Waiheke Island


Short Term Rental Terms

1. Terms of the Agreement
1. These terms apply when the owner of Palm Beach Bungalows offers to rent the property (“the Bungalow”) to a renter (the “guest”). Under this Agreement, the guest agrees to rent the Bungalow from the owner and the owner agrees to rent the Bungalow to the guest on the terms of this agreement (the “Agreement”).

2. Bookings/Deposits/Cancellation of Bookings
2.1 A booking is made when a guest contacts the owner of Palm Beach Bungalows, the owner and guest agree to rent the Bungalow for the term for a price (the “rental”), and the guest pays a deposit. Confirmation of a booking will be provided to the guest once the deposit has been received by the owner.
2.2 At the time of booking the owner may set out terms and conditions in addition to those in this Agreement (“additional terms”) which may include, without limitation, terms relating to pets, tents, the number of people permitted to occupy the Bungalow, and additional fees or costs which apply to the booking. The guest agrees to comply with the additional terms, including any terms set out in the site listing for the Bungalow, as if they were set out in this Agreement.
2.3 Subject to the cancellation provisions of this Agreement, once a booking is confirmed in writing by the owner the guest is liable for the balance of the rental together with any extra costs or fees set out in the additional terms.
2.4 The guest must, to confirm a booking, pay the owner a deposit equal to either:
a. 50% of the total rental of the Bungalow, or
b. 100% of the rental for the Bungalow if the booking request is made within 10 days of the proposed date of commencement of the term, or
c. such other amount that the owner determines and advises the guest in writing.
2.5 A deposit, if less than the full amount of the rental, is in part payment of the full amount of rental that is due for renting the Bungalow for the term.
Payment of Rental
2.6 50% of the rental is to be paid by the guest at the time of booking if the booking is made more than 10 days ahead of the term.
2.7 The balance of the rental, if any, is payable by the guest 10 days prior to the rental period.

Amendments and Cancellations

2.8 Any cancellation or amendment must be in writing.
2.9 The owner may refuse to amend a booking once it has been confirmed in writing and any amendment or transfer of deposit to another booking will be at the sole discretion of the owner.
2.10 The owner may cancel a booking by notice in writing if the guest fails to make any payment due under this Agreement when that payment is due.
2.11 If a guest cancels this Agreement more than 10 days prior to the commencement of the term the deposit shall be forfeited by the guest. The balance of the rental will not be payable.
2.12 If the renter cancels this Agreement fewer than 10 days prior to the commencement of the term the rental will remain payable by the renter.
2.14 If, however, the owner is able to replace the booking with other guests, a refund of the deposit less a 10% administration fee will be offered. This is at the sole discretion of the owner.
2.13 If the owner cancels this Agreement at any time prior to the commencement of the term the owner will refund the renter any money paid prior to cancellation.

3. Damage and Bond

3.1 The guest is responsible to the owner for all breakage, damage and destruction to any property, direct and indirect costs, fines incurred, charges from third parties arising, and damage caused to the Bungalow (including any contents) during the term. The guest agrees to indemnify the owner against any losses or damages suffered by the owner as a consequence of the guest’s breach of its obligations under clause 3.1 and to immediately, on demand, reimburse the owner for all such costs.
3.2 If the term is more than 14 days the owner may request a bond of $500.00 from the guest, to be held by the owner on trust until the end of the term. If a bond is held by the owner it shall not limit any liability of the guest under paragraph 3.1 above.

3.3 The guest is responsible to leave the property in a tidy and reasonably clean condition, with all furniture returned to its original position.  If this is not done, an additional cleaning charge may be incurred.  An automatic cleaning surcharge of $100 applies if body fluids, including but not limited to vomit and excrement, are required to be cleaned from the property after occupation.

4. Occupation of the Bungalow

4.1 The guest must not permit more people to occupy the Bungalow than the number stipulated by the owner in the booking confirmation or in the advertisement on the site.
4.2 The guest must not permit smoking in the Bungalow nor within the boundaries of the property.
4.3 The owner may enter the property and the Bungalow at any time to inspect the property and Bungalow provided the owner gives the guest not less than 2 hours’ notice. Such notice shall be provided by phone and in writing.
4.4 The Bungalow will be available for occupation from 3.00 p.m. on the day of arrival and must be vacated by 10.00 a.m. on the day of departure. The arrival and departure times may be varied by agreement between the owner and the guest in writing.
4.5 The owner must be provided with 48 hours’ notice of the requested arrival time of the guest so the owner may make arrangements in respect of access to the Bungalow.
4.5 The owner accepts no responsibility for any loss, or damage, to any of the guest’s personal belongings at the Bungalow.

5. Additional Facilities Available at Palm Beach Bungalows

5.1 If any additional facilities provided by the owner are used by the guest or their guests, all parties use those additional facilities at their sole risk.

6. Limitation of Liability

6.1 The parties’ liability in respect of this Agreement shall be limited to the value of the rental and other associated charges agreed at the time of booking. In no circumstances will the owner be liable for any consequential damages of any nature, however arising and regardless of whether the owner has been notified of the risk of them.
6.2 The guest’s limitation of liability under clause 6.1 shall not apply to liability arising under clause 3.1 or clause 9 of this Agreement.

7. Complaints

7.1 If the guest is not entirely satisfied with the Bungalow they must immediately contact the owner.
7.2 In the unlikely event that a complaint of the guest is not addressed by the owner during the term, the renter may make their complaint, in writing, within 14 days after the end of the term.

8. Arbitration

8.1 Should any dispute arise between the owner and the guest which cannot be resolved by discussion between the parties, the matter shall be referred to an arbitrator agreed between the parties, or failing agreement, to an arbitrator appointed by the President at the time of the Arbitrators and Mediators Institute of New Zealand. Any such arbitration is to be carried out in accordance with the provisions of the Arbitration Act 1996 and all decisions will final and binding.

9. Insurance

9.1 The guest undertakes that it will not do, permit to be done, or omit to do, any action that does or may invalidate or adversely affect any insurance policy held by the owner in respect of the Bungalow and/or its contents.
9.2 The guest agrees to indemnify the owner against any losses or damages suffered by the owner as a consequence of the guest’s breach of its obligations under clause 9.1.

10. Privacy Act 1993

10.1 Information collected by the owner about the guest is used by the owner to determine the credit worthiness of the guest, to operate Palm Beach Bungalows as a business, and to carry out the owner’s obligations under this agreement. The guest authorises the owner to exchange such information with third parties, including (without limitation) its agents used to manage Palm Beach Bungalows, credit and debt collection agencies, accountants and lawyers. The guest understands that if the guest defaults on any payment under this Agreement, that default may be listed with a credit and/or debt collection agency. Any information provided to a credit and/or debt collection agency may be made available by that agency to other users of that agency’s services.
11. Consumer Guarantees Act 1993
11.1 If the Bungalow is being used by the guest for business purposes as that term is defined in the Consumer Guarantees Act 1993 then pursuant to the provisions of the Act the terms and guarantees of the Act do not apply to this transaction.
12. Residential Tenancies Act 1986
12.1 The owner and the guest agree that the term shall not exceed 120 days and this Agreement is not subject to the Residential Tenancies Act 1986.
13. Force Majeure
13.1 Neither party shall be liable to the other where such liability arises through a circumstance entirely outside the control of that party.
14. Contracts (Privity) Act
14.1 This Agreement confers rights on GJB Investments Ltd (owners of Palm Beach Bungalows) and is, for the purposes of the Contracts (Privity) Act 1982, for the benefit of and may be enforced by GJB Investments Ltd, any nominee, assignee or subsequent purchaser of the assets of GJB Investments Ltd.