Terms & Conditions
General Terms and Conditions
These terms and conditions affect your legal rights. It is important that you read this agreement carefully before making a purchase. By signing this agreement or by selecting “I agree to the Terms and Conditions” you acknowledge that you have read, understood and agreed to be bound by the terms and conditions in this agreement. If you are making a purchase on behalf of another person, you agree that you are their agent so that they will be bound by this agreement.
At The 19th on Devon Limited (NZBN: 9429052902280) T/A The 19th (‘we’, ‘us’, ‘our’) as the supplier of recreational services including but not limited to: indoor golf simulator bay hire, food and beverage, and general use of premises at The 19th venue. Using the facilities and partaking in activities at The 19th are done according to the terms and conditions of this agreement.
Conditions of entry
We will not be liable for any personal injury or loss where negligence cannot be attributed to us.
We reserve the right to deny entry and/or service to persons under the age of 13 unless accompanied by a supervising companion over the age of 18.
We reserve the right to deny entry or cancel your access if you:
Reasonably appear to be under the influence of or in possession of alcohol or illicit substances.
Fail to comply with the terms and conditions or fail to follow the instructions of The 19th staff.
Behave in an offensive, reckless, careless, or threatening manner to other customers or staff.
Are reasonably believed to be a danger to yourself, others, or your surroundings.
Participation Warning and Acknowledgement
You agree any sporting or leisure activity of any kind that is conducted at our premises which you participate in, including passive participation (e.g. observing), has an inherent risk and may result in personal injury and death. You assume and accept all risks.
You affirm that you understand the scope, nature, and extent of the risks involved in the recreational activity covered by these terms and conditions and that you are not impaired by drugs, excessive alcohol consumption, or any other factor that may affect your ability to safely engage in activities.
You acknowledge and are aware that the physical and mental exertion required to engage in the recreational activity and/or to participate in the activity can activate or aggravate a pre-existing physical condition. Participation is not recommended for guests with back or neck problems, heart conditions, or recent surgery. You should always seek medical advice if you are in doubt about your health.
You acknowledge that risks may also arise from the actions of other participants or spectators (e.g. reckless behaviour, failure to follow safety rules) which are not condoned by The 19th but may nevertheless occur.
You agree to pay the cost of and authorize The 19th to take all steps it considers reasonably necessary to protect your welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
Subject to the provisions in this agreement, you release, discharge and forever hold harmless The 19th, its employees, agents, directors, and representatives from all liability, obligation, and responsibility of any nature whatsoever relating to, touching upon or arising directly or indirectly from your engagement in the recreational activity and from your participation in any related or incidental activities.
To the maximum extent permitted by law, The 19th will not be liable for any indirect, incidental, or consequential losses, including loss of profit, loss of opportunity, or business interruption.
Bookings
Bookings for activities and services at The 19th (186 Devon Street East, New Plymouth 4310, New Zealand) are subject to the following terms:
Bookings are made online, through the booking system provided at www.the19th.co.nz, via phone, or in person.
By booking online, you agree to the terms and conditions and privacy policy set out by whatever third party processes the booking and payment.
Online payments – online payments are processed securely through Windcave; by entering your name and card details, you agree to share this information with this third party.
Refunds & Rescheduling
No-shows: strictly no refund and no credit.
Rescheduling: permitted only with at least 24 hours’ notice.
Less than 24 hours’ notice: no refund or reschedule permitted.
Applies equally to all bookings, including corporate, group, and party bookings.
General Guidelines
Please arrive 10 minutes prior to your booked session for processing and introduction.
Your booking duration and price is shown when making a booking and is included in your confirmation email.
All transactions are in New Zealand dollars, including GST. Fees and charges shown on any website affiliated with The 19th, and on or around the venue are subject to change without notice.
You acknowledge that despite our reasonable precautions, The 19th products or services may be listed at the incorrect price, with incorrect information, or unavailable due to an error or oversight. In these instances, we reserve the right to cancel the transaction, notwithstanding that your booking has been confirmed, and full payment has been made.
Your Responsibilities
By your participation you accept the inherent risks of possible injury or harm associated with the activity. You agree to abide by the following safety rules in addition to all verbal and posted instructions:
Check in with staff before entering the simulator bay area.
Ensure golf clubs and footwear are clean before entering (strictly no spikes).
Only one person is to be in the hitting area at one time.
You must hit from the hitting mat, no running starts or horseplay.
You are responsible for the safety of others around you and must always check your surroundings before swinging a club.
Aim to hit the hitting screen only.
Those aged under 13 must be supervised by an adult or legal guardian.
You must only hit one golf ball at a time.
IMPORTANT: NO LONG-DRIVE DRIVERS!!!
Photographs and videos are for personal use only and not for any commercial purposes.
You must follow all staff instructions, written and verbal.
Golfers must be responsible for any damage or missing hired clubs and will be charged for replacement at wholesale cost.
Golfers are financially responsible for any damage caused by failure to follow the directions of the Rules and Guidelines.
You are responsible for your own property; we will not be responsible for any loss.
Smoking, vaping, and use of e-cigarettes is not permitted anywhere inside the building.
Any damage to The 19th property will result in you paying the repair and/or replacement costs.
Gift Cards & Multipasses
Gift cards and multipasses are valid for 12 months from the date of purchase.
They are non-refundable and cannot be redeemed for cash.
They are non-transferable and may not be resold or used for advertising or promotional purposes without written consent from The 19th.
Marketing Consent
You acknowledge and agree that upon entrance to the premises, you may be photographed and/or videoed for security, safety and promotional purposes. By providing your email you agree to receive promotional and marketing content. You are able to unsubscribe from these emails at any time.
We may use any photographs or videos we take of you for our commercial purposes without payment to you.
Third Party Links
Our website contains hyperlinks and other pointers to websites operated by third parties. Unless otherwise specified at those websites, hyperlinked websites are not controlled by us. By using those links, you acknowledge and agree that:
We are not responsible for the contents of any hyperlinked websites, or any hyperlink contained in a hyperlinked website.
We provide these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the hyperlinked website by us.
You access such hyperlinked websites entirely at your own risk.
Legal rights and remedies
Notwithstanding any other provisions of these terms and conditions, nothing in these terms of conditions are intended to affect the rights and remedies available to you under the New Zealand Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA), unless you are in trade and using this website or our recreational activities for business purposes, then you agree the relevant provisions of the CGA and FTA will not apply.