Fiordland Escapes - Terms and Conditions
1. Who, Why, What
Who: Advocate Communications Limited trading as Fiordland Escapes (“ACL”). “ACL” includes its shareholders, officers, employees, agents, representatives, instructors, independent contractors, subcontractors, and all other persons in any way involved with their activities and their successors and assigns. References to “us”, “we” and/or “our” in these Terms shall mean ACL.
The players (our customers) are referred to as “you”. If you are a player under the age of 14, then your adult or guardian is also included in this definition.
Website: https://fiordlandescapes.co.nz
Why: These terms and conditions are our contract with you, and tell you what you can and can’t do, and what we can and can’t do with you.
What: ACL operates an Escape Room experiences which require players to carry out a range of problem solving, logic and teamwork activities (“Services”) By proceeding with a booking, you are considered to agree to these terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, you must advise us in writing prior to making a booking.
We reserve the right to change these terms and conditions at any time by notifying persons of the existence of the amended terms and conditions through our website.
2. Booking:
We strongly recommend making a booking through the website to avoid disappointment.
Confirmation of Booking: To confirm your booking, we require accurate information from you, including your contact information, at the time of your booking. You agree to provide to ACL, free of cost, any further information which may be reasonably requested for us to provide you with the Services. You acknowledge that, if you fail to provide accurate information or information which we request in a timely manner and we are unable to contact you to confirm your booking, we may, in our sole discretion, immediately cancel your booking.
Cancellation:
You may cancel all or part of the Services at least 48 hours prior to commencement of the Services by ACL. Cancellation must be made by you telephoning or emailing us via ACL’s website. If you fail to notify us in accordance with these Terms of the cancellation of all or part of the Services which you have booked, we reserve the right to charge you the total price of the Services which you booked. If you have paid for the Services online, you must give at least 48 hours’ notice of any cancellation of the Services and a refund of the amount paid by you less a transaction fee of 3% of the total price of the Services will be made to you. If you give less than 48 hours’ notice of cancellation of the Services, no refund will be made to you. Cancellation of the Services shall not prejudice or affect any accrued rights or claims and liabilities of you and ACL under these Terms.
3. Pricing:
The price of the Services shall be the price stated on ACL’s website at the time the booking is made by you subject to variation in accordance with this clause. ACL reserves the right, in its sole discretion, to vary its prices at any time. Should ACL’s prices increase at any time after your booking has been accepted, ACL shall be entitled upon written notice to you at any time prior to commencement of the Services to increase the price payable by you for the Services.
4. Payment:
You shall pay ACL the price for the Services at the times and in the manner set out from time to time on ACL’s website or agreed between you and ACL. Failure to pay will result in your booking being cancelled, and constitute a default, on the full value of the Services provided to you as if you had cancelled the booking without notice.
5. Refusal of Services:
We operate a “ROAR” policy, ACL has the right to refuse entry to any person or remove any person from the premises or suspend the provision of the Services at any time for any reason. No person may be present on ACL’s premises at any time who is under the influence of drugs and/or alcohol.
You must not bring alcohol on to our premises and smoking on the premises is prohibited at all times.
No refund will be given should ACL determine in its sole discretion that you show signs of intoxication.
6. Restrictions on media use:
In order to maintain the secrets of the Escape Room for enjoyment of others, we restrict media use while on site, especially while in the Escape Rooms. You consent for the purposes of the Privacy Act 1993 and any other relevant legislation to being recorded by CCTV while on ACL’s premises. Upon completion of the provision of the Services to you, ACL will delete the CCTV footage and will not use the recording in any way or pass it on to any third party unless it is required to do so by law. You will not use a cellphone, camera, video equipment or any other photographic, film or audio recording device on ACL’s premises. If asked by ACL, you will delete any photographs or recordings taken by you in breach of these Terms and provide evidence to ACL that such deletion has occurred.
7. Attendance of children:
Our Escape Rooms have been designed to appeal to teenagers and adults, but that is not to say that the younger generation won’t also be entertained and engaged. We recommend 9 as a minimum age, but family groups with younger children are still welcome. Players under 14 years of age must always be supervised by an Adult. Parents and caregivers are ultimately responsible for their children’s actions.
8. Compensation for property damage:
“You break it, you pay for it.” For the avoidance of doubt, in the event that ACL suffers or incurs any damage to its property arising as a direct or indirect result of any act, or omission or default on your part, ACL shall be entitled to invoice you for the estimated reasonable cost of repairing the damage caused by you and you shall pay the amount payable on the invoice within five (5) days of the invoice being issued.
9. Collection and Use of Information:
Personal information about visitors to our website and our Facebook page is collected only when knowingly and voluntarily submitted. You authorise ACL to collect, retain and use any information about you (including but not limited to your name, IP address, contact information and billing or purchase details) and to disclose any such information to any person for the purpose for which it is submitted or for a related secondary purpose. For example, we may need to collect, retain and use your personal information to authenticate your booking, charge you for the Services, assess your creditworthiness, provide you with further services, forward any request or enquiries or enforce any rights under these Terms. Unless you otherwise request, you agree that ACL may also use the contact information you submit to administer a contest, promotion, survey or other website feature.
Where you are a natural person, the authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993.
10. Security and Disclosure of Information:
We will endeavour to take all reasonable steps to keep secure any information which we hold about you. In particular, we store your information in a secure cloud-based account and only allow certain ACL employees to view it. We also disclose your information to Braintree in order that they may authorise payment by you for the Services. In addition to where you have consented or disclosure is necessary to achieve the purposes for which the information was submitted, we may disclose your personal information in circumstances where we believe on reasonable grounds that doing so is required by law or is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with our rights or property or the rights or property of a third party. Notwithstanding the above, transmission of data over the internet is not totally secure and ACL will not be held responsible for events arising from unauthorised access to your personal information.
11. Access to Information:
If, at any time, you would like a copy of your information or you discover that any personal information we hold about you is incorrect, you may contact us by telephoning or emailing us via ACL’s website.
12. Health and Safety:
Prior to entry into the Escape Room, you will be given a health and safety briefing by one of our staff members. We are a Health and Safety conscious business and want to ensure that everyone stays safe in our premises. If it seems like you are not going to follow our instructions, then we have the right to refuse to admit you into our Escape Rooms. ACL has not and will not assume any obligation arising out of the provision of the Services which otherwise would or may be imposed upon you from time to time pursuant to the Health and Safety at Work Act 2015 or any substitute statute (including any regulations, orders, notices, approved codes of practice and safe work instruments made, issued or approved under the relevant statute).
13. Indemnity:
You fully indemnify ACL against all claims, liabilities, costs, damages, fees and expenses (including reasonable legal costs) suffered or incurred at any time by ACL arising as a direct or indirect result of any act, omission or default on your part or from any breach or alleged breach of these Terms by you or relating to an action or claim brought by a third party against ACL which relates directly or indirectly to your use of the Services. The parties agree that this indemnity shall in no way apply to any liability to pay a fine or an infringement fee imposed under the Health and Safety at Work Act 2015.
14. General terms:
If at any time we do not enforce any of these terms or conditions, or grant you time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition. Further, if any part or provision of these terms and conditions is considered to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties.
15. Governing Law:
These Terms shall be governed by and construed in accordance with the laws of New Zealand and the New Zealand courts have exclusive jurisdiction in respect of them.