Terms of Service

Welcome to openfield.co.nz (the "Website"), operated by Openfield ("we," "our," or "us"). Our Website provides information about Brookeside Country Escape, a luxury farm stay accommodation located in Canterbury, New Zealand. These Terms of Service ("Terms") govern your access to and use of this Website. Please read these Terms carefully before using our Website.

1. Acceptance of Terms

By accessing, browsing, or otherwise using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must discontinue use of the Website immediately.

These Terms constitute a legally binding agreement between you and Openfield. We may update these Terms from time to time, and your continued use of the Website following any changes constitutes acceptance of those revised Terms. It is your responsibility to review these Terms periodically.

2. Use of the Website

This Website is provided for informational purposes only. It is intended to showcase Brookeside Country Escape, display property availability, and direct prospective guests to third-party booking platforms. The Website does not process bookings, payments, or create user accounts.

You agree that you will not:

• Use the Website for any unlawful purpose or in violation of any applicable local, national, or international law or regulation
• Attempt to gain unauthorised access to any portion of the Website, its servers, or any systems or networks connected to the Website
• Interfere with or disrupt the integrity or performance of the Website or the data contained therein
• Use any automated system, including but not limited to bots, scrapers, or crawlers, to access the Website for any purpose without our prior written consent
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Website for commercial purposes without our express written permission
• Transmit any viruses, malware, or other harmful code through the Website
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity

We reserve the right to restrict or terminate your access to the Website at our sole discretion, without notice or liability, for any reason, including but not limited to a breach of these Terms.

3. Accuracy of Information

We endeavour to ensure that the information presented on this Website is accurate, complete, and current. However, we do not warrant or guarantee the accuracy, reliability, or completeness of any information displayed, including but not limited to property descriptions, photographs, amenities, availability data, pricing indications, or any other content.

Availability information displayed on this Website is sourced from third-party calendar feeds and is provided for general guidance only. Real-time availability and confirmed pricing are determined solely by the applicable third-party booking platform at the time of booking. We accept no liability for any discrepancies between availability shown on this Website and availability on third-party platforms.

Photographs and descriptions of the property are intended to provide a representative impression of Brookeside Country Escape and may not reflect the exact current condition of the property or its surroundings at the time of your stay.

4. Booking Process and Third-Party Platforms

This Website does not facilitate direct bookings, process payments, or handle any transactional activity. All accommodation bookings for Brookeside Country Escape are completed through third-party platforms, including but not limited to Airbnb and Booking.com.

When you follow a link from our Website to a third-party booking platform, you leave our Website and enter a site operated by an independent third party. Your use of any third-party platform is subject to that platform's own terms of service, privacy policy, cancellation policy, and any other applicable agreements. We are not a party to any booking transaction you enter into on a third-party platform.

The following booking parameters apply to Brookeside Country Escape and are enforced by the respective booking platforms:

• Stay duration: Minimum of 1 night, maximum of 7 nights per booking
• Guest capacity: Maximum of 3 adults per booking
• Infants: Maximum of 1 infant per booking

We do not guarantee the availability, accuracy, or functionality of any third-party booking platform, and we accept no liability for any loss, damage, or inconvenience arising from your use of such platforms.

5. Feedback and Marketing Communications

Our Website provides a feedback form on which you may voluntarily share your name, email address, the source by which you heard about us, and a message. By submitting the form you confirm that the information you provide is your own and that you are happy for it to be read by the host for the purposes of operating and improving the property.

The feedback form includes an optional checkbox to opt in to receiving occasional marketing communications from Openfield, such as news of new experiences, seasonal offers, or suggestions of things to do nearby. This box is unticked by default and ticking it constitutes your express consent under the Unsolicited Electronic Messages Act 2007. You may withdraw your consent at any time by replying "unsubscribe" to any marketing email or by contacting us at the address in Section 17. We will not sell, trade, or share your details with any third party for marketing purposes.

You agree not to submit content through the feedback form that is unlawful, defamatory, abusive, infringes any third party's rights, or contains the personal information of any other person without their consent. We reserve the right to delete any submission and to refuse further submissions from anyone who breaches this section.

6. Property Rules and Guest Conduct

All guests staying at Brookeside Country Escape are required to comply with the following property rules. These rules are communicated through the booking platform and may be updated from time to time. The most current rules will be provided at or before the time of check-in.

• No smoking: Smoking is strictly prohibited inside the property and in all enclosed areas. This includes cigarettes, e-cigarettes, and vaping devices.
• No parties or events: Parties, gatherings, and events are not permitted at the property. The property is intended for quiet enjoyment by registered guests only.
• Pets: Pets are not permitted as a default. However, arrangements may be made on a case-by-case basis by contacting us prior to booking. Any approval for pets is at our sole discretion and may be subject to additional conditions.

Breach of any property rules may result in immediate termination of your stay without refund, and you may be held liable for any damage, additional cleaning costs, or other expenses incurred as a result of such breach.

7. Cancellation and Refunds

Because all bookings for Brookeside Country Escape are made through third-party platforms, cancellation and refund policies are determined and administered entirely by the applicable booking platform (e.g., Airbnb or Booking.com). We do not directly process cancellations or refunds.

If you need to cancel or modify a booking, you must do so through the platform on which the booking was made, in accordance with that platform's cancellation policy. We encourage you to review the cancellation terms carefully before confirming any booking.

For any disputes regarding cancellations, refunds, or booking modifications, please contact the relevant booking platform directly. While we are happy to assist where we can, the ultimate resolution of such matters lies with the booking platform.

8. Intellectual Property

All content on this Website, including but not limited to text, photographs, graphics, logos, icons, design elements, page layout, software, and the overall look and feel of the Website (collectively, the "Content"), is the property of Openfield or its licensors and is protected by New Zealand and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and view the Content solely for your personal, non-commercial use in connection with exploring Brookeside Country Escape as a prospective guest. This licence does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works based on the Content
• Use the Content for any commercial purpose without our prior written consent
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Content
• Frame or mirror any portion of the Website on any other server or internet-based device

Any unauthorised use of the Content may violate copyright, trademark, and other applicable laws and could result in civil or criminal penalties.

9. Limitation of Liability

To the fullest extent permitted by applicable law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, Openfield, its owners, operators, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with:

• Your access to, use of, or inability to use the Website
• Any errors, omissions, or inaccuracies in the Content, including availability information or property descriptions
• Any actions taken or decisions made by you in reliance on information provided on the Website
• Any unauthorised access to or alteration of your transmissions or data
• Any conduct of any third party on or related to the Website
• Any transactions, disputes, or interactions with third-party booking platforms

The Website and all Content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms is intended to limit or exclude any rights or remedies you may have under the Consumer Guarantees Act 1993 or any other consumer protection legislation that cannot be lawfully excluded or restricted.

10. Indemnification

You agree to indemnify, defend, and hold harmless Openfield, its owners, operators, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of or access to the Website
• Your breach of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any damage to property or injury to any person arising from your conduct at Brookeside Country Escape

This indemnification obligation shall survive the termination of these Terms and your use of the Website.

11. External Links

This Website may contain links to third-party websites, including but not limited to Airbnb, Booking.com, Google Maps, and other external resources. These links are provided solely for your convenience and do not constitute an endorsement, approval, or recommendation by Openfield of the content, products, services, or practices of any third-party website.

We have no control over and assume no responsibility for the content, privacy policies, practices, availability, or accuracy of any third-party websites. Your interaction with any third-party website, including those linked from our Website, is entirely at your own risk and subject to the terms and conditions of that third-party website.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the courts of New Zealand, and you consent to the personal jurisdiction of such courts.

The following New Zealand legislation applies to the services described on this Website and your use thereof, to the extent applicable:

• Consumer Guarantees Act 1993
• Fair Trading Act 1986
• Contract and Commercial Law Act 2017

Nothing in these Terms shall operate to exclude or limit any statutory rights that cannot be lawfully excluded or limited under New Zealand law.

13. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website ("Dispute"), the parties agree to first attempt to resolve the matter through good-faith negotiation. You may contact us at terrace.end@xtra.co.nz to initiate a discussion regarding any Dispute.

If the parties are unable to resolve the Dispute through negotiation within 30 days of the initial written notice, either party may refer the Dispute to mediation administered by a mutually agreed mediator in Canterbury, New Zealand. The costs of mediation shall be shared equally between the parties unless the mediator determines otherwise.

If mediation is unsuccessful, either party may pursue resolution through the courts of New Zealand in accordance with Section 12 of these Terms. Nothing in this section prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

14. Termination of Access

We reserve the right to suspend, restrict, or terminate your access to the Website at any time, without prior notice, for any reason or for no reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Website ceases immediately.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, limitation of liability, indemnification, and governing law.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Openfield with respect to your use of the Website and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and Openfield relating to the Website.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

The failure of Openfield to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Openfield.

16. Changes to These Terms

We reserve the right to modify, amend, or replace these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on this page, and the "Last updated" date at the top of these Terms will be revised accordingly.

We encourage you to review these Terms periodically to stay informed of any changes. Your continued use of the Website after any modifications to these Terms constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the Website.

17. Contact

If you have any questions about these Terms of Service or wish to raise a concern regarding your use of the Website, please contact us: