Terms & conditions

When you use Hotelgiftcard.com in New Zealand, different sets of terms may apply depending on how you interact with the website:
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1. Use of the Hotelgiftcard
Use of the Hotelgiftcard is subject to the General Terms and Conditions of Hotelgiftcard.com. These explain how the card works, its validity period, and your rights and obligations as a user.
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2. Bookings Made Through Our Website
If you use your Hotelgiftcard to book accommodation, the booking is facilitated via the Expedia Partner Network. The following additional terms apply:
• The Booking Terms and Conditions of Expedia Inc. / Travelscape LLC, which you must explicitly accept during the booking process.
• The terms of the selected accommodation provider, including cancellation policies, house rules, and any applicable fees, which are shown at the time of booking.
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3. The Role of Hotelgiftcard.com
Hotelgiftcard.com provides the platform and the gift card product but is not a contractual party to any accommodation agreement.
Hotelgiftcard.com (HGC) acts solely as an intermediary between the User and the accommodation provider and does not issue tax invoices for bookings.

Hotelgiftcard.com (HGC): The organisation behind the Hotelgiftcard, including its legal successors.
User: Any person who purchases or uses a Hotelgiftcard to book accommodation at Partner Properties.
Agreement: The legal relationship between the User and HGC.
Gift Card: The Hotelgiftcard issued by HGC or its authorised Resellers, with a prepaid monetary value.
Balance: The value loaded on the Gift Card, up to a maximum of NZD $1000, which can be used to book accommodation.
Remaining Balance: The unused portion of the Balance.
Partner Properties: Accommodation options listed via the Expedia Partner Network, bookable via HGC’s website. HGC has no direct contractual relationship with these providers.
Expedia Partner Network: The booking platform HGC uses to connect Users to Partner Properties.
Resellers: Authorised businesses that sell Hotelgiftcards on behalf of HGC.

3.1 Multiple Legal Relationships:
Using the Gift Card and booking accommodation through the HGC website creates multiple legal relationships:

Between the User and HGC (subject to these Terms);
Between the User and (i) Expedia Inc. / Travelscape LLC and (ii) the chosen Partner Property.

HGC acts solely as a facilitator and is not a party to the accommodation contract.

3.2 Acceptance of Terms:
By purchasing or holding a Hotelgiftcard, the User accepts these General Terms and Conditions in full.

3.3 Changes to Terms:
HGC may update these Terms at any time. Material changes will be clearly communicated on the Hotelgiftcard.com website in advance where possible.

3.4 Exceptions:
Deviations from these Terms are valid only if confirmed in writing by HGC.

3.5 Assignment:
HGC may transfer its rights and obligations to a related entity or third party, provided this does not materially affect the User’s rights.

Consumer Protection Notice (New Zealand)

These Terms do not limit your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand consumer protection law. In the event of a conflict between these Terms and New Zealand law, the law shall prevail.

4.1 Purchase:
The Gift Card may only be purchased through Hotelgiftcard.com (HGC) or its authorised Resellers.

4.2 Responsibility for use:
Once purchased, the User is solely responsible for the safekeeping of the Gift Card and any associated codes.

4.3 Use of the balance:
The balance may only be used to book accommodation at Partner Properties via the HGC website.

4.4 Finality of payment:
Payments made with the Gift Card are final once confirmed on the HGC website.

4.5 Validity and expiry of the balance:
This Gift Card can only be used to book accommodation at hotelgiftcard.com. It cannot be exchanged for cash. No refunds or replacements will be provided in cases of loss, theft, damage due to misuse, or expiry. No refunds or credit are issued for unused balance. The Gift Card is valid for three (3) years from the date of activation (which occurs automatically after purchase). Balance and expiry information is available at any time at hotelgiftcard.com.

4.6 Transferability:
The Gift Card may only be transferred free of charge. The User remains responsible for its secure and appropriate use.

4.7 Service fees:
HGC charges a transparent service fee to facilitate accommodation bookings via the Expedia Partner Network. This fee is clearly displayed during checkout.

5.1 Loss or theft:
HGC is not liable for the loss or theft of a Gift Card. Users must notify HGC immediately in such cases.

5.2 Misuse or fraud:
In the event of suspected fraud or misuse, HGC reserves the right to block the Gift Card and take legal action if necessary.

5.3 Card damage:
If a Gift Card is physically damaged, the remaining balance may be transferred to a new card, subject to an administrative processing fee.

6.1 Intermediary role:
HGC acts solely as an intermediary between the User and the Expedia Partner Network. The accommodation contract is concluded directly between the User and the selected Partner Property.

6.2 Limitation of liability:
To the extent permitted by law, HGC shall not be liable for any loss or damage arising from use of the Gift Card or the accommodation agreement, except in cases of gross negligence or wilful misconduct. In other cases, HGC’s liability is limited to the value of the affected booking.

6.3 Force majeure:
HGC shall not be held liable for delays or failures due to circumstances beyond its reasonable control, including—but not limited to—system outages, government restrictions, pandemics, natural disasters, or labour disruptions.

6.4 System availability:
Temporary unavailability of (parts of) the HGC website or the Expedia booking system shall be considered a force majeure event and does not entitle the User to any refund or compensation.

7.1 Physical Gift Cards:
Physical Gift Cards may be cancelled within 14 days of receipt, provided they have not been used or activated.

7.2 Digital Gift Cards:
Digital Gift Cards are non-refundable and cannot be cancelled once the unique code has been delivered and activated.

7.3 Business purchases:
Orders made for business purposes are not eligible for cancellation or refund under New Zealand consumer law.

10.1 Governing law:
These Terms are governed by the laws of New Zealand.

10.2 Exclusion of international sales law:
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

10.3 Jurisdiction and disputes:
Any dispute arising from these Terms will be resolved in the courts of New Zealand, unless otherwise required by mandatory local consumer protection law.

10.4 Business disputes:
Where one party is a legal entity, disputes shall first be subject to a good-faith attempt at resolution, including (where appropriate) mediation, before formal legal proceedings may commence.

10.5 Severability:
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force. Any invalid provision shall be replaced by one that most closely reflects its original intent.

10.6 Language clause:
In case of conflict between translated versions of these Terms, the English version shall prevail for users in New Zealand.