Holiday Tenancy Terms and Conditions

AmazingAccom.com is an online booking and payment portal that provides instant solutions to all your holiday accommodation requirements. We act as authorised agents for accommodation owners in respect of holiday tenancies booked through AmazingAccom.com. We do not offer accommodation management services.

The Holiday Tenancy is made pursuant to the Terms and Conditions under which the accommodation owner (and Amazing Accom as the Landlord's authorised agent) is prepared to let the Accommodation to you, the Tenant. You and the Landlord agree as follows:

1. DEFINITIONS

Capitalised terms are defined in clause 14 below.

2. AVAILABILITY OF ACCOMMODATION

This agreement is made on the understanding that the Accommodation will be available to the Tenant. If unforeseen circumstances arise whereby the Accommodation becomes unavailable then the Landlord will use its best endeavours to find a solution. The most common solution is a transfer of the booking to a similar Accommodation in the same general location for the same dates and to the same or greater value. Where such transfer is not possible and no alternative solution can be found the Landlord will refund all monies received in respect of the booking to the Tenant and the Tenant will have no further claim against the Landlord.

3. CHANGES TO BOOKINGS

3.1 All booking changes must be in writing/email and received by the Landlord on or before the date being 21 days prior to the commencement of the Holiday Tenancy.

3.2 Within 21 days of the start of the tenancy all bookings are final, non-refundable and non-transferable. The same applies if the Tenant vacates the Accommodation early.

3.3 Tenants changing a booking in accordance with clause 3.1 are offered the opportunity to re-book the Accommodation for a different time, providing the booking is completed within one year from the date of the original booking and providing the Accommodation is available at the requested time and \the total amount of rent payable by the Tenant on the new booking is equal to or greater than the total rent payable on the original booking. If the rent payable on new booking is less there will be no refund for the difference and if the new booking is more then the Tenant will pay the difference. Any amount previously paid by the Tenant in relation to the original booking will be credited to the new booking.

4. SECURITY BOND

4.1 The Tenant agrees to provide credit card details to the Landlord before the start of the Holiday Tenancy to be held by the Landlord as security against the Tenant's failure to perform the obligations set out in these Terms and Conditions.

4.2 The Tenant authorises the Landlord to debit its credit card to deduct any money due to the Landlord under clause 4.1 within 28 days of the end of the Holiday Tenancy.

4.3 In the event that there is a problem with the credit card being debited then the Tenant agrees to immediately pay the amount owing to the Landlord under this clause 4 in cash, bank cheque or by electronic funds transfer to an account specified by the Landlord.

5.TENANT'S PROMISES

5.1 A promise by the Tenant in this agreement not to do something also implies that the Tenant will not allow someone else to do that same thing. The Tenant promises to use the Accommodation only as a holiday home for no more people than the maximum occupancy stated in the Letter of Offer. A maximum of 12 guests of the Tenant are allowed on the Accommodation at any one time, unless otherwise agreed between the parties prior to the commencement of the Holiday Tenancy.

5.2 If any of the furniture, fixtures and fittings of the Accommodation are damaged beyond what is Reasonable Wear and Tear, the Tenant will, at its sole cost, repair or replace the damaged items before the end of the Holiday Tenancy when possible, or within 7 days if the item requires time to source, replace and deliver.

5.3 The Tenant promises that it will:

5.3.1 Keep in a clean, liveable condition and in good repair (subject to Reasonable Wear and Tear):
(i) The interior of the Accommodation;
(ii) The carpets, curtains and all other items of the Accommodation; and
(iii) All fixtures and fittings of the Accommodation.
5.3.2 Clean and keep free from blockages and obstructions all baths, sinks, lavatories, cisterns, drains, gutters, pipes, chimneys and the like;
5.3.3 Keep clean the insides of all windows and replace any glass or mirrors which break for any reason;
5.3.4 Report to the Landlord any disrepair or defect in respect of the Accommodation or the fixtures and fittings and report any failure of mechanical or electrical appliances as soon possible.
The Landlord will provide an Information Booklet at the Accommodation which contains:
(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.
5.3.5 Make good any damage to the Accommodation or to the Landlord's fixtures and fittings or to the common areas caused by the Tenant or any visitor of the Tenant to the Accommodation, Reasonable Wear and Tear excepted, and to pay any costs incurred by the Landlord carrying out such works in default;
5.3.6 Seek approval for temporary structures (tents or tarpaulins) to be erected on the Accommodation at the time of booking;
5.3.7 Not operate a business at the Accommodation or use it for any improper, immoral or illegal purpose;
5.3.8 Not assign, sublet, charge or part with or share possession or occupation of all or part of the Accommodation;
5.3.9 Not cause nuisance or annoyance to the Landlord, other tenants or any neighbours;
5.3.10 Not cause any damage or injury to any part of the Accommodation;
5.3.11 Not change or remove any of the Landlord's installations, furniture, fixtures and fittings;
5.3.12 Not keep or allow pets of any kind on the Accommodation. The Tenant may seek approval for a well-behaved pet to be allowed on the Accommodation, such approval to be sought at the time of booking and may be subject to certain requirements if approval is gained; and
5.3.13 Allow the Landlord, his agent or contractors access to the Accommodation at reasonable hours during the day, or to carry out urgent and unforseen repairs or other works to the Accommodation or to carry out maintenance of the appliances. The Landlord will normally give at least 24 hours notice but the Tenant will give immediate access in an emergency.

5.4 Whenever the Accommodation is left unattended, the Tenant will fasten all locks to all doors and windows and activate any burglar alarm, to prevent unauthorised access to the Accommodation. A call out due to lost keys or lockout will attract a non-negotiable minimum fee of $75. The Tenant will not change or install any locks on any doors or windows nor have additional keys made for any locks without the prior written consent of the Landlord.

5.5 In the event of non-payment of rent on the dates agreed or in the event of non-performance or breach of any of the obligations set out in this agreement, the Landlord in its sole discretion, is entitled to terminate the Tenant's tenancy and the Landlord will not owe any compensation to the Tenant.

5.6 The Tenant is responsible for the payment of any telephone calls made from the Accommodation during the Holiday Tenancy.

6. TENANT'S DEPARTURE

6.1 The Tenant is advised to carefully read the departure requirements specific to the Accommodation set out in the online booking confirmation prior to the start of the Holiday Tenancy. Generally check out time is prior to either 10 or 11am on the day of departure.

6.2 The Tenant is advised to carefully read the cleaning requirements specific to the Accommodation set out in the online booking confirmation prior to the start of the Holiday Tenancy. While basic cleaning at the end of the holiday tenancy is generally included as part of the service to the Tenant, it is the Tenant's responsibility to do any excess cleaning required beyond what is considered fair and reasonable. Generally the Accommodation is required to be left in such condition that the Landlord can clean the Accommodation in order to re-let it within two hours.

6.3 At the end of the Holiday Tenancy the Tenant will return all the keys of the Accommodation to the Landlord or comply with such arrangements for the return of the keys as the Landlord reasonably requests or as per the requirements specific to the Accommodation set out in the online booking confirmation or in the Information Booklet. The return of the keys to the Landlord will not be deemed a waiver by the Landlord of its right to claim compensation for repairs to the Accommodation.

7. ACCOMMODATION INSPECTION AT END OF TENANCY

7.1 At the end of the Holiday Tenancy the Landlord reserves the right to inspect the Accommodation.

7.2 Following the end of the Holiday Tenancy, if the Landlord is not satisfied as to the condition of the accommodation or anything in it, the Landlord may propose a deduction of a sum to be debited against the credit card details provided by the Tenant prior to the commencement of the Holiday Tenancy, in order to put the matter right. The Landlord must provide a written breakdown of any deduction proposed.

7.3 If the Tenant does not agree to the sum claimed, the Landlord will obtain a written quotation for the cost of rectification from a contractor not connected to him.

7.4 The Landlord may then accept the quotation and pay for the work. The Landlord must then provide copies of the quotation and the subsequent invoice to the Tenant. The Landlord may then deduct the sum paid from the Tenant's credit card.

8. LANDLORD'S PROMISES

8.1 The Landlord promises to:

8.1.1 Deliver the Accommodation clean, in good condition and in good repair, and with all appliances in proper working order; and
8.1.2 Ensure the Tenant quiet enjoyment of the Accommodation.
8.1.3 Except in the case of a manifest emergency, the Landlord will not perform work on the Accommodation during the Holiday Tenancy.
8.2 The Landlord is not liable for any inconvenience due to work being carried out in the common areas or neighbouring buildings or due to roadworks.

9. INSURANCE AND NO LIABILITY

9.1 The Landlord agrees to insure the Accommodation and, if it wishes, the Landlord's fixtures, fittings and effects, against such risks as are normally covered by a comprehensive policy relevant to the type of accommodation. The Tenant is under no obligation to insure these things. The Tenant will not do anything that could adversely affect the Landlord's insurance of the Accommodation.

9.2 The personal effects of the Tenant will not be insured by the Landlord. The Tenant acknowledges that all personal Accommodation and vehicles (including vehicle contents) of the Tenant remain the Tenant's responsibility and the Landlord accepts no responsibility for loss or damage.

9.3 In the event that the Tenant uses extra facilities at the Accommodation including, but not limited to, kayaks, dinghies, bicycles, trampolines, spas and/or swimming pools that may be available, such use is entirely at the Tenant's own risk at all times and the Landlord accepts no responsibility for any injury or loss to the Tenant or their Accommodation. Children are to be supervised at all times by a parent or responsible adult.

10. COMPLAINTS PROCEDURE

In the event that the Tenant is not entirely satisfied with the Accommodation or a particular aspect of the Accommodation, the Tenant must contact the Landlord immediately so that the Landlord may endeavour to resolve the matter. If the Tenant is not satisfied with the resolution proposed by the Landlord they must submit their complaint in writing to the Landlord within 14 days of the completion of the tenancy. Failure by the Tenant to comply with this procedure will result in the Landlord's refusal to entertain any claims arising from their grievance.

11. DISPUTE RESOLUTION

If a grievance is not able to be resolved in accordance with clause 10 then a mutually appointed arbitrator will be appointed. If an arbitrator cannot be agreed upon the matter will be referred to the President of the Arbitrators and Mediators Institute of New Zealand who will appoint a sole arbitrator. Any such arbitration will be carried out in accordance with the provisions of the Arbitrators Act 1996 and will be final.

12. ADDRESS FOR SERVICE

For the purposes of performing this agreement, the parties choose their respective addresses indicated in the Letter of Offer as their respective addresses for the service of notices.

13. GOVERNING LAW

This agreement is governed and construed in accordance with the laws of the New Zealand.

14. DEFINITIONS

Accommodation The apartment/house/chalet/lodge/ hotel room/motel room/bed and breakfast/villa and any other type of accommodation available on this website as described in the Letter of Offer. The Accommodation includes the furniture, fixtures and fittings and the use of any rights of access, paths, drive entranceways, any common areas and any other things reasonably necessary for the enjoyment of the Accommodation and which the Landlord can grant.

Holiday Tenancy The occupation of the Accommodation by the Tenant as detailed in the Letter of Offer.

Landlord The registered Proprietor(s) of the Accommodation or a legally authorised representative of the registered Proprietor(s).

Letter of Offer The automatically generated e-letter that the Tenant receives when it accepts the Terms and Conditions at the checkout phase of a booking. The letter sets out the details of the Accommodation offered to the Tenant for its Holiday Tenancy and incorporates these Terms and Conditions.

Reasonable Wear and Tear The amount of damage and deterioration that a reasonably careful occupier would cause during the Holiday Tenancy, assuming that the Accommodation was used only for the purposes described in the Terms and Conditions. Non-foreseeable damage, such as damage which renders an item unusable is not reasonable wear and tear.

Terms and Conditions These Holiday Tenancy Terms and Conditions including the terms and conditions in the Letter of Offer.