Terms of Use

Ōpuke Thermal Pools & Spa
(Methven Adventures Ltd)

Terms and Conditions
In these Terms and Conditions, ‘we’, ‘us’ and ‘our’ means Methven Adventures Limited
Trading as Ōpuke Thermal Pools and Spa and “you” and “your” refer to the holder of an
entry pass to the facility.

General Terms and Conditions

1. Entry into the facility and any purchase of our products constitutes the
   acceptance of, and agreement to, all Terms and Conditions as outlined in this
   document.
2. This Agreement and your rights under it may not be transferred or assigned to a
   third party.
3. 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.
4. 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.
5. You agree to always comply with:
   (a) this agreement.
   (b) any rules of use as displayed.
   (c) any new rules and conditions advised by us or our staff; and
   (d) any lawful and reasonable directions notified by relevant authorities, at any
   time.
6. We reserve the right to refuse entry to the facility to any person.
7. In the interest of public health, please do not enter the water if you, your child or
   any members of your booking have open sores or wounds or have had diarrhoea
   or vomiting in the last 48 hours. Health NZ Te Whatu Ora advise not to swim for
   14 days following any of the identified symptoms:
   • Diarrhoea
   • Stomach cramps or pains
   • Nausea and vomiting
   • Bloating
   • Slight fever
   • Fatigue
   • Flatulence
   • Headache
   Please reach out to our team if you or members of your booking have
   experienced these and need to reschedule or cancel your booking.
8. When using the facility, you must:
   (a) not behave in a manner that is offensive, threatening, inappropriate or
   dangerous;
   (b) not carry out any illegal activities; and
   (c) comply at all times with our health and safety requirements, including those
   directed to you by our staff for 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, in our sole discretion consider 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, in our sole discretion deemed, to be under the influence of alcohol
    and/or drugs will be refused 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 in
    any areas of the Facility.
14. Glass is not permitted in the Facility.
15. We reserve the right to inspect your bags or other goods in your possession
    immediately upon request for reasonable security purposes.

Supervision of Children and Weak Swimmers

1. All children aged under 14 years making use of the Facility must be accompanied
   and supervised by a Responsible Caregiver.
2. A Responsible Caregiver is a person aged 16 years and above
3. Children or any persons who are unable to stay afloat unaided or are weak
   swimmers should always be within arms reach of a Responsible Caregiver
   and/or avoid the deep areas of the facility.
4. 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.
5. Children under the age of 5 years:
   (a) children under the age of 5 years 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.
6. Children between the ages of 5 and 7 years:
   (a) children between the ages of 5 and 7 years must be actively supervised by a
   Responsible Caregiver. Active supervision means watching your child at all times
   and being able to provide immediate assistance.
   (b) no Responsible Caregiver is to be supervising more than 2 children between
   the age of 5 and 7 years.
7. Children between the ages of 8 and 13 years:
   (a) children between the ages of 8 and 13 years must be accompanied by a
   Responsible Caregiver. The responsible caregiver must remain at the facility for
   the duration of the booking.
8. School aged group bookings:
   (a) Adequate supervision by the required number of Responsible Caregivers
   must be provided across all areas in alignment with above sections 1-7.
   (b) Weak swimmers must be supervised at a ratio of one Responsible Caregiver
   to three swimmers;
   (c) Competent swimmers must be supervised at a ratio of one Responsible
   Caregiver to six swimmers;
   (d) Swimmers with disabilities must be supervised at a ratio of one Responsible
   caregiver to one swimmer where required.

Photography

1. Photography is prohibited within the changing rooms.
2. 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.
3. Staff may, at their discretion, ask to see any photographic device for inspection
   and request any images be deleted if privacy of others appears to have been
   breached.
4. You must immediately cease any photography at the Facility when asked by staff.

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
   booking time displayed on the entry pass, bookings may be rescheduled within
   12 months of the original booking time, or provided with a gift voucher as credit,
   however no refund will be available.
4. If notification of booking cancellation is received less than 1 hour prior to the
   time of the booking displayed on the entry pass, no refund, credit or reschedule
   will be available.
5. If an entry pass is purchased through one of our third-party partners, that
   partner’s cancellation policy in conjunction with our cancellation policy will
   apply and must be actioned directly through the third-party provider
6. Ōpuke Thermal Pools and Spa does not provide refunds where the complex or
   pools may be temporarily closed for safety reasons or for reasons outside our
   control.
7. Reschedules, credits, or refunds will be considered at our sole discretion for
   injury or medical reasons upon presentation of a valid medical certificate.
8. Ōpuke Thermal Pools and Spa are not liable for any other loss you may suffer for
   any closure of the Facility.

Hours of Operation

1. Our regular hours of operation are as follows;
   a. Summer; Sunday to Friday 9:50am-7:00pm and Saturday 9:50am
   10:00pm
   b. Winter; Sunday to Thursday 9:50am-8:00pm and Friday to Saturday
   9:50am-10:00pm
2. Check-in will open 10 minutes prior to each session.
3. 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 loss by the
   parties involved.
4. Tranquility Pools late night sessions operating beyond the Discovery pool session
   times will not include access to the Discovery Pools and related facilities.

Method of Payment

1. All transactions are conducted in New Zealand Dollars (NZD). We accept VISA,
   Mastercard, Amex 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.
3. The following entry passes are available to purchase:
   (a) Discovery 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 up to 3
   children this pass entitles the named pass holders entry to the Facility on a
   single occasion during the date and timeframe as indicated on the entry pass.
   Family passes are only valid for the named pass holders and are not
   transferrable.(b) Tranquility 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
   transferrableFrom time to time, we may offer special promotions. Promotions will be subject
   to availability and promotional Terms and Conditions.

Memberships

1. Membership holders are entitled to unlimited access of the membership type
   purchased for the duration stated on the membership.
2. Memberships can be used during any 2-hour sessions during our standard
   operating hours and are not able to be used for 4-hour sessions, after hour
   sessions and special events. Bookings are recommended for all membership
   holders due to limited capacity.
3. Holders of a seasonal membership, have a seven (7) day cooling off period from
   time of purchase 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.
4. Membership discounts cannot to be used in conjunction with any other offer.
5. “Bring a Friend” gives discounted entry to 1x guest added to the membership
   holders booking
6. Only those named on a membership are eligible to use the membership and
   cannot be transferred between friends or family.
7. Bookings can be made online using the membership portal.
8. On first entry to our facility named membership holders will be required to have
   their photos taken and where appropriate date of birth confirmed for future
   identification.

Gift Vouchers

1. Gift vouchers can be redeemed for any product or service of the same value or
   used towards the purchase of another product or service.
2. Gift vouchers must be redeemed by the expiry date stated on the gift voucher.
3. If your gift voucher is worth more than the product being purchased, please
   email or call Ōpuke Thermal Pools & Spa to redeem.
4. Once a gift voucher is redeemed our cancellation policy will apply.
5. Gift vouchers may be redeemed any day of the week unless otherwise
   stipulated. Gift vouchers are not redeemable for cash, are non-refundable, and
   cannot be on-sold.
6. Gift vouchers are valid for 12 months from the date of purchase and must be
   used by the expiry date stated on the gift voucher. Expired gift vouchers hold no
   value.

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 Facility entry varies according to age, the following applies;
   (a) Tranquility Pools and Serenity: a person aged 18 years of age or older
   (b) Discovery Pools: all ages
   (c) Day Spa: a person aged 16 years of age or older. Those of the age 16 and 17
   must be accompanied by a parent or legal guardian.

Ōpuke Thermal Pools 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 take all reasonable steps to provide you with a safe and enjoyable
   facility, 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 to Ōpuke Thermal Pools 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 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 the Facility. We are not liable
   for any lost property.
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 will arrange donation of the goods.
   3. We may ask for proof of ownership before returning any lost property.
   4. You will be responsible for collection, postage or courier of all lost property and
   the costs associated with this.

WiFi terms of service and acceptable use policy

1. Access to the Service
   The Service is a free service provided by us for the use by Facility guests and
   staff. Your access to the Service is completely at the discretion of us, 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 us, or our affiliates, or our owners, disruption
   of access to other users or networks, and violation of applicable laws or
   regulations.
   We 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
   We 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
   Pools 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 Pools 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 Pools 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 may update our Terms and Conditions from time to time. We will notify you of any
changes by posting the new Terms and Conditions on this page. The effective date at the
bottom of this page shows the date these Terms and Conditions were last updated. You
are advised to review these Terms and Conditions periodically for any changes.
Changes to these Terms and Conditions are effective when they are posted on this
page.

Contact Us
If you have any questions about these Terms and Conditions, or if at any time, or for
whatever reason you are not happy with any aspect of our products or services, it is
essential to let us know as soon as possible. You can raise a concern or make a
complaint to Ōpuke Thermal Pools and Spa by any of the following options:
• By Phoning: 03 261 6800
• By Email: soak@opuke.nz
• By writing to: Ōpuke Thermal Pools and Spa, 35 Mount Hutt Station Road,
Methven, 7782

Last Review Date
6/08/2025