Bachcare Booking Terms and Conditions
For Bookings made prior to 14 June 2022, please contact [email protected] for a copy of your terms and conditions.
1.1 By making a booking request (Booking) through us (Bachcare Limited), whether through the Website or by email or telephone, for use of a holiday home featured on the Website (Property), you agree to be bound by these terms and conditions (Booking Terms), our Privacy and Review Policies and any other policy that we may bring to your attention (if any) at the time you make the Booking.
2. Rental Contract and Booking Contract
2.1 Two contracts: When you make a Booking you are entering into two legally binding contracts at the same time:
2.1.1 Booking Contract: You are entering into a contract directly with us for the services we provide to you to allow you to make a Booking (Booking Services) and for other services we may offer to you, such as linen and cleaning (Bachcare Services).
2.1.2 The terms of the Booking Contract are:
- these Booking Terms;
- any details, conditions and restrictions notified to you during the Booking process; and
- the charges payable by you to us for the Booking Services (Booking Fee), the Bachcare Services (Bachcare Service Charges) and any additional charges incurred by you (which we will bring to your attention before they are incurred) (Additional Charges).
2.1.3 Rental Contract: We arrange a Booking with you as agent for an owner of a Property (Owner). That means that when you book a Property through us, you are entering into a contract directly with the Owner for the use of the Property and any related services (Rental Services). We do not own any of the Properties and are not a party to the Rental Contract (although we act on behalf of the Owner as the Owner's agent, including when collecting amounts owed by you to the Owner) and it is the Owner (not us) who supplies you with the Rental Services. The Rental Contract gives you a temporary license to occupy the Property. The terms of the Rental Contract are:
- these Booking Terms;
- the dates (and time periods) for a Booking during which you will be entitled to use the Property (Holiday Period);
- any details, conditions and restrictions notified to you during the Booking process, such as maximum number of people (Booking Details); and
- the charges payable by you to the Owner (which we collect on behalf of the Owner) (Rental Charges).
2.2 Services for personal use only: Booking Services, Bachcare Services, and Rental Services are available for your personal, private and non-commercial use only. You may not offer for resale any Booking Services, Bachcare Services, and Rental Services without our express written permission (on our own behalf or as agent for the Owner, as applicable).
3. Making Your Booking
3.1 Eligibility: To be eligible to make a Booking:
3.1.1 you must be 18 years of age or over and have the legal capacity to enter into legally binding agreements;
3.1.2 you must register with us on the Website or by telephone by providing your full name, telephone number, email address and any other information that we may request in order to process your registration; and
3.1.3 you must provide a valid payment option of a type accepted by us.
3.2 Confirming the Booking: By submitting a Booking to us you are making an offer to enter into a Booking Contract with us, and a Rental Contact with the relevant Owner. Provided we have successfully processed all payments required at the time of Booking and the Property is available for the Holiday Period, we will send you an email confirming the Booking together with a link to these Booking Terms and other details relating to the Booking (Booking Confirmation). Please let us know promptly about any change to your email address.
3.3 When contracts are formed: When we send the Booking Confirmation, we are accepting your offer to enter into the Booking Contract and (as the Owner's agent) the Rental Contact with the Owner. It is at this point that you enter into the legally binding Rental Contract with the Owner and the legally binding Booking Contract with us.
3.4 Your responsibility to check the Booking Confirmation: Please check all the details in the Booking Confirmation promptly after receiving the Booking Confirmation and notify us within 24 hours of receipt of the Booking Confirmation if you think there are any errors with the Booking. If we do not hear from you within 24 hours of sending the Booking Confirmation, we will take it to mean you are happy with the Booking Confirmation. Where you contact us (Contact Details) about an error or mistake in a Booking Confirmation within 24 hours of sending the Booking Confirmation:
3.4.1 If the error was yours, we may be able to amend the Booking but you could incur Additional Charges (see paragraph 10).
3.4.2 If the error was ours we will correct and reissue the Booking Confirmation. You will not incur any Additional Charges for this.
4. Restrictions On Holiday Periods and Number of Guests
4.1 Maximum Holiday Periods: The maximum holiday period for any Booking is generally 28 consecutive days, and is always subject to availability of the particular Property. However, certain Properties may have shorter maximum Holiday Periods.
4.2 Minimum Holiday Periods: Certain Properties have specific minimum holiday periods for Bookings.
4.3 Maximum Persons and Adults: Each Property has specific maximum number of persons who may stay at the Property. This will be clearly stated in the relevant Property listing. Unless we agree otherwise in writing on the Owner's behalf, no more than the maximum number of people specified on the Property listing may stay at the Property, regardless of the number of beds available at the Property. A Property may also have a maximum number of adults who may stay at the Property which will be clearly stated in the relevant Property listing. When a Property allows a maximum number of persons greater than the maximum number of adults, additional persons (up to the maximum number) can only be children 12 years old or under.
5. Charges and Payment
5.1 Taking payments at the time of Booking: All Booking Fees, Bachcare Service Charges, and Rental Charges (along with Additional Charges incurred at the time of Booking) in relation to a Booking (Total Charges) will be clearly identified during the Booking process along with when such payments are due. We will process payments due at the time of Booking from your chosen payment method once you have entered or otherwise provided your payment details and confirmed you wish to pay for the Booking.
5.2 Taking payments after you receive the Booking Confirmation: For amounts due after we send the Booking Confirmation we will notify you when they are due and you will be responsible for paying them within the timeframes that we specify. In relation to such amounts:
5.2.1 we will automatically take payment using your confirmed payment method; or
5.2.2 if your confirmed payment method that you authorised us to take payment from has expired or cannot be used by us, or you didn't authorise us to take further payment, you will need to make these payments either by using the payment feature within your account on the Website or by providing us with a valid payment method by telephone (Contact Details).
5.3 Payments for loss, cost or damage: Where you are liable to us, or any Owner, for any loss, cost or damage under the Booking Contract, the Rental Contract or these Booking Terms, you authorise us to take payment (on our own behalf or as agent for the Owner, as applicable) of such amounts using any payment method you have provided us. If any such payment method has expired or cannot be used by us, when we notify you of this you must immediately pay such amounts either by using the payment feature within your account on the Website or by providing us with a valid payment method by telephone (Contact Details).
5.4 Pricing errors found before a Booking Confirmation: We try our best to ensure that the charges stated on each Property listing are correct at the time when you submit relevant information onto our systems. However, it is always possible that, despite our efforts, some of the charges on Property listings may be incorrect. Where we become aware that:
5.4.1 the actual Total Charges are less than those quoted to you at the time you made the Booking, we will charge the lower amount when providing you with the Booking Confirmation; and
5.4.2 the actual Total Charges are higher than those quoted to you at the time you made the Booking, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to book the Property at the correct (higher) charges or cancelling the Booking. We will not process the Booking or issue the Booking Confirmation until we have your instructions. If we are unable to contact you within a reasonable time using the contact details you provided during the Booking process, we will treat the Booking as cancelled by you, refund any amounts you have paid us, and notify you in writing.
5.5 Pricing errors found after a Booking Confirmation: If we send a Booking Confirmation where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the Booking and refund you any sums you have paid to us (on our own behalf or as agent for the Owner, as applicable).
5.6 If you think the amounts due are wrong: If you think any amounts we notify you as due are wrong, please contact us promptly (Contact Details) to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on any amount that you should have been paid and did not from the original due date for payment until actually paid.
5.7 Interest for non-payment or late payment: If you do not make any payment to us by the date that payment is due we and/or an Owner may charge interest to you on the overdue amount at the rate of 4% a year above the Westpac New Zealand Limited 90-day bank bill rate from time to time (but at 4% a year for any period when that base rate is below 0%). This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount.
5.8 Bonds: A bond may be charged in relation to any Booking. This will be clearly stated in the relevant Property listing and/or during the Booking process. The terms and conditions applying to any bond will be brought to your attention during the Booking process and will form part of the Booking Details applying to your Booking.
6. Gift Vouchers
6.1 Denominations: Gift vouchers are available in denominations of $25 and can be used to pay for Bookings in part or in full. Where the cost of a Booking is less than the value of the gift voucher, the remaining balance of the gift voucher remains valid and can be used for future Bookings (though it must be used before the voucher's validity period expires). No cash refunds will be given.
6.2 Redeeming gift vouchers: A gift voucher can be redeemed when making a Booking on the Website or by telephone by providing us with the unique code that appears on the gift voucher. Where a gift voucher has been partially redeemed on the Website and there is remaining credit, that remaining credit can be redeemed only by telephone.
6.3 Validity period of gift vouchers: Gift vouchers are valid for a period of 2 years from the date of purchase and can only be used for a Booking with a Holiday Period that starts before the voucher's validity period expires. Any remaining balance on a gift voucher may no longer be used after expiry of its validity period.
6.4 Bookings subsequently cancelled purchased with a gift voucher: If a Booking is purchased with a gift voucher and that Booking is subsequently cancelled, any refunded amount will be credited to the gift voucher, but the original expiry date of the gift voucher remains the same.
6.5 Limits on use of gift vouchers: Gift vouchers cannot be exchanged for cash, replaced if lost or damaged and are non-refundable. We do not permit you or any third party to sell or trade our gift vouchers unless we have given you our written permission to do so.
7. Your Responsibilities
7.1 Information you provide: You must make sure that all the information you provide in connection with the Booking, including all Booking Details, are true, accurate, current and complete.
7.2 Your responsibility for transactions made under your name or account: You accept responsibility for all transactions made under your name or account.
7.3 Your promises to us and to Owners: You promise to us and to each Owner (as applicable) that, unless we (as agent for the Owner) have agreed otherwise in writing, during the Holiday Period:
7.3.1 the number of people, adults and pets occupying the Property will not exceed the number for each stated in the Booking Confirmation;
7.3.2 you will not:
- allow any person other than you and your guests to use the facilities and amenities of the Property;
- arrange for additional visitors to come to the Property or hold events (such as parties, celebrations or meetings) at the Property;
- cut keys or clone remote controls for the Property;
- do anything that could invalidate the insurance policy for the Property;
- leave a fireplace, heater, element or oven unattended;
- sleep in beds without sheets;
- move or rearrange any furniture; or
- allow any person to smoke on the Property unless the relevant Property listing specifically permits smoking;
7.3.3 the Property will be used solely for the purpose of private accommodation for you and your guests and will not be used for any commercial or business purpose;
7.3.4 you will provide sufficient towels, top sheets and bottom sheets, tea towels, bath towels, hand towels, face cloths etc., unless we have agreed to provide them as part of Bachcare Services or they are included in the nightly rate as indicated on the Property listing;
7.3.5 you will show all due consideration and respect for the Owner, their representatives, neighbours and other persons or parties that have a connection with the Property. This includes not participating in any illegal, dangerous, offensive, inappropriate, violent, or anti-social behaviour;
7.3.6 you will use the Property and Rental Services lawfully and comply with all applicable laws and will comply with any health and safety or other policies or instructions notified to you by us or the Owner;
7.3.7 you will allow the Owner or any representative of the Owner (including any tradespeople) to access the Property at any reasonable time provided the Owner (or us acting on the Owner's behalf) provides you with reasonable advance notice (except where access is required due to an emergency, for example, if repairs need to be carried out or we or the Owner become aware, or have a reasonable suspicion, that you have breached, or will breach, the Rental Agreement);
7.3.8 you will keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the start of the Holiday Period and you will ensure that at the end of your Holiday Period the Property is left in the same state of order and cleanliness in which it was found. We or the Owner (or us acting on the Owner's behalf) may charge you for any additional, reasonable charges for professional cleaning after the end of your Holiday Period where you have failed to comply with this paragraph 7.3.8;
7.3.9 you will not abuse or damage any facilities provided as part of the Rental Services and report as soon as possible to us (as the Owner's agent) any breakages or damage caused by you or your guests. Without affecting any other remedies that the Owner has under the Rental Contract, you promise to fully reimburse the Owner for the cost of replacement or repair for such breakages or damage;
7.3.10 you will arrive at the Property no earlier than the time confirmed in the Booking Confirmation on the first day of your Holiday Period and you will vacate the Property by no later than the time confirmed in the Booking Confirmation on the last day of your Holiday Period.
7.3.11 you will provide us with any information that is reasonably requested from you or your guests; and
7.3.12 you will keep the location of all keys/access cards for the Property confidential and return all of them and other access mechanisms at the end of your Holiday Period to the location specified in the Booking Confirmation or as we may otherwise advise you.
7.4 Your responsibility for guests: You must ensure that all your guests comply with all obligations and restrictions in relation to the Property. You must be present and onsite at the property throughout the stay, unless agreed in writing by us (on behalf of the Owner). Even if you are not at the Property at any time during the Holiday Period, you will still be responsible for all your obligations under these Booking Terms, the Booking Contract and the Rental Contract as well as for the guests staying at the Property and the things they do (and do not do).
8. Owners' Responsibilities
8.1 Owners' responsibilities: The Owner will:
8.1.1 perform the Rental Services using reasonable care and skill and in compliance with all applicable laws;
8.1.2 subject to all other terms of the Rental Agreement, ensure that you and your guests have exclusive access to the Property and Rental Services for the full period of the Holiday Period;
8.1.3 ensure that the Property is properly maintained and complies with all applicable laws and regulations, in particular, relating to fire, health, safety, utilities and planning;
8.1.4 ensure that the Owner has the right to enter into the Rental Contract with you;
8.1.5 show all due consideration and respect to you and your guests including refraining from any dangerous, offensive, inappropriate, violent or anti-social behaviour towards you and your guests;
8.1.6 comply with the terms of the Rental Contract; and
8.1.7 respond to queries, complaints and problems which arise during or after the Holiday Period and use reasonable efforts to resolve them (and we will also try and facilitate a resolution if the Owner requests us to, or the Owner has previously authorised us to do so, on their behalf).
9. Our Responsibilities
9.1 Our promise to you: We will:
9.1.1 perform the Booking Services and the Bachcare Services using reasonable care and skill;
9.1.2 show all due consideration and respect to you and your guests including refraining from any dangerous, offensive, inappropriate, violent or anti-social behaviour towards you and your guests;
9.1.3 comply with the terms of the Booking Contract;
9.1.4 respond to queries, complaints and problems which arise during or after the Holiday Period in relation to the Booking Services and use reasonable efforts to resolve them (and we will also try and facilitate a resolution if the Owner requests us to, or the Owner has previously authorised us to do so, on their behalf); and
9.1.5 if we discover a serious mistake or error relating to the descriptions and details relating to the Properties and Rental Services on the Website that relates to a Booking that you have already made, we will use reasonable efforts to contact you.
10. Your Rights to Amend or Cancel a Booking or Rental Contract After a Booking Confirmation
10.1 Amending a Booking after the Booking Confirmation: If you would like to amend the Booking after the Booking Confirmation, please do so through your account on the Website or by contacting us (Contact Details). The Owner may or may not agree. If your request to amend the Booking is accepted, there may Additional Charges and other costs you must pay. The Additional Charges or costs may be owed to the Owner under the Rental Contract (for example, if the Booking has been amended for a more expensive or longer Holiday Period) or owed to us under the Booking Contract (for example, to cover our costs of making the amendment or providing additional Bachcare Services). However, we will always notify you of these charges in advance and you will be responsible for paying them.
10.2 Cancellation for breach: You may immediately end a Rental Contract:
10.2.1 if the Owner has committed a serious breach of its obligations to you as set out in these Booking Terms which, if remediable, has not been remedied within 24 hours; or
10.2.2 there is a material error in the charges or Booking Details or a significant error in the description of the Rental Services relating to the Booking.
If you end a Rental Contract for any of the reasons in:
10.2.3 paragraph 10.2.1, the Owner will refund to you (which we will try and facilitate acting as the Owner's agent) an amount equal to:
- the Rental Charges that you have already paid for the Booking for any part of the Holiday Period after the date of cancellation;
- the Booking Fee; and
- the Bachcare Service Charges that you have already paid for and which have not been provided at the date of cancellation.
10.2.4 paragraph 10.2.2, depending on who is at fault for the error, either we or the Owner will refund you (and we will try and facilitate this acting as the Owner's agent) an amount equal to:
- the Rental Charges that you have already paid for the Booking for any part of the Holiday Period after the date of cancellation;
- the Booking Fee; and
- the Bachcare Service Charges that you have already paid for and which have not been provided at the date of cancellation.
10.3 Cancelling a Booking because you have changed your mind: If you change your mind after you receive the Booking Confirmation:
10.3.1 you are not entitled to cancel the Booking Contract and obtain a refund for the Booking Fee as we will already have supplied the Booking Services to you for the Booking.
10.3.2 You can cancel the Bachcare Services to the extent they have not been provided at the time of cancellation and we will refund you the Bachcare Service Charges for those undelivered Bachcare Services, minus any costs reasonable incurred or committed to by us in anticipation of provision of those Bachcare Services.
10.3.3 If you wish to cancel the Rental Contract with the Owner more than 30 days before the start of the Holiday Period, you will be entitled to a refund from the Owner of the Rental Charges you have paid minus:
- 30% of the Rental Charges (as defined in paragraph 2.1.3(d)); and
- all reasonably incurred charges for any other services that the Owner provided to you up to the date you cancelled the Rental Contract.
Acting as the Owner's agent, we will try and facilitate this refund to you from the Owner
10.3.4 You do not have a right to cancel the Rental Contract under this paragraph 10.3 when there is less than 30 days before the start of the Holiday Period.
11. Our and Owners' Rights to Cancel Your Booking or End a Rental Contract
11.1 Our and Owners' rights to end a Booking Contract or Rental Contract for breach: Without affecting any other right or remedy available to us or an Owner, an Owner (or we as the Owner's agent) may cancel the Booking, the Booking Contract and/or the Rental Contract if:
11.1.1 you do not make any payment when it is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with any information that is necessary for us to provide Booking Services or Bachcare Service or for the Owner to provide the Rental Services;
11.1.3 you fail, or we reasonably believe you will fail, to perform or comply with any of your obligations (when we reasonably consider your failure to be serious or important) contained in the Rental Contract, the Booking Contract or these Booking Terms;
11.1.4 you or your guests do not, or we reasonably believe will not, comply with the obligations set out in paragraph 7;
11.1.5 you are declared bankrupt, make any arrangement with or for the benefit of your creditors, are unable to pay your debts or have a court administration order made against you; or
11.1.6 we reasonably believe that:
- you have behaved in an inappropriate, or unlawful manner to us, our staff or any Owner;
- the Booking is not legitimate;
- you have broken or are likely to break any of these Booking Terms relating to a previous or current Booking (when we reasonably consider your failure to be serious or important); or
- any information you have supplied is incorrect or insufficient.
11.2 Eviction: Where the Owner (or we, on an Owner's behalf) has a right to cancel the Rental Contract we (as the Owner's agent) or the Owner may refuse to allow you and your guests to enter and stay at the Property or can require you and your guests to leave the Property before the end of the Holiday Period.
11.3 Consequences if a Booking or Rental Contract ends in the circumstances of paragraph 11.1: If the Booking, the Booking Contract or the Rental Contract ends for any of the reasons in paragraph 11.1, without affecting any other right or remedy available to us or an Owner, you will not be entitled to any refund of any amounts that you have paid in connection with the Booking (other than amounts for undelivered Bachcare Services, minus any costs reasonably incurred or committed to by us in anticipation of provision of those Bachcare Services). Also, neither we nor the Owner will be responsible for any other costs or expenses you have to pay due to this (such as the cost of finding any alternative accommodation or making alternative travel arrangements).
11.4 Unavailability of the Holiday Period: We (or we on an Owner's behalf, as applicable) also have the right to cancel the Booking, the Booking Contract and/or the Rental Contract where the Owner notifies us that the Property is unavailable for your intended Holiday Period (and this is not due to an Unexpected Event (when paragraph 12 applies) or for one of the reasons referred to in paragraph 11 (when paragraph 11 applies)). If this occurs, the Owner will refund you (and we will try and facilitate this acting as the Owner's agent) an amount equal to:
- the Rental Charges that you have already paid for the Booking;
- an amount equivalent to the Booking Fee; and
- an amount equivalent the Bachcare Service Charges that you have already paid for the Booking.
11.5 Our and an Owner's other rights to end a Booking/ Rental Contract: Without affecting any other right or remedy available to us or an Owner, we or we on an Owner's behalf (as applicable) may cancel the Booking, the Booking Contract and/or the Rental Contract if:
11.5.1 we have ended our agency agreement with the relevant Owner before the Booking for the relevant Property was made; or
11.5.2 we become aware of any health and safety or quality-related issue with the applicable Rental Services or Property or its immediate surroundings (for example contamination to the Property's water supply).
If a Booking or Rental Contract ends for any of the reasons in this paragraph 11.5:
11.5.3 we may (but are not obliged to) arrange alternative accommodation for you of an equivalent type and standard in a similar location. We will not be responsible for any costs associated with arranging alternative accommodation and arranging this may be subject to the payment of additional charges by you if the Total Charges for the alternative are higher than the amount the Owner would otherwise refund to you under paragraph 11.5.4. We will always get your approval in advance of arranging any alternative accommodation and notify you of the additional costs;
11.5.4 the Owner will refund the Rental Charges relating to that part of the Holiday Period that was cancelled (and we, acting as the Owner's agent, will try and facilitate this refund to you from the Owner);
11.5.5 we will refund any Bachcare Service Charges to the extent that the relevant Bachcare Services have not been provided (minus any costs reasonable incurred or committed to by us in anticipation of provision of those Bachcare Services); and
11.5.6 where cancellation is as a result of the circumstances set out in paragraph 11.5.1, the Booking Fee.
Please note, you will not be able to recover the charges for Bachcare Services that we have performed or, where cancellation is as a result of the circumstances set out in paragraph 11.5.2, the Booking Fee as this amount is non-refundable (we would have already completed the Booking Services for the Booking).
12. Events Outside Our or the Owner's Reasonable Control
12.1 Force majeure leading to cancellation: We, acting as agent on the Owner's behalf, and the Owner have a right, to end the Rental Contract and cancel the Booking if an event occurs beyond your, our or the Owner's reasonable control (Unexpected Event). Examples of Unexpected Events include any law, guidance or action taken by a national or local government or public authority or any consequences of them; a fire or accident; epidemic or pandemic; act of God, flood, adverse weather conditions or other natural disaster, or any other event of any nature which prevents or is likely to prevent:
12.1.1 you and your guests from staying at the Property for some or all of the Holiday Period; or
12.1.2 the Owner complying with its obligations under the Rental Contract.
12.2 Alternatives after such a cancellation: If an Unexpected Event happens that results in the Booking or Rental Contract being cancelled by us on the Owner's behalf or by an Owner, you may select one of the following alternative options:
12.2.1 alternative dates: we will try and help arrange alternative dates for you and your guests at the same Property. However, we will not be responsible for any costs associated with arranging alternative dates and arranging this may be subject to the payment of additional charges by you if the Total Charges for the alternative dates are higher than the Total Charges for the original Booking. We will always get your approval in advance of arranging any alternative accommodation and notify you of the additional costs; or
12.2.2 alternative accommodation: we will try and help arrange alternative accommodation for you and your guests of an equivalent type and standard in a similar location. However, we will not be responsible for any costs associated with arranging alternative accommodation and arranging this may be subject to the payment of additional charges by you if the Total Charges for the alternative are higher than the Total Charges for the original Booking. We will always get your approval in advance of arranging any alternative accommodation and notify you of the additional costs.
12.3 Consequences after an option has been provided: After providing you with your preferred option under paragraph 12.2, we and the Owner will have no further responsibility to you in relation to your original Booking.
13. Other Consequences of a Booking or Rental Contract Ending For Whatever Reason
13.1 Consequences of cancellation of Booking: On cancellation of a Booking the Booking Contract and the Rental Contract will be immediately terminated.
13.2 Consequences of a Rental Contract ending: When the Rental Contract ends during the Holiday Period you must:
13.2.1 leave the Property together with all guests as soon as possible;
13.2.2 notify the Owner (or their representatives) and us that you and your guests have left the Property and, if relevant, the reasons for doing so; and
13.2.3 return the keys/access cards to the location instructed by us or the Owner.
13.3 Consequences of your decision to leave the Property before the end of the Holiday Period: If you leave the Property before the end of the Holiday Period of your own accord (and not due to an Unexpected Event or because you have ended the Rental Contract with one of your rights under paragraph 10.2) no refunds for any charges are payable.
14. What We and Owner Are Not Liable For
14.1 What we and owner are always responsible for: Neither we nor the Owner exclude or limit in any way our responsibility to you where it would be unlawful to do so.
14.2 We have no responsibility in connection with your Rental Contract with the Owner: As we act as agent on behalf of the Owner, we are not responsible to you or any of your guests under or in connection with the Rental Contract for any acts or failure to act by the Owner, including the suitability and performance of the Rental Services and the Property.
14.3 Exclusion of our liability: Our obligations to you are limited to those in connection with the Booking Services and the Bachcare Services. Your rights under these Booking Terms and the Rental Contract for issues with Rental Services, a Property or your holiday are only against the Owner (unless we have done something wrong in relation to the Booking Services or Bachcare Services which caused that problem).
14.4 Our responsibility under the Booking Contract (and otherwise): Apart from our responsibilities set out in these Booking Terms, to the fullest extent permitted under applicable law, we do not give you any promises, warranties, conditions, or representations relating to any Booking Services, Bachcare Services or Rental Service or in relation to these Booking Terms, any Booking Contract, any Rental Contract or otherwise, whether express, implied, oral or written.
14.5 Limits of descriptions on the Website: Descriptions of the Property and Rental Services and any ratings or reviews on the Website are not advice or recommendations given by us. We do not independently verify reviews, accreditations, awards or star or other quality ratings provided to us by Owners or third parties. Such ratings are only there to give you a general idea of what level of quality you can expect from a particular Property. We are not responsible for inaccuracies or errors in these descriptions that are provided by the Owner, or the descriptions relating to the Properties or Rental Service as this information is also supplied to us by the Owner.
14.6 When services become unavailable or restricted: Unfortunately, sometimes some services or equipment (including Rental Services provided by the Owner) or facilities (including amenities or attractions near-by) in relation to a Property, which are detailed on our Website, may become unavailable or be restricted. Similarly, third party events scheduled during the Holiday Period may be cancelled, postponed or altered. As this is outside of our control, we do not accept any responsibility for any changes, unavailability or restrictions of these things. The Owner has no responsibility for any changes, unavailability or restrictions of any near-by facilities or events in relation to the Property.
14.7 Wi-Fi and Phone Reception: If the Property listing does not state that Wi-Fi is included it is not. If the Property listing states that Wi-Fi is included the Owner will be responsible for ensuring that Wi-Fi has been set up at the Property but does not guarantee the quality or speed of internet access. The Owner is not responsible if internet or phone access is disrupted or not available as a result of anything outside of their reasonable control. We have no responsibility for Wi-Fi or internet or phone reception.
14.8 CCTV: We are aware that some Owners may have CCTV systems for the safety and security of their property and guests. You may be notified as part of the description of the Property or at the Property itself that CCTV is in operation. If you require additional details please contact us (Contact Details) and we will seek such additional information from the Owner and provide the Owner's response to you on the Owner's behalf. We have no control or access to any CCTV system and have no responsibility for such systems or any data recorded on them.
14.9 Disruptions and allergens: Neither we nor the Owner will be responsible for sound, smell or disruption coming from neighbouring properties or surroundings or for any allergens that may be present at the Property (including as a result of pet having stayed at the Property).
14.10 Our liability limited: To the extent permitted by law our total liability to you for any breach of these Booking Terms or the Booking Contract, however that may arise, is limited to the total of the Booking Fee and the Bachcare Service Charge and any other amounts you have paid to us on our own account and not as agent for the Owner.
14.11 Our and Owner's responsibility is limited to 'foreseeable' losses: Neither we nor the Owner will be responsible to you for any losses unless they were reasonably foreseeable by us or the Owner (as applicable) at the time we sent you a Booking Confirmation.
14.12 Personal Belongings and Injury: You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and your guests are left at the Property entirely at your and their own risk and:
14.12.1 we accept no liability for any loss, damage or injury to you or your guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by our breach of the Booking Contract; and
14.12.2 the Owner accepts no liability for any loss, damage or injury to you or your guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by the Owner's breach of the Rental Agreement.
15.1 If you have any complaint please contact us promptly (Contact Details). If the complaint:
15.1.1 is about the Booking Services, Bachcare Services, we will deal with it on our own behalf as it relates to the Booking Contract between you and us; or
15.1.2 is about the Rental Services or the Property, we will deal with it on behalf of the Owner, as the Owner's agent – and sometimes we may need to refer it back to the Owner directly or take instruction from the Owner – because the complaint relates to the Rental Contract between you and the Owner. In that case, please contact us as soon as possible (Contact Details) with full details of your complaint. You must provide us with evidence of your complaint (including photographs), which shows us that the Owner had not complied with its obligations under these Booking Terms. This will help us to deal with your complaint on behalf of the Owner as quickly and effectively as possible. We will use our reasonable efforts to contact an Owner on your behalf to attempt to facilitate a resolution of your complaint by the Owner. As we act only as an agent for the Owner, we cannot accept any legal responsibility for your complaint. If we help to sort out a complaint, we are doing so as an agent only and have no legal responsibility to you for any refund or compensation, but we will try and persuade the Owner to act reasonably.
16. Other Important Terms
16.1 Electronic communications: You agree to receive communications from us and the Owner electronically and that electronic communications will satisfy any legal requirement for communications to be in writing. Where these Booking Terms say something is 'in writing' or similar, it includes by email.
16.2 Transferring Booking, Rental Contract and Booking Contract:
16.2.1 The Owner may transfer their rights and obligations under the Rental Contract to a purchaser of the Owner's Property. The purchaser, and not the Owner, will be responsible for performing the Owner's rights and obligations under the Rental Contract from the date of transfer.
16.2.2 We may transfer our rights and obligations under any Booking or Booking Contract to any person and you agree that where we do so that person, and not us, will be responsible for exercising our rights and performing our obligations under the Rental Contract from the date of transfer.
16.2.3 You may not transfer a Booking, Rental Contract or Booking Contract (or any rights or obligations under them) to another person.
16.3 No third party rights: Each Booking Contract for the provision of the Booking Services and Bachcare Services is between you and us. Each Rental Contract is between you and the relevant Owner. No other person will have any rights to enforce any of the terms of each respective contract or these Booking Terms.
16.4 Separate paragraphs: Each of the paragraphs of these Booking Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Waiting to enforce a right: If we or an Owner do not insist immediately that you do anything you are required to do under these Booking Terms, or if we or an Owner delay in taking steps against you in respect of you breaking a term of a Booking Contract or Rental Contract, that will not mean that you do not have to do those things and it will not prevent us or an Owner (as applicable) taking steps against you at a later date. For example, if you miss a payment and we do not chase you but continue to provide the Bachcare Services, then we can still require you to make the payment at a later date.
16.6 Applicable law: These Booking Terms and any Booking Contract and Rental Contract are governed by New Zealand law.
16.7 If you, we or an Owner ever need to go to court: You can bring legal proceedings in respect of these Booking Terms, any Booking Contract or any Rental Contract only in the New Zealand courts. We and the Owner may bring legal proceeding in the courts of New Zealand or your country of residence.
16.8 Your consumer rights: You have certain legal rights as a consumer under the law (including the Consumer Guarantees Act 1986) and nothing in these Booking Terms, a Rental Contract, a Booking Contract or the Booking Confirmation affects these legal rights.
16.9 Changes to these Booking Terms: These Booking Terms were most recently updated on the date that appears at the top of this page. However, please be aware that we may update these Booking Terms from time to time. We may make these changes by posting a copy of them on the Website please check the latest version of these Booking Terms before you make a Booking to ensure you understand the legal terms that apply at that time. Any changes will take effect on the date on which we post the modified terms on the Website. If you continue to use the Website after that date, it means that you accept any such changes. The modified Booking Terms will not apply to any Bookings for which we have sent you a Booking Confirmation before the date when the modified Booking Terms come into effect.