1. Terms of the Agreement
1.1 These terms apply when the owner or authorized manager or agent of the holiday house (“the owner”) agrees to rent the Kerikeri Entertainer holiday house (“the Holiday House”) to the renter (“renter”). The renter agrees to rent the Holiday House from the owner on the following terms and conditions (“the Agreement”).
1.2 Unless otherwise provided in the Agreement, the term “renter” includes the person or persons entering into the Agreement with the owner together with all other people that will occupy the Holiday House during the period that the Holiday House is rented (“the Term”) or may visit the Holiday House during the Term.
2. Bookings/Deposits/Cancellation of Bookings
2.1 A booking may be made by a renter contacting the owner of the Holiday House and seeking confirmation as to its availability and reserving dates to rent the Holiday House for the Term. This includes bookings made via www.holidayhomes.co.nz, www.holidayhouses.co.nz, www.bookabach.co.nz, www.travelbug.co.nz , www.visitkerikeri.com and affiliates.
- The booking will be confirmed either by providing credit details which will be held for security or by paying a 50% deposit.
- The full rental is payable prior to check-in on the day of arrival by direct credit to the owners account.
- Email confirmation of a booking will be provided to the renter once the credit card details deposit or full payment has been received by the owner.
Amendments to Bookings
- The owner may refuse to register any amendments to a booking requested by the renter once a Confirmation has been provided to the renter;
- Subject to paragraph 2.5a, if a renter cancels a booking and books another Term, the owner may agree to transfer the deposit paid from the cancelled booking to the new booking.
- If a Confirmation has been obtained and the renter cancels the Agreement within 21 days prior to the date of commencement of the Term the full rental may be forfeited by the renter, and the renter will remain liable for the full rental.
3.1 The renter acknowledges that he/she/they, is/are responsible to the owner for all breakage, destruction, costs, fines incurred or damage caused to the Holiday House, including any contents, by the renter during the Term. The renter must immediately reimburse the owner for all such breakages, destruction, costs, fines or damage.
3.2 If the Term is more than 14 days the owner may request a bond of $500.00 from the renter, to be held by the owner on trust until the end of the Term. If a bond is held by the owner it shall not limit any liability of the renter under paragraph 3.1 above.
4. Occupation of the Holiday House
4.1 The renter may not allow more people than that permitted in the terms of the Confirmation or as set out on the site to occupy the Holiday House.
4.2 The owner may terminate the Agreement if;
- the permitted number of renters is exceeded; and
- The owner has notified the renter of their breach of the Agreement and the renter has failed to rectify the breach within 24 hours of receiving notification from the owner.
4.3 There is a no smoking policy in the Holiday House.
4.4 Smoking may be permitted within the boundaries of the property provided the renter ensures that all associated rubbish is removed at the end of the Term.
5. Arrival and Departure Times
5.1 Subject to paragraph 5.2, the Holiday House will be available for occupation from 2.00 p.m. on the day of arrival and must be vacated by 10.00 a.m. on the day of departure.
5.2 The arrival and departure times may be varied by agreement between the owner and the renter as set out in the Confirmation.
5.3 The owner must be provided with 48 hours notice of the requested time of the arrival of the renter so the owner may make the required arrangements in respect of the keys for the Holiday House.
6. Additional Facilities Available in the Holiday House
6.1 If any additional facilities, as listed in the Confirmation, are used by the renter the renter uses those additional facilities at its sole risk.
7. Renter’s Chattels and Personal Belongings
7.1 The owner accepts no responsibility for any loss, or damage, to any of the renter’s chattels or personal belongings at the Holiday House during the Term.
8.1 If the renter is not entirely satisfied with the Holiday House they must immediately contact the owner or the owner’s representative as set out in the Confirmation.
8.2 In the unlikely event that a complaint of the renter is not addressed by the owner during the Term, the renter may make their complaint, in writing, within 14 days after the end of the Term.
9.1 Should any dispute arise between the owner and the renter which cannot be mutually resolved, the matter shall be referred to an arbitrator if one can be agreed upon, or failing agreement, to the President of the Arbitrators and Mediators Institute of New Zealand to appoint an arbitrator. Any such arbitration is to be carried out in accordance with the provisions of the Arbitration Act 1996 and all decisions will be deemed final.
10.1 The renter undertakes that it will not do, or omit to do, any action that would invalidate or adversely affect any insurance policy held by the owner in respect of the Holiday House and/or its contents.
11. Privacy Act 1993
11.1 All information obtained by the owner in respect of the renter and in particular the renter/s financial circumstances, is for the owner/s requirements to determine the credit worthiness of the renter. The renter authorizes the owner to exchange this information with a credit agency. The renter understands that if the renter defaults on any payment under this Agreement, that default may be listed with a credit agency. Any information provided to a credit agency is available by other users of that agency/s services.
12. Consumer Guarantees Act 1993
12.1 If the Holiday House is being used by the renter for business purposes as that term is defined in the Consumer Guarantees Act 1993 then pursuant to the provisions of the Act the terms and guarantees of the Act do not apply to this transaction.
13. Residential Tenancies Act 1986
13.1 The owner and the renter agree that the Term shall not exceed 120 days and this Agreement is not subject to the Residential Tenancies Act 1986.
14. Force Majeure
14.1 The owner is not responsible for the non-availability or the early termination of the Agreement for any matter or reason which is beyond its control.