Short Term Rental Terms
2. Bookings/Deposits/Cancellation of Bookings
2.1 A booking is made when a renter contacts the owner of the Holiday House, the owner 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 owner.
2.3 Subject to the cancellation provisions of this Agreement, once a booking is confirmed in writing by the owner the renter is liable for the balance of the rental
Deposit
2.4 The renter must, to confirm a booking, pay the owner a deposit equal to either:
30% of the rental for the Holiday House, or
100% of the rental for the Holiday House if the booking request is made within 30 days of the proposed date of commencement of the term
Amendments and Cancellations
2.8 Any cancellation or amendment must be in writing.
2.9 The owner may refuse to amend a booking once it has been confirmed and any amendment or transfer of deposit to another booking will be at the sole discretion of the owner.
2.10 The owner 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.
2.11 If a renter cancels this Agreement more than 28 days prior to the commencement of the term the deposit shall be forfeited by the renter. The balance of the rental will not be payable.
2.12 If the renter cancels this Agreement fewer than 28 days prior to the commencement of the term the rental will remain payable by the renter.
2.13 If the owner cancels this Agreement at any time prior to the commencement of the term the owner will refund the renter any money paid prior to cancellation.
3. Damage and Bond
3.1 The renter is responsible to the owner for all breakage, damage and destruction to any property, direct and indirect costs, fines incurred, charges from third parties arising, and damage caused to the Holiday House (including any contents) during the term. 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 3.1 and to immediately, on demand, reimburse the owner for all such costs.
4. Occupation of the Holiday House
4.1 The renter must not permit more people to occupy the Holiday House than the number stipulated by the owner in the booking confirmation or in the advertisement on the site.
4.2 The renter must not permit smoking in the Holiday House. Smoking may be permitted within the boundaries of the property provided the renter ensures that all associated rubbish is removed at the end of the term.
4.3 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.
4.4 The Holiday House 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.
4.5 The owner must be provided with 48 hours’ notice of the requested arrival time of the renter so the owner may make arrangements in respect of the access and transfers to the Holiday House.
4.5 The owner accepts no responsibility for any loss, or damage, to any of the renter's personal belongings at the Holiday House.
5. Additional Facilities Available in the Holiday House
5.1 If any additional facilities (sauna)provided by the owner are used by the renter or the renter’s guests the renter uses those additional facilities at its sole risk.
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 owner 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 3.1 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 owner (or the owner's representative).
7.2 In the unlikely event that a complaint of the renter is not addressed by the owner during the term, the renter may make their complaint, in writing, within 14 days after the end of the term.
8. Arbitration
8.1 Should any dispute arise between the owner 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 owner 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.
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