Tems and Conditions

SUMMARY

These terms and conditions (Terms) apply to any tickets issued by or on behalf of the Christchurch Heritage & Arts Walking Tours Limited (CHAWT, we, us or our) to attend a 2.5-3 hour guided walking tour through central Christchurch’s arts and heritage precinct, including behind-the-scenes access to the Venues, being the Court Theatre, the Christ Church Cathedral and the Ravenscar House Museum (Tour).

By requesting and purchasing a ticket to a Tour (Ticket), and/or by attending a Tour using a Ticket, the ticketholder (Ticketholder, you or your) acknowledges and agrees to these Terms, which apply to your purchase of a Ticket and your participation in a Tour. Please read these Terms carefully before purchasing a Ticket. 

Your purchase of a Ticket and/or participation in a Tour may also be subject to, as applicable:

· any policies, rules and codes of conduct imposed from time to time by the CHAWT or any Venue Operator; and

· any applicable terms and conditions of the Ticketing Agent.

The CHAWT may vary any aspect of the Terms from time to time by written notice (including by publishing updated terms on our website).

Important notices about the Tour for you to acknowledge and otherwise adhere to:

· Due to the nature and safety requirements of the locations and heritage sites visited on the Tour (particularly the Christ Church Cathedral, which is a paused construction site), walking frames, wheelchairs and mobility scooters are not permitted. Please contact us in advance if you have any questions regarding accessibility.

· Footwear must be fully enclosed. Open toe shoes, bare feet, sandals, jandals or similar are not permitted

· Children under the age of 10 are not permitted to participate in the tour, regardless of whether they are accompanied by a paying adult, due to health and safety requirements.

· Tours proceed in most weather conditions. You are responsible for dressing appropriately for the forecast weather, including bringing suitable clothing and footwear.

You should carefully consider the refund and cancellation policies in clause 6 of these Terms (and of any travel, accommodation and other relevant goods or service providers you use in connection with attending a Tour). Tickets are for attendance at a Tour only and any associated travel, accommodation or other goods or services are your responsibility.

Nothing in these Terms is intended to limit your rights under the Consumer Guarantees Act 1993 or other mandatorily applicable consumer laws.

If you have any comments, questions or concerns about Tickets, these Terms or the Tour, we can be contacted:

(a) via phone on 021 222 1321

(b) via email at info@christchurchwalkingtour.nz

CHAWT WALKING TOUR TERMS AND CONDITIONS

1. TICKETING AGENT

1.1. The CHAWT may appoint a Ticketing Agent to issue Tickets to you and collect payment on our behalf.

1.2. If the CHAWT appoint a Ticketing Agent, Tickets may be sold via the Ticketing Agent's website and if you wish to purchase Tickets via the CHAWT website you may be redirected to the Ticketing Agent's website.

1.3. Any purchases via the Ticketing Agent's website will be subject to any applicable terms and conditions of the Ticketing Agent in addition to these Terms.

1.4. If you choose to pay using an alternative payment mechanism such as afterpay or similar, any terms and conditions of that provider will apply in addition to these Terms.

1.5. All Ticket prices are stated and payable in New Zealand Dollars and unless expressly stated otherwise are inclusive of GST.

2. SUPPLY OF TICKETS

2.1. Ticket purchases are not complete or accepted by the CHAWT until full payment has been received and an order number has been issued.

2.2. Nothing in these Terms gives you a right to a Ticket. You acknowledge that Ticket purchases are subject to availability, venue restrictions, compliance with these Terms and acceptance of your order or request for a Ticket.

2.3. When purchasing Tickets, you may be limited to a specified number of Tickets set by us or the Ticketing Agent (which limit may include Ticket orders/requests associated with the same name, email address, billing address, credit card number or other association). If you exceed the stated Ticket limit, you may have any or all of your Ticket orders/requests and Tickets cancelled (and those we deem associated with you).

2.4. While the CHAWT take reasonable care to ensure that Ticket and Tour information is correctly stated (including pricing, dates and availability) on the website of the CHAWT and its Ticketing Agent, errors may occur. The CHAWT will use reasonable commercial efforts to promptly correct any errors when brought to our attention. We may cancel an order which is the subject of an error, although in the case of a pricing error we will endeavour to contact you to give you the option of purchasing the Ticket at the correct price.

3. COLLECTION AND DELIVERY OF TICKETS

3.1. If purchasing a Ticket online you must allow adequate time prior to the Tour for collection or delivery of the Ticket. Methods of collection/and or delivery will be available when choosing your collection/delivery details. Where concessions are applicable (i.e. a reduced price offered to specific groups of people, such as students, seniors, and community service card holders), suitable and valid identification must be provided for collection of Tickets and may also be required at the Tour.

3.2. In the event you nominate an electronic delivery method for Tickets (which may include email, mobile (i.e. via SMS (text) MMS (multimedia)) and/or an application managed or provided by us and/or the Ticketing Provider) you acknowledge that you are responsible for:

(a) providing valid and accurate electronic details for such delivery; and

(b) ensuring you are able to receive delivery of the Tickets by the nominated method, including ensuring that your email mailbox does not reject or otherwise prevent any relevant emails from being delivered; checking your email mailbox regularly (including junk or spam folders); and ensuring you have a device capable of receiving accessing Tickets via the nominated method.

3.3. We shall not be liable, and you will not be entitled to any refund, where Ticket delivery is refused, returned, missed, unclaimed or fails as a result of your failure to provide valid and accurate delivery information, failure to ensure you are available to receive delivery of Tickets, or your failure to download such Tickets.

3.4. The CHAWT will only replace lost, stolen, damaged or destroyed Tickets if the authenticity of the Ticket (and your purchase of that Ticket) can be verified, including proof of purchase, and if you give reasonable notice before the Tour.

4. TOUR PARTICIPATION AND TICKETING

4.1. Tickets are not transferable. Tickets may not be on-sold or exchanged for fee or reward or other valuable consideration, or otherwise used for commercial purposes without the prior written consent of the CHAWT.

4.2. A Ticket entitles the bearer to participation in the Tour and access to the Venues as detailed on the Ticket only, in each case subject to these Terms.

4.3. The Ticketholder may be excluded from the Tour or refused entry to any of the Venues or directed to leave the Tour or any of the Venues if a Ticket has been obtained in breach of these Terms or if the Ticketholder breaches these Terms.

4.4. If you buy, or claim to buy a Ticket for business purposes, the Consumer Guarantees Act 1993 will not apply. This does not change the rest of these Terms which remain valid.

4.5. Participation in a Tour may be refused if the authenticity or validity of the Ticket is questionable, including because the Ticket has been damaged or defaced in any way, or has not been purchased from the CHAWT, the Ticketing Agent or other authorised points of sale.

4.6. You may be denied participation in, or removed and otherwise excluded from, the Tour or any of the Venues on any reasonable grounds, (whether or not you hold a valid Ticket) including if you breach these Terms or a Venue's terms of entry, or you are intoxicated, under the influence of illicit drugs, inappropriately attired, adversely affecting the enjoyment of the Tour or any of the Venues by others or commit any other misconduct including, verbal or physical abuse or intimidation of any representative of the CHAWT or Venue staff. No compensation is payable to the Ticketholder in these circumstances, and you may be prohibited from accessing future Tours or Venues (with Tickets being cancelled or otherwise voided).

4.7. You may be required by the CHAWT or the Venue Operator to use alternative facilities from those detailed on the Ticket on any reasonable grounds (including Venue maintenance or damage, or to facilitate safe and efficient Venue hosting).

4.8. The CHAWT make no representation or warranty of any kind in relation to the quality, content or duration of any Tour.

5. CONDUCT

5.1. When attending any Tour, the Ticketholder:

(a) will comply with all applicable laws and with any policies, rules and codes of conduct imposed from time to time by the CHAWT or any of the Venue Operators;

(b) will comply with the instructions and directions of the CHAWT and the Venue Operator (including all Venue personnel);

(d) will not act in any way which damages or is potentially damaging to the reputation of the CHAWT, any of the Venue Operators or any of the Venues, or which may cause disturbance to any person participating in that Tour (or in any neighbouring or surrounding areas); and

(e)will not bring any food or beverage (including alcoholic beverages) into any Venue.

5.2. Ticketholders are responsible at all times for the conduct of their guests and invitees (if any) to Tours and must ensure each such person is aware of and complies with these Terms (and in particular the conduct requirements set out in this clause 5).

5.3. You are liable for any damage to any Venue (or our or any other person's property) caused by you or your guests and invitees.

5.4. You acknowledge that the Christchurch Cathedral is an active restoration site and that strict adherence to all safety briefings, instructions, and designated pathways as communicated prior to or during the Tour by the CHAWT, the Venue staff or the Venue Operator (or any of their respective representatives), is mandatory at all times.

6. CHANGES, CANCELLATION AND REFUNDS

6.1. Tours may be changed, rescheduled, modified (including changes to the route or Venues) or cancelled from time to time. The CHAWT will endeavour to give you as much notice as practicable of such circumstances.

6.2. Except as set out in these Terms or required by applicable law, Tickets are non-refundable. The CHAWT will not refund payments made by you for Tickets under any circumstances, including:

(a) if you do not or cannot attend the Tour for any reason, including if your personal circumstances change

(b) any variation to the Tour program, services, and facilities such as Venue timing or the postponement or cancellation of any activity (including if the Tour is rescheduled);

(d) if the Tour is affected by a Force Majeure Event.

6.3. Notwithstanding clause 6.2, the CHAWT will provide you with a Ticket (or a credit) for a future Tour or a refund of the Ticket price paid by you (less any applicable non-refundable third party expenses such as credit card charges or Ticketing Agent charges), as the CHAWT consider appropriate and notify to you, if:

(a) the entire Tour is cancelled and cannot be rescheduled; o

(b) you have provided a written notice of cancellation more than 48 hours prior to the scheduled start time of the relevant Tour; or

6.4. If Tickets were not purchased or supplied by the Ticketing Agent or the CHAWT, then no refund shall be provided.

6.5. Subject to applicable law, no refund or other remedy will be given if a request is made by you over 30 days after the date the relevant Tour was scheduled.

7 PRIVACY

7.1 By purchasing a Ticket or by validly becoming a Ticketholder, you agree to us collecting, storing, sharing and using your personal information (including your image if it appears in photographs or broadcasts of any Tour) (Data) in accordance with these Terms and the Privacy Act 2020.

7.2 We may access, use, copy, store and otherwise deal with any Data that you give to us for the purposes of administration, Tour planning and operations, the provision (and analysis, assessment and review) of marketing materials and statistical analysis. We may provide your Data to our partners and stakeholders, including the Venue Operators, the Ticketing Agent and our and their suppliers, contractors and service providers, in connection with those purposes.

7.3 You acknowledge that:

(a) you will have the right to access and correct your Data at any time by getting in touch with us; and

(b) the CHAWT and our partners and stakeholders (and the other third parties referred to in clause 7.2) may contact you (including by electronic means) in connection with the purposes referred to in clause 7.2 (provided that you may "opt-out" of such contact).

7.4 The full CHAWT Privacy Policy is available on the CHAWT' website (www.christchurchwalkingtour.nz) and may be updated from time to time.

8 PHOTOGRAPHY, RECORDINGS AND CONTENT

8.1 Photographs or any other recording of sound or images taken within any of the Venues may be used only for private non-commercial purposes. It is forbidden to disseminate over the Internet, radio, television or any other current and/or future media, any sound, image, description of the Tour in whole or in part or assist any other person(s) conducting such activities. Making, or distribution of, broadcasts, commentary, news or reports (by any means in any format or media including any such commentary made by photographs, recording, mobile phone or other wireless device) is also forbidden.

8.2 Any Ticketholder attending a Tour acknowledges that the Tour may be recorded, broadcast and otherwise publicly disseminated on a number of mediums for marketing purposes and the Ticketholder agrees that perpetual use may be made, free of charge, of their voice, image and likeness whilst at any of the Venues, by means of live or recorded video display, broadcast, transmission or other dissemination or recording, photographs or any other current and/or future media technologies and waives, on an irrevocable, worldwide, perpetual basis, all rights to object to such broadcasting, transmission or dissemination in any media.

9 INTELLECTUAL PROPERTY RIGHTS

9.1 All intellectual property rights in relation to the Tours, including the CHAWT name, branding, logos and marks, are owned by the CHAWT (or its licensors) exclusively.

9.2 Nothing in these Terms entitles the Ticketholder to any right or interest in or to:

(a)any CHAWT intellectual property rights (or that of any of the CHAWT's sponsors or partners); nor

(b)any intellectual property rights of any Venue Operator (or their sponsors or partners).

10 LIABILITY AND WARRANTIES

10.1 The Ticketholder agrees that it (and its guests' and invitees') participation in the Tour and entry to and use of any of the Venues (and associated facilities) are at the Ticketholder's (and their guests' and invitees') risk. To the fullest extent permitted by law (and subject to clause 6.3), the CHAWT and its employees, contractors and agents exclude all liability whatsoever and howsoever arising (whether arising in contract, tort or otherwise) in connection with a Ticket or a Tour, including any liability:

(a) suffered as a result of, or arising from, or in any way connected to the cancellation, postponement or change to the Tour (or any part of the Tour); or

(b) which arises in respect of any accident, damage or injury to the Ticketholder (or its guests or invitees) or to the property of any of them, during the Tour (including in or about the Venues or any other Tour venue).

10.2 In the event that either party is liable to the other party under these Terms, that party's total liability is limited to the price of your Ticket(s) that specifically relate to such liability (provided this limitation will not apply to any property damage caused by you (or your guests or invitees) or a breach of clause 9 (intellectual property rights)). Neither party will be liable to the other party for any indirect, consequential or special loss.

10.3 The CHAWT provides no warranties (express or implied) in relation to a Ticket or a Tour, including any implied warranties of merchantability and fitness for a particular purpose. However, nothing in these terms limits the CHAWT liability for any breach under the Consumer Guarantees Act 1993 or will limit your rights that cannot be limited under New Zealand legislation.

10.4 The Ticketholder undertakes that it (and its guests' and invitees'):

(a) is in good physical health;

(b) is able to walk at a moderate pace unassisted for the duration of the Tour;

(c) will wear closed-toe walking shoes and otherwise will wear appropriate attire at all times during the Tour (factoring in the weather conditions); and

(d) has disclosed all relevant information (health, medical related or otherwise) to the CHAWT which may impact your ability (or your guests' and invitees' ability) to participate in a Tour safely and without issue (including any heart conditions, epilepsy, pregnancy, bone disorders/dislocations, asthma, panic/anxiety attacks, recent sprains/muscular injuries and/or disabilities/physical impairment).

10.5 The Ticketholder (and its guests' and invitees') acknowledge and accept that:

(a) the CHAWT have relied on the undertakings given in clause 10.4 and would not have issued the Ticket(s) if these undertakings were not given; and

(b) walking tours have inherent risks, including crossing roads, oncoming traffic, walking on uneven or slippery surfaces, tripping hazards, sun exposure or climbing steps/stairs (for which CHAWT is not responsible for and shall be held harmless).

11 FORCE MAJUERE

The CHAWT will not be liable for any loss or damage or any failure or delay in complying with any of its obligations under these Terms due to a Force Majeure Event (including if the whole or any part of the facilities or any of the Venues are damaged so as to render, in the CHAWT' opinion (or as advised by any of the Venue Operators to the CHAWT), the facilities or any of the Venues unusable or unusable to a significant degree).

12 GENERAL

12.1 You must not assign or transfer all or any part of your rights or obligations under these Terms without our prior written consent. We may assign any rights or obligations without your approval as well as subcontract any obligations to third parties.

12.2 The illegality, invalidity or unenforceability of any provision of these Terms will not affect the legality, validity or enforceability of another provision.

12.3 No waiver of any provision of these Terms will serve as a waiver of any other provision of these Terms and we will not have waived or be deemed to have waived any provision of these Terms unless such waiver is in writing and executed by us.

12.4 These Terms are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.

13 INTERPRETATION AND DEFINITIONS

13.1 In the construction and interpretation of this agreement unless inconsistent with the context or otherwise specified:

(a) references to Summary and General Terms, are references to the summary page and the general terms of these Terms;

(b) references to statutes or statutory provisions include those statutes or statutory provisions as amended, extended, consolidated, re-enacted or replaced from time to time and any orders, regulations, instruments or other subordinated legislation made under them (except to the extent that any amendment enacted after the date of this agreement would increase or extend the liability of any party);

(c)words importing the singular number include the plural and vice versa, references to any gender include every gender and references to persons include corporations and unincorporated bodies of persons, individuals, an association of persons, a trust, government or semi-government bodies or agencies or political subdivisions of them; and any other entity (whether or not having separate legal personality);

(d)references to any party include that party's successors and permitted assigns;

(e)headings are inserted for convenience only and do not affect the interpretation of this agreement;

(f)references to dollars and $ are references to New Zealand dollars;

(g) references to written and in writing include any means of permanent visible representation;

(h)referring to anything after the word including, include or includes does not limit what else might be included and any such reference is without limitation to what else might be included; and

(i)references to time are to New Zealand time.

13.2 The following definitions apply in these Terms unless inconsistent with the context and otherwise specified:

Force Majeure Event means an event or circumstance which is beyond the control of the CHAWT, which includes but is not limited to:

(a) damage or destruction of any of the Venues (or the facilities);

(b)an act of God;

(c) pandemic, earthquake, flood, fire, storm and adverse weather conditions or natural events for which provision could not reasonably have been made;

(d) sabotage, riot, civil disturbance, explosion, terrorist acts, insurrection, epidemic, national emergency (whether in fact or law) or act of war (whether declared or not);

(e) governmental restriction, restraint, sanction, expropriation, prohibition, intervention direction or embargo; or

(f) strike, lockout, work stoppage or other labour hindrance

GST means all tax payable from time to time under the Goods and Services Tax Act 1985 for goods and services supplied pursuant to these Terms;

Ticketing Agent means the ticketing agent appointed by the CHAWT to provide ticketing services for Tours from time to time (which as of the date of these Terms will be Rezdy Pty Limited ACN 153 242 632 (www.rezdy.com);

Venue means the each of the venues the Tour will visit in central Christchurch’s arts and heritage precinct, including:

(a) the Court Theatre;

(b)the Christ Church Cathedral;

(d) Worcester Boulevard; and

(e) the Arts Centre,

(together, the Venues); and

Venue Operator means the relevant operator and manager of the relevant Venue at the time the relevant Tour is taking place, being:

(a) the Court Theatre Trust in respect of the Court Theatre;

(b)the Christ Church Cathedral Reinstatement Limited in respect of the Christchurch Cathedral; and

(together, the Venue Operators).