Queenstown Hill Retreat, Holiday House Rental Contract and House Rules.
1 Short Term Rental Terms
• 1.1 These terms apply when the owner of a property (the "owners"), or the owners’ authorised manager or agent, offers to rent the property ("the Holiday House") to a renter (the "renter"). Under this Agreement, the renter agrees to rent the Holiday House from the owners and the owners agrees to rent the Holiday House to the renter on the terms of this agreement (the "Agreement").
• 1.2 Trade Me Limited administers the website holidayhouses.co.nz (the "site") and is not a representative of the owners or a party to this Agreement. The site’s terms and conditions (set out on the site) apply to owners and renters using the site. Any dispute between the owners and the renter is a matter between them and the parties to this Agreement agree not to act against Trade Me Limited as part of any dispute between them.
2 Bookings/Deposits/Cancellation of Bookings
• 2.1 A booking is made when a renter contacts the owners of the Holiday House, the owners and renter agree to rent the Holiday House for the term for a price (the "rental"), and the renter pays a deposit. Confirmation of a booking will be provided to the renter once the deposit has been received by the owners.
• 2.2 At the time of booking the owners may set out terms and conditions in addition to those in this Agreement ("additional terms") which may include, without limitation, the number of people permitted to occupy the Holiday House, and additional fees or costs which apply to the booking. The renter agrees to comply with the additional terms, including any terms set out in the site listing for the Holiday House, as if they were set out in this Agreement.
• 2.3 Subject to the cancellation provisions of this Agreement, once a booking is confirmed in writing by the owners the renter is liable for the balance of the rental together with any extra costs or fees set out in the additional terms.
• Renters making a booking must be over 25 years of age and be part of the guest group staying at the properties.
• Payments will be made into the owners’ nominated New Zealand bank account either by telegraphic bank transfer or via ‘TransferWise’ (an on-line international transfer site). Credit cards are not accepted.
• The renter undertakes by accepting these terms and conditions that they are not part of a hen or stag group and do not intend to have a party.
3 Deposit
• 3.1 The renter must, to confirm a booking, pay the owners a deposit equal to either:
A. 30% of the full booking amount at the time of the booking, the balance payable 60 days prior to the arrival date.
B. 100% of the rental for the Holiday House if the booking request is made within 60 days of the proposed date of commencement of the term.
• 3.2 The desired dates may not be blocked out in favour of the renter until the deposit is received.
4 Amendments and Cancellations
• 4.1 Any cancellation or amendment must be in writing.
• 4.2 The owners may cancel a booking by notice in writing if the renter fails to make any payment due under this Agreement when that payment is due.
• 4.3 If the renter cancels the booking less than 60 days before their arrival date, they will be refunded only the sum the owners manage to resell the cancelled nights at. A full refund will only be paid if all the cancelled nights are resold at the same or better price.
• 4.4 In the unlikely event that the owners need to cancel the booking, for reasons beyond their control, then a full refund will be paid.
5 Damage and Bond
• 5.1 A fully refundable security/damages bond of $1200 inc GST will be payable at the time of booking. This will be refunded to the person that paid the rental upon the group’s departure, when all is found to be well; it is very rare that the owners need to claim for repairs.
• 5.2 The bond held by the owners shall not limit any liability of the renter to reimburse for damages greater than the bond amount.
• 5.3 The renter is responsible to the owners for all breakage, damage and destruction to any property, direct and indirect costs, fines incurred, charges from third parties arising, loss of keys/garage remotes and damage caused to the Holiday House (including any contents) during the term.
• 5.4 The renter agrees to indemnify the owners against any losses or damages suffered by the owners because of the renter’s breach of their obligations under the above clauses and to immediately, on demand, reimburse the owner for all such costs.
6 Limitation of Liability
• 6.1 The parties’ liability in respect of this Agreement shall be limited to the value of the rental and other associated charges agreed at the time of booking. In no circumstances will the owners be liable for any consequential damages of any nature, however arising and regardless of whether the owner has been notified of the risk of them.
• 6.2 The renter’s limitation of liability under clause 6.1 shall not apply to liability arising under clause 5.2, 5.4 or clause 9 of this Agreement.
7. Complaints
• 7.1 If the renter is not entirely satisfied with the Holiday House, they must immediately contact the owners (or the owners’ representative).
• 7.2 In the unlikely event that a complaint of the renter is not addressed by the owners during the term, the renter may make their complaint, in writing, within 14 days after the term.
8. Arbitration
• 8.1 Should any dispute arise between the owners and the renter which cannot be resolved by discussion between the parties, the matter shall be referred to an arbitrator agreed between the parties, or failing agreement, to an arbitrator appointed by the President at the time of the Arbitrators and Mediators Institute of New Zealand. Any such arbitration is to be carried out in accordance with the provisions of the Arbitration Act 1996 and all decisions will final and binding.
9. Insurance
• 9.1 The renter undertakes that it will not do, permit to be done, or omit to do, any action that does or may invalidate or adversely affect any insurance policy held by the owners in respect of the Holiday House and/or its contents.
• 9.2 The renter agrees to indemnify the owner against any losses or damages suffered by the owner as a consequence of the renter’s breach of its obligations under clause 9.1.
10. Privacy Act 1993
• 10.1 Information collected by the owners about the renter is used by the owners to determine the credit worthiness of the renter, to operate the Holiday House as a business, and to carry out the owner’s obligations under this agreement. The renter authorises the owners to exchange such information with third parties, including (without limitation) its agents used to manage the Holiday House, credit and debt collection agencies, accountants, and lawyers. The renter understands that if the renter defaults on any payment under this Agreement, that default may be listed with a credit and/or debt collection agency. Any information provided to a credit and/or debt collection agency may be made available by that agency to other users of that agency’s services.
11. Consumer Guarantees Act 1993
• 11.1 If the Holiday House is being used by the renter for business purposes as that term is defined in the Consumer Guarantees Act 1993 then pursuant to the provisions of the Act the terms and guarantees of the Act do not apply to this transaction.
12. Residential Tenancies Act 1986
• 12.1 The owners and the renter agree that the term shall not exceed 120 days and this Agreement is not subject to the Residential Tenancies Act 1986.
13. Force Majeure
• 13.1 Neither party shall be liable to the other where such liability arises through a circumstance entirely outside the control of that party.
14. Contracts (Privity) Act
This Agreement confers rights on Trade Me Limited and is, for the purposes of the Contracts (Privity) Act 1982, for the benefit of and may be enforced by Trade Me Limited, any nominee, assignee or subsequent purchaser of the assets of Trade Me Limited.
Occupation of the Holiday Houses
• Both properties are completely smoke-free. The renter must not permit smoking in the Holiday Houses. Smoking may be permitted outside within the boundaries of the property provided the renter ensures that all associated rubbish is removed at the end of the term. Cigarette butts are NOT to flicked into the garden areas. Additional fees will be charged to have odours associated with smoking dealt with, such as cleaning of curtains and/or soft furnishings.
• The owner may enter the property and the Holiday House at any time to inspect the property and Holiday House provided the owner gives the renter not less than 2 hours’ notice. Such notice shall be provided by phone and in writing.
• The Holiday Houses will be available for occupation from 3.00 p.m. on the day of arrival and must be vacated by 10.00 a.m. on the day of departure. The arrival and departure times may be varied by agreement between the owner and the renter in writing.
• The owners accept no responsibility for any loss, or damage, to any of the renter's personal belongings at the Holiday House.
• The renter will ensure the houses are always kept appropriately secure. The door codes will be kept private and not shared beyond the group of guests staying.
• There are to be no candles in the house due to the fire risk and damage from dripping wax.
• All vehicles are to be parked on site. Out of respect for our neighbours, the lane must not be obstructed in any way or at any time.
• We expect minor breakages (such as the odd glass) but the owners ask that all breakages be reported out of respect and so the owners know that repairs may be required. The renter is not to attempt any repairs themselves.
• While cleaning costs are included in the nightly rate, if the property is left in an inconsiderate and excessive mess then additional cleaning expenses may be sought from the renter, entirely at owners’ discretion. Excessive rubbish disposal fees may also be claimed.
• The owners request that items from 2a and 2b REMAIN IN THEIR RESPECTIVE UNITS. Additional cleaning expenses will be sought from the renter, entirely at the owners’ discretion if there are items that need to be returned to either unit.
• There are remote garage door openers available to the renter. This must be left in the properties upon vacating. Failure to do so will incur a $150 fee for a replacement.
• Queenstown Lakes District Council regulations specify that holiday rental guests are not to use outdoor areas, including the hot-tubs, between 10PM and 7AM to prevent noise issues.
• Guests use the hot-tubs/spa pools entirely at their own risk. The covers must be refitted after every use to retain heat.
• Strictly no parties. Renters not adhering to this rule will be evicted and forfeit the balance of their rental paid. The owners mean it. And be warned that the neighbours watch the houses.
• Only registered/paid guests may stay at the property. Should the owners become aware of a breach of this rule (as in more people at the house than the number booked and paid) the renter will have 2 hours to rectify the situation or face eviction.
• Renters use the wood fires at their own risk and are advised that any damage to the properties from misuse of the fires will be billed to the renter. Renters are not to attempt to cook on the wood fires nor burn rubbish, nor attempt to remove the ashes.
• Children and families are welcome, but the owners make no statement, implied or otherwise as to the suitability of the property for children. There are travel-cots and high-chairs available on request but there no particular safety features, other than smoke alarms.
• Parents/guardians must be responsible for keeping their children safe from such hazards as the stairs, the wood fire, the hot-tub, heated towel rails and other hazards found in a home.
• The owners ask that parents be mindful of avoiding food and the like being spread around by children.
• There will be no pets in the properties.