Terms & Conditions of Stay
1.1 We provide a property letting service whereby we let private residential properties in and around Queenstown on behalf of our clients to members of the public for the purposes of Holiday Accommodation;
1.2 Your letting of any Property through our property letting service is subject to these Terms and Conditions of Stay. Please read our terms carefully as, unless we are immediately contacted, you will be deemed to accept the terms and conditions contained in this document.
2.1 In these terms and conditions, unless the context otherwise requires:
“Default Interest Rate” means the rate of 8% per annum above our main trading banks commercial lending rates as at the close of business on the date the invoice became due and is to be calculated daily;
“guest(s)” means all people staying at the Property including you and any other visitors to the Property;
“Guest Information Compendium” means a summary description of the Property, any furniture, fittings, chattels located at the Property during your Reservation period, the services provided by us during your Reservation period, appliance operation instructions, the emergency evacuation procedure and the Body Corporate Rules (if any);
“Property” means any property used by you for the purpose of Holiday Accommodation in accordance with your Reservation;
“Rental Fee” means the total tariff payable by you for your use of the Property for the period of time specified by you;
“Reservation” means your arrangements with us to secure in advance your use of the Property for a period of time. For the avoidance of doubt, the date of the Reservation is the date we provide you with written confirmation of your Reservation;
“Reservation Deposit” means a one off non-refundable payment of $250.00;
“Security Bond” means the amount of $500.00;
“Holiday Accommodation” means the use of land or buildings for short term, fee paying, living accommodation where a length of stay for any guest is less than three months as defined in the Queenstown Lakes District Council District Plan;
“you” means any person using a Property for Holiday Accommodation purposes, any person who makes a Reservation for use of a Property for Holiday Accommodation purposes and anyone associated with any person using or who makes a reservation for use of a Property for Visitor Accommodation purposes;
“we/us/our” means Fisken & Associates Limited, trading as Professionals Queenstown.
3. Reservations and Payment
3.2 All Reservations are subject to us confirming the availability of the Property for your requested Reservation period;
3.3 You must be at least 25 years of age to make a Reservation with us;
3.4 When making a Reservation, the minimum information we require from you is:
(a) Your full name and the full names of any guests;
(b) Your residential home address (not a PO Box);
(c) Your phone number;
(d) Email address;
(e) Your credit card details for the purposes of the Security Bond referred to at clause 5; and
(f) Identification to prove your age, identity and address such as a passport and utility bill.
3.5 We reserve the right to require the provision of further information and to refuse any Reservation without providing you with an explanation as to our reasons;
3.6 In order to secure your Reservation, you must pay the Reservation Deposit to us within five working days of making the Reservation;
3.7 Any Reservation Deposit paid will be deducted from the balance Rental Fee for your Reservation;
3.8 Following our receipt of the Reservation Deposit we will confirm your Reservation to you in writing;
3.9 If the Reservation Deposit is not received by us in full within five working days of the date you make your Reservation, we reserve the right to cancel your Reservation without providing you with prior notice;
3.10 The Rental Fee in relation to any Reservation must be paid to us in full at least 30 days prior to your expected check-in date for a Reservation;
3.11 If the Rental Fee is not paid at least 30 days prior to your expected check-in date, we reserve the right to cancel your Reservation without refunding your Reservation Deposit and/or refuse you entry to the property until the Rental Fee is paid in full;
3.12 If you make a Reservation whereby the expected check-in date is within 30 days of the date you make the Reservation, you must pay the Rental Fee within five working days of making the Reservation otherwise we reserve the right to cancel your Reservation without refunding your Reservation Deposit and/or refuse you entry to the Property until the Rental Fee is paid in full;
3.13 If we cancel your Reservation due to non-payment of the Rental Fee within the specified time frame, we are not required to provide you with notice of the cancellation or provide you with an alternative property;
3.14 The Rental Fee and Reservation Deposit are inclusive of GST (if any);
3.15 We reserve the right to change the Rental Fee and/or the Reservation Deposit on our website or any other form of advertising carried out by us prior to our confirmation of your Reservation without providing prior notice to you;
3.16 We accept the following forms of payment:
(a) Credit cards: If you prefer to make payment via credit card, it must be by either Visa or MasterCard. A 2.63% credit card surcharge will be added to all payments made by credit card;
(b) Electronic transfer: If you prefer to make payment by electronic transfer, we will supply you with bank account details when you make a Reservation. A banking fee of $25.00 per transaction will apply for international transfers. You will need to add the banking fee to any amounts being transferred otherwise you will be invoiced following our receipt of the payment;
3.17 All credit card details will be held securely by us for the duration of the Reservation and will be destroyed 14 days after the end of the Reservation period;
3.18 If you require any changes to your Reservation, we will use our reasonable endeavours to accommodate such changes. However, this is subject to any other reservations we may have and availability of the Property and/or other Properties. We reserve the right to refuse any requested changes if changes cannot be reasonably accommodated by us in which case we are not obliged to refund your Rental Fee and/or Rental Deposit. An administration fee of $50.00 may apply to changes to your Reservation;
3.19 No refunds are available if you do not stay at the Property for the full Reservation period;
3.20 We reserve the right to charge you an additional fee if you accommodate more people at the Property than advertised or as otherwise agreed by us in writing;
3.21 If you require urgent assistance from us during your Reservation period, we reserve the right to charge you for such assistance at a rate of $55.00 per hour.
4. Check-in and Check-out
4.1 The check-in time for your Reservation is 3:00pm;
4.2 The check-out time for your Reservation is 10:00am;
4.4 If you check-out after 10:00am without prior agreement with us, you will incur an additional charge of $100.00.
5. Security Bond
5.1 We may request that you pay a Security Bond at the time of Reservation;
5.2 If we do not request the Security Bond at the time of Reservation and your preferred method of payment as per clause 3.16 above is credit card, you hereby authorise us to deduct the Security Bond from your credit card to cover incidental costs as noted in clause 5.4 below;
5.3 If your preferred method of payment as per clause 3.16 above is electronic transfer and we did not request you pay the Security Bond at the time of Reservation, we may invoice you to cover incidental costs noted in clause 5.4 below which you agree to pay in accordance with clause 16 of these terms and conditions;
5.4 The following are examples of costs, expenses and charges that may be deducted from the Security Bond (but this list is not exhaustive):
(a) Telephone and internet charges;
(b) Breakages, damages and/or repairs;
(c) Cleaning charges to remove stains and odours and generally clean the property if it is left in what we determine to be an unacceptable state;
(d) Costs of emergency services being called to the Property;
(e) Additional time spent by us to ensure the property is left in the same condition as it was prior to your Reservation, is charged at an hour rate of $55.00 including GST.
5.5 We will inspect the Property following your Reservation to identify any costs, expenses and charges as referred to in clause 5.4 above, that need to be deducted from the Security Bond and will advise you of any such costs, expenses and charges within 14 days of the end of your Reservation period;
5.6 If the costs, expenses and charges referred to in clause 5.5 above are in excess of the Security Bond we will invoice you, in which case you hereby agree to pay such invoice in accordance with clause 16 below. If you have not paid a Security Bond we will deduct all such costs, expenses and charges (including those in excess of the Security Bond) in accordance with clauses 5.2 and 5.3 above.
6. Electronic Communication
6.1 We may communicate with you by electronic means from time to time, which may be subject to interference or contain viruses or other problems;
6.2 We have up-to-date anti-virus software installed on our computers therefore it is your responsibly to scan all incoming information from us or our website for interference and viruses or other problems with your own anti-virus software.
7. Your Use of the Property and Acknowledgements
7.1 You acknowledge and agree that:
(a) You are over 25 years of age;
(b) You will assume all responsibility for all guests at the Property during the period of the Reservation including, but not limited to, responsibility for the actions, omissions and general behaviour of such guests;
(c) The Property is a private residential property and that you and your guests will treat the property with respect and care;
(d) You and your guests will take care of the Property and act responsibly;
(e) You and your guests will not allow any parties at the Property, will use the Property for quiet enjoyment and not behave in a way to unduly disturb neighbours or passers by;
(f) You and your guests will abide by all laws of New Zealand and all Queenstown Lakes District Council by-laws and regulations during the period of the Reservation;
(g) You and your guests will comply with all Body Corporate Rules (if any) noted in the Guest Information Compendium;
(h) You will limit the number of people staying at the Property at all times to that number agreed upon with us. You further acknowledge that any deviation from this may result in additional charges as noted in clause 3.20 above;
(i) All information you have provided to us is true and correct to the best of your knowledge, is not deceptive or likely to deceive and that you will advise us if any of the information changes;
(j) The Property has been primarily established for the owner’s personal use and therefore may not contain all features expected by you and your guests;
(k) You and your guests will leave the Property in a clean and tidy condition at the end of the Reservation period;
(l) You and your guests will not use the Property for business activities or commercial purposes without our prior written approval;
(m) You and your guests will not allow any illegal activity to occur at the Property including, but not limited to the use and/or manufacture of drugs;
(n) If any illegal activity is detected by us we will immediately report such activity to the police and charge you for the costs of remedying any damage caused by such activity;
(o) You and your guests will report any damage or loss caused to the Property to us immediately and acknowledge that additional cleaning, repair or replacements costs may be incurred to restore the Property to the condition it was prior to your Reservation. These costs may incur include charges for our time and loss of income.
8. Smoking Policy
8.1 We operate a no smoking policy and therefore smoking is not permitted at the Property at any time;
8.2 You will be charged for any additional cleaning required to remove smoke odours and any other costs required to remedy damage caused by smoking at the Property, including loss of income.
9. Internet and Telecommunications
9.1 In some circumstances, you may have access to internet and telecommunications at the Property;
9.2 If we determine, in our sole discretion, that there has been excessive internet or telecommunication use at the Property during your Reservation, you may be charged for such use. We will assess whether the use is excessive based on the pro-rata plan charges for the Property during your Reservation period and invoice you in accordance with clause 16 within 14 days of the end of your Reservation Period;
9.3 Under New Zealand Copyright Law the rights holders (owners) of movies, TV shows, and music can now send fines of up to $15,000 to the owner of the Property as the internet account owner, if their copyrights are infringed. If you infringe any rights holders copyright during the period of your Reservation and the owner of the Property is fined, any such fine will be on charged to you.
10. Our Responsibilities and Acknowledgements
10.1 We acknowledge and agree that:
(a) The Property will be in a condition similar to that noted in the Guest Information Compendium at the beginning of your Reservation period. However, as we do not own the Property we cannot guarantee that the owner has not made changes to the Property or that there are no building defects that have not been noted on the Guest Information Compendium. We will use our reasonable endeavours to advise you of any significant deviations form the Guest Information Compendium;
(b) The Property will be clean and fully serviced at the beginning of each Reservation period;
(c) We will be available to you during all normal business hours and will provide you with emergency after hours contact details on the Guest Information Compendium;
(d) We will clean and service the Property following the Reservation. However, we expect you to leave the Property in a reasonably clean and tidy condition at the end of the Reservation period.
11. Accident and Injury
11.1 You must report any minor accident or injury to you or your guests at the Property to us as soon as practicable;
11.2 You must report any significant or serious accident or injury to you or your guests at the Property immediately.
12. Children and Pets
12.1 Although we welcome children of all ages, some properties may not be suitable for children or children of particular ages for varying reasons;
12.2 If the Property is not suitable for children or children of particular ages, we will discuss this with you and, if available, suggest a more suitable property for you and your children;
12.3 If we determine that the Property is not suitable for you and your children, we reserve the right to refuse your Reservation;
12.4 We require all children, regardless of age, to be supervised by a responsible adult to ensure the Property and its contents are not damaged, to ensure the children’s safety is not compromised and to ensure the neighbours are not unreasonably disturbed;
12.5 Specialised child care equipment, such as porta-cots and high chairs, are available for hire. Please contact us to discuss your requirements, availability and costs;
12.6 Pets are not permitted at the Property unless our prior written consent is obtained.
13. Booking Agent
13.1 If you instruct us to act for you as a booking agent to book activities on your behalf, we take no liability in relation to any activity booked by us;
13.2 Prior to our booking of any activities on your behalf, we must be in receipt of all funds required to make said booking and if we become liable for any additional payments in relation to any booking (including cancellation fees, bank fees etc), these will be invoiced to you for payment in accordance with clause 16 below;
13.3 You and your guests acknowledge that if you instruct us to book any activity on your behalf, the activity provider may have terms and conditions in place relating to that specific activity (regarding payment, cancellation, age restrictions etc). If you would like to review said terms and conditions prior to our booking of the activity, you must either discuss that with us prior to instructing us to book the activity or contact the activity provider directly. You and your guests agree that you will in no way hold us liable if your expectations are not met in relation to the activity itself or as a result of the contents of the terms and conditions for that activity.
14. Termination of Stay
14.1 We reserve the right to terminate your Reservation if, in our sole opinion, we determine the behaviour of you or your guests is unreasonable, damaging or causes unreasonable nuisance to neighbours, passers by or any other person;
14.2 If we decide to terminate the Reservation pursuant to clause 14.1 above, you and your guests agree to leave the Property immediately and acknowledge you and your guests are not entitled to a partial or full refund of the Rental Fee for the remainder of the Reservation period.
15.1 If you wish to cancel your Reservation, you must provide us with notice in writing;
15.2 If we receive your notice in writing as per clause 15.1 above at least 30 days prior to your check-in date, you will receive a refund of the Rental Fee (excluding the Reservation Bond) and Security Bond. Please note that in no circumstances will you receive a refund of the Reservation Bond;
15.3 If we receive your notice in writing as per clause 15.1 above within 30 days of your check-in date, you will not receive a refund of the Rental Fee (if paid) or your Reservation Bond. If paid, you will receive a refund of the Security Bond;
15.4 Please note that any refunds do not include any credit card surcharges and may also incur an additional $100.00 administration fee;
15.5 We recommend you obtain travel insurance to cover any unforeseen circumstances which may cause you to cancel a Reservation;
15.6 We reserve the right to cancel a Reservation without notice if the Property becomes unavailable due to circumstances beyond our control such as (but not limited to) safety, maintenance, damage, force majeure, legal issues, non-payment of the Reservation Deposit or Rental Fee or the sale of the Property;
15.7 If we cancel your Reservation in accordance with clause 15.6 above, we are not obliged to make an alternative property available for you. However, if we do make arrangements for an alternative property, a different Rental Fee may apply, in which case, a new Reservation will be need to be made;
15.8 We accept no liability for any damages or costs incurred by you due to our cancellation of a Reservation in accordance with clause 15.6 above.
16. Overdue Accounts
16.1 If you incur any charges pursuant to these terms and conditions (other than those already paid by you or charged to your credit card with your agreement) we will endeavour to invoice you within 14 days of the end of the Reservation period;
16.2 All invoices must be paid within 7 days of the invoice being issued;
16.3 Any invoice that is not paid by you within 7 days of its issue will incur interest at the Default Interest Rate and may become the subject of Debt Recovery proceedings;
16.4 In the event that we are required to instruct a solicitor or agent to pursue Debt Recovery proceedings in accordance with clause 16.3 above, you will be liable for the costs;
17. Suggestions, Concerns and Complaints;
18. Governing Laws
18.1 The terms and conditions contained in this document and any terms and conditions drafted in addition to or in replacement of the terms and conditions contained in this document are governed by the laws of New Zealand.
19. Entire Agreement
19.1 The Terms and Condition of Stay set out the parties’ entire agreement on its subject matter and replaces all earlier agreements and negotiations in connection with it.
20.1 In the event that these terms and conditions are agreed to by a person or entity purporting to be an agent of you, that agent shall at all times be liable and bound by the law expressed and implied terms contained in these terms and conditions as if he/she/it was the principal party.
21.1 You acknowledge that in the course of our business, we may obtain account and other personal information about you;
21.2 You agree that we may use your personal account details and other information to assist us with the provision of our property letting service, for internal research purposes, to verify your identity, to protect the rights, property or safety of our business, our users or others for promoting and marketing other services to you and for any other use that you authorise.
22. No Variation
22.1 No amendment or waiver of any provision of these terms and conditions or consent to any departure from it will be effective unless the parties agree in writing. An amendment, waiver or consent will be effective only in the specific instance to which it relates and for the purpose and to the extent for which it is made or given.
23. Force Majeure
23.1 We will not be liable to you for any failure or delay in the performance of any of our obligations under these terms and conditions, including but not limited to unavailability of a property or the failure of the services of our website, if that failure of delay arises from a cause that is beyond our reasonable control.
24. Limitation and Liability
24.1 You acknowledge that you and your guests will not hold us liable for any loss of any kind whatsoever arising from any breach by us of these terms and conditions or from any negligence, misrepresentation or other act or omission on our part;
24.2 You acknowledge that the Property is not owned by us and that we are sometimes limited in our ability to control the condition of the Property and we therefore accept no liability in relation to this;
25. You acknowledge that the Consumer Guarantees Act 1993 has no application to these terms and conditions and your Reservation.
26.1 You and your guests hereby indemnify us and our officers, employees and agents against all costs, claims, losses, liabilities, damages and expenses incurred as a result of any act, omission or breach of these terms and conditions by you, your officers, employees, agents or guests and as a result of your use of the Property.
27. Dispute Resolution
27.1 Any dispute arising between the parties about:
(a) The interpretation of these terms and conditions; or
(b) Anything contained in or arising out of these terms and conditions;
Will be first referred to mediation and if the parties cannot resolve the dispute then referred to the arbitration of a single arbitrator under the Arbitration Act 1996;
27.2 The parties must try to agree on the arbitrator. If they cannot agree, the President of the New Zealand Law Society (or his or her nominee) will, on either party’s application, nominate the arbitrator;
27.3 The parties must go to arbitration under this section before they can begin any action at law (other than an application for injunctive relief);
27.4 We will endeavour to resolve any dispute between you and itself in good faith and without the need for Court proceedings. Any such attempt it without legal prejudice.
28.1 Any notice or document required or authorised to be delivered or served in accordance with these terms and conditions may be delivered or served:
(a) in a manner prescribed in Part 7 of the Property Law Act 2007 for the type of notice being served; or
(b) by facsimile.
28.2 Any notice or other document will be treated as delivered or served and received by the other party:
(a) on personal delivery;
(b) three days after being posted by prepaid registered post; or
(c) on completion of an error-free transmission, when sent by facsimile.
28.3 Any notice or document to be delivered or served under these terms and conditions must be in writing and may be signed by:
(a) any attorney, officer, employee or solicitor for the party serving or giving the notice; or
(b) the party serving the notice or any other person authorised by that party.