HOLIDAY TENANCY TERMS AND CONDITIONS (FOR RENTERS)
AmazingAccom.com is an online booking and payment portal that provides instant solutions to your holiday accommodation requirements. Renters that book accommodation through Amazing Accom are put in direct contact with the Owner/Property Manager of the Accommodation of their choice upon completing the online booking process. Amazing Accom is not the agent of any Owner/Property Manager and does not endorse any Owner/Property Manager. Amazing Accom is not a property management company and takes no responsibility for the suitability, quality or rental price of Accommodation available on this website. Any use of this website is subject to the Website Terms and Conditions.
The Holiday Tenancy is made pursuant to the Terms and Conditions.
You, the Renter, agree with Amazing Accom and the Owner/Property Manager as follows:
1.DEFINITIONS
Capitalised terms are defined in clause 16.
2.AVAILABILITY OF ACCOMMODATION
2.1. If for any unforeseen reason the Accommodation is unavailable Amazing Accom will use its best endeavours to find a solution for the Renter. The Renter is entitled to a full refund of all monies paid if it wishes. No compensation will be paid to the Renter if the Accommodation is unavailable.
2.2. Amazing Accom will not be involved in any dispute on behalf of the Renter or the Owner/Property Manager resulting from the use of this website or the Holiday Tenancy. Owner/Property Managers and Renters contract directly with each other and must communicate and deal with each other to resolve any problems.
3. CHANGES TO BOOKINGS AND CANCELLATIONS
3.1. All requests for changes to bookings including cancellations must be in writing by the Renter to the Owner/Property Manager and/or Amazing Accom.
3.2. Within 45 days of the start of the Holiday Tenancy all bookings are final and non-refundable.
Cancellations
3.3. If a cancellation request is received by Amazing Accom or the Owner/Property Manager at least 45 days before the start of the Holiday Tenancy, the Owner/Property Manager will use its best endeavours to ensure that the Accommodation is promptly relisted on AmazingAccom.com for the period of the cancelled booking.
3.4. If the Accommodation is re-booked by a third party for part or all of the cancelled booking the Renter will be reimbursed for those nights that are re-booked, less Amazing Accom’s fees on the total value of the original cancelled booking. Amazing Accom’s fees are agreed between the Owner/Property Manager and Amazing Accom – see Amazing Accom Agreement with Owner/Property Manager.
3.5. If the cancelled booking is not re-booked as contemplated in clause 3.4 above, the Owner/Property Manager will not refund any amount paid, and the Renter is not entitled to compensation in relation to the cancelled booking.
3.6. Some Owner/Property Managers require the Renter to agree to further terms and conditions specific to its accommodation at the time of booking. If the Renter does not wish to be bound by an Owner/Property Manager’s additional terms and conditions for any reason, then the Renter can cancel the booking and Amazing Accom will refund the Renter in full subject to Amazing Accom receiving notice in writing from the Renter within 5 working days of the completion of the online booking process.
Changes/Transfer
3.7. Renters are given one opportunity to change a booking to a different time. This entitlement is subject to the following conditions:
3.7. Renters are given one opportunity to change a booking to a different time. This entitlement is subject to the following conditions:
3.7.2. The request for change/transfer is received in writing by Amazing Accom on or prior to the date that is 45 days prior to the commencement date of the original booking;
3.7.3. The new booking is completed within one year from the commencement date of the original booking;
3.7.4. The total amount of rent payable by the Renter on the new booking is equal to or greater than the total rent payable on the original booking. If the rent payable on the new booking is less there will be no refund for the difference. Conversely, the Renter will pay the difference if the rent for the new booking is more. Any amount previously paid by the Renter in relation to the original booking will be credited to the new booking; and
3.7.5. The Renter pays a $100 plus GST administration fee in relation to the change/transfer.
3.8. The Renter will not receive any refund if it vacates the Accommodation early.
4. EVICTION
In the event of non-payment of rent on the dates agreed or in the event of breach of any of the Terms and Conditions, the Owner/Property Manager in its sole discretion, is entitled to terminate the Renter's Holiday Tenancy and Amazing Accom and the Owner/Property Manager will not owe any compensation to the Renter.
5. SECURITY BOND
5.1. The Renter agrees to provide its credit card details at or prior to check-in to the contact person named in the Renter’s online automated booking confirmation email. The details are held by the Owner/Property Manager as security against the Renter's failure to perform the obligations set out in the Terms and Conditions.
5.2. The Renter authorises the Owner/Property Manager to debit its credit card to deduct any money due to the Owner/Property Manager upon final resolution of any dispute between the Renter and the Owner/Property Manager.
5.3. In the event that there is a problem with the credit card being debited the Renter agrees to immediately pay the amount owing to the Owner/Property Manager in cash, bank cheque or by electronic funds transfer of cleared funds to an account specified by the Owner/Property Manager.
5.4. Some Owners/Property Managers require payment of a cash bond in addition to or instead of credit card bond. Typically the cash bond is $500 - $1,500 depending on the nature of the Accommodation, is paid into the Owner/Property Manager’s nominated bank account prior to check in and is repaid within 5 working days of the completion of the Holiday Tenancy or upon the final resolution of a dispute.
6. RENTER'S PROMISES
6.1. The Renter’s promises in this clause apply equally to the Renter’s guests/visitors and the Renter is fully liable for any breach. The Renter and its guests/visitors must comply with the Terms and Conditions or face immediate eviction with loss of rent and bond.
6.2. The Renter promises to use the Accommodation as a short term holiday home only for the maximum number of occupants as stated in the Letter of Offer.
6.3. The Renter is allowed a maximum of 10 guests/visitors on the Accommodation at any one time, unless otherwise agreed with the Owner/Property Manager prior to completing the online booking.
6.4. If any of the furniture, fixtures and fittings of the Accommodation are damaged beyond what is Reasonable Wear and Tear, the Renter will, at its sole cost, repair or replace the damaged items before the end of the Holiday Tenancy when possible, or within 14 days of the end of the Holiday Tenancy if the item requires time to source, replace and deliver.
6.5. The Renter promises that it will:
6.5.1. 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.
6.5.2. Not cause nuisance or annoyance to the Owner/Property Manager, other Renters or any neighbours. In the event that noise control or a neighbour contacts the Owner/Property Manager about excessive noise levels after 11pm, and as a strict deterrent for this anti-social behaviour, the Owner/Property Manager may in its sole discretion deduct $500.00 plus GST from the Renter’s credit card upon providing notice in writing to a Renter of its decision to do so. In the event that any of the Owner/Property Manager’s stereo equipment is seized by any authority from the Accommodation the Renter must promptly recover and return such equipment to the Accommodation at its sole cost;
6.5.3. Clean and keep free from blockages and obstructions all baths, sinks, lavatories, cisterns, drains, gutters, pipes, chimneys and the like;
6.5.4. Keep clean the insides of all windows and replace any glass or mirrors which break for any reason;
6.5.5. Report to the Owner/Property Manager 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;
6.5.6. Fix any damage to the Accommodation or to the Owner/Property Manager's fixtures and fittings or to the common areas caused by the Renter, Reasonable Wear and Tear excepted, and to pay any costs incurred by the Owner/Property Manager carrying out such works in default;
6.5.7. Seek approval for temporary structures (e.g. tents or tarpaulins) to be erected on the Accommodation prior to completing the online booking;
6.5.8. Not operate a business at the Accommodation or use it for any improper, immoral or illegal purpose;
6.5.9. Not assign, sublet, charge or part with or share possession or occupation of all or part of the Accommodation;
6.5.10. Not damage, change or remove any of the Owner/Property Manager's installations, furniture, fixtures and fittings;
6.5.11. Pet policies are specified online relative to each accommodation. If a well-behaved pet is permitted to stay at the Accommodation, the Renter is liable for any damage caused to the Accommodation;
6.5.12. Allow the Owner/Property Manager, his agent or contractors access to the Accommodation at reasonable hours during the day, to carry out repairs or other works to the Accommodation or to carry out maintenance of the fixtures and fittings. The Renter will give immediate access at anytime in the event of an emergency; and
6.5.13. Pay for all telephone calls made from the Accommodation during the Holiday Tenancy.
6.6. The Owner/Property Manager will provide an Information Booklet/House Rules at the Accommodation which contains:
6.6.1. Contact details for the Owner/Property Manager for the efficient and effective resolution of any problems relating to the Accommodation during the Holiday Tenancy;
6.6.2. Details of waste management (including rubbish collection days and recycling requirements etc.); and
6.6.3. Operational manuals, codes and details for all electronic appliances and devices.
6.7. Whenever the Accommodation is left unattended, the Renter 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 $100 plus GST to be deducted from the Renter’s credit card. The Renter 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 Owner/Property Manager.
6.8. The Owner/Property Manager will not pay the Renter compensation for any inconvenience due to work being carried out in the common areas of the Accommodation or neighbouring buildings or due to road works or any other nuisance or annoyance.
7. RENTER'S DEPARTURE
7.1. The Renter will carefully read and comply with the departure requirements specific to the Accommodation set out in the online booking confirmation prior to the start of the Holiday Tenancy. Check out time is typically 10 or 11am on the departure date. Alternative arrangements may be possible if requested by the Renter.
7.2. While basic cleaning at the end of the Holiday Tenancy is generally included as part of the service to the Renter, the Renter is responsible for any excess cleaning required beyond what is considered fair and reasonable.
7.3. At the end of the Holiday Tenancy the Renter will return all keys to the Accommodation to the Owner/Property Manager or comply with such arrangements for the return of the keys as the Owner/Property Manager 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 Owner/Property Manager will not be deemed a waiver by the Owner/Property Manager of its right to claim compensation for any breach of the Terms and Conditions.
8. ACCOMMODATION INSPECTION AT END OF TENANCY
8.1. At the end of the Holiday Tenancy the Owner/Property Manager reserves the right to inspect the Accommodation.
8.2. If the Owner/Property Manager is not satisfied as to the condition of the Accommodation, the Owner/Property Manager may propose a sum to be deducted from the Renter’s credit card. The Owner/Property Manager must provide a written breakdown of any deduction proposed.
8.3. If the Renter does not agree to the sum claimed, the Owner/Property Manager will obtain a written quote for the cost of rectification from two independent third party contractors and provide them to the Renter.
8.4. The Owner/Property Manager may then accept the lowest quotation and pay for the work. The Owner/Property Manager will provide the Renter with a copy of the contractor’s receipt. The Renter is responsible for immediate payment to the Owner/Property Manager upon receiving a copy of the contractor’s receipt.
9. INSURANCE AND NO LIABILITY
9.1. The Renter will not do anything that could adversely affect the Owner/Property Manager's insurance over the Accommodation.
9.2. The personal effects of the Renter will not be insured by the Owner/Property Manager. The Renter acknowledges that all personal items and vehicles (including vehicle contents) of the Renter remain the Renter's responsibility and the Owner/Property Manager accepts no responsibility for loss or damage.
9.3. In the event that the Renter uses extra facilities at the Accommodation including, but not limited to, kayaks, dinghies, bicycles, trampolines, spas and swimming pools, such use is entirely at the Renter's own risk at all times and the Owner/Property Manager accepts no responsibility for any injury or loss to the Renter. Children are to be supervised at all times by a parent or responsible adult.
10. WARNING
10.1. To the fullest extent possible at law, Amazing Accom does not make any representations or give any express or implied warranties of any kind in relation to any Accommodation or any product or service featured on this website. The Renter’s use of Amazing Accom’s services is at its sole risk.
11. RESOLUTION OF DISPUTES
11.1. Any grievance or complaint leading to a dispute is between the Renter and the Owner/Property Manager. Amazing Accom will not act on the Renter’s or the Owner/Property Manager’s behalf in any dispute.
11.2. However if either Amazing Accom or the Renter has a dispute for any reason then the following procedure must be followed before commencing legal proceedings:
11.2.1. Neither party will commence or maintain any action or proceeding in any court, tribunal or otherwise regarding a dispute without first complying with the provisions of clauses 11.1.2 to 11.1.7;
11.2.2. If a party considers that a dispute has arisen, it may issue a written Dispute Notice to the other party, setting out reasonable particulars of the matter in dispute. For a period of 20 working days after a party receives a Dispute Notice, the parties shall with best endeavours and in good faith negotiate to attempt to resolve the dispute and shall (subject to privilege) provide to the other party all information with respect to the dispute which is reasonably requested by the other party;
11.2.3. If the dispute has not been resolved within 20 working days after receipt of the Dispute Notice, or within such further period as the parties agree in writing, the parties shall attempt to settle the dispute by mediation administered by Leadr NZ Inc. (or, if for any reason Leadr NZ Inc. does not exist or is unable to act, then a mediator selected by the current President of the New Zealand Law Society), before having recourse to any other Dispute resolution processes which may be available to the parties;
11.2.4. The mediation described in clause 11.2.3 shall be conducted in accordance with Leadr NZ Inc. guidelines as from time to time in force;
11.2.5. If the dispute has not been resolved within 20 working days, or within such further period as the parties agree in writing, after the commencement of mediation, then either party may exercise any of its rights under the termination provisions of the Terms and Conditions or any other legal rights which may be available to it;
11.2.6. Except where the dispute renders it impossible to do so, the parties will continue performing their respective obligations under the Holiday Tenancy while a dispute is being resolved, until the parties’ respective obligations under this clause 10 are complied with; and
11.2.7. Each Party will use its best endeavours to ensure that, where a dispute is reasonably foreseeable, it is dealt with at a sufficiently early stage to ensure that there is a minimum effect on the ability of any party to perform its obligations under this Agreement.
11.3. Notwithstanding the above, nothing in this clause 11 prevents the Renter or the Owner/Property Manager from seeking urgent equitable relief before an appropriate court.
12. NOTICES
Notices are required in writing and must be served by email, courier or post.
13. ADDRESS FOR SERVICE
The parties’ addresses (including email addresses) in the Letter of Offer are the relevant addresses for the service of notices.
14. NO WAIVER AND PARTIAL INVALIDITY
If Amazing Accom or the Owner/Property Manager do not exercise or enforce any right available to it under the Terms and Conditions, it does not constitute a waiver of those rights. If any provision of the Terms and Conditions becomes or is held to be invalid, that provision is severed from the remaining Terms and Conditions, which remain in full force and effect.
15. GOVERNING LAW
The Terms and Conditions are governed and construed in accordance with the laws of New Zealand.
16. DEFINITIONS
Capitalised terms have the following definitions:
Accommodation The apartment / house / chalet / lodge / hotel room / motel room / bed and breakfast / villa (and any other type of accommodation available on AmazingAccom.com). 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 items reasonably necessary for the enjoyment of the Accommodation and which the Owner/Property Manager can grant.
Holiday Tenancy The occupation of the Accommodation by the Renter as detailed in the Letter of Offer and pursuant to the Terms and Conditions.
Information Booklet See clause 6.6 above.
Owner/Property Manager The registered proprietor/s of the Accommodation or an authorised representative of the registered proprietor/s.
Letter of Offer The automatically generated e-letter that the Renter 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 Renter for its Holiday Tenancy and incorporates these Terms and Conditions.
Reasonable Wear and Tear The amount of damage and deterioration that a reasonably careful Renter 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.
Renter The person or persons taking the Holiday Tenancy including all other occupants of the Accommodation at any time during the Holiday Tenancy.
Terms and Conditions These Holiday Tenancy Terms and Conditions including the Letter of Offer, the online booking confirmation email and any additional special conditions imposed on the Renter by the Owner/Property Manager.
Any dollar amount expressed in the Terms and Conditions is in the local currency of the country where the Accommodation is located.
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