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20 Peninsula Road, Tata Beach, Golden Bay, Nelson
copyright © 2009 Beulah Beach Haven
website by brass nugget
copyright © 2009 Beulah Beach Haven
website by brass nugget
Beulah Beach Haven Holiday House Rental Contract
Short Term Rental Terms
1. Terms of the Agreement
1.1. These terms apply when the owner of the holiday house ("the owner") agrees to rent the holiday house ("the Holiday House") to the renter
("renter").
1.2. The renter agrees to rent the Holiday House from the owner on the following terms and conditions ("the Agreement").
1.3. Unless otherwise provided in the Agreement, the term "renter" includes the person or persons entering into the Agreement with the owner
together with all other people that will occupy the Holiday House during the period that the Holiday House is rented ("the Term") or may visit the
Holiday House during the Term.
2. Bookings/Deposits/Cancellation of Bookings
2.1. Bookings
A booking may be made by a renter contacting the owner of the Holiday House and seeking confirmation as to its availability and reserving dates to rent the Holiday House for the Term. This includes bookings made via any website.
2.2. Deposit
The amount that is payable as a deposit in order to confirm a booking is 50% of the full rental for the Holiday House. A deposit is in part payment of the full amount of rental that is due for renting the Holiday House for the Term;
2.2.1. the deposit is payable by internet banking account 06 0293 0072840 00;
2.2.2. Confirmation of a booking will be provided to the renter once the deposit has been received by the owner ("the Confirmation");
2.2.3. Confirmation may contain terms and conditions in addition to those in the Agreement, without limitation. Any terms and conditions listed on the
website also apply;
2.2.4. upon receipt of a Confirmation, the renter will be liable for the balance of the rental together with any extra costs/fees that are itemised in the
Confirmation;
2.2.5. if a booking is made by a renter and accepted by the owner within 30 days of the proposed date of commencement of the Term, no deposit will
be payable as the full rental is payable prior to the owner providing a Confirmation to the renter.
2.3 Rental
2.3.1 following payment of a deposit the full rental for the Term is due 30 days prior to the date of commencement of the Term.
2.3.2 if payment of the full rental has not been received by the owner within 14 days of the date of commencement of the Term the owner reserves the
right to cancel the Agreement; and rent the Holiday House to another renter.
2.4 Amendments to Bookings
2.4.1 The owner may refuse to register any amendments to a booking requested by the renter once Confirmation has been provided to the renter;
2.4.2 Subject to paragraph 2.5.1, if a renter cancels a booking and books another Term, the owner may agree to transfer the deposit paid from the
cancelled booking to the new booking.
2.5 Cancellations
2.5.1 If the renter cancels the Agreement earlier than 28 days prior to the date of commencement of the Term the deposit may be forfeited by the renter.
The Rental will not be payable provided the renter has provided written notice of its cancellation to the owner earlier than 28 days prior to the date
of commencement of the Term.
2.5.2 If a Confirmation has been obtained under paragraph 2.2.3 and the renter cancels the Agreement within 28 days prior to the date of
commencement of the Term the full rental may be forfeited by the renter, and the renter will remain liable for the full rental.
2.6 Early Termination
2.6.1 Should the Renter terminate their stay prior to the end of the contracted Term there will be no refund of the balance of the Rental except in
exceptional circumstances which are solely at the discretion of the Owner or their representative.
3. Acknowledgement
3.1.1. The renter acknowledges that he/she/they, is/are responsible to the owner for all breakage, destruction, costs, fines incurred or damage caused
to the Holiday House, including any contents, by the renter during the Term. The renter must immediately reimburse the owner for all such
breakages, destruction, costs, fines or damage.
3.1.2. If the Term is more than 14 days the owner may request a bond of $500.00 from the renter, to be held by the owner on trust until the end of the
Term. If a bond is held by the owner it shall not limit any liability of the renter under paragraph 3.1.1 above.
4. Occupation of the Holiday House
4.1. The renter may not allow more people than that permitted in the terms of the confirmation or as set out on the site to occupy the Holiday House.
4.2. The owner may terminate the Agreement if:
4.2.1. the permitted number of renters is exceeded; and
4.2.2. the owner or their representative has notified the renter of their breach of the Agreement and the renter has failed to rectify the breach within 24
hours of receiving such notification.
4.2.3. There is a no smoking policy in the Holiday House. Smoking is not permitted within the boundaries of the property.
5. Arrival and Departure Times
5.1. Subject to paragraph 5.2, 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.
5.2. The arrival and departure times may be varied by agreement between the owner and the renter as set out in the Confirmation.
6. Additional Facilities Available in the Holiday House
6.1. If any additional facilities, as listed in the Confirmation, are used by the renter the renter uses those additional facilities at its sole risk.
7. Renter's Chattels and Personal Belongings
7.1. The owner accepts no responsibility for any loss, or damage, to any of the renter's chattels or personal belongings at the Holiday House during
the Term.
8. Complaints
8.1. If the renter is not entirely satisfied with the Holiday House they must immediately contact the owner or the owner's representative as set out in the
Confirmation.
8.2. 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.
9. Arbitration
9.1. Should any dispute arise between the owner and the renter which cannot be mutually resolved, the matter shall be referred to an arbitrator if one
can be agreed upon, or failing agreement, to the President of the Arbitrators and Mediators Institute of New Zealand to appoint an arbitrator. Any
such arbitration is to be carried out in accordance with the provisions of the Arbitration Act 1996 and all decisions will be deemed final.
10. Insurance
10.1. The renter undertakes that it will not do, or omit to do, any action that would invalidate or adversely affect any insurance policy held by the owner in
respect of the Holiday House and/or its contents.
11. Privacy Act 1993
11.1. All information obtained by the owner in respect of the renter and in particular the renter/s financial circumstances, is for the owner/s
requirements to determine the credit worthiness of the renter. The renter authorises the owner to exchange this information with a credit agency.
The renter understands that if the renter defaults on any payment under this Agreement, that default may be listed with a credit agency. Any
information provided to a credit agency is available to other users of that agency/s services.
12. Consumer Guarantees Act 1993
12.1. 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.
13. Residential Tenancies Act 1986
13.1. The owner and the renter agree that the Term shall not exceed 120 days and this Agreement is not subject to the Residential Tenancies Act
1986.
14. Force Majeure
14.1. The owner is not responsible for the non-availability or the early termination of the Agreement for any matter or reason which is beyond its control.
15. Amendments to the terms of the Agreement
15.1. These terms may be amended at any time by the owner. Any amendments shall be accepted by the renter upon execution of an
Acknowledgement setting out the amendments.
Short Term Rental Terms
1. Terms of the Agreement
1.1. These terms apply when the owner of the holiday house ("the owner") agrees to rent the holiday house ("the Holiday House") to the renter
("renter").
1.2. The renter agrees to rent the Holiday House from the owner on the following terms and conditions ("the Agreement").
1.3. Unless otherwise provided in the Agreement, the term "renter" includes the person or persons entering into the Agreement with the owner
together with all other people that will occupy the Holiday House during the period that the Holiday House is rented ("the Term") or may visit the
Holiday House during the Term.
2. Bookings/Deposits/Cancellation of Bookings
2.1. Bookings
A booking may be made by a renter contacting the owner of the Holiday House and seeking confirmation as to its availability and reserving dates to rent the Holiday House for the Term. This includes bookings made via any website.
2.2. Deposit
The amount that is payable as a deposit in order to confirm a booking is 50% of the full rental for the Holiday House. A deposit is in part payment of the full amount of rental that is due for renting the Holiday House for the Term;
2.2.1. the deposit is payable by internet banking account 06 0293 0072840 00;
2.2.2. Confirmation of a booking will be provided to the renter once the deposit has been received by the owner ("the Confirmation");
2.2.3. Confirmation may contain terms and conditions in addition to those in the Agreement, without limitation. Any terms and conditions listed on the
website also apply;
2.2.4. upon receipt of a Confirmation, the renter will be liable for the balance of the rental together with any extra costs/fees that are itemised in the
Confirmation;
2.2.5. if a booking is made by a renter and accepted by the owner within 30 days of the proposed date of commencement of the Term, no deposit will
be payable as the full rental is payable prior to the owner providing a Confirmation to the renter.
2.3 Rental
2.3.1 following payment of a deposit the full rental for the Term is due 30 days prior to the date of commencement of the Term.
2.3.2 if payment of the full rental has not been received by the owner within 14 days of the date of commencement of the Term the owner reserves the
right to cancel the Agreement; and rent the Holiday House to another renter.
2.4 Amendments to Bookings
2.4.1 The owner may refuse to register any amendments to a booking requested by the renter once Confirmation has been provided to the renter;
2.4.2 Subject to paragraph 2.5.1, if a renter cancels a booking and books another Term, the owner may agree to transfer the deposit paid from the
cancelled booking to the new booking.
2.5 Cancellations
2.5.1 If the renter cancels the Agreement earlier than 28 days prior to the date of commencement of the Term the deposit may be forfeited by the renter.
The Rental will not be payable provided the renter has provided written notice of its cancellation to the owner earlier than 28 days prior to the date
of commencement of the Term.
2.5.2 If a Confirmation has been obtained under paragraph 2.2.3 and the renter cancels the Agreement within 28 days prior to the date of
commencement of the Term the full rental may be forfeited by the renter, and the renter will remain liable for the full rental.
2.6 Early Termination
2.6.1 Should the Renter terminate their stay prior to the end of the contracted Term there will be no refund of the balance of the Rental except in
exceptional circumstances which are solely at the discretion of the Owner or their representative.
3. Acknowledgement
3.1.1. The renter acknowledges that he/she/they, is/are responsible to the owner for all breakage, destruction, costs, fines incurred or damage caused
to the Holiday House, including any contents, by the renter during the Term. The renter must immediately reimburse the owner for all such
breakages, destruction, costs, fines or damage.
3.1.2. If the Term is more than 14 days the owner may request a bond of $500.00 from the renter, to be held by the owner on trust until the end of the
Term. If a bond is held by the owner it shall not limit any liability of the renter under paragraph 3.1.1 above.
4. Occupation of the Holiday House
4.1. The renter may not allow more people than that permitted in the terms of the confirmation or as set out on the site to occupy the Holiday House.
4.2. The owner may terminate the Agreement if:
4.2.1. the permitted number of renters is exceeded; and
4.2.2. the owner or their representative has notified the renter of their breach of the Agreement and the renter has failed to rectify the breach within 24
hours of receiving such notification.
4.2.3. There is a no smoking policy in the Holiday House. Smoking is not permitted within the boundaries of the property.
5. Arrival and Departure Times
5.1. Subject to paragraph 5.2, 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.
5.2. The arrival and departure times may be varied by agreement between the owner and the renter as set out in the Confirmation.
6. Additional Facilities Available in the Holiday House
6.1. If any additional facilities, as listed in the Confirmation, are used by the renter the renter uses those additional facilities at its sole risk.
7. Renter's Chattels and Personal Belongings
7.1. The owner accepts no responsibility for any loss, or damage, to any of the renter's chattels or personal belongings at the Holiday House during
the Term.
8. Complaints
8.1. If the renter is not entirely satisfied with the Holiday House they must immediately contact the owner or the owner's representative as set out in the
Confirmation.
8.2. 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.
9. Arbitration
9.1. Should any dispute arise between the owner and the renter which cannot be mutually resolved, the matter shall be referred to an arbitrator if one
can be agreed upon, or failing agreement, to the President of the Arbitrators and Mediators Institute of New Zealand to appoint an arbitrator. Any
such arbitration is to be carried out in accordance with the provisions of the Arbitration Act 1996 and all decisions will be deemed final.
10. Insurance
10.1. The renter undertakes that it will not do, or omit to do, any action that would invalidate or adversely affect any insurance policy held by the owner in
respect of the Holiday House and/or its contents.
11. Privacy Act 1993
11.1. All information obtained by the owner in respect of the renter and in particular the renter/s financial circumstances, is for the owner/s
requirements to determine the credit worthiness of the renter. The renter authorises the owner to exchange this information with a credit agency.
The renter understands that if the renter defaults on any payment under this Agreement, that default may be listed with a credit agency. Any
information provided to a credit agency is available to other users of that agency/s services.
12. Consumer Guarantees Act 1993
12.1. 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.
13. Residential Tenancies Act 1986
13.1. The owner and the renter agree that the Term shall not exceed 120 days and this Agreement is not subject to the Residential Tenancies Act
1986.
14. Force Majeure
14.1. The owner is not responsible for the non-availability or the early termination of the Agreement for any matter or reason which is beyond its control.
15. Amendments to the terms of the Agreement
15.1. These terms may be amended at any time by the owner. Any amendments shall be accepted by the renter upon execution of an
Acknowledgement setting out the amendments.
Beulah Beach Haven
