Rental Booking Contract - Heart of Nelson
These terms and conditions (the “Rental Booking Contract”) are between and shall bind the manager of the ‘Heart of Nelson’ (“we”, “us” and “our”) and the holiday makers or guests who book our property (the “Property”) through one of the following booking platforms, www.heartofnelson.co.nz (Lodgify), www.tripadvisor.com, www.booking.com, www.airbnb.com or www.bookabach.co.nz.
Each such booking is referred to in the Rental Booking Contract as a “Booking”. References to “you” “yourself” or “your” are references to the person making the booking and all members or the holiday party, guests staying at the property or friends of guests at the property.
Any Booking is subject to the Rental Booking Contract. This Rental Booking Contract and our confirmation email contain the entire agreement between us and you and forms the basis of your agreement with us so please read them carefully. Nothing in this Rental Booking Contract affects your usual statutory rights.
For the avoidance of doubt, you acknowledge that the managers of the Heart of Nelson are Richard Hawker and Nina Wainman of 349 Trafalgar Square, Nelson, New Zealand 7010.
This Rental Booking Contract shall be effective once you have received a booking confirmation in writing either via email, or through any of the booking platforms (www.heartofnelson.co.nz (Lodgify), www.tripadvisor.com, www.booking.com, www.airbnb.com or www.bookabach.co.nz.).
Paying for your Booking
Before your arrival date you must of paid the full amount of your Booking. This must have been done either through our website, the booking platform that you made the booking with, or via PayPal to the Heart of Nelson.
If you fail to make payment before your arrival date we shall be entitled to treat your Booking as cancelled by you and the Cancellation Policy (as defined below) shall apply.
If you Cancel or Amend your Booking
If you need to cancel or amend your Booking you must write to us or email us as soon as possible. The Cancellation Policy described below applies to your Booking and we will refund any amounts due to you in accordance with the agreed Cancellation Policy within a month of the cancelation date.
In the event that:
- any Balance required from you is not paid in accordance with the timeframes set out in the Cancellation Policy; or
- you do not arrive at the property within 24 hours of your arrival time without notifying us,
then we shall be entitled to treat your Booking as being cancelled by you and the Cancellation Policy shall apply.
If we cancel or amend your Booking
We would not expect to have to make any changes to your Booking once it is agreed between you and us, but sometimes problems occur and we do have to make alterations or very occasionally cancel Bookings.
If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancelation or the change to your Booking. If we cancel you Booking and you have already paid for your Booking we will refund you. However we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activated or insurance).
Checkin and checkout times
You can arrive at the property anytime after 1400 (2pm) on your scheduled arrival date. You must leave by 1100 (11am) on your scheduled departure date.
If your arrival will be delayed, you must contact us in writing so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday of the day after the Arrival Date and you do not advise us of your anticipated late arrival we may treat your Booking as having been cancelled by you and we shall be under no obligation to refund you for any fees already paid to us. Please see the Cancelation Policy for further details.
The Property and the Property Rules
You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition.
You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier or neighbouring properties.
Your agree to take all necessary steps to safeguard your personal property while at the Property.
Prior to leaving the property or in hours of darkness when you are sleeping you must check and lock all windows and doors, making sure the Property is secured. Any theft of our property from doors or windows being left open by you will be charged by us at the replacement value.
You agree to ensure that you and each member of your travel party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).
No other guests, your friends or family is allowed into the property without consent from us.
There are no parties allowed at the property.
You cannot allow more people to stay in the property than expressly authorised by us. This will only ever be 1 or 2 people. Nor can you change the makeup of your party during your stay in the Property. If you do so, we can ask you to immediately leave the property, this will be treated as a cancellation of the Booking by you and no fees will be refunded. Any refund will be at our sole discretion.
You agree to allow us access to any guest area in the Property at any time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with the Booking Contract.
Yourself or any other guest is not permitted upstairs at the property. If you need any assistance please feel free to call us on 021 384317.
The combination code to the door must not be given by yourself to any other person not in the Booking party.
Damages to the Property
Any damages to the property will be charged to you at the market value for replacement of this item. Any item broken, damaged or stolen and not reported will also be charged at our discretion at replacement value.
You cannot take your pet into the Property unless permitted by us in writing in advance. If you do so, we can ask you to immediately leave the property, this will be treated as a cancellation of the Booking by you and no fees will be refunded. Any refund will be at our sole discretion.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
It is essential that you contact us if any problem arises so that it can be speedily resolved. If is often extremely difficult (and sometime impossible) to resolve problems properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway.
If any complaint cannot be resolved during your stay, you must write to us or email us with full details within 14 days of the end of your Booking.
Limit of Liability
Our maximum liability for losses you suffer as a result of us acting in breach of this Rental Booking Contact is strictly limited to the amounts received by us in relation to your Booking. We shall not be liable for any losses which are not foreseeable in consequence of us breaching the Rental Booking Contract. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses however suffered or incurred by you.
For the avoidance of doubt, we shall not be liable to your or responsible for:
- any issue between you and us regarding your Booking;
- any failure in relation to any payments due to the failure of a payment solution provided by a third party; and
- the rejection of any payments of yours by third party payment solution provider.
This does not exclude or limit in any way our liability for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
House Keeping and Bookings of 7 days or more
There will be no “house keeping” provided during your stay. Cleaning products will be provided and the Property must be kept clean.
If your Booking is for 7 days or more we reserve the right to clean your guest accomodation area at the property if needed at least once every 7 days at a time convenient to us when you are not at the property.
There will be no subletting of the Property or any part of the Property during your stay.
100% of paid prepayments refundable when cancelled 7 days before arrival or earlier. 0% refundable if cancelled after.
Law and Jurisdiction
This Rental Booking Contract (including any non-contractual obligations arising under or in relation to this Rental Booking Contract) between you and us is governed by the law of New Zealand and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the Courts of New Zealand.
You may not transfer your Booking or any rights and responsibilities under this Rental Booking Contract to any other person, without prior written consent.
If at any time any part of the Rental Booking Contract is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.
This Rental Booking Contract and our confirmation email containing the entire agreement between us and you relating to the Booking shall supersede any previous agreements, arrangements or discussion between you and us whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this Rental Booking Contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Rental Booking Contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in the Rental Booking Contract.
We will not be in breach of this Rental Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstance beyond our reasonable control including, without limitation, flood, fire, explosion or accident.