Terms and Conditions            

Omana Luxury Villa

Overview

This agreement outlines the terms and conditions which you agree will apply to your rental booking for the property Omana Luxury Villa at 379D Gordons Road, Waiheke. If you booked through a Third-Party then these terms and conditions are to be read in conjunction with that Third-Party’s terms and conditions.

The owner of the rental accommodation will comply with the obligations set out in the Privacy Act 1993 when it comes to storing a guest’s private information, which is necessary to obtain for the purposes of making a booking.  

The parties to this agreement agree that in the event the rental booking is being made by a business in relation to business activities then the Consumer Guarantees Act 1993 (CGA) or equivalent consumer protection legislation, to the extent permissible by law, does not apply to this agreement or any transactions contemplated under it. Both the owner of the accommodation and the business owner agree that they are in trade and that it is fair and reasonable to contract out of the provisions of the CGA.

1 Interpretation

1.1 Definitions

Booking Statement means the statement provided by the Owner to you detailing the charges and costs of hiring the Property;

Default Interest means interest at an interest rate of 12%;

Invitee means any members of your rental group or any other person visiting the Property during the rental period;

Owner means the person, people or family that own the holiday home you are renting;

Property refers to the property at 379D Gordons road, known as Omana Luxury Villa which is being rented and includes all buildings, land, fixtures, fittings, chattels, equipment and contents at the address of the Property;

Third-Party means the business through which you made your booking. Including but not limited to Booking.com, Air BnB and others online travel agents

You mean the person making the booking and renting the holiday home and whose name is shown on the booking summary.

2 Charges and Fees

2.1 Third-Party booking

If You have booked through a Third-Party, the charges and fees will be as set out by that Third-Party and Your booking will be confirmed by paying the deposit specified, directly to the Third-Party. Refer to the Third-Party’s Terms and Conditions for a schedule of payments. If that Third-Party does not provide charges and fees to You then the charges and fees will be our ordinary charges and fees from time to time.

When booking by a third-party, You agree to pay all charges listed on the Booking Statement, including, but not limited to rental, booking fee and other service hire.

2.2 Owner booking

When booking directly through the Owner, You agree to pay all charges listed on the Booking Statement, including, but not limited to, rental, booking fee and other service hire.

We require 50% deposit 30 days prior to your arrival, or upon booking if less than 30 days. The remaining balance is due 7 days before the check-in date, or upon booking if the booking is made 7 days or less before the check-in date.

2.3 You agree to pay on demand without set off and deduction all additional charges incurred during the rental including, but not limited to rubbish removal, additional cleaning charges, early check in/late check out fees, costs to rectify any damage to the Property and additional guest charges. The additional charges will be our ordinary charges from time to time. The Owner will provide You with an itemised account of any additional charges.

3 Bond, Damages and Credit Cards

3.1 The Owner may choose to charge a bond of $250.00 to $1,000.00 per booking at the Owner’s sole discretion. This bond can be charged regardless of whether You booked through the Owner or through a Third-Party.

3.2 In the event that a bond has been charged and paid for by You, You authorise the Owner to deduct any additional charges. Where the bond is insufficient to cover any additional charges incurred, the Owner will issue an invoice for the difference and You must pay this invoice within seven (7) days of the invoice date (Payment Period). If You fail to make payment within the Payment Period, then the Owner reserves the right to charge Default Interest on the amount outstanding.

3.3 The Owner will refund any bond, minus any additional charges due, within 14 days of the final date of the rental period ending. Any bonds collected by a Third-Party will be held by them and refunded to you directly by them as per the schedule they specify in their terms and conditions.

3.4 You are responsible to the Owner for breakage, damage and destruction to the Property, direct and indirect costs, fines occurred and any charges from You or any Invitees. You agree to indemnify the Owner against any losses or damages suffered by the Owner as a consequence of any of the aforementioned breakage, damage and destruction or the breach of clause 9 and to immediately upon demand reimburse the Owner.

3.5 You must advise the Owner immediately of any damages You have caused accidentally or otherwise and any damage You identify on arrival at the Property.

3.6 Where You use a credit card to pay for the booking, You warrant that You have full authorisation to use the credit card. The Owner accepts no liability to any third party for any charges made to their card with Your instruction.

4 Booking Acceptance

4.1 All booking requests will be accepted or declined at the Owner’s and/or the Third Party’s discretion according to the information provided by You.

4.2 You must be present and onsite for the duration of the stay unless agreed in writing with the Owner and/or the Third-Party prior to the stay.

4.3 A booking request will only be confirmed once the Owner has received the deposit or the booking has been confirmed through a Third-Party channel.

4.4 If the Deposit has not been paid within 24 hours after payment is requested, the Owner or the Third-Party reserves the right to cancel the booking and rent the Property to another party.

4.5 The Owner or any Third-Party is not required to accept a booking request if they are not satisfied that You or any member of your group is not an appropriate person to be accommodated at the Property.

4.6 The Owner will take into consideration its Vaccine Policy as set out at clause 14 of these terms and conditions, in its decision to accept or decline Your booking request.

5 Cancellation

5.1 For bookings made through a Third-Party, refer to the cancellation policy in their terms and conditions for information on refunds. For bookings made through the Owner or if the Third-Party does not explicitly address cancellation, the following cancellation policy applies:

(a) Base policy: 14-day and 30-day cancellation windows

(b) Travelers who cancel 30 days or more before 6:00 PM NZST on the day of check-in are charged no fee.

(c) Travelers who cancel between 30 and 14 days before 6:00 PM NZST on the day of check-in are charged 50% of the booking amount.

(d) Travelers who cancel less than 14 days before 6:00 PM NZST on the day of check-in (including no-shows) are charged 100% of the booking amount.

5.2 If for any reason the Property becomes uninhabitable prior to the commencement of the booking, resulting in cancellation, then the Owner will refund to You all monies paid in full. If You booked through a Third-Party then their refund policies will apply. If that Third-Party does not have a refund policy, then the Owner’s shall apply.  

5.3 If the Property becomes uninhabitable during the rental period, the Owner will cancel the remainder of the booking and refund the rental amount (pro rata for the nights not stayed). If You booked through a Third-Party then their policy will apply.

5.4 If You depart early or fail to show up for a booking, You will not be entitled to a refund.

6 Arrivals and Departures

6.1 Standard check-in time is between 3pm on the day of arrival and check-out is by 12pm on the day of departure.

6.2 You agree to arrive and depart within the timeframes specified at clause 6.1 above unless otherwise agreed.

6.3 On the morning of Your arrival, You will receive an email with a PIN code as Your room key. The Property is otherwise key-less.

7 Linen

7.1 The Owner will provide bed sheets, pillow cases, bath towels and face cloths per person, hand towels, tea towels and bath mats.

7.2 The beach towels, bag and beach umbrella provided may only be used on the Property.

8 Animals

8.1 You are not permitted to bring any animals, except for support dogs, onto the Property.

9 Your responsibilities and conduct at the Property  

9.1 By making a booking at the Property, You agree that You are ultimately responsible for the actions of yourself, and the Invitees, for the duration of their stay. You must seek prior written approval if You are booking on behalf of another person and will not be staying at the Property.

9.2 You are liable for any and all costs associated with any breach of the terms and conditions contained in this document and any Third-Party terms and conditions.

9.3 You are liable for any and all costs associated with making good any damage done to the Property, as a result of Your actions or the actions of any Invitees during the stay.

9.4 You understand and agree that any breach of the terms and conditions could result in eviction from the Property during the stay. Should You be evicted from the Property, You agree and acknowledge that all amounts paid will be forfeited.

9.5 The number of guests staying at the Property must not exceed the number of guests You have booked the Property for. You must obtain the Owner or the Third Party’s consent for any additional guests and it is at the Owner or the Third Party’s sole discretion whether they permit any additional guests. You acknowledge that there may be charges for additional guests if approved.  

9.6 Children are not permitted on the Property. This is an adults-only property.

9.6 No camping, tents or caravans are permitted on the Property.

9.7 You must be respectful of the Property and the neighbourhood at all times and are responsible for ensuring that the Invitees are respectful of the Property and neighbourhood as well.

9.8 There is to be no loud music or undue nuisance at any time and there will be no noise after 10:30pm.

9.9 No smoking is permitted inside the Property at any time. If there is any evidence of smoking inside, You will be responsible for reasonable costs of rectification of any damage caused or for any appropriate cleaning or fumigation required.  

9.10 No use of illegal substances or conduct of illegal activities or conduct of immoral activities is permitted at the Property.

9.11 No fires or fireworks are permitted at any time on the Property.

9.12 You shall not undertake any actions which would invalidate the Owner’s insurance policy.

9.13 You and all of Your Invitees will follow all reasonable instructions and directions indicated at the Property including, but not limited to, as it relates to the coffee machine, TV and other appliances.

9.14 Failure to comply with the conditions specified in this clause 9 may result in the Owner (or Third-Party) cancelling the booking immediately and asking You to leave.

10 Owner’s Responsibilities

10.1 The Owner will inspect the Property prior to Your arrival and ensure it is clean and tidy and in a habitable state.

10.2 The Owner will endeavour to be contactable between the hours of 9am to 6pm and may be contactable outside of these hours. Should anything significant go wrong during the rental period, the Owner will always endeavour to take what practicable steps that are within its control to fix it.

11 Disputes

11.1 Should You have a complaint about anything regarding the Property or the service offered, then:

(a) in the event that they booked through a Third-Party, You must take up their complaint with that Third-Party and follow the prescribed dispute process; or

(b) in the event that You booked directly through the Owner, You must report the complaint to the Owner as soon as it becomes an issue. The Owner will endeavour to rectify all complaints promptly.

12 Force Majeure

12.1 The Owner will not be in any breach of this agreement or in any way liable, if it is prevented from meeting its obligations due to an event of force majeure, such as an act of god, war, earthquake, riot, storm, flood, explosion, strike, pandemic or any other cause not reasonably within the control of the Owner.

13 COVID-19

13.1 The parties acknowledge that the New Zealand Government may, as a result of public health risks arising from a Covid-19, order restrictions on personal movement and the effect of such restrictions may be that personal movement within or between particular regions is unlawful for the general population of those regions.

13.2 In the event that Waiheke is subject to such legal restrictions on personal movement and You have a booking during this time, the Owner agrees that they will offer You a credit to be used for a future stay at the Property to be used within a reasonable period or offer a full refund.

13.2 In the event that Your ordinary place of residence is subject to such legal restrictions on personal movement and You have a booking during this time and are unable to travel to the Property, the Owner agrees that they will offer a credit to You to be used for a future stay at the Property to be used within a reasonable period of time or offer a full refund.

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