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Terms & Conditions

HIND - TERMS AND CONDITIONS OF SALE

  1. DEFINITIONS
  2. ACCEPTANCE OF TERMS AND CONDITIONS
  3. DURATION
  4. CONSTITUTION OF AGREEMENT AND SIGNATURE
  5. NULLITY
  6. LANGUAGE
  7. APPLICABLE LAW
  8. HOTEL SERVICES GENERALLY
  9. RESERVATION OF PARTNER SERVICES
  10. RESERVATION PROCESS
  11. RESPONSIBILITIES
  12. PRIVACY AND PERSONAL DATA PROTECTION
  13. PRICES
  14. PAYMENT
  15. FORCE MAJEURE AND RELOCATION
  16. HOTEL STAY
  17. COMPLAINTS AND DISPUTES
  18. AMENDMENT OF TERMS AND CONDITIONS
  19. CANCELLATION OR MODIFICATION BY THE CUSTOMER
  20. CUSTOMER SERVICE

 

  1. DEFINITIONS
    • The terms used in this document are defined as follows:
      • conditions of sale for the rate reserved means the conditions for each reservation made by a customer, including whether the reservation can be modified or cancelled.
      • customer means any individual acting for purposes that do not fall within the context of his commercial, business, or professional activity.
      • email means any message, in text, voice, sound, or image format, sent by a communication network and stored on a network server or in the recipient’s workstation equipment.
      • force majeure means that which would usually be recognised as a force majeure event by the New Zealand courts.
      • HIND means Hind Properties Limited, a limited company, registered in New Zealand with Companies Office registration number NZBN: 9429037081454  (having its principal place of business at Unit 14a, 155 Queen Street, Auckland 1010, New Zealand, telephone: +64 9 304 0745) and all of its subsidiary and parent companies and related entities including Sudima Hotel group entities.
      • mobile services means all services, technology and protocols making it possible to connect mobile terminals to the Internet, and in particular, enabling consultation and reservation of hotel services.
      • online reservation mean reservation of hotel rooms through the virtual reservation form on the website or mobile services of HIND or its partners.
      • Partners means the providers of services available through the HIND website or its mobile services and/or providers who enable users to access the website or mobile services via their own websites, mobile services or any other tool. Including, tour operators, car rental companies, train and plane ticket providers and price comparison websites.
      • partner service means reservation of hotel rooms whose main features are given on the hotel listings available on the website, mobile services and/or any other tool of its partners.
      • reservation request means a request for service or product submitted by the customer via the website or mobile services of HIND or its partners.
      • service or product means any service or product offered by HIND, including reservation of hotel rooms whose main features are given on the HIND website or mobile services.
      • website means an electronic service on the Internet, in respect of HIND’s websites it includes www.hindmanagement.com and www.sudimahotels.com which may be updated or changed without notice from time to time.

 

  1. ACCEPTANCE OF TERMS AND CONDITIONS
    • These terms and conditions apply to all reservations made with HIND, including on the Internet, via the website or mobile services, or its partners.
    • By ordering services and products from HIND, customers accept and warrant that:
      • they have full legal capacity to agree to these terms and conditions;
      • they fully and unreservedly agree to these terms and conditions of sale;
      • they agree, subject to notification by the customer to the contrary, to any further conditions of sale, including those specific to the rate reserved, put forward by HIND by email;
      • they agree to the service’s or product’s rate or cost at the time of reservation;
      • the reservation of these services is for the customers own personal use; and
      • they have received sufficient information from HIND for the purposes of these terms and conditions.
    • Customers acknowledge that they do not have consumer rights in the event of the reserved services being used for the purpose of commercial, business, or professional activities.
    • No reservation is possible without agreeing to these terms and conditions in full.

 

  1. DURATION
    • These terms and conditions apply for the entire duration that HIND services, and partner services, are available on the website and mobile services.
    • HIND reserves the right to temporarily or permanently shut down access to its website and/or mobile services or online booking space without notice.
    • The binding version of the terms and conditions for any given customer is the one in force at the time of reservation.

 

  1. CONSTITUTION OF AGREEMENT AND SIGNATURE
    • The parties’ agreement will be exclusively and entirely constituted by the following documents, in descending order of priority:
      • These terms and conditions.
      • Any conditions of sale communicated by HIND.
      • The reservation form or request (covering the specific conditions of the rate reserved).
      • Any applicable partner’s terms and conditions (if any).
    • No condition communicated by the customer will be incorporated into the agreement between the parties.
    • The customer’s entry of necessary banking details, on a website or mobile service, constitutes an electronic signature equivalent in value to a physical signature on paper between the parties.
    • The customer is also taken to have accepted any publicly available policies provided by HIND on its website, or elsewhere, including HIND’s privacy policy statement and cookies policy.

 

  1. NULLITY
    • If any of these terms and conditions are found to be invalid under the application of a law or following a definitive decision by a court of law with the appropriate jurisdiction, the remaining clauses maintain their validity and their scope.

 

  1. LANGUAGE
    • If these terms and conditions of sale are translated in a foreign language, the English language will prevail over any other translation.

 

  1. APPLICABLE LAW
    • These terms and conditions are governed by New Zealand law without obstructing any mandatory protective provisions that may be applicable in the consumer’s country of residence.

 

  1. HOTEL SERVICES GENERALLY
    • The website and mobile services enable customers to reserve rooms and products of the various brands managed by HIND .
    • These terms are applicable to websites and mobile services and any other website or mobile service that HIND operates, including to the reservation or ordering of services and products, for all brands managed by HIND, with the exception of services which are reserved with partners of HIND.
    • Reservation of the services or products of any partners of HIND, whether through HIND’s websites and mobile services or not, are subject to the terms and conditions of the partner of HIND. Reservation of those services or products, does not create obligations, liabilities, or contracts with HIND .
    • The website and mobile services, and any agreement under these terms and conditions, will include the following details which form part of the agreement between the customer [] and HIND:
      • The legal notice enabling precise identification of HIND as part of the Hind Group and stating its relevant contact details;
      • The main features of the accommodation offered (hotel facilities may be viewed at the reservation stage depending on the hotel selected);
      • Additional services offered (valid only on the website);
      • Prices;
      • General terms and conditions and conditions of sale for the rate reserved;
      • Validity of the offer and its price;
      • Minimum length of the proposed contract, if applicable; and
      • Methods of payment accepted.

 

  1. RESERVATION OF SERVICES OF PARTNER
    • HIND contracts with third-party entities, such as travel websites, booking platforms and travel agents to advertise and reserve HIND’s services and products on the third party’s website(s) and mobile services(s), in which case customers accept and warrant that they fully and unreservedly agree to:
      1. the third-party’s terms and conditions; and
      2. these terms and conditions.
      3. The following information is provided as part of the reservation process via any website or mobile services of a third-party partner:
      4. Prices;
      5. The main features of the accommodation offered;
      6. Terms and conditions and conditions of sale for the rate reserved; and
      7. All methods of accepted payment.

 

  1. RESERVATION PROCESS
    • Prior to any reservation, customers must complete the information required on the reservation form or request either on a website or mobile services of HIND, or the same of a partner service.
    • Once a reservation form is submitted, a reservation is deemed to have been made on receipt of the reservation form or reservation request by HIND.
    • Customers attest to the truth and accuracy of any information submitted on a reservation form.
    • The reservation process includes the following main steps:
      • Step 1: Finding a hotel and selecting a room and rate.
      • Step 2: Selecting, where applicable, one or more supplementary services (applies to the website only).
      • Step 3: Checking the reservation details, total price and applicable terms and conditions of sale, and making any necessary changes to the selection (room, rate, supplementary services), in the case of online reservations only.
      • Step 4: Completing the customer’s details.
      • Step 5: Entering credit card details in the case of guarantee request or prepayment.
      • Step 4: Consulting and accepting the HIND terms and conditions, any specific partner conditions and any conditions of sale for the rate reserved before confirming the reservation. 
      • Step 7: Reservation confirmation by the customer.

 

  1. RESPONSIBILITIES
    • Photographs displayed on the website and mobile services of HIND, or its partners, are merely indicative.
    • HIND is not responsible for the non-fulfilment, or inadequate fulfilment, of the reservation in cases of force majeure, unpredictable or insurmountable actions of third parties, or actions of customers, in particular the non-availability of an Internet network, inability of accessing the website, external intrusion, computer viruses, or non-authorised prepayment by the card holder’s bank.
    • Hyperlinks may be used by HIND to link to sites other than the HIND website or mobile services. HIND  accepts no responsibility for the content of these websites or the services offered on them.
    • Partners are responsible for the promotion of the offers published on their own websites, mobile services and/or any other tool for accessing the website and/or mobile services.
    • Any reservation or payment that is irregular, ineffective, incomplete, or fraudulent for any reason attributable to the customer will result in the cancellation of the order at the customer’s expense without any liability to HIND.

 

  1. PRIVACY AND PERSONAL DATA PROTECTION
    • Personal information is obtained at every stage of HIND’s service lifecycle.
    • All personal information is processed is intended for HIND, its group entities, partners, service providers (in particular providers of online payment) and hotels.
    • If information identified on any online form as mandatory is not provided by the customer, HIND may be unable to accept and register a reservation to which the information relates, or manage the customer’s participation in a loyalty program where relevant, or manage complaints made by the customer where relevant.
    • Customers have the right to reasonably oppose for, to question, to access and correct their data by writing to HIND.
    • HIND may email customers its Newsletter, promotional offers and satisfaction questionnaire following a hotel stay. A link allowing customers to unsubscribe can be found at the bottom of all commercial marketing emails.
    • HIND may process personal data for the purposes of prevention and safety of property and persons, and to respond to outstanding debts. For these reasons, the hotel may decide to include in the category of “blacklisted” customers, any customer whose behaviour has been inappropriate including through aggression, rudeness, breach of contract, failure to observe safety rules, theft, damage, vandalism, or payment issues. The blacklisted status may cause HIND to refuse that customer’s future reservation(s). Data relating to the identity and blacklisted status of the customer maybe used by HIND and its partners.
    • HIND may archive (in electronic or paper format) customer information from the time of the conclusion of the contract and until services have been provided, for a period of ten (10) years, and guarantees access to this document at any time during this period.
    • Any computerized records retained by HIND will be kept, subject to reasonable levels of security, and may be used as proof of communication, orders and payments between the parties.

 

  1. PRICES
    • Prices relating to the reservation of services or products are indicated before and during reservation.
    • Prices are confirmed to the customer inclusive of GST in New Zealand Dollars and are valid only for the period stated on the website or mobile services. Any change to the applicable GST rate will be automatically reflected in the prices shown on the date of billing.
    • If payment to HIND is made in a currency other than the currency confirmed on the reservation, the customer is liable for the exchange fees.
    • Unless stated otherwise, additional services (such as breakfast, half-board, 3xpax rates, full-board etc.) are not included in the price.
    • Any change or introduction of new legal or regulatory taxes will be automatically reflected in the prices shown on the date of billing.
    • Any stated conversion into foreign currency is given as an indication and is non-contractual. Only the currency confirmed on reservation is guaranteed (if this currency is different from the one used in the hotel, possible exchange fees will remain the customer’s responsibility).
    • If a rate states that payment is to be made on arrival at or departure from HIND and the customer’s currency is not the same as that of the hotel, the rate debited by the hotel may differ from that indicated when the reservation was made, on account of a possible difference between the exchange rate on the date of reservation and the dates of the hotel stay.
    • Certain promotional offers available on the Internet are sold exclusively on the Internet and are not available at the front desk of the hotel.

 

  1. PAYMENT
    • A 1.5% credit card surcharge will apply to all charges by credit card.
    • Customers provide their bank details as a guarantee of any reservation, using a credit card or charge card (Visa, MasterCard, American Express, Diners Club etc.). The card used must be valid at the time of the stay and HIND may also ask for a piece of identification in order to prevent bank card fraud.
    • Payment is debited by HIND during the stay, except to the extent of a special condition or rates when payment is made at the time of reservation in which case payment serves as a deposit.
    • In the case of a rate subject to prepayment online, the amount paid in advance, namely the deposit, is debited at the time of reservation.
    • HIND may ask the customer, on arrival, for a deposit or an authorization to debit the credit card if one has not already been given, in order to guarantee payment of the amounts corresponding to the services provided by HIND.
    • Members of any HIND hotel loyalty program can use their points to reserve all or part of a stay on the HIND  website or mobile services, provided that:
      • They have reached the requisite number of points.
      • The hotel selected is participating in the relevant loyalty program.
      • The reservation is eligible, subject to availability, at the hotel selected by the customer.
    • Use of hotel loyalty program points are subject to terms and conditions specific to that program, as amended by HIND without notice, from time to time.
    • In the event of a no-show (reservation not cancelled and the customer fails to arrive) when a reservation has been guaranteed by credit card, the hotel will debit the equivalent to the amount of the first night’s stay, from the customer’s credit card that was given to guarantee the reservation. Any additional nights reserved will be cancelled without charge unless indicated otherwise in the conditions of sale for the rate reserved.
    • The validity of the customer’s payment card is verified by the payment service provider nominated by HIND to secure online payments by credit card from time to time.
    • Payment cards may be refused for several reasons including concern regarding stolen or blocked card, credit limit reached, entry error etc.
    • At the time of prepayment, the amount debited for the reservation includes the price of accommodation, taxes related to the accommodation, the price of meals, taxes related to meals and any other supplementary services and products selected by the customer.

 

  1. FORCE MAJEURE AND RELOCATION
    • If either party is unable to perform any of its obligations, under an agreement, due in the any way to a force majeure event, that party is entitled to terminate such agreements.
    • Notwithstanding any other clause in these terms and conditions, neither party will be liable to the other party in the event of a breach of its obligations resulting from a force majeure event.
    • In the event that the hotel chosen as part of a reservation is not available, or in cases of force majeure, the hotel reserves the possibility of accommodating the customer totally or partially in an equivalent hotel for the same type of services. Any additional cost of the room, transport between the two hotels or telephone calls remain the responsibility HIND.

 

  1. HOTEL STAY
    • Customers undertake and warrant to use their room responsibly.
    • Any conduct contrary to accepted standards of behaviour and public order may result in HIND asking the customer to leave the hotel with no compensation, and/or refund if a payment has already been made. If no payment has been made, the customer will pay the price of nights already stayed before leaving the hotel.
    • Customers undertake and warrant to respect any guest standing orders and/or regulations specific to a hotel or globally applied by HIND.
    • In the event that a customer fails to respect one of the provisions of a hotel’s guest standing orders and/or regulations, HIND may evict the customer from the hotel with no compensation, and/or refund if a payment has already been made.
    • Some hotels offer WIFI access for customers to connect to the Internet. Customers undertake and warrant to ensure that computing resources made available to them by the hotel are only used for legal means, and incur no criminal or civil liability and that, if such liability is created, the customer indemnified HIND for any losses.
    • Customers warrant and undertake to comply with the security policy of HIND and its Internet service provider, and with the rules for the use of security resources whose purpose is to prevent the illicit use of computing resources, and to refrain from any act that might undermine the effectiveness of these resources.

 

  1. COMPLAINTS AND DISPUTES
    • Complaints relating services or products covered by these terms and conditions must be made known to HIND, in writing, within eight days of the date of departure from the hotel.
    • In the event of a dispute relating to these terms and conditions:
    • Customers should first contact HIND to attempt to resolve the dispute amicably.
    • If the response is not satisfactory, or in the absence of a reply within sixty (60) days, or in any event after twelve (12) months, customers may contact the Mediator for Travel and Tourism for HIND.
    • customers are obliged to have recourse to mediation, or to any alternative method of dispute resolution that HIND may request, prior to the customer filing proceedings.

 

  1. AMENDMENT OF TERMS AND CONDITIONS
    • These terms and conditions, and other contractual documents, may be modified and/or supplemented at any time by HIND.
    • Upon amendment, the new version of the terms and conditions will be put online by HIND and will automatically apply for all customers with immediate effect, except for reservations made prior to the date on which the terms and conditions were published, for which the previous accepted version of the terms and conditions remain applicable.

 

  1. CANCELLATION OR MODIFICATION BY THE CUSTOMER
    • Reservations with prepayment cannot be changed and/or cancelled in any way. Sums paid in advance as a deposit cannot be refunded.
    • Reservations can be cancelled directly by a customer on the website, or mobile services, subject to these terms and conditions.
    • Changes to reservations can be made directly with the hotel.
    • If the stay is terminated early by the customer, the customer will pay the full agreed price.
    • Unless expressly stated otherwise, customers must vacate their room before midday on the final day of the reservation. Failing this, an additional night will be charged.
    • Reservations are personal and cannot be transferred to a third party, whether free, at a cost, or for commercial purposes.

 

  1. CUSTOMER SERVICE
    • Customer Service is available to handle any complaints relating to HIND services and products.
    • To write to HIND for any matters relating to these terms and conditions use the following contact information:

 

By email: info@hindmanagement.com
By post: Sudima Hotels and Resorts
Level 14, 155 Queen St, Auckland 1010
PO Box 106 584, Auckland Central 1143