GIFT VOUCHER GENERAL TERMS & CONDITIONS
These general terms and conditions (hereinafter, the “General Terms and Conditions”) apply to the contractual relationship between, on the one hand, Capstone Hotel Management (“Capstone Hotel Management”) and, on the other hand (i) a buyer of a gift voucher (“the Buyer”) on shop.capstonehotels.co.nz (“the Site”) and (ii) the holder of a gift voucher (“the Recipient”). The Buyer and the Recipient are hereinafter jointly referred to as the “Customer”.
The gift voucher (“Gift Voucher”) allows the Recipient to apply an amount up to the outstanding balance of the Gift Voucher as credit to the cost of any reservation services in respect of Capstone Hotel Management that are available on the Site (hereinafter, collectively, the “Services”).
Prior to purchasing any Gift Voucher on the Site, the Buyer declares (i) that said Buyer is acting for his/her own personal purposes and for any purpose in connection with a business activity of the Buyer or otherwise; and (ii) the Buyer has the full legal capacity to accept these General Terms and Conditions.
The Buyer is invited to carefully read these General Terms & Conditions, prior acceptance of which is mandatory for the purchase of a Gift Voucher on the Site. Buyers are advised to save and print these General Terms & Conditions using the standard functionalities of their browser and computer. Capstone Hotel Management has the right to cancel a completed order or annul the purchase without making any repayment of compensation to the Buyer if these General Terms & Conditions have been breached.
Capstone Hotel Management reserves the right to modify or supplement, at any time, all or part of these General Terms & Conditions. In this case, the new version of the General Terms & Conditions will be available on the Site with the effective date. Customers are advised to regularly consult the General Terms & Conditions to be aware of any changes. In any case, the Customer will only be bound by the version of the Terms & Conditions in force at the time that the Buyer purchases the Gift Voucher.
The Buyer assumes the exclusive responsibility of paying, if necessary, for all the technical means necessary to gain access to the Site.
General Terms & Conditions of services apply for the reservation of any Service offered on the Site via the Gift Voucher.
BUYING PROCESS AND METHOD OF DELIVERY OF A GIFT VOUCHER
The Buyer purchases a Gift Voucher from the Site, shop.capstonehotels.co.nz. The Buyer can choose the Gift Voucher of the amount of their choice and will have to fill out a form indicating first and last name, e-mail address, and the Recipient’s e-mail address. The Buyer will complete the purchase by proceeding to payment.
Capstone Hotel Management will send purchased Gift Vouchers to the email address the Buyer states in the order form (Buyer or a nominated initial Recipient of a Gift Voucher) following receipt of the Buyer’s payment. The Gift Voucher will be sent in electronic format, as a PDF file with a unique ID.
Capstone Hotel Management will send an order confirmation to the Buyer’s e-mail address. At the same time, Capstone Hotel Management will deliver the then-current version of these General Terms & Conditions to the Buyer.
PRICE
The price related to the Gift Voucher is indicated before, during and after the purchase.
When selecting the initial balance of the Gift Voucher, the Buyer can choose from suggested amounts or insert an amount determined by the Buyer, subject to this amount being equal to or greater than the minimum specified on the Site.
The amount of the Gift Voucher shall not exceed $5,000 NZD per Gift Voucher, with a limitation of $20,000 NZD per Buyer and per year.
Prices listed in Gift Vouchers include GST.
PAYMENT
The Buyer provides his/her payment information to purchase the Gift Voucher, indicating directly, in the area provided for such a purpose (secure entry by SSL encryption) when it is a credit card: the credit card number, without spaces between the figures, its date of validity, and the security code as part of a pre-payment on the payment platforms mentioned below.
Capstone Hotel Management has chosen Stripe to secure online payments. The Gift Voucher of the Buyer is examined for its validity by this partner and can be refused for several reasons: voucher stolen or blocked, limit reached, input error, etc.
In the event of any problem, the Buyer will have to approach his/her bank and customer care to confirm his/her purchase and payment method.
The online payment methods available are mentioned on the payment page of the Site. This list is subject to change.
An invoice will be sent in electronic format to the e-mail address communicated by the Buyer at the time of purchase.
GIFT VOUCHER USAGE
Gift Vouchers are bought online and redeemed at Capstone Hotel Management as a means of payment by indicating the ID number indicated on the Gift Voucher.
The reservation can be completed by another means of payment, within the limit of the means of payment accepted by Capstone Hotel Management.
The Gift Voucher can only be used at Capstone Hotel Management where the Gift Voucher has been sold.
The outstanding balance of the Gift Voucher can be redeemed in full or partially, on a maximum of one (1) occasion.
The outstanding balance of the Gift Voucher cannot be refunded or exchanged for cash and holds no value unless redeemed, especially in case of loss, theft or damage or end of validity.
The Gift Voucher is not personal to the original Recipient and can be transferred, but it cannot be sold. Redemption is only possible by one person who is in possession of the voucher code and who is the first to redeem the voucher.
The Gift Voucher can be redeemed for any services within Capstone Hotel Management. However, the booking must be made via direct channel only, at the participating hotel. The Voucher cannot be redeemed against a third party such as a travel agency or OTA booking. The Voucher cannot be redeemed for the purchase of another Gift Voucher.
When using the Gift Voucher, the Recipient accepts these General Terms & Conditions that were in force at the time of purchase.
In the event of the Recipient’s failure to show up on the first day of his/her reservation of a Service (“no show”) paid with the Gift Voucher, the reservation will be cancelled in full.
VALIDITY OF A GIFT VOUCHER
The Hotel Credit Gift Voucher’s period of validity is three (3) years from the date of purchase.
The Services in respect of which the Recipient wishes to apply the Gift Voucher must take place during the Gift Voucher’s validity time.
LIABILITY OF THE BUYER
The risk of loss and title to the Gift Voucher passes to the Buyer and the Recipient when Capstone Hotel Management electronically transmits the Gift Voucher.
Capstone Hotel Management will not be liable if a Gift Voucher is lost, stolen, destroyed or used without the Buyer’s or Recipient’s authorisation.
Capstone Hotel Management will have the right to charge an alternate payment method if a fraudulently obtained Gift Voucher is used to make purchases on the Site.
All information accessible through this Site is provided as is. Capstone Hotel Management gives no explicit or implicit guarantees and assumes no liability regarding the use of this information.
LIMITATION OF LIABILITY
Capstone Hotel Management liability is always limited to no more than the outstanding balance of the Gift Voucher.
Capstone Hotel Management is not responsible for any damages or delays resulting from force majeure such as pandemic, strike, lockout, blockade of payment, or communication disorder.
PERSONAL DATA PROTECTION
The information concerning the Buyer and the Recipient of the Gift Voucher is processed by Capstone Hotel Management, acting as data controller.
This data processing is necessary for the execution of the Gift Voucher sending service.
Unless otherwise provided by law or regulation, the data will be kept for a period of three (3) years from the expiry date of the Gift Voucher.
To exercise your rights, please write to emailaddress@hotelname.com
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MISCELLANEOUS
If any court or competent authority decides that any provision of these Terms & Conditions is invalid, unlawful or unenforceable, that term will be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
No waiver by Capstone Hotel Management of any of these Terms & Conditions shall be effective unless expressly notified to the Customer in writing.
APPLICABLE LAW AND DISPUTE RESOLUTION (NEW ZEALAND)
The General Terms & Conditions are governed by New Zealand law, without hindering the mandatory protective provisions that may be applicable in the country of residence of consumers.
After having appealed to Customer Service to try to resolve the dispute amicably, and in the event of a negative answer or the absence of an answer within sixty (60) days, the Customer may contact Capstone Hotel Management at:
Capstone Hotel Management Head Office
17/55 Shortland Street
Auckland Central
Auckland 1010
New Zealand