Tuki Vineyard Cottage - short-stay holiday rental agreement

1. Booking confirmation

The manager of the short-stay holiday rental home at Tuki Vineyard, 8 River Road, Havelock North (“Property”) is Tuki Limited and its staff and agents (“us/our/we”).

By making a booking request to stay at the Property, you the guest (“you/your”) agree to be bound by these terms and conditions ("Terms") as published on our website www.tuki.co.nz and as updated from time to time.

Acceptance of any booking request is at our sole discretion. Acceptance of a booking request will give you a license to occupy the property on the booked days only and shall be subject to these Terms.

To proceed with your booking, we request a deposit. Your booking is not confirmed until we confirm receipt of your deposit and you have received an email from us that states that your booking has been confirmed ("Booking").

A valid credit card is required to secure and confirm all bookings regardless of payment method. Please refer to the section relating to Bond.

2. Booking Periods and Minimum Nights

A minimum stay of two consecutive nights applies to Bookings. During public holidays or long weekends, the minimum stay may be more than two nights and, if so, this will be communicated to you at the time of your booking request.

The nightly rate for weekends (Friday and Saturday nights) and public holidays is higher than the mid-week rate for other nights. If you wish to stay 2 nights where one of the nights is a Friday, Saturday or public holiday, then both nights will be at the weekend rate since your booking will prevent another guest from staying for that weekend (ie for the lower mid-week rate to apply, both nights must be mid-week nights and not a public holiday). Public holidays that fall outside weekends incur the weekend rate. We will confirm the rate for you when we respond to your enquiry.

3. Persons on Booking and Maximum Persons

The maximum number of people that may stay at the property during your Booking is two (2). No children under the age of 12 years may stay at the property. No pets are allowed at the property.

Since you are the person making the booking, you accept that you are responsible for the Booking as well as for the behaviour/actions of any other person that may be staying with you during the Booking. You shall be present at the property throughout the period of the Booking unless otherwise agreed by us in writing. If you are not present at the property at the same time as another person who is staying with you during your Booking, you remain responsible for these Terms and the other person's compliance with them.

You will take appropriate steps to ensure that any other person that is part of your Booking is aware of these Terms.

4. Bond Policy

Any damage of loss caused to the Property or furnishings during your Booking could result in costs of repair (and any insurance excess) being charged directly, either fully or partly, to you.

Prior to your stay we require credit card details from you that will be held as a bond. By proceeding with your Booking, you authorise us to charge the credit card for the fair cost of unavailability, replacement, repair, or services required to restore the property, its chattels, furnishings, carpets, bedding, kitchenware or other incidental assets to the condition found upon your arrival, where it can be established that such issues arose in the course of your stay and where these issues cannot be attributed to fair wear & tear.

Should we be unable to charge the credit card for all or part of the recovery of costs as described above, an invoice will be raised against you for the outstanding amount and you shall make payment of that invoice upon demand unless you dispute any part of our claim, in which case you shall immediately pay any undisputed part of our claim and we will proceed with our terms relating to the resolution of disputes for any disputed part of our claim.

5. Cancellations and booking changes

If you wish to cancel your booking or reduce the number of nights of your booking or change the dates of your Booking, we will open our calendar for the dates that you no longer wish to book. If we accept and receive payment for another booking that replaces the dates you no longer wish to book, then we shall refund you for those cancelled days minus an administration service fee of $75.

If you cancel, reduce or change your booking at any time, you remain liable for the full amount of the booking except in instances as described below. If you fail to pay any amount when due, we may treat that failure as a cancellation by you of your booking.

In the event that you are unable to continue with your Booking due to COVID-19 requiring you to isolate in accordance with a Government health order, and you provide us with a declaration to this effect at least 2 days prior to your arrival date, then we will provide you with a credit of the amount you have paid us for your Booking so that you can make a new booking for the Property for a future date in accordance with the following terms:

•     The new booking is to be completed within 12 months of the original Booking;

•     New booking dates will be subject to the availability of the property at that time;

•     You may apply the credit towards a new booking that has higher rates if you also pay the difference required for the new booking;

•     Any unused portion of the credit is non-refundable, including in the event you subsequently cancel the new booking;

•     Our standard terms and conditions apply to the new booking;

•     Our provision of this credit offer is provided free of any additional administration fees except for any third party processing fees such as Visa or MasterCard fees.

In the unlikely event that we make an error with availability or the pricing of your Booking, or that the Property becomes unavailable (for example in the event of damage by natural disaster, unavailability of critical services such as electricity or hot water), then we may cancel your Booking and we shall provide alternatives/arrangements that are agreeable to you or we will provide a full refund of any amount you have paid us in relation to your Booking.

We also reserve the right to cancel a Booking where we reasonably believe that the Terms of stay are being breached or may be breached or where payment, references, bond or assurances are requested from you but are not provided.

If these Terms are breached during your stay, we reserve the right to evict you from the Property. Under such circumstances, compensation will not be provided and you shall remain liable for any breakages, damage and/or additional cleaning charges.

6. Rental Payment & Rates

The estimated nightly rates for the Property are displayed on our website. Third party websites that promote accommodation may have different rates due to their own fees and surcharges. When you make a booking request, we will confirm the rates for you.

In our communication with you, we may include a link to these Terms. We will request a deposit of 50% of the total amount for your stay and the remaining 50% is payable 7 or more days prior to the start of your booking.

For convenience, most guests prefer to pay by credit card. If you pay by credit card a surcharge of 2.5% is required to contribute towards merchant fees charged by the credit card companies. The card used at the time of your booking request will be charged for any further payments relating to your Booking.

You may pay by online banking into our bank account if you wish to avoid the 2.5% credit card surcharge. However, a valid credit card is still required to secure and confirm all bookings regardless of payment method.

7. Key Collection and property access

Prior to the date of your arrival either we or the third party website that you made your Booking through will provide you with the location and combination code for a lockbox at the Property that contains a key to the property. This key lets you access the Property without requiring anyone to meet or greet you upon your arrival.

You will only access the lockbox after the check-in time and before the check-out time relating to your Booking. Please return the key to the lockbox and leave it in a locked state upon your departure.

There may be a security camera that video records the lockbox and/or outside the entrance(s) to the Property.

8. Check-in and check-out time

Check-in time is any time from 2:00pm on the first day of your booking and check out time is any time before 11:00am on the date of your departure.

9. Guest rules & responsibilities

The Property may not be used to host a party or function and you may not have extra guests stay at the Property.

We reserve the right to charge call-out fees for staff and/or security personnel if required to inform you that you are breaching these Terms or to evict you from the Property due to breaching these Terms.

Smoking and vaping is strictly prohibited inside Tuki Vineyard Cottage. You may smoke or vape outside the cottage if you dispose of cigarette/cigar butts off the Property grounds. Cigarette/cigar butts must not be discarded in the rubbish bins within the Property due to their smell and the risk of fire.

Illegal substances are strictly prohibited at the Property.

Although our cleaners will clean the Property after your stay, you are responsible for leaving the Property in a reasonably tidy condition and with its chattels, furnishings, carpets, bedding, kitchenware and other incidental assets in the condition and location found upon your arrival.

The cost of replacing any items taken from the Property during your Booking will be charged to you.

You are responsible for and shall pay upon demand all the expenses and legal costs, including actual fees and disbursements, incurred by us in connection with the collection of any amounts you owe us (including costs from any credit or debt collection agencies).

You shall:

•     Leave the Property tidy with dishes done or left in the dishwasher with this turned on at departure, linen left on the beds and towels left in the bathrooms;

•     Leave the BBQ in a clean state ready for the next guest if you use it during your stay;

•     Turn off all heating/cooling & non-essential running appliances;

•     Ensure the Property is locked when you are not present and upon your departure;

•     Contact us if anything has been broken or lost during the stay or if there are maintenance issues requiring our attention;

•     Return the key to the lockbox and leave this locked and not set to the access code upon your departure;

•     Complete check out by the agreed time;

•     Leave rubbish and recycling in the receptacles provided and not in a way that is likely to leak or damage the Property;

•     Notify us immediately if you have any issues with the Property during your stay.

You shall not make noise or disturbance that amounts to a breach of peace, privacy or comfort of the neighbours of the Property. Please take extra care during late evenings, nights and early mornings to be considerate of neighbours. Some examples of noise or disturbance that may amount to a breach of peace include, but are not limited to, loud music, loud voices and engine noise.

You covenant on behalf of yourself and any other person staying at the Property during your Booking that nothing will be done by you or them that would in any way invalidate, adversely effect the validity or viability of any insurance policy relating to the Property. You indemnify us against any losses or damages suffered by us as a consequence of the breach of this covenant.

10. Linen, bedding & towels

Linen, bedding and towels are provided sufficient for your stay. This may include duvets, duvet covers, pillows, towels, top & bottom sheets, tea towels, bath towels and hand towels.

Please do not use any linen, towels of face cloths for the removal of make-up. If linen, towels of face cloths are marked by make-up and require additional cleaning or replacement, the cost may be charged to you.

11. Parking

There is free off-street parking immediately outside the cottage. Please do not park across any driveways since this may restrict the access of tractors or staff that need to work on the vineyard.

Although the neighbourhood is generally considered to be safe, we accept no responsibility for any loss or damage to any car, its contents, or any baggage or personal belongings during your stay.

12. Legal

The Consumer Guarantees Act 1993 does not apply if the Property has been booked in the name of a business or is used for business purposes.

The term of rental of the property shall not exceed 120 days and is not subject to the Residential Tenancies Act 1986.

In accordance with the Privacy Act 2020, information we collect about you may be used by us for the purpose of allowing us to determine your credit worthiness and to otherwise allow us to perform our duties in relation of renting the Property. You authorise us to exchange such information with third parties, including (without limitation) agents we may use to help manage the Property, credit and debt collection agencies, accountants and lawyers. You understand that if you default on any payment under these Terms, that default may be listed with a credit and/or debt collection agency and 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.

Should any dispute arise between you and us 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 be final and binding.

These Terms shall be interpreted in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of New Zealand courts.