Terms & CONDITIONS
Te Mania Homestead, Te Mania Tourism Limited
Accommodation Bookings Terms and Conditions and Website Terms and Conditions of Use made in respect of the property located at 290 Conway Flat Road, Cheviot appear below.
Definition
“Booking” means the period for which you have paid to stay at the Property.
“Property” means 290 Conway Flat Road, Cheviot and all its fixtures, fittings and equipment.
“Management” means the owners and managers of the Property.
“Guests” means the persons who stay overnight in the Property during the Booking. “Visitor” means a person a Guest permits to visit the Property during the Booking.
Accommodation Bookings Terms & Conditions
These terms and conditions are made in respect of the property located at 290 Conway Flat Road, Cheviot (the ‘Property’).
1. Bookings and Payment
1.1 In order to secure your booking, a non-refundable payment equal to 50% of your stay is required with the remaining payment due one hundred and twenty (120) days prior to the date of arrival. We may also require a bond. We reserve our right to cancel your booking if payment or bond is not received prior to check-in.
1.2 All rates are quoted in New Zealand dollars and are subject to change at any time. Any changes to rates made after booking confirmation will not affect your booking and any verbal quote given is an estimate only.
1.3 A credit card fee may apply to all credit card transactions.
1.4 All prices shall be inclusive of GST.
2. Cancellations
2.1 Bookings that are cancelled prior to one hundred and twenty (120) days of the check-in date will forfeit their 50% deposit.
2.2 Bookings that are cancelled within one hundred and twenty (120) days of the check-in date, or if you fail to check-in, are non-refundable.
2.3 Te Mania Tourism reserves the right to recover the merchant fees charged from any cancellations where a Visa, Mastercard, or American Express card were used as the payment method.
2.4 If a payment is missed, the wedding date reservation shall be canceled.
3. Security Bond
3.1 A bond payment of $1,000 is required at the same time as the third and final payment of your Booking. It will be credited to your designated payment method once our property has been inspected and deemed left in a similar state to your arrival. We agree to ensure this occurs within fourteen (14) working days of your departure.
3.2 Any damage, loss or expense incurred by Management as a result of your breach of these Terms & Conditions will be charged against the bond. Examples of this include but are not limited to any breakage, damage or excess cleaning requirements, extra guests beyond those declared. In addition, you agree to reimburse management for any damage, loss or expense above $1,000 as a result of your breach of these Terms & Conditions.
4. Check-in and Check-out
4.1 You are entitled to arrive and check-in to your booking between the hours of 2.30pm and 7.00pm on the date of check-in. Any arrival after 7.00pm may be organised subject to the prior consent from management.
4.2 You must check-out and vacate the premises by 10.30am on the date of check-out. Any departure after this time, or storage of items to be collected at a later date by either yourselves or other vendors, may be organised subject to the prior consent from management. Additional fees may apply.
5. Number of Guests
The number of guests during your stay must not exceed the total number booked. Additional guests may be permitted on the Property with the prior consent from management. During your event, only guests residing in the Homestead are permitted inside. We reserve our right to remove any persons exceeding the total number booked.
6. Parties
Parties are strictly prohibited within the homestead at all times during your stay. We reserve our right to evict guests found in breach of this policy.
7. Smoking
Smoking is strictly prohibited inside the Property, and on any concrete and tiled balconies.
8. Pets
Pets are allowed at the Property with prior approval. Pet owners are responsible for cleaning up after their pets. Pets are not allowed in the homestead or on any furniture (indoor or outdoor) at any time. Any evidence of pets in the house or on furniture may incur extra cleaning fees or loss of bond.
9. Accommodation
9.1 For the duration of your stay, we will provide bed linens, towels and some toiletries.
9.2 You shall:
(a) not remove any bed linens, towels or toiletries from the Property;
(b) return the accommodation to the level of cleanliness to which it was initially occupied; and
(c) comply with all reasonable directions from management.
10. Swimming
The pond is designed as a space to enjoy the views out to the Kaikoura mountain ranges. We swimming is strictly prohibited.
11. Damage
11.1 Any damage to the property or damage to items within the property must be reported to management at the time of damage. After your booking, inspections are conducted to the Property to identify evidence of damage or theft. We reserve our right to charge for any damage to the property or theft of property during your stay.
11.2 If any damage to the property or theft of the property is identified after your stay, you will be notified of such damage in writing and we will issue an invoice addressed to you for repair or replacement costs. You must attend to payment of the invoice within fourteen (14) days from the date received.
12. Limitation of Liability and Indemnity
12.1 To the full extent permitted by any applicable law, we:
(a) disclaim all representation or warranties, express implied, not expressly set out in these Terms and Conditions.
(b) make no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Property, or any goods or services requested through the use of the Property, or that any event using the Property will be uninterrupted or error free.
12.2 We shall not be liable for any indirect, incidental, special, exemplary, equitable, punitive or consequential damages, including for lost profits, lost data, personal injury or property damage related to or in connection with or otherwise resulting from your use of, access to or inability to access or use the Property, regardless of any negligence (either by act or omission) or day of or by us, agents, employees or representatives, even if we have been advised of the possibility of such damages.
12.3 You acknowledge and agree that we will not be liable to you for any claim, liability, loss, damages, costs or expenses, whether direct, indirect or consequential:
(a) for any delay in providing you with any service at the Property;
(b) if we are unable to provide you or satisfy any request for use of the Property, whether or not you have a booking.
12.4 You acknowledge and agree that you will indemnify us against any claims, liability, loss, damages, costs or expenses (including legal costs) in connection with the use of the Property and/or as a result of or in connection with any breaches by you of these Terms and Conditions.
13. Termination
13.1 Upon notice from you of terminating these Terms and Conditions, we reserve the right absolutely to retain any payment made up to and including the date of receiving notice of termination.
13.2 We may terminate, in our absolute discretion, these Terms and Conditions with notice to you on occurrence of one of the following (each being a ‘Termination Event’):
(a) non-payment of any fee payable pursuant to clause 1 above on the date specified;
(b) conduct deemed to be unlawful or otherwise in breach of these Terms and Conditions.
13.3 Such notice of a Termination Event will take effect from the date specified in the notice, or, if no date is specified, to immediate effect on the date the notice is sent to you.
13.4 To the extent permitted by law, a Termination Event will render any payment already paid to us forfeited.
14. Your Other Responsibilities
14.1 You must comply with all applicable Bookig.com and/or AirBNB House Rules and all instructions from Management and the caretakers of the Property concerning occupancy, property, health, safety and quiet enjoyment of the Property and our neighbours.
14.2 Only the guests nominated and agreed in the Booking may stay in the Property over night. If any other guests stay extra charges may apply or the agreement may be terminated without refund.
14.3 Disturbance to our neighbours, including excessive noise, is prohibited and may result in termination and eviction without refund and extra charges may be made for security and other expenses.
14.4 Before departure, all food must be removed from fridges, all rubbish put in the appropriate rubbish bins provided, and crockery and cutlery washed and packed away. The Property must be left in a clean and tidy condition.
14.5 Extra cleaning charges may be incurred for the cleaning of dirty dishes, washing machine, dishwasher, emptying the fridge, removal of excessive rubbish etc. Should the cleaning fee be more than the usual cost for cleaning the property, you will be charged the additional costs over and above the normal cleaning fee which will be deducted from the security bond
14.6 All furniture and furnishings must be left in the position they were in when you arrived
15. Problems or Complaints
15.1 In the case of any problem or complaint, you must inform Management at the earliest opportunity so Management has the chance to rectify the situation as quickly and efficiently as possible. You must allow repair/service access to the Property during reasonable hours.
15.2 Any complaint, which cannot be resolved locally, must be notified in writing to Management prior to departure from the Property.
15.3 Failure to follow this procedure may hinder the ability of Management to rectify the problem or complaint and reduce or extinguish any claim you may have. We recommend all guests purchase travel insurance since Management are not responsible for any injuries, illness or accidents that may occur whilst staying at our property.
About the Website
Welcome to www.temaniahomestead.com (the 'Website'). The Website (the 'Services').
The Website is operated by Te Mania Tourism Limited (NZBN 9429050009572). Access to and use of the Website, or any of its associated Products or Services, is provided by Te Mania Tourism Limited. Please read these terms and conditions (the 'Terms') carefully.
Te Mania Tourism Limited reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Te Mania Tourism Limited updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
Acceptance of the Terms
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Te Mania Tourism Limited in the user interface.
Copyright and Intellectual Property
The Website, the content and all of the related products of Te Mania Tourism Limited are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Te Mania Tourism Limited or its contributors.
Te Mania Tourism Limited retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Te Mania Tourism Limited and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Privacy
Te Mania Tourism Limited takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Te Mania’s Privacy Policy, which is available on the Website.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the New Zealand Consumer Guarantees Act (CGA) (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
b) Te Mania Tourism Limited will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Te Mania Tourism Limited make any express or implied representation or warranty about the content or any products or content (including the products or content of Te Mania Tourism) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
c) costs incurred as a result of you using the Website, the content or any of the products of Mona Farm Pty Ltd; and
d) the content or operation in respect to links which are provided for your convenience.
Limitation of liability
Certain statutory warranties under the New Zealand Consumer Guarantees Act (CGA) will be implied for the benefit of consumers. Nothing in these Terms is intended to exclude or restrict the application of the CGA. Te Mania Tourism Limited does not however give any guarantee or warranties or make any representation with respect to use of this Site outside of these laws.
Subject to claims that may be made under the CGA:
· Te Mania Tourism Limited is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential, economic or any other kind of loss) however caused, even if foreseeable, and which is suffered directly or indirectly in connection with your use or inability to use this Site.
· Te Mania Tourism Limited is not liable for disruptions to this Site.
· Te Mania Tourism Limited is not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this Site or any Linked Site. You must take your own precautions to ensure that whatever you select for use from this Site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
Termination of Contract
You acknowledge and agree that these Terms and your access to this Site may be terminated at any time by us without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. All clauses in these Terms which are stated or intended to continue after termination will continue to apply. Te Mania Tourism Limited will not be liable to you or any third party for any termination of your access to this Site.
Indemnity
You agree to indemnify Te Mania Tourism Limited, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with, directly or indirectly, your use of the use of the Website and/or breach of these Terms.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Changes to these Terms
We reserve the right to change these Terms at any time. The current version of the Terms will always be posted on this Site, and will cancel and replace any previous version(s). By continuing to use this Site after the posting of such changes, you agree to be bound by the changes.
Contact Information
If you have any concerns about material that appears on this Site, please contact Te Mania Tourism Limited, in accordance with the details set out below.
Te Mania Tourism Limited
Company number 8253132 trading as Te Mania Homestead
Address: 290 Conway Flat Road, Cheviot, Canterbury, NEW ZEALAND
Telephone: (+64) 27 388 8729
Email: info@temaniahomestead.com