Bach Stay Holiday Home Rental Terms and Conditions
This agreement outlines the terms and conditions which you agree will apply to your holiday home rental booking through Bach Stay NZ Limited (BSL). This includes any bookings made through a third-party website including, but not limited to, the following booking channels - Bookabach by HomeAway, Holiday Houses & Air BnB. You understand that whilst your rental agreement is with BSL, you are renting a holiday home which is owned by a private individual, trust, partnership, family or company and that BSL acts as an agent on behalf of the owner to facilitate the rental process. By making a booking with BSL you agree that you have read the terms and conditions herein and you agree to be bound by them in all aspects relating to your rental of any holiday home through BSL.
1. Definitions
i. ‘You’ or ‘Renter’ refers to the person making the booking and renting the holiday home and whose name is shown on the booking summary and any other members of the renter’s group or any person visiting the property during the rental period;
ii. ‘BSL’, ‘Us’ or ‘We’ refers to Bach Stay NZ Limited, the booking agency who facilitates the rental of home owners’ holiday homes to private individuals for recreation and holiday purposes;
iii. ‘Booking’ or ‘Rental’ refer to the occupancy of one of the holiday homes managed by BSL by you for the period of time outlined in your booking summary;
iv. ‘Owner’ refers to the person, people, family, trust or company who own the holiday home that you are renting;
v. ‘Property’ or ‘Holiday Home’, refer to the property which is being rented and includes all buildings, land, fixtures, fittings, chattels, equipment and contents at the address of the property.
vi. ‘Third-party booking channel’ refers to businesses taking bookings on our behalf for the properties we manage. Examples of third-party booking channels are Bookabach by HomeAway, Holiday Houses and Air BnB.
2. Charges and Fees
i. If you have booked through a third-party booking channel, the charges and fees will be as set out in their schedule and your booking will be confirmed by paying the deposit specified, directly to them. Refer to the booking channel’s Terms and Conditions for a schedule of payments;
ii. When booking directly through BSL, you agree to pay all charges listed on the booking statement, including, but not limited to, rental, cleaning, booking fee, linen hire and other service hire. Your booking is not confirmed until a 30% deposit has been received by BSL via bank transfer or credit card payment. Final payment is due 30 days prior to the commencement of the booking;
iii. You agree to pay all additional charges incurred during the rental including, but not limited to rubbish removal, additional cleaning charges, early checkin/late checkout fees, costs to rectify any damage to the property and additional guest charges. BSL will provide you with an itemised account of any additional charges;
3. Bond, Damages and Credit Cards
i. BSL may choose to charge a bond of $250 - $1,000 per booking at our discretion;
ii. When a bond has been paid, you authorise BSL to deduct any additional charges incurred as a result of your rental, from the bond. Where the bond is insufficient to cover any additional costs, BSL will issue you an invoice for the difference and you agree to pay this invoice, in full, within 7 days of the invoice date.
iii. BSL will refund any bond, minus any additional charges due, within 14 days of the final date of the rental period ending. Any bonds collected by a third-party booking channel will be held by them and refunded to you directly by them as per the schedule they specify in their terms and conditions;
iv. The renter 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 holiday house (including any contents) during the term. The renter agrees to indemnify the owner against any losses or damages suffered by the owner as a consequence of the renter’s breach of its obligations under clause 8(I) and to immediately, on demand, reimburse the owner for all such costs.
v. The renter must advise BSL immediately of any damages they have caused accidentally or otherwise and any damage they identify on arrival at the property.
vi. Where a credit card is used to pay for a booking, the renter warrants that they have full authorisation to use the credit card. BSL accept no liability to any third party for any charges we make to their card with your instruction.
4. Booking Acceptance
i. All booking requests will be accepted or declined at BSL’s discretion according to the information provided by the renter;
ii. As the person making the booking, you must be present and onsite for the duration of the stay unless agreed in writing with BSL prior to the stay;
iii. A booking request only becomes a confirmed booking once BSL have received the deposit or confirmed the booking through a third-party booking channel;
iv. If you do not pay your deposit within 24 hours, BSL reserves the right to cancel the booking request and rent the property to another party;
v. BSL is not required to accept a booking request if we are not satisfied that you or any member of your group is not an appropriate person to be accommodated at the house you have requested.
5. Cancellation
i. For bookings made through a third-party booking channel, refer to the cancellation policy in their terms and conditions for information on refunds;
ii. For bookings made directly through BSL the following cancellation policy applies:
a. guests who cancel at least 60 days before the arrival date will receive a full refund of the amount they have paid.
b. guests who cancel between 30 and 60 days before check-in, will forfeit their 30% deposit but will be refunded any amount they have paid in excess of this.
c. guests who cancel less than 30 days before check-in will not receive a refund and will be liable for any balance remaining unpaid;
iii. If for any reason the property becomes uninhabitable prior to the commencement of the booking, resulting in cancellation, BSL will refund all monies paid in full to the renter;
iv. If for any other reason outside of BSL’s control the property is no longer available to rent, Bach Stay will refund all monies paid. In this instance, Bach Stay will act in good faith and endeavour to find another suitable property for the renter to stay in. BSL will not be liable for any costs incurred by the renter should the booking be cancelled due to any factor outside of Bach Stay’s control including, but not limited to, the property being rendered uninhabitable for any reason or the owner deciding to terminate the rental due to property sale or any other reason;
v. If the property becomes uninhabitable during the rental period, BSL will cancel the remainder of the booking and refund the rental amount (pro rata for the nights not stayed);
vi. If the renter departs early or fails to show up for a booking there will be no refund made;
6. Arrival and Departure
i. Standard arrival times are between 3pm and 7pm on the day of arrival and departure is by 10am on the day of departure;
ii. When booking a property, the renter agrees that they will arrive and depart within the timeframes stated above unless otherwise agreed;
iii. Should the renter arrive after 7pm without having arranged this prior to the arrival date, the renter accepts that there is a potential risk that they may not be able to gain access to the property until the following morning;
iv. Should a renter need to depart prior to 9am they agree to contact BSL at least 12 hours prior to arrange the departure procedure;
v. BSL will endeavor to be flexible with arrival and departure times where possible but any variation to the stated times must be agreed to in advance and charges may apply for early check in or late checkout.
7. Animals
i. Any animal is expressly forbidden on any of our properties except by prior arrangement. Some of our properties will allow pets but many will not;
ii. Where BSL has indicated on their website (or any other 3rd party website) that the property which the renter wishes to rent will allow pets, the renter must still inform BSL of their intention to bring a pet and have this approved by BSL prior to booking;
iii. In all cases where approval has been granted to bring a pet, it must be kept off furniture and beds at all times and all animal waste must be collected and disposed of appropriately. The renter agrees to comply with any other specific rules for the property specified in the listing, such as ‘pets permitted outside only’.
iv. Where BSL has permitted a pet, the renter is solely responsible for any mess or damage caused by the animal. The renter authorises BSL to deduct from their credit card or bond, the cost of rectifying any damage caused by the pet or cleaning up any mess created by the pet;
v. If any unauthorised pets or animals are found on the property during the renter’s stay, BSL reserves the right of eviction and to charge the renter’s credit card (or deduct from the bond) the cost of performing a flea treatment and/or a thorough clean of the property.
8. Renter’s Responsibilities
i. By making a booking with BSL, you agree that you are ultimately responsible for the actions of you, your group, or other guests, for the duration of your stay whether you are at the property or not. NB: You must seek prior written approval if you are booking on behalf of another person and will not be staying at the property;
ii. As the renter, you agree that you are liable for any and all costs associated with any breach of these Terms and Conditions;
iii. As the renter, you agree that you are liable for any and all costs associated with rectifying any damage done to the property, as a result of your actions or the actions of any of your guests or members of your group during your stay;
iv. As the renter, you understand and agree that any breach of these Terms & Conditions could result in eviction from the property. Should you be evicted from the property, all amounts paid will be forfeited and a Bach Stay representative may remain on-site at the property until you depart;
v. The renter is responsible for ensuring the number of adults and children staying at the property are the same as the number of adults and children the property has been booked for. If the renter wishes to include additional guests in the booking they must first obtain BSL’s permission. BSL reserves the right to refuse additional guests, and the renter accepts there may be charges for additional guests if they are approved;
vi. No camping, tents or caravans will be permitted at any time on the property without prior written approval from BSL;
vii. No parties, events or gatherings are to be held at the property without prior written approval from BSL;
viii. The renter must be respectful of the property and the neighborhood at all times and is responsible for ensuring that any other people staying at the property or any visiting guests are respectful of the property and neighborhood as well. Renter agrees that there will be no loud music or undue nuisance/noise to neighbours at any time and there will be no noise after 10pm;
ix. As all of the properties managed by BSL rely on tank water there is not an unlimited supply of water to be used during the renter’s stay. The renter is responsible for ensuring water is used conservatively by all people at the property. The renter accepts that should water run out during their stay, BSL will endeavour to get a delivery made urgently but there may be a delay of up to 48 hours, and in exceptional circumstances such as severe drought, this could be longer. The renter accepts that where BSL determines the water use by the renter has been excessive (above an average of 160L per person per day), BSL will charge the renter $180 for the delivery of water. NB: Auckland daily water use on average is 160 Litres per person;
x. No smoking is permitted inside the property at any time. Smoking is allowed outside and off any deck and the renter must remove all cigarette butts. BSL reserves the right to charge for any collection of cigarette butts or removal of cigarette odour inside the property after the rental;
xi. No use of illegal substances or conduct of illegal activities at the property;
xii. No fires or fireworks are permitted at any time on the property. Failure to comply with this condition will result in BSL cancelling the booking immediately and asking the renter to leave. Guests must also comply with any applicable fire bans/restrictions;
xiii. No actions that could invalidate the insurance policy;
xiv. The renter must take all rubbish away from the property with them when they leave or use the council rubbish collection service in accordance with the information on rubbish provided to guests. If any rubbish is left at the property, BSL reserves the right to charge a rubbish removal fee to the renter for any costs incurred in collection and disposal of this rubbish;
xv. At the conclusion of the rental, the renter is required to leave the house in a neat and tidy state including leaving beds tidy, returning furniture to its original location, cleaning and putting away all dishes and removing any noticeable childrens’ fingerprints from windows. The cleaning fee paid by the renter covers the cost of BSL cleaners sanitising the bathrooms, toilets and kitchen, vacuuming the house, dusting all surfaces and mopping all hard floors. If the house is not left in a neat and tidy state, BSL reserves the right to charge the renter for any additional cleaning that is needed;
xvi. The renter is responsible for reporting any damage to the property as soon as they become aware of it. The renter will also be liable for any and all costs relating to repairing any damage caused by the renter or any member of the group or visitor to the property;
xvii. The renter is responsible for any keys for the property which they have been provided with directly or indirectly. The renter must not cut keys or in any way duplicate keys or remotes for the property. If the renter should lose the keys, BSL reserves the right to charge a callout fee for re-entry and the cost of replacement keys. Should the owner request the locks to be changed due to a lost set of keys, the renter may be liable for the cost of a lock change at the owner’s discretion.
9. Bach Stay’s Responsibilities
i. BSL will inspect the property prior to the renter’s arrival to ensure it is clean and tidy and in a habitable state. If any cleaning or maintenance needs to be done prior to the renter arriving BSL will endeavor to do this prior to the renter arriving;
ii. BSL is primarily a booking agent working on behalf of the owners but will be contactable for the duration of the rental period should anything go wrong. BSL will be endeavour to be contactable between the hours of 9.00am and 7.00pm and may be contactable outside of these hours. Should anything significant go wrong during the rental period, BSL will always endeavor to take what practicable steps that are within its control to fix it. However, the nature of living in a rural community is such that sometimes tradespeople, spare parts, equipment etc are not always readily available and BSL will not be held liable for any failure on our behalf to rectify any problems at the house during the rental period;
iii. BSL will monitor water tank levels at each property prior to the renter’s arrival and where possible during the rental stay as required to prevent water supplies running out. BSL will review weather conditions and organise water deliveries as appropriate to mitigate the risk of properties running out of water. BSL will not be responsible for water running out during the rental period if water use has been excessive (above an average of 160L per person per day), where there are faults with the property’s water supply or where there are significant delays to the availability of water deliveries beyond BSL's control;
iv. BSL is not responsible for the equipment or facilities at the house. If any item of significance is not working properly, BSL will endeavor to get it repaired or replaced with the permission of the owner. If the owner removes any item which is listed as part of the property or amends the property in anyway and does not inform BSL, then BSL is not responsible for this. NB: BSL is not a property maintenance company and it is the owner’s responsibility to maintain the upkeep of the property and grounds, although we will advise them of any deficiencies that we notice;
v. BSL reserves the right to enter the property at any time without notice if we suspect any breach of these terms and conditions or have any reason to suspect the property is at risk or requires attention in any way.
10. Liability
As the person making the booking, the renter is entirely responsible for ensuring that these terms and conditions are adhered to at all times by all guests staying at the property or visiting. When making a booking, the renter agrees that they have read all of the terms and conditions of rental as detailed above and that they understand all of the terms and conditions, and accepts them without exception.
Use of the property by the renter is entirely at the renter’s risk. BSL does not assume any liability for any damages arising from any event occurring at the property during the term of the rental.
11. Disputes
Should the renter have a complaint about anything regarding the property or the service offered by Bach Stay, the renter must report this complaint to Bach Stay as soon as they become aware of the problem. Bach Stay will endeavor to rectify any issues promptly. Should the renter fail to be satisfied by Bach Stay’s actions in relation to dealing with any complaint, both parties will attend mediation through a 3rd party professional mediator whom both parties agree upon.