed in writing by us prior to your date of arrival.

2.3  -  You must be at least 18 years old to book or check into a room/unit and at least one of the staying guests must be at least 18 years old.

2.4  -  If you represent an organisation or other person(s) when booking our accommodation, you warrant that you have the authority to bind that organisation or other person(s) and that it/they will be bound by these terms (“you” and “your” refers to the person/organisation making the booking and each actual guest).  The booking may not be transferred into the name of another person without our prior written consent.

2.5  -  Where a booking is made on behalf of another person or organisation, the person or organisation making the reservation and the actual guest will be jointly and severally liable under these terms.  The person making the booking is responsible for ensuring that the guest is aware of these terms.

2.6  -  The price quoted is for the accommodation only and all other costs (such as food and beverages and other services) will be charged separately unless stated otherwise.

2.7  -  There is a set number of guests allocated to each room/unit, as shown on our website.  If your booking exceeds that number, we may require you to pay an additional person charge of NZ$35.00/night for each additional person, or you may be required to book an additional room or unit.  We accept no responsibility if we are unable to meet the accommodation needs of your entire party if your numbers exceed our guest allocation guidelines and you have not made an arrangement with us prior to your date of arrival.

2.8  -  Child Policy: There is no charge for children 12 years and under provided they use the existing bedding supplied.  You can request an additional bed, which is subject to availability and will incur a charge of NZ$35.00.

2.9  -  Changes to Reservation: We will endeavour to meet requests to alter bookings, but are under no obligation to satisfy such requests and can provide no guarantee that we will be able to do so.  Changes to the dates of the booking, the category of room, or the number of rooms booked together after the booking has been confirmed may require an adjustment in price.  You agree to either accept any necessary price variation we require or to cancel the booking (refer below to Cancellation).

 

3  -  Arrival and Departure

 

3.1  -  Check-In time is 3pm (NZ time) on the arrival date.  Please advise your approximate time of arrival when making your reservation.

3.2  -  The credit card guarantee given at the time of booking ensures that your reservation will be held from 3pm on the day of arrival until 10am the following morning.  If you have not arrived by 10am the following day, then the total amount for your booking (inclusive of all rooms and days booked) is due and non-refundable and we may offer the room(s) to another guest without any compensation to you if we are able to replace your booking.

3.3  -  Check-Out time is by 10am on the agreed departure date.  If the room is not vacated by this time, then we may charge the following rates to compensate for the additional use of the room and costs incurred by the delayed availability: 50% of the room rate for that night if vacated by 12 noon; 75% of the rate if vacated by 4pm; after 4pm the full amount of the room rate.

3.4  -  Photo ID must be produced upon Check-In to verify your reservation.

 

4  -  Prices

 

4.1  -  Accommodation prices are as advertised on our website at the time the booking is made, or otherwise as agreed in writing by us prior to the date of arrival.

4.2  -  All prices are in New Zealand dollars.  We accept no responsibility for quotes given in different currencies.

4.3  -  All prices and charges are inclusive of New Zealand Goods and Services Tax (GST), which is currently 15% and which we are required by law to add to all goods and services sold or used.  If the rate of GST changes between the time of the booking and when the goods and services are consumed, we reserve the right to charge you the amount of the additional GST increase.

 

5  - Payment

 

5.1  - When you book with us online (via our website), you will pay the full price of the accommodation booking at the time of making your reservation.

5.2  -  When you book with us over the phone or via email, a deposit equivalent to the first night’s stay is charged to confirm your booking.  Bookings are guaranteed with a valid credit card at the time of reservation.

5.3  -  If you wish to pay by credit card, a 2% administration fee may be charged at our discretion.

5.4  -  If you have not paid in full at the time of booking, you agree to pay for your booking in full immediately upon departure/receipt of our invoice.  Any additional charges incurred during your stay will also be due and payable upon departure/receipt of our invoice.

5.5  -  You agree to pay for any services booked or used and/or goods consumed whilst a guest with us according to the price tariffs provided by us on-site.  This also applies to services and expenses that you request us to provide via any third party, where we incur a cost on your behalf.

5.6  -  When you check-in with us you will be required to provide a credit card authorisation to guarantee the payment of any incidental charges.  If you have not paid for any incidental charges when payment is due, or if we incur damage or loss in connection with your booking, we may use the credit card authorisation to cover those costs.  If you are unable to provide a credit card authorisation that is acceptable to us, then you will be required to pay a refundable deposit of $300.00 on check-in.  Upon your departure, any refund due from such deposit (after any costs incurred) shall be returned to you.  If you are unable to provide authorisation or a deposit, we may cancel your booking without refund to you.

5.7  -  During your stay we may interim bill you for additional services received at any time, with such invoice payable on receipt.

5.8  -  You will automatically be in default if you fail to make payment when payment is due.  We will be entitled to charge interest at the rate of 10% per annum calculated daily until payment is made in full, including for all subsequent costs and charges.  You indemnify us for all costs (including on a solicitor-client basis) incurred in recovery of the debt.

5.9  -  We accept Visa, Mastercard and American Express credit cards.  Diners Club credit cards are not accepted.

 

6  -  Cancellation

 

6.1  -  Cancellations of bookings will incur the following charges:

a  -  Bookings canceled with more than 14 days’ notice will be fully refunded;

b  -  If the booking is canceled 7 - 14 days from your arrival date, you will be charged 50% of the total cost of the booking;

c  -  If the booking is canceled on or within 7 days of your arrival date, you will be charged the full cost of the booking; and

d  -  If you do not use all of the rooms or stay the full duration of your booking, you will still be charged the full cost of the booking (unless the unused portion is canceled in accordance with (a) or (c));

e - If you need to cancel due to COVID-19 or a similar outbreak due to government restrictions, you will be fully reimbursed the total of your deposit amount, or held as a credit to rebook in the future. 

6.2  -  If we have incurred any cost or liability on your behalf towards a third party prior to your cancellation, then you agree to pay in full such costs or liability, notwithstanding cancellation.  Any bookings made with a third party are not our responsibility and we are not obliged to provide any refund for such bookings.  You must contact any third party provider and make your own arrangements with them.

6.3  -  We retain the right to cancel or relocate any bookings without notice.  We will not be liable for any losses, damages, costs or expenses incurred by you as a result of any cancellation by us.

6.4  -  Cancellation will not operate as a waiver to any breach of these terms and will be without prejudice to any rights, liabilities or obligations either party has accrued up to cancellation.

 

 

7  -  Limitation of Liability

7.1  -  Notwithstanding anything else contained in these terms, our liability in respect of all claims, whether in contract or in tort, will not in the aggregate exceed the cost of the booked accommodation.

7.2  -  To the fullest extent permitted by law, we make no representations or warranties, express or implied, in relation to the type, standard or quality of goods or services that we or a third party may provide and we accept no liability for the provision of the same.  This includes, without limitation, liability for economic and consequential losses, any damages and costs, all claims involving personal injury and/or death and all loss, damage or destruction of property.

7.3  -  We are not responsible for any errors or omissions made when you enter your booking on our website.

7.4  -  We accept no responsibility for any representations made by third parties on our behalf, including prices quoted on third party websites.  We are not responsible for any information supplied or bookings made through an intermediary.

7.5  -  We are not responsible for your personal effects or equipment stored in our rooms or premises or left in vehicles and will not be liable for theft, disappearance or damage to the same.

7.6  -  You indemnify us in respect of any liability, loss, damage, cost and expense of any nature arising out of or in connection with your booking.

7.7  -  If you acquire our goods or services for the purposes of business, then the NZ Consumer Guarantees Act 1993 will not apply to the provision of those goods or services.

7.8  -  Force majeure: We will not be in breach of these terms or in any way liable if we are prevented from complying with these terms due to an Act of God, act of public enemy, war, earthquake, riot, fire, storm, flood, explosion, pandemic or worldwide illnesses, compliance with any law or government requirement, rule or regulation, strikes, lock outs, or any other cause not reasonably within the our control.

 

8  -  General

 

8.1  -  We do not consent to the use of our intellectual property by any other person or organisation without out prior written approval.  We do not sanction any third parties to act as our agents.

8.2  -  All bookings shall only be for the purpose of hotel accommodation (excepting separate hire of the Function Room).  No gatherings or parties are allowed and we reserve the right to evict any additional occupants.  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.

8.3  -  Smoking is not permitted in any of the rooms and non-compliance with this may incur an additional cleaning fee.  No animals are permitted except for Guide and Hearing Assistance dogs.

8.4  -  If you have a balcony or deck off your room, this area may only be accessed up until 10pm.  We reserve the right to remove people from rooms if in our opinion noise levels exceed acceptable levels or your behaviour is reducing the enjoyment levels of other guests.  In such circumstances, we shall still be entitled to charge you in full for the accommodation booked and for any other goods and services consumed and/or booked.

8.5  -  You warrant that you will comply will all statutes, regulations and local authority bylaws and with our own safety rules and staff directives whilst you are a guest with us.

8.6  -  These terms are subject to the laws of New Zealand.  All disputes between the parties shall be determined by the courts of New Zealand, and the parties submit to the exclusive jurisdiction of the same