Short Term

Rental Agreement 

 

 

1 - Parties & definition

The parties of this Agreement are:

 

  • the Guest (Person or Company renting the Property whose names appear in the “Booking Form” above as well as partners and guest visitors using the Cottage and its surroundings) and

  • the Owner (Owner and members of the owner’s family, Owner’s representative or Property Managers) of

 

The Property (also called “The Cottage”) located at 14 Harbour View Terrace, Onehunga, 1061 Auckland, New Zealand.

 

2 - Purpose and dates

This agreement sets the rules and conditions of the Cottage occupancy and its surroundings between the above parties for the dates described in the initial Booking Form.

 

3 - Booking

Bookings are contractual and involve the engagements and responsibilities of both parties, the Owner and the Guest. The Owner will provide the service (Rental) as advertised, the guest will honour the booking by paying the agreed rate and any service, product or meal ordered.

Direct bookings are made in 3 stages:

  1. Reception of the Guest inquiry including special requirements, number of guests, dates of booking

  2. Confirmation by the owner of availability and total price for the stay. Following acceptance of conditions, the guest will provide credit card details (As security deposit) and a 50% down payment to secure the booking. 

  3. Once the payment is received, the Owner will provide by email a receipt, a booking confirmation and all necessary check-in instructions. The 50% balance is due on arrival.

Security deposit: We normally do not take bonds but use the guest's credit card details are security deposit. By entering a booking agreement, the Guest accepts that his/her Credit card may be used to pay any sums due to the owner in regards to the consumption of goods and use of services and/or to recover any damages done by the guest to the owner's property.

Despite agents & booking sites statements, your booking will be confirmed ONLY upon receipt by us of your deposit. Failure to pay the deposit in time may result in your booking being cancelled and the property being made available to others without notice. Should we cancel a guest booking due to non, insufficient or late payment of a deposit, any sums received by us from you will be refunded minus a cancellation fee.

 

4 - Cancellation policy

If you need to cancel a booking please let us know as soon as possible so we may offer the property to others.

  • Full refund within 48 hours of booking being made, no questions asked

  • Full refund if cancellation is made at least 30 days prior to check-in date.

  • 50% refund if cancellation is made between 30 and 7 days before check-in date.

  • 0% refund if cancellation is made within 7 days of check-in date. (Total charge is due).

Should YOU choose to cancel the booking or default ant payment: We charge an admin fee of $50.00 for processing any cancellation. 

Should WE cancel the booking due to exceptional, unexpected circumstances, Covid-19 or double booking created by a third party, the Guest shall be refunded in full for any paid deposit. The Harbour View Cottage shall take no further responsibility in this process nor accept any compensation for subsequent damages, loss of profit or any other form of financial liability.

5 - Re-booking

Following a cancellation, and depending on our availability, the Guest may choose to re-book the cottage for the same amount of nights within 3 month of the initial booking date. In such case, 50% of the sums paid may be recovered by the guest and credited towards the new booking. cancellation fee will be credited to your new booking.

 

6 - Extra charges

Any extra products / services provided such as movies, food & beverages (other than pre-booked breakfast), shuttle service, laundry, guided tour, etc. , are payable in cash at the time of order or on checkout.

 

7 - Cancellation by Owner/Manager

If, due to circumstances in or beyond our control, the property becomes unavailable or unfit for use, the owner will reserve the right to cancel any booking and shall notify you as soon as possible. We will try without guarantee to find you an alternate accommodation in the same area. Any paid deposit or sum will be refunded to the guest in full as soon as possible and at least within 7 days. No further liability or compensation will be accepted.

 

8 - Price variation

Prices and rates may vary slightly and without notice at the sole discretion of the Owner and according to booking agents fees, day of the week, time of the year, special events, promotions or guest requirements.

         

9 - Bond (Security Deposit)

Long term rental (above 7 days) may require the deposit of a NZ$1,000.00 bond (unless already included in Agent initial booking charge). The bond is payable on arrival by Cash, Bank transfer or Internet Banking and will be refunded within 7 days following check-out via your original method of payment providing no damage has been done on the property. If damage is done in excess of the amount of the security deposit, the Guest(s) will be held responsible for paying any additional amount to cover repair or replacement as determined by the Owner. Any missing item(s) is (are) deemed to be purchased by the Guest at current new market value. The security deposit will be refunded providing:

  • No damage is done to the home, grounds or its contents, beyond normal wear and tear.

  • All debris, rubbish and discards are placed in available trash cans provided.

  • All charges accrued during the stay are paid prior to departure.

  • The Cottage is left clean and tidy.

 

10 - General Occupancy rules

  • The Guest shall occupy the premises in an orderly and civilised manner in order to not disturb the Owner, neighbours and other guests.

  • The Guest shall, at his expense, and throughout the period of the rental, keep the property in a state of cleanliness and good condition. Guest acknowledges that at commencement of the rental, the property is in good and substantial repair except for any defect that must be reported during the first day of the rental..  

  • The Guest will follow any instructions given by the Owner or his Manager for the best use and interests of the property.

  • On departure, the Property shall be left in good and clean condition.

  • The Guest will comply with Auckland by Laws and New Zealand Common Laws in regards to behaviour, alcohol and dangerous substance use.

  • A compulsory cleaning charge applies to any stay exceeding 7 days.

 

11 - Guests & Maximum Occupancy

The Guest may not host his/ her own Guests nor organise parties on site without prior consent of the Owner.

The number of occupants may not exceed 4 people and is set in the booking Form above for the duration of the rental.

The Guest is legally responsible and liable for the behaviour and actions of partners, family, and his/ her guests while on the property. They shall comply with the terms of this Agreement and the Laws of New Zealand.

 

 

12 - Damages, Liability & Insurance

  • The Cottage is covered by standard liability and damage insurance. However, all damages (including water and fire damages, stains, broken items & appliances) must be immediately reported to the Owner.

  • The Guest is advised to carry a proper travel or personal insurance to cover any potential damages to the Cottage and it’s chattels. At the exception of Acts of God and normal wear and tears, such damages occurring during the rental period made by the Guest or under the Guest responsibility are payable by the Guest up to an amount of NZ$2,000.00.

  • The Owner reserves the right to inspect the Cottage at any time without notification if he believes the property or its occupant(s) may be at risk.

  • Any unsafe or dangerous condition must be reported to THE OWNER or his representative immediately.

  • The Guest acknowledges that the use of the property and all features including and without limitations, indoor and outdoor gas and electrical appliances, balustrades and staircases, veranda, garden pound and water features may be dangerous and are entirely at the Guest's risk.  

  • The Guest shall indemnify and relieve the responsibility and liability of THE OWNER against and from any and all expenses, costs, damages, suits, actions or liabilities arising from any and all loss of or damage to personal property, injury or death resulting from the use of the rental property, equipments, appliances, grounds, boats, bicycles, motor vehicles, hot tub, etc.

  • GUEST PROPERTY: A Safe is provided inside the Cottage for valuables. However, the Guest is solely responsible for his/ her property and the Owner will not be held responsible for any damage or loss of personal property belonging to the Guest.

 

13 - Inspection 

  • The Owner may inspect and enter the Cottage at any time without notification if he believes there is a condition that could endanger the property, its equipment or its occupants.

  • The owner or his manager may enter the Cottage at agreed times with the Guest to carry out breakfast service or any necessary maintenance.

 

14 - Cancellation

  • Any breach of the above clauses may result in the cancellation of this Agreement and the eviction of the Guest without notice or compensation from the Owner.

  • Furthermore, the Guest shall be liable for the payment of any remaining booking charges, fees and sums arising from the misconduct of the Guest, the misuse or damages made to the Property as well as any compensation to third parties.

 

15 - Application

No signature is needed for this agreement. This Agreement is sent to the Guest on booking date and deemed to be automatically accepted and entered by the Parties at the date and time a first payment or deposit is received by the Owner. Any dispute arising from the application of this Agreement will first be subject to negotiations between the Parties, then to Mediation or Court Ruling in accordance with the Laws of New Zealand.