Terms & Conditions

Ōpuke Thermal Pools & Spa

(Methven Adventures Ltd)

Terms and Conditions  

General 

Entry into Ōpuke Thermal Pool and Spa and the purchase of our products constitutes the acceptance of, and agreement to, all Ōpuke Thermal Pool and Spa terms and conditions as outlined in this document

General Terms and Conditions 

1. This Agreement and your rights under it may not be transferred or assigned to a third party. 
   
   
2. No right under this Agreement shall be deemed to be waived except by notice in writing signed by both parties. A waiver will not prejudice rights in respect of any subsequent breach. 
   
   
3. The Terms and Conditions are governed by the laws of New Zealand. We both agree to submit to the non-exclusive authority of the Courts of New Zealand. 
   
   
4. You agree to comply at all times with: 
   (a) this Agreement.
   (b) any rules of use as displayed at the Facility. 
   (c) any new rules and conditions advised by the Facility; and 
   (d) any lawful and reasonable directions notified to the Facility, by relevant authorities, at any time.
    
5. We reserve the right to refuse entry to the Facility to any person. 
   
   
6. In the interest of public health, please do not enter the water if you or your child have open sores or wounds or have had diarrhoea or vomiting in the last 48 hours. 
   
   
7. Please do not enter our facility if you, or any of your close contacts, have symptoms of Covid-19 or have been in close contact with anyone who has symptoms of Covid-19 in the last 2 weeks.
   
   
8. When using the Facility, you must: 
   (a) not behave in a manner that is offensive, threatening, inappropriate or dangerous;
   (b) or not carry out any illegal activities; and 
   (c) comply at all times with our health and safety requirements, including those directed to your own health and safety. 
   
   
9. Our decision as to what constitutes offensive, threatening, inappropriate or dangerous activity is at our sole discretion and will be final and binding. 
   
   
10. When in the pools swimmers must:
    (a) wear clean and appropriate swimwear that does not hinder movement or make swimming more difficult.
     
    (b) not wear any items of clothing that we consider, in our sole discretion, may constitute a hazard to you or to other swimmers, or that will make being in the pool unsafe for you. Clothing items that may not be worn by swimmers while they are in the pools include but are not limited to jeans, jerseys, heavy items of clothing, street footwear etc. 
    
    
11. An approved swimming nappy must be worn by children aged under 3 years of age and those recently toilet trained when using the pools. These can be purchased from reception. 
    
    
12. Neither alcoholic beverages nor drugs are allowed to be brought into the Facility and anyone deemed, in our sole discretion, to be under the influence of alcohol and/or drugs will be refused not be allowed entry and/or will be asked to immediately leave the Facility.
     
13. This is a smoke free facility. Smoking and vaping is not permitted at any time at any areas of the Facility. 
    
    
14. Glass is not permitted in the facility. 
    
    
15. Only food and beverage purchased from our facilities can be consumed while onsite.

Supervision of Children 

1. All children aged under 14 making use of the Facility must be accompanied and supervised by a Responsible Caregiver over the age of 16. 
   
   
2. We may at any time ask a person who appears to be acting as a Responsible Caregiver to show a valid and acceptable form of photo identification to verify their age (for example, a driver’s licence, certified copy of a passport etc). If that person is not able to provide any such identification, then he or she may be refused entry to the Facility and/or asked to leave the Facility together with all accompanying children. 
   
   
3. Children under the age of 5: 
   (a) children under the age of 5 must at all times be within arm’s reach of a Responsible Caregiver; and 
   (b) no Responsible Caregiver is to be supervising more than 2 children under the age of 5. 
   
   
4. Children between the ages of 5 and 8:
   (a) children between the ages of 5 and 8 must be actively supervised in the water by a Responsible Caregiver. Active supervision means watching your child at all times and being able to provide immediate assistance. 
   
   
5. Children between the ages of 8 and 13:
   (a) children between the ages of 8 and 13 must be accompanied by a Responsible Caregiver;
   (b) no child under the age of 14 may enter the Relax and Unwind pool unless accompanied by a Responsible Caregiver. 
   
   
6. School aged group bookings:
   (a) Adequate supervision by the required number of Responsible Caregivers must be provided across all areas;
   (b) Swimmers who are unable to stay afloat unaided should be within arms-reach of a Responsible Caregiver at all times;
   (c) Weak swimmers must be supervised at a ratio of one Responsible Caregiver to three swimmers;
   (d) Competent swimmers must be supervised at a ratio of one Responsible Caregiver to six swimmers;
   (e) Special needs swimmers must be supervised at a ratio of one Responsible Caregiver to one swimmer.  

Photography 

Photography is prohibited within the change room. Any person that takes a photo in any other part of the facility will be required to ensure no other users are in the photo, unless express prior permission is granted. Staff may, at their discretion, ask to see any photographic device for inspection and request any images be deleted if this rule appears to have been breached. You must immediately cease any photography at the Facility when asked by us.

Cancellation & Refund Policy 

1. Please contact guest services at Soak@opuke.nz   if you wish to cancel or reschedule your booking. 
   
   
2. Refunds will only be made if we receive notification of cancellation at least 24 hours prior to the booking time displayed on the entry pass.
   
   
3. If notification of a booking cancellation is received within 24 hours prior to the time of the booking time displayed on the entry pass, bookings may be rescheduled within 12 months of the original booking time, however no refund will be given.
    
4. No refunds will be provided for cancellations made at the time of, or after, the booking time displayed on the entry pass.
   
   
5. Gift vouchers for the Facility may be purchased. These are non-refundable and will not be replaced if lost.
   
   
6. Customers who do not arrive for their booked session will not be entitled to any refund.
   
   
7. If an entry pass is purchased through one of our third-party partners, that partner’s cancellation policy will apply.
    
8. From time to time, we may be required, or choose to, close parts of the Facility for repairs, general maintenance, refurbishment or health and safety emergencies (including health and safety emergencies relating to Covid-19). If such closure impacts your booking, we may provide, at our sole discretion, a voucher or credit for any such period. 
   
   
9. Holders of an annual, monthly or Multi 10 pass membership, at time of purchase, have a seven (7) day cooling off period in which they can cancel their membership. The refund amount will be determined by how many times the facility has been used in this time by the member and each use will be charged at the standard rate of entry. 
   
   
10. Rollovers, credits, or refunds will be considered for injury or medical reasons upon presentation of a valid medical certificate. Where usage is impacted over only part of the session, any rollover, credit, or refund application will be only at Ōpuke Thermal Pool and Spa discretion. 
    
    
11. Ōpuke Thermal Pool and Spa are not liable for any loss you may suffer for any closure of the Facility, if the cause of closure is beyond our control. 
    
    
12. Ōpuke Thermal Pool and Spa does not provide refunds where the complex or pools may be temporarily closed for safety reasons or for reasons outside our control.

Hours of Operation

1. Our regular hours of operation are Monday to Sunday 0900-2100.
   
   
2. Doors will open at the start of each session.
   
   
3. Pre-booked entry passes entitle the named pass holder access to the Facility at the allocated entry time as indicated on their ticket. Pre booked entry pass holders who miss their allocated entry time, as specified on their ticket, by more than 30 minutes are not guaranteed entry to the Facility.
   
   
4. Session times will not be extended beyond the stated time on entry pass. Any portion of a session missed due to attendee lateness is an accepted lose by the parties involved.

Method of Payment

All transactions are conducted in New Zealand Dollars (NZD). We accept VISA, Mastercard and Eftpos transactions. We do not accept cash or cheques.

Entry Passes

1. All persons using the Facility must present a valid entry pass. Your entry pass will specify a time of entry to the Facility.
   
   
2. Entry passes and products are non-transferable and may only be used by the person whose name it bears. Transferring or re-selling of your entry pass or product is an offence and may result in penalties including loss of access to the Facility and/or possible prosecution.
   
   
3. The following entry passes are available to purchase:
   
   (a) Family pools
   
   (i) Single entry pass: this pass entitles the named pass holder entry to the Facility on a single occasion during the date and timeframe as indicated on the entry pass. Single entry passes are only valid for the named pass holder and are not transferrable
   
   (ii) Family pass: this pass entitles entry to the Facility for 2 adults and 3 children
   
   (b) Adult pools
   
   (i) Single entry pass: this pass entitles the named pass holder entry to the Facility on a single occasion during the date and timeframe as indicated on the entry pass. Single entry passes are only valid for the named pass holder and are not transferrable
   
   c. Multi 10 pass member: this entitles the named pass holder entry to the Facility for the number of visits purchased. Mutli 10 passes are only valid for the named pass holder and are not transferrable. Multi 10 passes can be used during any of the sessions specified in clause 3.1 but are not able to be used for after hour sessions and special events.
   
   d. Monthly and Annual passes: this entitles pass holders to use the Facility for an unlimited number of visits during session times. Annual and monthly passes are only valid for the named pass holder and are not transferrable. Annual and monthly passes can be used during any of the sessions specified in clause 3.1 but are not able to be used for after hour sessions and special events.
   
   
4. A pass holder who holds a valid annual, monthly or Multi 10 pass does not need to book to attend any of the sessions specified in clause 3.1, however if the Facility is at full capacity during any of these periods, we reserve the right to allow entrance on a one-in one-out basis, at our sole discretion. We may also, for any reason in our discretion, implement restrictions on gathering numbers and reduce capacity, and in the event of these restrictions being implemented, pass holders will need to contact the Facility to make a booking.
   
   
5. From time to time, we may offer special promotions. Promotions will be subject to availability and promotional terms and conditions.

Gift Vouchers

1. Vouchers must be redeemed by the expiry date.
   
   
2. Vouchers will be deemed void if notice of cancellation of a booking is not received at least 24 hours prior to the appointment time, or the holder of the certificate fails to arrive at the appointment.
   
   
3. Vouchers may not be redeemed for cash.
   
   
4. Vouchers may be redeemed any day of the week unless otherwise stipulated.
   
   
5. Vouchers are valid for 12 months from the date of purchase.
   
   
6. Expired Vouchers hold no value.
   
   
7. Vouchers are not refundable.

Age and Eligibility Definitions

1. Where entry prices vary according to age the following applies
   
   (a) Adult: a person aged 16 years of age or older
   (b) Child: a person aged 3 to 15 years old
   (c) Infant: a person aged 0 to 2 years old
   
   
2. Where pool entry varies according to age the following applies
   
   (a) Adult/Private Pools: a person aged 18 years of age or older
   (b) Family Pools: all ages
   
   

Ōpuke Thermal Pool and Spa’s Liability to You

1. You may have rights under the Consumer Guarantees Act 1993 or other consumer law. It is your responsibility to use the Facility safely, to take care of your own health and to take care of your own property.
   
   
2. Provided we act with reasonable skill and care, we will not be liable to you for any direct, indirect, or consequential injury, loss or damage suffered by you or to your property in connection with this Agreement or your use and/or membership of the Facility.
   
   
3. In the event we are liable to you for any reason, our liability to you is limited to a maximum amount equal to the value of the fees paid by you under this Agreement in any 12-month period.
   
   
4. Personal injury in New Zealand is covered by the Accident Compensation Act 2001.

Your Liability Ōpuke Thermal Pool and Spa

You indemnify us in respect of all costs (including legal costs), losses, damage and expenses suffered or incurred by us and any other person claiming through us as a direct or indirect consequence of any unlawful, negligent, tortuous, criminal, reckless or dishonest errors, acts or omission of you in relation to your use of the Facility and exercise of your rights under this Agreement. This indemnity survives the termination or cancellation of this Agreement.

Privacy statement

By completing a booking, you agree that we may collect and use that information for the purposes of account administration and marketing. You have a right to see and ask for correction of any of your personal information.

Lost property

1. While we do our best to return possessions left at Ōpuke Thermal Pool and Spa, it may be difficult to identify or contact the owner.
   
   
2. Our policy on retaining lost property, pending inquiry from the owner, is as follows:
   
   (a) Items with an estimated retail value greater than $500 are kept for three months.
   (b) Items with an estimated retail value $100 to $500 are kept for one month.
   (c) Items with an estimated retail value less than $100 are kept for one week.
   (d) When the holding time expires, we donate the goods to a local charity.

WiFi terms of service and acceptable use policy

1. Access to the Service
   
   The Service is a free service provided by Ōpuke Thermal Pool and Spa for the use of its guests and staff. Your access to the Service is completely at the discretion of Ōpuke Thermal Pool and Spa, and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to; violation of the WiFi Access Agreement, actions that may lead to liability for Ōpuke Thermal Pool and Spa, or its affiliates, or its owners, disruption of access to other users or networks, and violation of applicable laws or regulations.
   
   Ōpuke Thermal Pool and Spa may revise the WiFi Access Agreement at any time. You must accept this Agreement each time you use the Service, and it is your responsibility to review it for any changes each time.
   
   
2. Acceptable Use of the Service
   
   Ōpuke Thermal Pool and Spa supports the free flow of information and ideas over the Internet. Your access to the Service is conditioned on the legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of Ōpuke Thermal Pool and Spa, or any third party.
   
   
3. Disclaimer
   
   You acknowledge:
   
   (a) That the WiFi Service may not be uninterrupted or error-free.
   
   (b) that viruses or other harmful applications may be available through the WiFi Service.
   
   (c) that Ōpuke Thermal Pool and Spa does not guarantee the security of the WiFi Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection.
   
   (d) that Ōpuke Thermal Pool and Spa ability to provide the WiFi Service without charge is based on the limited warranty, disclaimer, and limitation of liability specified in the terms and conditions of use of this service as outlined, and agreed to, on signing up to use the said service.
   
   (e) Your access to and use of the WiFi Service is conditioned on your acceptance of and compliance with the WiFi Access Agreement Terms. These Terms apply to all visitors, users and others who access or use the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at soak@opuke.nz.

Last Review Date

20 September 2021