This Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the day you book your stay with us (Reservation Date) between you (the “Guest”) and The House of Hazel Limited T/A The House of Hazel or HOH (“Rental Agent”), pursuant to which the Guest has agreed to rent the residence described below (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
Guest agrees that no more than the agreed amount of persons for the specified property shall be permitted in the Property at any time during the Rental Term, all of whom shall be listed in the reservation information and comply with the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access, kitchen appliances etc applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as bbqs, braziers, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in a clean and sanitary condition at all times. Guest and any additional permitted guests named on the reservation shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbours, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion of the Property to be used by other persons other than the additional permitted guests named on the reservation as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal effects and other items brought into the Property by Guest or their permitted guests shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever. Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, Rental Agents, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property at reasonable times and without notice for the purposes of maintaining or inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is an imminent danger to any person or property, Rental Agent is highly likely to enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest’s rental of the Property:
1.1 You must be 18 years or over when you book your accommodation. Your booking is made as a consumer and you acknowledge that no liability can be accepted for any losses suffered or incurred by you.
1.2 We reserve the right to refuse to accept any booking for whatever reason we see fit.
1.3 You may arrive at your accommodation after 3pm (except if your booking confirmation states an alternative) on the start day of your booking and, unless otherwise agreed, you must leave by 10am (except if your booking confirmation states an alternative) on the last day. If you fail to arrive by midnight on the day of the start date and do not advise us of a late arrival we may treat the booking as being cancelled by you.
1.4 No parties or events are allowed at the Property, if this is breached the booking is automatically terminated and the total price of the reservation will be charged. Property quiet hours are between 11pm - 6am.
1.5 If the number of people permitted to occupy an apartment is exceeded (which would be in breach of Health and Safety Regulations) we reserve the right to remove all occupants from the property who are not listed on the reservation and charge additional fees where necessary.
1.6 Should payment not reach us by the due date we reserve the right to treat the booking as cancelled by you and any bookings made and any deposit paid will be forfeited.
1.7 Card details to cover breakages and damages are required. These can be charged up to seven (7) working days after the guests leave the property for the final time. Charges may be applied unless the following provisions are met:
- No damage is done to property or its contents. Please do not rearrange the furniture.
- No charges are incurred due to illegal activity, in which your booking will be terminated immediately, pets or additional services rendered during the stay.
- All debris, rubbish and discards are placed in a rubbish bin, and dirty dishes are cleaned.Please take your shoes off at the door.
- Upon departure the Property must be locked up, with the a/c, heaters, fans and similar appliance are off.
- All keys are left in the lockbox (or same place as the guest collected them from) and the accommodation is left locked.
- All charges accrued during the stay are paid prior to departure.
- No linens are lost or damaged. Please do not consume food or drink in the bedrooms.
- Early arrival or late departure may be arranged at the discretion of management and subject to a fee.
- NO smoking within the apartment.
- The Guest(s) are not evicted by the Rental Agent (or representative of the Rental Agent) or the local law enforcement.
1.8 We expect the property to be left in a reasonable state on departure, including dirty dishes washed. If at our discretion, additional cleaning is required on departure, the cost of this cleaning will be charged as an additional charge.
1.9 Where there is evidence of guests smoking within the apartment, we reserve the right to charge up to $500 for specialist cleaning.
2.0 Pets are not permitted in our rental units, if Pets are brought into the property we reserve the right to charge an additional cleaning fee of up to $500.
2.1 Full refund for cancellations or modifications up to 30 days before check-in. If booked fewer than 30 days before check-in, full refund for cancellations made within 24 hours of booking and at least 14 days before check-in. After that, 50% refund up to 7 days before check-in, except if it is stated any different at the time of booking. If cancelled or modified later or in case of no-show, the total price of the reservation will be charged.
2.2 Unless otherwise agreed, the Rental Agents will issue to the client or guest one set of keys to the property. If at any time the client or guest loses the keys, they must notify us as soon as possible and we will instruct a locksmith to change the lock/key(s) and charge the Guest the cost of the replacement locks.
2.3 Although the Property hasn't been child proofed it is suitable for toddlers and children under 12 only when they are supervised at all times by their parent / guardian.
This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent. This Agreement shall be governed by the laws of New Zealand. The words “Rental Agent” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. Nothing in this agreement or any assumed agreement between the parties shall be construed as creating a tenancy (assured shorthold or otherwise) and at all times the Guest is renting the property pursuant to a licence to occupy granted by the Rental Agent.