Terms and conditions

1. DEFINITIONS

1.1  In this agreement unless the context otherwise requires:

Agreement means these terms and conditions relating to the Facility.
Council means the Christchurch City Council and its employees, agents, consultants and contractors and references to we, our or us is a reference to the Council.
Discount Card means a card that entitles the holder of the card to a discount on our services, being any of the following cards: Community Services card, Cando, KiwiAble, Hāpai and/or a Super Gold Card.
Facility means He Puna Taimoana.
Residents Card means a discount available for Christchurch residents who live within the Christchurch City Council boundaries, and holders of Residents Cards are entitled to receive discounted rates on standard entry fees at the Facility.
Responsible Caregiver means a person over the age of 16 years.
Terms and Conditions means the Agreement.

2. TERMS AND CONDITIONS OF ENTRY

2.1  All entry pass holders to the Facility are subject to the Terms and Conditions and by purchasing one or more entry passes you confirm that you accept the Terms and Conditions.
2.2  In these terms and conditions we have used “we”, “us” and “our” to refer to Christchurch City Council as the Facility operator and “you” to refer to the holder of an entry pass to the Facility.
2.3  We want everyone to enjoy their time at the Facility. The Terms and Conditions exist to keep everyone safe. We reserve our right to vary the Terms and Conditions at any time and you agree to be bound by such variation.

3. HOURS OF OPERATION

3.1  Our regular hours of operation are:

(a) 10am – 12:00pm
(b) 12:30pm – 2:30pm
(c) 3pm – 5pm
(d) 5:30pm – 7:30pm

3.2  Doors will open at the start of each session.
3.3  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. TERMS OF USE OF THE FACILILTY

4.1  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 us to the Facility; and
(d) any lawful and reasonable directions we notify to the Facility, at any time.

4.2  We reserve the right to refuse entry to the Facility to any person.
4.3  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 two weeks.
4.4  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.
4.5  Due to adverse effects of electrical interference on both pacemakers and implantable cardioverter-defibrillators (ICDs) we are unable to allow entry to persons with implanted cardiac devices.
4.6  When using the Facility you must:

(a) not behave in a manner that is offensive, threatening, inappropriate or dangerous; or
(b) 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.

4.7 Our decision as to what constitutes offensive, threatening, inappropriate or dangerous activity is at our sole discretion and will be final and binding.

4.8  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.

4.9  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.
4.10  Photography is not allowed at any times or under any circumstances in any changing areas. You must immediately cease any photography at the Facility when asked by us.
4.11  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.
4.12  This is a smoke free Facility. Smoking and vaping is not permitted at any time at any areas of the Facility.
4.13  Glass is only permitted in the café area and shall not be removed from the café area.
4.14  Our dry sauna and steam room are for the use of adults aged 16 years and older. Users must be clothed while in the sauna and sit on a dry towel in the interests of hygiene and keeping the sauna dry.
4.15 Guests attending our Sunrise Soak session will be provided with a robe for use during their session. If the robe is damaged or is not returned at the end of the session, we reserve the right to charge the guest for the cost of the robe.

5. SUPERVISION OF CHILDREN

5.1  All children making use of the Facility must be accompanied and supervised by a Responsible Caregiver.
5.2  Further terms relating to the supervision of children are specified below, in accordance with the age of the child or children being supervised.
5.3  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.

5.4  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.

5.5  Children between the ages of 5 and 8:

(a) children between the ages of 5 and must be actively supervised by a Responsible Caregiver. Active supervision means watching your child at all times and being able to provide immediate assistance.

5.6  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.

5.7  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.

6. COVID

6.1  During Alert Level 2, we will restrict access to the Facility to a lower number of people and we will close our sauna and steam room to ensure social distancing.
6.2  During either Alert Level 3 or 4 the Facility will be closed.

7. METHOD OF PAYMENT

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

8. ENTRY PASSES AVAILABLE

8.1  All persons using the Facility must present a valid entry pass. Your entry pass will specify a time of entry to the Facility.
8.2  The following entry passes are available to purchase:

(a) Single entry pass: this pass entitles the named pass holder entry to the Facility on a single occasion during the timeframe as indicated on the entry pass. Single entry passes are only valid for the named pass holder and are not transferrable
(b) Family or small group pass: this pass entitles entry to the Facility for either:
(i) two adults and two children; or
(ii) one adult and three children.
(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 are able to 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 are able to 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.

8.3  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.
8.4  Where entry prices vary according to age, the following provisions apply:

(a) A person of 16 years or older is classed as an adult;
(b) A person aged 4 to 15 years is classed as a child;
(c) A person aged 3 years and under is classed as a pre-schooler.

8.5  Gift vouchers for the Facility may be purchased. These are non-refundable and will not be replaced if lost.
8.6  From time to time, we may offer special promotions. Promotions will be subject to availability and promotional terms and conditions.

9. CANCELLATIONS AND REFUNDS

9.1  Refunds will only be made if we receive notification of cancellation at least 24 hours prior to the time of visit made for the booking.
9.2  If notification of a booking cancellation is received within 24 hours prior to the time of the booking, bookings may be rescheduled at a later date within 12 months of the original booking time, however no refund will be given.
9.3  No refunds will be provided for cancellations made at the time of or after the booking time displayed on the entry pass.
9.4  If an entry pass is purchased through one of our third party partners, that partner’s cancellation policy will apply.
9.5  From time to time, we may have to 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.
9.6  We are not be liable for any loss you may suffer for any closure of the Facility if the cause of closure is beyond our control.
9.7  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.
9.8  We are an all-weather facility and refunds for adverse weather events will only be given if the facility has had to close.  We do not guarantee that guests will be able to see the sunrise during our Sunrise Soak session.

10. CHRISTCHURCH RESIDENT CARD TERMS AND CONDITIONS

10.1  To be eligible for a Residents Card, the registration form must be filled in and proof of residency shown (rates invoice, tenancy agreement, utility bill, library card or other Council Membership card) and card terms and conditions agreed to.
10.2  Christchurch residents are required to show proof of discount eligibility once a year.
10.3  For all admissions you are required to present your Residents Card at the customer experience desk.
10.4  You may not transfer your Residents Card to any other person(s) not specified on the registration form.
10.5  If you misplace your card, you may be issued with a new one at a fee.
10.6  We may, at any time by notice in writing to your last known address, by email or text, immediately suspend your Residents Card or membership and exclude you from the Facility for a period of time which we in our discretion consider reasonable, if you breach any term of this Agreement, including without limitation:

(a) Breaching the terms of use of the facility, or any other rules and conditions or lawful and reasonable direction we give you; or
(b) Carrying out any offensive, threatening, inappropriate, dangerous or illegal activity at the Facility.

11. ACCEPTED CONCESSION CARDS

11.1  The following valid cards allow the bearer to receive concession rates.

(a) Residents Cards;
(b) CanDo cards (16-18 years of age);
(c) KiwiAble Leisure card;
(d) Hāpai card;
(e) Community Services card; and/or
(f) NZ Supergold card.

11.2 Free entry is available to carers of eligible KiwiAble/ Hāpai card holders if indicated on their card.

12. COUNCIL'S LIABILITY TO YOU

12.1  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.
12.2  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.
12.3  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.
12.4  Personal injury in New Zealand is covered by the Accident Compensation Act 2001.

13. YOUR LIABILITY TO COUNCIL

13.1  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.

14. GENERAL

14.1  This Agreement and your rights under it may not be transferred or assigned to a third party.
14.2  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.
14.3  The Terms and Conditions are governed by the laws of New Zealand. We both agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.

15. PRIVACY STATEMENT

15.1  By completing a Residents Card registration form you are providing personal information about yourself. 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.


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