Contract of Hire
The holiday home contract (“the contract”) is made between the Guest
and the Owner (“the Owner”) of the holiday home (“the holiday
home”) for which the contract is made. New Zealand Holiday Homes (1996)
Limited (“NZHH”) is the representative of the owner. NZHH is not a
Principal. The term “guest” includes the person signing the contract
and all those people staying with the guest at the holiday home including any
invitees of the guest.
First Payment
Bookings will not be confirmed by NZHH until the deposit payment is received by
NZHH. If the holiday booking is made within 30 days of the date of commencement
of the holiday the full amount payable for the holiday home is required to confirm
the holiday home.
Balance of Payment
The full amount owing on the holiday home fee is due 30 days prior to the date
of commencement of the holiday. Where full payment has not been received by NZHH
14 days prior to the start of the holiday, NZHH reserves the right to cancel the
holiday and/or to let the holiday home to any other person.
Mandatory Bond and Declaration
For all bookings a mandatory credit card or alternative bond must be lodged and
the declaration signed before any holiday can be confirmed. This declares that
the guest is responsible for any costs incurred or damage caused to the holiday
home or its contents by the guest during the term of their stay. A bond of $1,000.00
may be lodged but does not in any way indicate a maximum amount of liability if
damage or costs incurred should exceed the sum of $1,000.00.
Goods and Services Tax
Goods and Services Tax (“GST”) is payable on part of the total holiday
cost and is set out on the NZHH Tax Invoice.
Holiday Booking Confirmation
Upon NZHH dispatching a confirmation to the guest, the guest is responsible for
the full price of the holiday home and all extras as shown on the Confirmation.
Changes to Holiday Bookings
After dispatch of confirmation NZHH is unable to accept changes to holiday home
bookings. Alteration to bookings made after payment of the deposit but before
payment of the balance will incur forfeiture of the deposit paid. At the sole
discretion of the owner, if one holiday is cancelled but another one booked, the
deposit may be transferred to the new holiday home. Please note any changes to
confirmed holiday bookings will incur an administration fee of $30.00 plus GST.
Holiday Booking Cancellation
Cancellations made outside 30 days prior to the date of the commencement of the
holiday for any reason will forfeit the deposit but the guest will not be held
liable for the balance of hire provided that written notice of the cancellation
is received by NZHH prior to 30 days. Cancellations made within 30 days of the
commencement of the holiday will be liable for the payment of the full holiday
cost. Any deposit paid shall be taken into account by NZHH. NZHH recommends that
guests take out Cancellation Protection Insurance. Please make enquiries from
NZHH for an appropriate policy.
Arrival and
Departure Times
The holiday home will be ready for occupation at 3.00 pm on the day of arrival
and must be vacated by 11.00 am on the day of departure. Upon receipt of full
payment for the holiday NZHH will advise you of the contact details for its representative.
The representative must be called at least 48 hours prior to the arrival date
to arrange key collection. Changes in arrival or departure time must be requested
and approved by both NZHH and its local representative prior to occupation of
the holiday home.
Holiday Home Services and Features
Where additional amenities such as boats, cars and swimming pools etc. are shown
in the brochure as being available, the use of any such additional amenities
is entirely at the guests risk. NZHH, as representative of the owner, accepts
no responsibility for any injury or loss to the guests or their belongings.
Barbecues and Fireplaces
The guest is responsible for the replacement of all consumable products including
any barbecue fuel and firewood.
Holiday Home Rating and Prices
NZHH do not rate any of the holiday homes in terms of quality, presentation
or condition as these can be subject to change. Please note that all the properties
in NZHH brochure are privately owned holiday homes unlike most other accommodation
options, and the rates charged are determined by the owners, less any fees charged
by NZHH. The cost of both owning and maintaining a holiday home continues to
increase and whilst owners try and maintain a certain standard these are subject
to change. We remind guests to take this into account when booking a holiday
home. NZHH accepts no responsibility for any charge in any form.
Vehicle and Belongings
NZHH accepts no responsibility for any loss or damage to any car, its contents,
or any baggage or personal belongings.
Occupants
The number of people occupying the holiday home is, under no circumstances,
to exceed the number of people shown on the confirmation. The contract may be
terminated by NZHH if the guest number is exceeded, and if within 24 hours of
notification to the guest the number of guests has not been reduced to the stipulated
number.
Responsibilities of the Guest
The guest is responsible for the holiday home during his/her stay. NZHH expects
the guest to take all reasonable care of the holiday home and at the end of
the holiday to leave the holiday home clean and tidy. This includes cleaning
all utensils and equipment, returning of all furniture and appliances to where
they were on guests arrival and disposing of all rubbish. If NZHH finds that
the holiday home has not been left clean and tidy, NZHH will bill the guest
for the extra time required for cleaning. In some cases, NZHH can offer the
services of a representative to do the cleaning upon departure of the guest
but this must be discussed and agreed upon directly with the representative
upon arrival at the holiday home.
No Smoking Policy
A no smoking policy applies to all the holiday homes. This means that guests are not permitted to smoke inside the holiday home unless prior arrangement is made with both NZHH and the owners prior to the arrival at the holiday home. Smoking outside the holiday home is allowed, but guests must ensure they remove and dispose of any cigarette remains from the property when departing the holiday home.
Damage
The guest is legally responsible for all breakages and damage that may occur
during the holiday and any cost of repair or replacement is refundable to NZHH
and/or the owner on demand. Any damage or breakage must be reported to the NZHH
or its authorised representative immediately.
Procedure for complaints
In the event of the guest not being entirely satisfied with the holiday home
they should contact NZHH’s representative immediately or in the unlikely
event that the representative is unavailable, the guest should contact NZHH’s
office in Auckland. If the guest is still not satisfied that the matter has
been resolved they must put their complaint in writing to NZHH within fourteen
days of the end of their holiday. In the event that the guest does not adhere
strictly to these procedures, NZHH will not entertain any claims arising from
the guest’s grievance.
Our Publication
All information contained in this publication including that which is supplied
by holiday home owners is believed to be correct at the time of printing. However,
all details contained in the publication are subject to change without prior
notice. NZHH accepts no responsibility for any alterations to the holiday home
descriptions or occurrences beyond its control ie. damage caused by exceptional
weather conditions, breakdown of appliances, wiring or plumbing, invasion of
pests or negligence on the part of the owner causing loss, accident or injury.
All information contained in the current publication supercedes all previous
issues.
Holiday Availability
NZHH accepts no responsibility to any change in any holiday home and its facilities
as stated in the confirmation will be available to the guest. Should events
arise beyond the control of NZHH and render the holiday home uninhabitable (ie.
flood, fire etc.) then NZHH may be forced to cancel the holiday booking. However,
should such circumstances arise NZHH will endeavour to relocate the guest to
a holiday home of similar standard in the same area. Where this is not possible
NZHH will refund in full all moneys paid in respect of the holiday. The guest
will have no further claims against the owner of the holiday home or NZHH.
Privacy Act 1993
All information gathered by NZHH about the guest or in relation to the guest’s
financial circumstances has been collected by NZHH for its general requirements
and to determine the credit worthiness of the guest. The guest authorises the
exchange of this information with any other credit agency or third party nominated
by NZHH.
Force Majeure
NZHH is not responsible for non availability or early termination of a holiday
home contract by reason of any matter or any type or nature whatsoever without
limitation which is beyond its control.
Amendment of Conditions
These conditions may be amended at any time by NZHH. The terms of the amendment
shall be deemed to be accepted by the guest upon execution of any appropriate
acknowledgement by the guest.
Arbitration
All differences and disputes which may arise between the parties touching or
concerning this contract or the parties obligation under this contract or the
construction of it shall, except as otherwise expressly provided in this contract
be referred to the arbitration in New Zealand or a single arbitrator if the
parties can agree on one. If the parties cannot agree within 7 days of advice
being given by one party to the other that there is a dispute then such appointment
shall, in default, be made by the president for the time being of the Arbitrators
and Mediators Institute of New Zealand.
The parties to this contract agree that the following matters shall be applied
in the course of the arbitration and all matters preliminary thereto and shall
be included in any submission to arbitration:
- Any arbitrator appointed shall be free to grant any relief available in
the High Court of New Zealand
- Notices may be transmitted by facsimile in addition to personal service.
The address for the guest is the guest’s home address given. The arbitration
should hear such evidence as would be allowed in the High Court of New Zealand.
- The arbitrator may only terminate proceedings and/or continue the hearing
in the absence of any document being filed if not less than 7 days written
notice has been given by the arbitrator to the defaulting party.
- The arbitrator shall have the discretion to apply considerations of general
justice and fairness.
- Any interest to be awarded by the arbitrator shall be in accordance with
the maximum rate nominated under the Judicature Act 1908 or any Act in amendment
thereof.
- In conducting the hearing the arbitrator shall not adopt an inquisitorial
process.
- The arbitrator shall not appoint any expert to advise him except with the
written consent of both parties.
Insurance
The guest covenants on behalf of himself/herself and all their guests staying
in the holiday home that nothing will be done by them which would in any way
invalidate, adversely effect the validity or viability of any insurance policy
maintained by the owner.
Risk
The guest warrants to NZHH that he/she has agreed to this contract based upon
his or her own judgment and accepts that such property is suitable in all respects
for the guest’s needs.
The Consumer Guarantees Act 1993
If the holiday home is being used by the guest for business purposes as defined
in the Consumer Guarantees Act 1993 then, pursuant to the provisions of Section
43 of the Consumer Guarantees Act 1993 the terms and guarantees of the Consumer
Guarantees Act do not apply to this transaction.
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