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
The following payments apply for this booking:
Deposit: 50% or one night's charge (whichever is higher) due within 48 hours of booking being accepted.
Balance: 50% cash payment due when stay commences
Payment of deposit: Once we accept your booking a deposit must be paid AND received by us in order to secure the booking. 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 booking of yours due to non or late payment of a deposit then any deposit received by us from you will be refunded in full.
Late payments: The balance due must be received on or before its due date. If your payment fails to reach us by the due date we may choose to cancel your booking with or without notice to you, and make the property available to others. Cancellation charges apply (see below).
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.
Should YOU choose to cancel the booking: We charge an admin fee of $50.00 for processing a cancellation. A refund, less our admin fee and any rental shortfall, will be provided if a replacement booking can be found. Otherwise, the following cancellation charges apply:
Cancellation ordinarily results in a cancellation fee amounting to 50.0% of the total booking charge
Cancellation within 24 hours of the scheduled start of stay results in a cancellation fee amounting to 100.0% of the total booking charge
Should WE cancel the booking due to YOUR NON-PAYMENT: Should any of your payments fail to reach us by their due date we have the right to cancel the booking with or without providing you with notice. Under these circumstances our standard cancellation charges apply.
5 - Re-booking
Following a cancellation, and depending on our availability, you may choose to re-book the cottage for the same amount of nights within 1 month of the initial booking date. In such case 50% of the 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.