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Terms and Conditions of Rental

COASTAL HOLIDAY HOMES LIMITED HOLIDAY HOME RENTAL TERMS AND CONDITIONS Thank you for choosing to book your holiday accommodation with Coastal Holiday Homes Ltd (“CHH”). These Terms and Conditions (“the terms”) will govern your relationship with CHH and specify your rights and responsibilities when renting holiday accommodation through us. Making a booking with us means that you have read and accept the terms, which will become immediately enforceable upon our receipt of your booking. For the purposes of the terms, “us”, “our” & “we” refer to CHH, 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 CHH 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 1. BOOKING PAYMENTS, ADDITIONAL CHARGES AND BONDS 1.1 Acceptance of all bookings is entirely at our discretion at all times. 1.2 A booking fee of $15 applies to all bookings. 1.3 A 50% deposit is due at the time of booking, except where your booking will commence within one month. In this case full payment is due now. 1.4 We require credit card details for all bookings, even where you are paying via internet banking. 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 CHH. 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. 1.5 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. 1.6 Any credit card payments we make on your behalf will incur a 3.75% surcharge. We do not accept Diners or American Express. 1.7 By submitting a booking you are authorising us to deduct deposits/balances and any other costs associated with your stay from the bond or credit card used to make the booking. If you wish to pay via internet banking, you must select the relevant box on the booking form and deposit the required funds into the bank account advised to you immediately. If you fail to do this within 48 hours from the booking date we will deduct payment from the credit card held against the booking. We reserve the right to cancel your booking at our discretion where you have failed to make an internet payment and your credit card declined. 1.8 The balance of your booking is due one month 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. 1.9 A bond is required on all bookings. We may decide to increase this amount after we have received your confirmed booking and we will advise you of the increase. 1.10 The bond will form a separate charge to the booking fee and as such will not fall due until one month prior to the commencement of your booking. If your arrival date is within a month, the bond is due at the time of booking. 1.11 Providing we determine that the property is in an acceptable state following your stay (see clause 9) and there are no outstanding fees or issues, we will release the bond to you within 10 working days. 1.12 Bonds will be released to the credit card or bank account used to pay for the booking. 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. 1.13 If we identify that you have caused damage to the property or breached the terms during your stay (see section 10), 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. 1.14 Where costs are deducted in accordance with 1.11 above, 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. 1.15 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. 1.16 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. 1.17 Unless otherwise stated, administration fees referred to in the terms are charged at a rate of $45 per hour +GST. 2. CANCELLATION 2.1 The initial 30% deposit is non-refundable once a booking has been made, however it may be released (less an administration fee of $250+GST) at our discretion, where we are able to re-let the property for the dates of the cancelled booking. 2.2 No refunds are paid if you fail to turn up or decide to leave early and if you alter your confirmed booking details. 2.3 Should you cancel your booking within 30 days of arrival you are liable for any balance due on the booking. This will be charged to the credit card held against the booking. We may refund the booking cost (less an administration fee of $250+GST) at our sole discretion, where we are able to re-let the property for the dates of the cancelled booking. 2.4 Should you cancel your booking (where you have paid in full) more than one month from the commencement date we will refund 50% of the booking. Where the property is able to be re-let over the cancelled dates we will refund the outstanding balance less an administration fee of $250. 2.5 Any amendments to your booking will be granted at our discretion and will be subject to an administration fee of $25+GST. 2.6 All bonds paid will be refunded in full where a booking is cancelled. 2.7 Where the balance due on your booking has not been received 20 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. 2.8 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 cancelled 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. 3. KEY INSTRUCTIONS 3.1 The key location for the property will be emailed to you once your booking has been paid in full. This information is strictly confidential and you must ensure it is kept private and then destroyed following your stay. 3.2 All access keys / remotes must be kept secure at all times during your stay. They must not be lent or copied. 3.3 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 clause 1.11. 4. ARRIVAL AND DEPARTURE 4.1 Arrival time is 3pm. Early arrivals may be requested if the property is available and will incur a surcharge of 25% of the nightly rental rate. 4.2 Departure time is 10am. 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. 4.3 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. 4.4 Any charge relating to early arrival or late departure will be applied to the credit card held against the booking. 4.5 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. 5. PETS 5.1 Pets are permitted at some of our properties. Where 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 $50 + GST 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. 5.2 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. 5.3 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. 6. CHILDREN 6.1 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. 6.2 Subject to availability and the payment of the relevant fee, we are able to arrange a portacot and/or high chair for your stay. 7. USE OF THE PROPERTY 7.1 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, jet ski, 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 1.11. 7.2 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 of 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 clause 1.11. 7.3 Unless otherwise agreed, camping on the grounds of the property, including tents, campervans and caravans, is strictly prohibited. 7.4 Smoking inside the property (or any out buildings) 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 clause 1.11. 7.5 The use of candles inside the property is strictly prohibited. 7.6 The use of fireworks at the property is strictly prohibited. 7.7 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. 7.8 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. 7.9 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 clause 1.11. 7.10 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. 7.11 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. 7.12 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. 7.13 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. 7.14 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. 7.15 We reserve the right to enter the property at any time during your stay. 8. CLEANING AND RUBBISH REMOVAL 8.1 Please be aware that you are required to leave the home in a clean and tidy state – this means ensuring a reasonable level of cleanliness, vacuuming, washing floors, washing & storing dishes, putting all contents / equipment in the appropriate place and removing all your belongings. 8.2 You must remove all your rubbish, including any recycling. Council approved rubbish bags and stickers can be purchased from local dairies and supermarkets. 8.3 Failure to abide by the above terms will result in additional cleaning charges and administration costs. This will be deducted in accordance with clause 1.11. 9. LIABILITY 9.1 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. 9.2 The person making the booking is liable for debt collection and legal costs incurred in the collection of unpaid charges. 9.3 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. 10. DAMAGE / BREACH OF THE TERMS 10.1 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. 10.2 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. 10.3 You are liable for the full repair or replacement costs, along with any additional administration fees. Payment will be deducted in accordance with clause 1.11. 10.4 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 clause 1.11. 11. INFORMATION AND PRIVACY 11.1 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. 11.2 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. 12. DISPUTES 12.1 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. 12.2 If you dispute a charge for breach or damage deducted in accordance with clause 1.11, you must advise us in writing no later than 10 working days after the report and account is communicated to you. 12.3 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. 12.4 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. 12.5 Any dispute shall be dealt with in good faith by all concerned. 13. SPECIAL CONDITIONS 13.1 The property may be subject to special terms and conditions of use. Where this is the case these will be advised to you upon of our receipt of your booking and will be deemed to form part of these terms. 13.2 You may request a copy of the special terms specific to the property you are interested in prior to booking.