Legal

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Beautiful Gardens of Wanaka is trading under Earth Collective Aotearoa Ltd company responsibility. 

Beautiful Gardens of Wanaka is a social enterprise that offers guided tours of outstanding private gardens up to 7 visitors. Its purpose is to create an inspiring visual experience and connect people with nature while adding value and gratitude to the unique garden creations in the Upper Clutha district (initially).

Bookings Terms & Conditions

BOOKINGS

Bookings are done up to the preceding day 8pm for morning tours and up to 12pm on the day for afternoon tours:

Once you have made your booking and we have received your full payment, we will send you confirmation by phone or email.

Bank transfer payments details:

  • Bank account number: 38-9019-0024927-00
  • Please add your name and the day of the tour as reference.
PRICES

The prices shown on our website (or in other published literature of the same season) are based on a single tour per person and include transportation, refreshments, a local guide and informative narrative.

Supplements are available for a pick-up service in Wanaka area.

The sum stated at the time of booking is payable in full at the time of booking. Payment is accepted by credit card through our booking facility or bank transfer into our bank account number 38-9019-0024927-00 (Bank account name Earth Collective Aotearoa Ltd). 

The price of your trip is fully guaranteed and will not be subject to any surcharges.

INCLUSIONS AND EXCLUSIONS

What is included and excluded in the price of each tour published on our website is made explicit in the description of each tour that we make available to you.

In general, our stated tour prices include:

  • Transport from the specified pick up spot to all gardens and back by a driver with a Passenger endorsement driver licence.
  • Guided garden tours by a knowledgeable passionate local guide.
  • The narrative includes a context (historic, vision, etc.), opportunities for sensory experiences, point of interest highlights (viewpoints, interesting plants etc.), garden tips and how-tos, a health and safety plan.
  • Refreshments = tea or cold drink + baking or snack

Our tours fees do not include travel to the pick-up point (except when pick-up option is booked), meals not listed in itinerary, or tips to tour guide and driver(s).

We do not know all the plants names and variations although many will be presented.

In the properties visited, there may be seeds, seedlings, plants available as gifts or to buy. Bring cash with you to benefit from these opportunities.

GROUP SIZE

For trips in 2022-23, a participation of 1 to 7 people applies, unless specifically stated otherwise.  

Should you wish to bring a group to our garden tours, please contact us.

SPECIAL REQUESTS & PREFERENCES

Please specify special requests or preferences at the time of booking. This could be, for example, a diet or special health issues.  We cannot guarantee that Beautiful Gardens of Wanaka operations can cater for them but we will try and discuss options with you.

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Bumble bee in the cherry blossom tree

Cancellations & Refunds

CANCELLING YOUR BOOKING

If you decide to cancel your booking with us, then please provide us with a written notice of cancellation by email to beautifulgardenswanaka@gmail.com. 

The email date and time will be taken into account to calculate refunds as follows:

  • Cancellations received by us 7 days or more prior to the booked tour: you will receive a full refund that you have paid upon booking
  • Cancellations received by us 3-7 days prior to the booked tour: this will incur a cancellation fee of 50% of the total tour price that you have paid upon booking.  You will therefore receive 50% of the sum that you have paid upon booking.
  • Cancellations received by us less than 3 days before the departure of the tour booked: there will be no refund.

However at any time before the tour starts, if one or more of the registered guests is prevented from participating in the trip, this/these guest(s) can be replaced at the request of the said guest by another person or by other persons. Bookings are transferable. 

GIFT VOUCHERS EXCEPTIONS

Gift vouchers are redeemed on https://book.bookit.co.nz/beautiful-gardens-of-wanaka/tours/139899. Vouchers may be used for any garden tour. Once a garden tour available is chosen, then enter the voucher number at the checkout. This will adjust the amount due but no money will be refunded.

Vouchers must be used during the 2022-2023 season. All vouchers issued before the 30th April 2023 and not used will become void on that day. Vouchers are not refundable. However, vouchers are transferable. They are not nominative and can be used by another person.

COVID-19 EXCEPTIONS

As per governmental instructions, if you feel sick, you should stay home. We will refund your full payment up to 10 days after the booked tour, on presentation of a medical certificate stating that you have been sick and tested for COVID-19. Without a medical certificate, the cancellation rules will apply as above. 

IF WE NEED TO CANCEL A GARDEN TOUR

Beautiful Gardens of Wanaka reserves the right to cancel one of its tours at its discretion as a result of unforeseen circumstances.  Cancellation by us may also occur in case of natural disaster or other circumstances amounting to force majeure to arise in the region to which the tour was due to go. It is very unlikely that this will ever occur.  We will endeavour to refund monies already paid by participants, according to circumstances prevailing at the time of cancellation.  However, the traveller will not be entitled to any compensation.

COVID-19 EXCEPTION

If the government changes covid-19 rules preventing our garden tour operations, we will then give you the choice of a full refund or rescheduling when possible.

LIMITS OF OUR LIABILITY

In principle, we accept responsibility for all ingredients of a tour, except those in which the principle of force majeure prevails.

COMPLAINTS

In the event that you have a complaint, you must immediately inform the Beautiful Gardens of Wanaka tour guide, so he/she can take remedial action.  If your complaint is not resolved to your satisfaction or cannot be solved directly, then please submit your complaint to Florence Micoud, owner operator by phone to 02102792481 or by email to florencemicoud@gmail.com in writing no later than 14 days after the tour.

We endeavour to respond to the best of our abilities.

DISCLAIMER

We take great care and pride in providing correct information and the best service at all times.

Although the greatest possible care is exercised in the composition of the contents of our publications and guided tour service, there is the possibility that variation or change mean that they do not reflect accurately what was announced.

Please note that tours visit private gardens. Therefore, circumstances may necessitate alternative gardens to be viewed.

By completing an online booking, you are stating that you agree with Beautiful Gardens of Wanaka Terms and Conditions.

Signed by Florence Micoud,
Director Operator,
Earth Collective Aotearoa Ltd Trading as Beautiful Gardens of Wanaka

Vibernum delicately scented flower

HEALTH & SAFETY

The garden tours are accessible to anyone with an average level of fitness. Our half-days day tour usually moves at a leisurely pace. Expect standing and walking for less than one hour at a time. Occasionally includes uneven terrain, slight slopes and some stairs. 

You may experience changes in temperature. The tours happen whichever the weather so be prepared accordingly, from warm water-proof wind-proof clothes to sun protection. 

The risks in our tours include:

  • Car accident- for which we are insured
  • Fall (Stepping out of the van, uneven grounds, rabbit holes, slippery grass) which we will alert you to during the tour)
  • Insect bites. Please let us know if you are allergic prior to the tour
  • Low Branches – we will alert you to them during the tour
  • Water: ponds, streams – please stay away and keep children in control at all times.
  • We have a comprehensive Health & Safety policy which you can view on request. 

If a guest requires mobility assistance, they must be accompanied by an able companion who is totally responsible for providing the guest’s necessary assistance. We do not provide personal attendant services. We cannot guarantee the tour will be entirely accessible by wheelchair, although it largely will be.

Beautiful Gardens of Wanaka reserves the right to decline any person as a member of the tour at any time, should such person’s mental condition, physical infirmity, or general deportment impede the operation of the tour or the rights, welfare, or enjoyment of other tour members. Such person will have no claim against Beautiful Gardens of Wanaka, its agents, operators or employees. 

INSURANCE

Beautiful Gardens of Wanaka holds a public liability insurance with AIG for up to $1 million. Our policy number is  BIZ 106407.

Chaenomeles – flowering quince

Website Terms and Conditions

Welcome to “Beautiful Gardens of Wanaka” website!

These terms and conditions outline the rules and regulations for the use of Earth Collective Aotearoa Ltd trading as Beautiful Gardens of Wanaka’s Website, located at beautifulgardenswanaka.com.

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator and the Privacy Policy Generator.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Beautiful Gardens of Wanaka if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Participants”, “Clients”, “Guest”, “Visitors”, “Travellers” “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party” or “Parties” refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Cookies

We employ the use of cookies. By accessing Beautiful Gardens of Wanaka, you agreed to use cookies in agreement with the Earth Collective Aotearoa Ltd trading as Beautiful Gardens of Wanaka’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Earth Collective Aotearoa Ltd trading as Beautiful Gardens of Wanaka and/or its licensors own the intellectual property rights for all material on Beautiful Gardens of Wanaka. All intellectual property rights are reserved. 

All photos, images and artworks are licenced unless otherwise specified. You may access this from Beautiful Gardens of Wanaka for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Beautiful Gardens of Wanaka
  • Sell, rent or sub-license material from Beautiful Gardens of Wanaka
  • Reproduce, duplicate or copy material from Beautiful Gardens of Wanaka
  • Redistribute content from Beautiful Gardens of Wanaka

If you or your organisation is interested in using one of our images or artwork, please send your request to beautifulgardenswanaka@gmail.com. Include your name, your organization name, contact information as well as the intended use of the image and artwork. Please allow 2 weeks for a response.

Comments

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Earth Collective Aotearoa Ltd trading as Beautiful Gardens of Wanaka does review Comments prior to their presence on the website. However, comments do not reflect the views and opinions of Earth Collective Aotearoa Ltd trading as Beautiful Gardens of Wanaka, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Earth Collective Aotearoa Ltd trading as Beautiful Gardens of Wanaka shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Earth Collective Aotearoa Ltd trading as Beautiful Gardens of Wanaka reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Earth Collective Aotearoa Ltd trading as Beautiful Gardens of Wanaka a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors
  • Commonly-known consumer and/or business information sources;
  • Community sites, associations or other groups representing charities;
  • Online directory distributors;
  • Internet portals;
  • Accounting, law and consulting firms; and
  • Educational institutions and trade associations.

These organizations may link to our home page, to publications or to other Website information so long as the link: 

  • is not in any way deceptive; 
  • does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services;
  • fits within the context of the linking party’s site;
  • the link would not make us look unfavorably to ourselves or to our accredited businesses; 

If you are not one of the organizations listed above and are interested in linking to our website, please send us an e-mail to beautifulgardenswanaka@gmail.com including your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please allow 2 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name or Beautiful Gardens of Wanaka name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Earth Collective Aotearoa Ltd trading as Beautiful Gardens of Wanaka’s logo, photo or other artwork will be allowed for linking prior to a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Beautiful Gardens of Wanaka Privacy Policy below.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment by email to beautifulgardenswanaka@gmail.com. We will consider requests to remove links. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: 

(a) are subject to the preceding paragraph; and 

(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Bee, busy in daffodils

Website Privacy Notice

Thank you for choosing to be part of our community at Earth Collective Aotearoa Ltd, doing business as Beautiful Gardens of Wanaka (“Beautiful Gardens of Wanaka”, “we”, “us”, “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at beautifulgardenswanaka@gmail.com.

When you visit our website beautifulgardenswanaka.com (the “Website”), use our booking facility, use our Facebook or our Instagram application and more generally, use any of our services (the “Services”, which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website and App), as well as, any related services, sales, marketing or events.

The website and Apps we use are:

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

WHAT INFORMATION DO WE COLLECT?

Information collected through our Applications:

In Short:  We collect information regarding your geo-location, mobile device, and Facebook permissions when you use our applications.

If you use our applications, the following information is collected:

  • Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
  • Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s calendar, reminders, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
  • Facebook and Instagram Permissions. By default, we may access your Meta basic account information, including your name, email, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.

HOW DO WE USE YOUR INFORMATION?

In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, returns, and exchanges made through the Services
  • We do not receive, hold nor manage your payment details as these are managed by Stripe, in partnership with Bookit, our chosen booking system.
  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
  • To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
  • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  Our website and Apps may use cookies and other tracking technologies to collect and store your information.

Our website and apps may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?     

In Short:  We may transfer, store, and process your information in countries other than your own.

The wordpress servers are located in the USA. The Bootit software is located in Australia. The Google serveurs we use for our communication etc. are located throughout the world. If you are accessing our Services from outside, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see “WILL YOUR INFORMATION BE SHARED WITH ANYONE?” above), in and other countries.

If you are a resident in the European Economic Area, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.

HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 2 years.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short:  We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

DO WE COLLECT INFORMATION FROM MINORS?

In Short:  We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at beautifulgardenswanaka@gmail.com.

WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. 

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?     

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please send your request to beautifulgardenswanaka@gmail.com. We will respond to your request within 30 days.

DO WE MAKE UPDATES TO THIS NOTICE?     

In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

HOW CAN YOU CONTACT US ABOUT THIS NOTICE?     

If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), Florence Micoud, by email at florencemicoud@gmail.com, by phone at 02102792481, or by post to:

Earth Collective Aotearoa Ltd
Florence Micoud
69 Studholme Road, RD2
Wanaka 9382
New Zealand

This privacy policy was created using Termly’s Privacy Policy Generator.

Updated on the 18/07/2022

A stunning hellebore, winter rose to thank you for reading this long legal page!