Thank you for choosing to book your holiday accommodation with Holiday Stays Ltd (“HS”). These Terms and Conditions (“the terms”) will govern your relationship with Holiday Stays and specify your rights and responsibilities when renting holiday accommodation through us. Making a booking with us means that you have read and accepted the terms, which will become immediately enforceable upon our receipt of your booking. For the purposes of the terms, “us”, “our” & “we” refer to HS, its employees and agents. “You” and “your” refer to the primary guest as specified in the booking, including any additional persons staying at or visiting the property. “The property” refers to the holiday home subject to the booking, including all contents, outbuildings, equipment, amenities and services. The terms are intended to be for the benefit of HS as well as the owner of the property and may be enforced directly by either party. All amounts contained in the terms are in NZD

BOOKING PAYMENTS, ADDITIONAL CHARGES

Acceptance of all bookings is entirely at our discretion at all times.

A booking fee may apply.

For all bookings via Holidaystays.com, a 30% deposit is due at the time of booking, except where your booking will commence within 30 days. In this case full payment is due now.

For bookings through any third party sites we require credit card details for all bookings, even where you are paying via internet banking. A Windcave link will be sent to you to capture your credit card details. The credit card details you provide must be accurate and current. Failure to update your credit card details could result in cancellation of your booking with HS. If your credit card is due to expire any time up to 30 days after the end of your booking (“the end date”) you must ensure you provide us with updated details before you arrive at the property.

The credit card details you provide must be for a card you have the authority to use. We accept no liability to a third party for charges made to their card under your instruction.

Once we have received from you the necessary details, payment and credit card details, we will then confirm "final acceptance of your booking". We will provide you with directions & key location 7 days prior to arrival.

Any credit card payments we make on your behalf will incur a 3.75% surcharge. We do not accept Diners or American Express.

By submitting a booking you are authorising us to deduct deposits/balances and any other costs associated with your stay from the credit card used to make the booking.

The balance of your booking is due within 30 days prior to your arrival (“the balance date”) and will be deducted from your credit card at this time. Where you have requested to pay via internet banking, you must ensure the balance is deposited into our account at such time that payment will have cleared by the balance date. If we have not received payment by the balance date we reserve the right to charge the outstanding balance to the credit card held against the booking. If you have booked through a third party network i.e Homeaway, Air BNB, Holiday Houses etc then their payment terms will apply.

Provided we determine that the property is in an acceptable state following your stay and there are no outstanding fees or issues, we will release the bond to you..

If we have taken a Bond this will be released to the credit card or bank account used to pay for the booking less any associated costs where applicable. Where an overseas bank account has been used to pay for the booking the bond will be refunded to the credit card held against the booking.

If we identify that you have caused damage to the property or breached the terms during your stay, we reserve the right to withhold the bond, whether in part or in full. Please be aware that your liability for any damage or breach is total and not in any way limited to the bond amount. Where damage to the property or costs resulting from a breach of the terms is more than the bond amount we reserve the right to immediately deduct the costs from the credit card held against the booking or seek to recover costs by other means as we see fit.

Where costs are deducted in accordance with these terms, a letter of the damage or breach will be emailed to you accordingly after your stay. Once we have obtained all costs associated with the damage and or breach including administration fees, then we will email you an itemized account of the costs which will be payable by you immediately.

Where you are liable for damage which exceeds the bond amount, and we are unable to deduct the funds from your credit card, we will provide you with an invoice detailing the costs incurred. You must pay this within 24 hours. If you fail to make payment, we will immediately refer the matter to our debt collection agency.

Unless otherwise stated, administration fees referred to in the terms are charged at a rate of $45 per hour +GST.

Cancellation and Changes to Bookings

Cancellation by guest at least 30 days before arrival - receive 100% refund of their booking payments.

Cancellation by guest between 14 and 30 days before arrival - receive 50% refund of their booking payments.

Cancellation by guests within 14 days before arrival - forfeit 100% of their booking payments.

All Cancellations will incur an administration fee of NZ$100.00 (+gst) plus a credit card transaction fee of 3.75%. Holiday Stays will acknowledge all cancellations in writing.

Failure to arrive with no prior cancellation advice will result in forfeiture of the full booking cost. No cancellations are accepted upon, during or after the day of arrival.

Changes by Guests

Changes to confirmed bookings will incur an administration fee of NZ$50 (plus gst). Holiday Stays will acknowledge all amendments/changes in writing. No refunds are paid if you make changes which decrease the overall value of a booking, for example decreasing the number of guests staying or shortening the length of stay.

The tariff for your stay is current at the time of booking however should you subsequently request any extension or additional guests after the booking is made, the tariff for the adjustment will be calculated according to the current advertised rate.

Cancellation due to COVID-19

In the event of COVID-19, where a guest needs to cancel their booking due to travel restrictions, or Covid Isolation requirements impacting the guests, which prevent guests from being able to travel to attend their booking, HolidayStays will help to re-book the guest at the same accommodation for a future date, and any payments made on the existing booking will be transferred to the new booking with no penalties or amendment fees.

Guests must advise of the new date for their booking within 48 hours.

HolidayStays will provide one free amendment to booking dates. Any additional booking date changes will incur an administrative fee of $50+ gst.

Holiday Stays will be unable to provide a refund in the following instances:

if the value of the new booking dates is cheaper.

If the number of guests attending the booking is reduced.

If the value of the new agreed booking dates is more expensive, the guest will need to pay the difference.

Should the guest choose to cancel their booking and not take up the option to defer the booking for a future date, the standard cancellation policy applied to the booking will take into effect.

Linen at the property

Linen Hire through Holiday Stays is mandatory for all properties where Linen Hire is available. This is included with your booking. The bed linen configurations are supplied at our discretion based on the number of people booked. Double, Queen, King beds will be automatically assigned to 2 adults unless otherwise advised by guests at least 48 hours prior to the booking. If you require any changes during your stay then this will incur extra costs POA.

Cancellation by Holiday Stays

The accommodation may be canceled by us if full payment has not been received 30 days before the scheduled arrival date.

In the unlikely event that a property cannot be offered for accommodation due to circumstances beyond our control, we will endeavour to offer an alternative holiday accommodation of comparable standard. Where this is cheaper we will refund the difference. If we are unable to re-accommodate you, we will refund your payments you have made on your booking. Beyond relocating or refunding your bookings, we are not liable for any further claims resulting from cancellation.

Holiday Stays suggests that you obtain Travel Insurance at the time you make your booking. This will protect you and your group for a range of unforeseen situations.

All bonds paid will be refunded in full where a booking is canceled.

Where the balance due on your booking has not been received 30 days prior to your arrival date, and we are unable to charge it to the credit card you provided, we reserve the right to cancel the booking.

We accept bookings in good faith and as such cannot be held responsible for circumstances beyond our control which may result in the cancellation of your booking. Where we are forced to cancel your booking we will endeavour to re-accommodate you at a property comparable with that subject to the canceled booking. Where this is cheaper we will refund the difference, where it is more expensive you will have to pay the difference. If we are unable to re-accommodate you, or if it is your preference, we will refund in full all payments you have made on your booking. Beyond relocating or refunding your booking, we are not liable for any further claim resulting from the cancellation.

KEY INSTRUCTIONS

The key location for the property will be emailed to you once your booking has been paid in full within 7 days of your arrival. This information is strictly confidential and you must ensure it is kept private and then destroyed following your stay.

All access keys / remotes must be kept secure at all times during your stay. They must not be lent or copied.

The key location email will provide instructions on where to leave the key upon your departure. If you fail to follow this instruction you will be liable for any costs associated with securing the property and ensuring the next booking can proceed as scheduled, along with any administrative fees associated with this. Costs will be deducted in accordance with these terms.

ARRIVAL AND DEPARTURE

Arrival time is 3pm. Departure time is 10am.

Early arrivals or late departures may be requested if the property is available and will incur a surcharge of 25% of the nightly rental rate. Failure to depart the property on time will incur extra costs.

Please note that although early arrival and late departure may be provisionally approved in advance, final confirmation will not be available until the day before you are due to arrive / depart. Where you have requested an early arrival / late departure it is your obligation to contact us the day before to confirm availability.

Any charge relating to early arrival or late departure will be applied to the credit card held against the booking.

Please ensure that when you depart you turn off all light switches, heating appliances, electrical equipment (excluding fridge/freezer), shut all windows, lock all doors and set any alarms. You may be held liable for any damage or theft associated with not complying with this clause.

PETS

Pets are permitted at some of our properties. When you are booking a pet friendly home, you must advise us at the time of booking as to the nature of the animal(s) you wish to bring. Approval of pets is at our sole discretion and where it is granted a pet fee of $65 per animal is required. Please note, animals must be kept outside and under control at all times. You must ensure you clean up after your pet, failure to do this will result in additional charges.

If unauthorised pets are found at the property, you will be asked to leave immediately. No refund will be given and additional costs may be incurred.

Please be aware that some of our homes are located in or near Kiwi conservation areas. If you bring pets into these areas, you may be liable for fines levied by the Department of Conservation.

CHILDREN

Children are welcome at our homes. Please note that any child over 1 year in age must be declared as a guest when booking and the tariff will be calculated accordingly. You must also advise us of any children under 1 year in age, however they are permitted at the property free of charge.

Subject to availability and the payment of the relevant fee, we are able to arrange a portacot and/or high chair for your stay.

USE OF THE PROPERTY

Please use water conservatively. Water restrictions may apply at specific properties, this will be advised to you. It is not permitted to wash your boat, jetski, kayak, or other equipment using the holiday home water supply. Where we deem water usage to be excessive, or where we are required to arrange a water delivery after excessive usage, additional charges may apply and will be deducted in accordance with clause these terms..

The property must only be used for residential purposes. Use of the property for any type of party or function is strictly prohibited. If we determine that you have used or intend to use the property for a party or function we reserve the right to immediately terminate your booking. You may also be liable for additional costs of up to $3000 which will be deducted in accordance with these terms.

Unless otherwise agreed, camping on the grounds of the property, including tents, campervans and caravans, is strictly prohibited.

Smoking inside the property (or any outbuildings) is strictly prohibited. Smoking may be permitted outside, please refer to the property manual. Where smoking is permitted outside you must contain and remove all cigarette butts. If we detect a smoking odour in the property additional cleaning and fumigation charges will apply which will be deducted in accordance with these terms.

The use of candles inside the property is strictly prohibited.

The use of fireworks at the property is strictly prohibited.

The property is not to be used for a commercial basis, this includes movie making and photography.

Any fires at the property outside of designated areas (as specified in the property amenities list) is prohibited. Please note that at times there may be a total fire ban in force in the property district. Where this is the case you must comply at all times, failure to do so may result in fines as levied by the Department of Conservation, criminal prosecution and / or additional charges.

You are responsible for you and your guest’s behaviour. Please be considerate of the neighbouring properties and residents. Should anyone at the property behave in a manner we deem to be unacceptable, we reserve the right to require you to vacate the property immediately. Under these circumstances no refunds will be paid.

You must not alter the premises in any way. In particular you must not remove any items from the premises (excluding recreational equipment expressly provided). If items are removed and subsequently lost you will be responsible for the replacement value which will be deducted in accordance with these terms.

You must not use the property for any unlawful purpose. If there is any evidence or report of illegal conduct at the property we will contact the Police immediately.

While we endeavour to provide the best possible service to you, we do not guarantee that the products or services that are listed as available at the property will be continuous or fault free. Should you advise us of a fault during your stay we will do our utmost to remedy it in a timely manner, however, this does not give you any automatic entitlement to a discount or refund unless it means you are unable to safely reside at the property.

When making your booking you must advise us of the maximum number of guests who will be residing at the property. It is your responsibility to ensure this is adhered to. If you wish to increase the number of guests, you must obtain our approval and pay any necessary fees prior to the start of your booking. If you are found to exceed the maximum number of guests we may require you to leave immediately without any refund and/or require payment of additional fees.

If you wish to have visitors during your stay you must obtain our approval in advance and, where it is granted, must ensure that visitors leave the property prior to 10pm. If you are found to have unauthorised visitors we may require you to leave immediately without any refund and/or require payment of additional fees. Please note that you are liable for the safety and conduct of any visitors at the property.

If we receive information or a complaint requiring us to inspect the property during your stay a minimum callout charge of $100+GST (during working hours) or $250+GST (between 5pm and 9am) will be payable.

We reserve the right to enter the property at any time during your stay.

CLEANING AND RUBBISH REMOVAL

Please be aware that you are required to leave the home in a reasonably clean and tidy state – this means ensuring a reasonable level of cleanliness, washing & storing dishes, putting all contents / equipment in the appropriate place and removing all your belongings. If there is a BBQ and you have used it, it must be left clean. If you have used the oven, please leave it as you found it. You must remove all your rubbish, including any recycling. Council approved rubbish bags and stickers can be purchased from local dairies and supermarkets. Failure to abide by the above terms will result in additional cleaning charges and administration costs. This will be deducted in accordance with these terms.

LIABILITY

As the person making the booking you are entirely responsible for ensuring that the terms are understood and followed by all guests at the property, regardless of whether you are there or not. By making your booking you assume total liability for any breach of the terms or damage to the property.

The person making the booking is liable for debt collection and legal costs incurred in the collection of unpaid charges.

Use of the property is entirely at your own risk. We do not assume liability arising directly or indirectly out of your use and occupancy of the property.

DAMAGE / BREACH OF THE TERMS

Our holiday homes are well cared for and maintained to a high standard. We inspect every property prior to your arrival and maintain a written record of any existing wear and tear. The property is inspected again immediately upon your departure.

You are liable for any damage caused to the property over the course of your stay. Any damage must be reported to us immediately. Please be aware that failure to report damage to us will result in additional charges.

You are liable for the full repair or replacement costs, along with any additional administration fees. Payment will be deducted in accordance with these terms.

Costs relating to the breach of any of the terms are at our sole discretion and we reserve the right to recover them immediately in accordance with the clause with these terms.

Information & Privacy

You must ensure that all the contact information you provide to us when booking is correct. We do not accept liability for any issues which may arise as a result of incorrect information being provided to us. In particular, the email address you submit when booking will be the address we will use for the communication of all documentation pertaining to your booking, along with any notices relating to breach, damage, disputes or additional costs.

The personal information you provide us is used for the primary purpose of providing you with the products and services you have requested through our website. We may also use the information you provide for internal record keeping, improving our service and the communication of promotional offers.

Disputes

In the event that you are not entirely happy with the property, or any element of your stay you should contact us immediately and we will seek to address your complaint. If this is not done to your satisfaction, you must put your complaint to us in writing no later than 10 working days after the end date of your booking.

If you dispute a charge for breach or damage deducted in accordance with these terms, you must advise us in writing no later than 10 working days after the report and account is communicated to you.

If we are unable to recover costs from you relating to any aspect of your stay or any breach of the terms, we will refer the debt to a specialist collector and you will be liable for all administrative costs associated with the recovery of the debt.

If we are unable to resolve the dispute by agreement, we shall conduct mediation through a jointly approved mediator. If mediation is unsuccessful or we deem it inappropriate in the circumstances, the matter shall be submitted to the arbitration of one arbitrator in accordance with the Arbitration Act 1996 or to the Disputes Tribunal, such decision to be at our discretion.

Any dispute shall be dealt with in good faith by all concerned.

You may request a copy of the special terms specific to the property you are interested in prior to booking.

Cleaning at departure - Guests

To ensure that all our guests arrive to a high quality degree of cleanliness and hygiene for their stay, we have a mandatory cleaning fee for each stay. However, there are still some things that are not included in your stay which guests are asked to do before departure.

For all stays, after your departure the Holiday Manager will inspect the property to make sure it was:

left in a reasonably tidy condition,

Put all furniture back as it was when you arrived

Please place all TV, air-conditioning, stereo remotes etc; next to the actual appliance

that all your rubbish and recycling was removed,

dishes cleaned and put away and don’t leave dishes in the dishwasher even clean ones!

If you have used the oven, please leave it as you found it

If there is a bbq, it was left clean, including the drip tray underneath and ensure it is covered (if it has a cover)

Please ensure everything is left in exactly the same condition as you found it.

Also that there was no damage to any items or the property itself.

Please note these items do not form part of any cleaning fee you have already paid and may incur additional costs if our cleaner has to attend to them. Once the property has been departed, we will inspect the property. If anything needs to be deducted we will let you know accordingly.

Review Policy

Reviews are open to any paying guest (Guest). Guest reviews of properties are the subjective opinions of the guests who provided the content. They are not our opinions and are not endorsed by Holiday Stays. Any reviews which do not meet the requirements of this policy will not be published.

To submit a review, the following eligibility guidelines must be met:

The reviewer must have been a guest or a member of a guest party.

Any review must be submitted within 14 days of the guest’s date of stay.

Guests submitting a review must be able to confirm their identity and/or email address.

The reviewer must be at least 18 years of age.

All reviews must meet the following guidelines:

The review must be directly related to the property at which the guest stayed.

The content must not be obscene or abusive, discriminate or include illegal content.

The content should not disclose the physical location of the property nor the amount paid.

Content must be original, truthful and not misleading, harmful nor intended for improper or unlawful purposes.

We will not edit reviews apart from misprint errors.

Holiday Stays may respond to guest reviews.

By providing your review, you agree to Holiday Stays using all or any part of your review for marketing or publicity purposes.

SPECIAL CONDITIONS

The property may be subject to special terms and conditions of use. Where this is the case these will be advised to you prior to the arrival of your booking and will be deemed to form part of these terms along with any other correspondence that we have sent you during the process of your booking

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