Holiday Tenancy Management Authority

Between Amazing Accom Limited (Agent) and Landlord (Registered Proprietor of the Accommodation):

The Landlord, prior to listing Accommodation on the Agent's website and prior to updating its Accommodation details on the website from time to time, agrees with the Agent as follows:

The Landlord, on behalf of all of the legal owners of the Accommodation to be listed on the Amazing Accom website, authorises Amazing Accom Limited to act as its agent on the terms and conditions set out below with respect to the future holiday tenancies of the Accommodation.

I, the Landlord, acknowledge and agree that the terms and conditions on which the Accommodation will be let to tenants are the Holiday Tenancy Terms and Conditions between Landlord and Tenant (Tenancy Terms and Conditions).

I confirm I have read the Tenancy Terms and Conditions, I understand them, I agree with them, and I authorise Amazing Accom Limited to act as my agent in respect of the future operation of them and this Authority.

1. I INSTRUCT AMAZING ACCOM LIMITED AS MY AGENT TO:

1.1 Collect all deposits and balance rent payments owing from time to time from tenants in respect of the Accommodation, and to pay them out in accordance with clause 2 below;

1.2 Market the Accommodation and arrange holiday tenancies;

1.3 Carry out and pay for on my account any urgent repairs to the Accommodation that from time to time become necessary. Such repairs are to be arranged in accordance with the Information Booklet (refer to clause 3.4 below) provided by us to the Agent and:

(i) At the Agent's judgement; or
(ii) After having obtained authority from me or my authorised representative.

In the case of repairs made under the Agent's judgement, the cost will not exceed NZ$600;

1.4 Exercise any other powers with respect to the Accommodation as may be necessary for the performance of the Agent's obligations under the Tenancy Terms and Conditions and this Authority.

2. AGENT'S FEES

2.1 The Agent is entitled to be paid and remunerated for its services:

(i) On all rents collected (including deposit) at a rate to be agreed with the Agent prior to the holiday tenancy (generally 12 - 20% depending on number of listings you have with us, the region your accommodation is in and other factors); and
(ii) In the unlikely event that the Agent is contacted by a tenant due to a tenant being unable to contact you and the Agent is required to arrange repairs, carry out maintenance and ensure household necessities are stocked the Agent will charge itself out at an hourly rate of $40 plus GST (minimum charge half an hour), (together, Agent's Fees)

2.2 The Agent agrees to pay the total booking amount less the agreed Agent's Fees to me on the 1st working day after that booking/tenant has checked out/departs from the Accommodation.

2.3 The Agent's Fees are inclusive of GST. I am responsible for all my accommodation GST payments (if any) to the relevant authorities.

3. I AGREE:

3.1 To honour all holiday bookings made through the Agent and its website regardless of the length of time prior to the holiday tenancy the booking was made, and notwithstanding that I may have omitted to block-out dates in the online calendar to reserve the Accommodation for personal or alternative use for the period of occupation of a confirmed holiday tenancy. In the event that I fail to honour a booking, the Agent reserves the right to deduct the Agent's Fees on that dishonoured booking from any future earnings I may be owed on any accommodation booked through the Agent. In the event that the Accommodation is removed from the AA site I agree to compensate the Agent its Agent's Fees on that dishonoured booking;

3.2 To advise the Agent immediately if the Accommodation is put on the market for sale. In the event that the Accommodation is sold prior to the commencement of one or more confirmed holiday tenancies and the new owner of the Accommodation does not agree to honour the bookings, I agree to refund to the Agent all monies received by me from the Agent in relation to the confirmed holiday bookings within 7 days of the date that the Agreement for the sale of the Accommodation becomes unconditional and to compensate the Agent for any loss of Agent's Fees it may suffer as a result of the sale of the Accommodation;

3.3 To keep the Accommodation fully insured against such risks as are normally covered by a comprehensive policy relevant to the type of accommodation and frequency of holiday tenancy use and/or for holiday letting purposes;

3.4 To provide a completed Information Booklet that contains details relevant to the Accommodation for use by the Tenant, for example:
(i) A trouble-shoot action plan setting out the procedure for the efficient and effective resolution of any problems relating to the Accommodation during the holiday tenancy;
(ii) Details of rubbish collection days and times (and recycling requirements) and any additional requirements;
(iii) Operational manuals, codes and details for all electronic appliances and devices; and
(iv) A list of contact details for preferred tradesman and servicemen and any other contacts that are familiar with the Accommodation and are available to assist with resolving any problems;

3.5 To ensure that, prior to a Tenant's arrival, the interior and exterior of the Accommodation is, in all respects, fit for occupation as a luxury holiday home and meets the high standard required by the Agent and by the tenant booking luxury accommodation through the AA site, and is in accordance with all Accommodation information content posted on the Agent's website;

3.6 That in relation to the photographic and textual material supplied by me to the Agent in relation to the Accommodation (Material), I represent and warrant that:
(i) I own the copyright in the Material; or
(ii) I have been authorised by the owner of the copyright in the Material to grant the Agent permission to use the Material as contemplated in this clause;

3.7 I hereby grant the Agent a perpetual, royalty-free licence to use the Material for promotional purposes (including marketing and public relations material). I irrevocably and unconditionally indemnify the Agent against any cost, loss or liability (including legal costs) which the Agent may incur by reason of any breach of copyright arising from the Agent's use of the Material. I understand that I may not reproduce photographic or textual material from any part of the Agent's website without permission from the relevant copyright owner.

4. I ACKNOWLEDGE AND AGREE:

4.1 That any dispute regarding the Accommodation including, but not limited to, the condition of the Accommodation and any damages and/or any breakages, is solely between myself and the tenant, and that the Agent will not be involved in any such dispute or be liable to anyone in any way. The Agent recommends that I regularly take and hold a complete and dated photographic record of the Accommodation;

4.2 Accommodation advertised on the Agent's website pertains to one Accommodation only, nor examples of accommodation in a certain region. Only one Accommodation will be represented in an advertisement. The Agent has the right to amend any Accommodation advertisements not adhering to this clause;

4.3 That if the Agent receives substantiated complaints from any number of its site users about a specific Accommodation page misrepresenting the Accommodation, or its surroundings, then the Agent reserves the right to remove the Accommodation page without notice. If I attempt to enter unsuitable material into the online database, or persistently misuse the on-line systems, the Agent has the right to remove the associated Accommodation page(s) from the website. The Agent has the right to refuse or remove any Accommodation page from its website that it considers unsuitable, incomplete or misleading, and will not be liable for any expense in so doing. The Agent has the right to refuse any Accommodation page from its website where the content fails to meet its minimum requirements. If I wish to have my Accommodation page(s) removed from the website, this will be done as soon as the Agent receives formal notice from me by email;

4.4 That in the interests of maintaining a high level of service to users of the website, the Agent requires me to be available to respond to enquiries by telephone or email. If I am unavailable for a period of more than 1 week I will leave an answerphone message to that effect or set up an out of office response on my email account. If neither of these options is viable, I will contact the Agent so it can temporarily suspend my current Accommodation page(s). The Agent reserves the right to suspend my advertisement if I am unreachable for more than 1 week. In this instance the Agent will send messages by telephone and email asking me to request re-activation upon my return.

4.5 That the Agent is acting as my agent at all times and not as principal in the holiday tenancy leasing of the Accommodation; and

4.6 That either party may terminate this agreement by giving two calendar months' notice in writing. In the event that the agreement is cancelled I will honour all future confirmed bookings and agree to pay the Agent its Agent's Fees in respect of all future confirmed bookings. The Accommodation is available to let from the date of I upload the Accommodation to the AA site or as otherwise advised by me in writing/email to the Agent.

I confirm that I have authority to enter into this agreement on behalf of all other owners of the Accommodation.