Short Term Rental Terms
1. Terms of the Agreement
1.1 These terms apply when Bothy Enterprises, or Bothy Enterprises’s authorised manager, offers to rent the property (“Holiday Rental”) to a renter (the “renter”). Under this Agreement, the renter agrees to rent Holiday Rental from Bothy Enterprises and Bothy Enterprises agrees to rent Holiday Rental to the renter on the terms of this agreement (the “Agreement”).
1.2 Any dispute between Bothy Enterprises and the renter is a matter between them and the parties to this Agreement agree not to take action against any online platform as part of any dispute between them.
2. Bookings/Deposits/Cancellation of Bookings
Bookings
2.1 A booking is made when a renter contacts Bothy Enterprises of Holiday Rental, Bothy Enterprises and renter agree to rent Holiday Rental for the term for a price (the “rental”), and the renter pays a deposit in terms in terms 2.4 below. Confirmation of a booking will be provided to the renter once the deposit has been received by Bothy Enterprises.
2.2 At the time of booking Bothy Enterprises may set out terms and conditions in addition to those in this Agreement (“additional terms”) which may include, without limitation, terms relating to pets, tents, the number of people permitted to occupy Holiday Rental, and additional fees or costs which apply to the booking. The renter agrees to comply with the additional terms, including any terms set out in the site listing for Holiday Rental, as if they were set out in this Agreement.
2.3 Subject to the cancellation provisions of this Agreement, once a booking is confirmed in writing by Bothy Enterprises the renter is liable for the balance of the rental together with any extra costs or fees set out in the additional terms.
Deposit
2.4 The renter must, to confirm a booking, pay Bothy Enterprises a deposit equal to either:
a. 50% of the total fee of the rental for Holiday Rental, or $500 whichever is the least.
b. 100% of the rental for Holiday Rental if the booking request is made within 30 days of the proposed date of commencement of the term, or
c. such other amount that Bothy Enterprises determines and advises the renter in writing.
2.5 A deposit, if less than the full amount of the rental, is in part payment of the full amount of rental that is due for renting Holiday Rental for the term.
Payment of Rental
2.6 The full outstanding balance must be paid not less than 30 days prior to the commencement of the term.
2.7 The balance of the rental, if any, is payable by the renter 30 days prior to the renter picking up the keys for Holiday Rental.
Amendments and Cancellations
2.8 Any cancellation or amendment must be in writing.
2.9 Bothy Enterprises may refuse to amend a booking once it has been confirmed in writing and any amendment or transfer of deposit to another booking will be at the sole discretion of Bothy Enterprises.
2.10 Bothy Enterprises may cancel a booking by notice in writing if the renter fails to make any payment due under this Agreement when that payment is due.
2.11 If a renter cancels this Agreement more than 30 days prior to the commencement of the term the deposit shall be forfeited by the renter. The balance of the rental will not be payable.
2.12 If the renter cancels this Agreement fewer than 30 days prior to the commencement of the term the rental will remain payable by the renter.
2.13 If Bothy Enterprises cancels this Agreement at any time prior to the commencement of the term Bothy Enterprises will refund the renter any money paid prior to cancellation.
3. Damage and Bond
3.1 The renter is responsible to Bothy Enterprises for all breakage, damage and destruction to any property, direct and indirect costs, fines incurred, charges from third parties arising, and damage caused to Holiday Rental (including any contents) during the term. The renter agrees to indemnify Bothy Enterprises against any losses or damages suffered by Bothy Enterprises as a consequence of the renter’s breach of its obligations under clause 3.1 and to immediately, on demand, reimburse Bothy Enterprises for all such costs.
3.2 On occasion, Bothy Enterprises may request a bond of $500.00 from the renter, to be held by Bothy Enterprises on trust until the end of the term. If a bond is held by Bothy Enterprises it shall not limit any liability of the renter under paragraph 3.1 above. The communication of a bond will be made prior to booking confirmation. This bond if required must be paid no less than 30 days prior to booking commences. The bond balance (if any) will be repaid within 7 days once full inspection of the house has been made. Should any quotes be required the bond will be held until this has been achieved.
4. Occupation of Holiday Rental
4.1 The renter must not permit more people to occupy Holiday Rental than the number stipulated by Bothy Enterprises in the booking confirmation or in the advertisement on the site.
4.2 The renter must not permit smoking in Holiday Rental. Smoking may be permitted within the boundaries of the property provided the renter ensures that all associated rubbish is removed at the end of the term.
4.3 Bothy Enterprises may enter the property and Holiday Rental at any time to inspect the property and Holiday House provided Bothy Enterprises gives the renter not less than 2 hours’ notice. Such notice shall be provided by phone and in writing.
4.4 Holiday Rental will be available for occupation from 2.00 p.m. on the day of arrival and must be vacated by 10.00 a.m. on the day of departure. The arrival and departure times may be varied by agreement between Bothy Enterprises and the renter in writing.
4.5 Bothy Enterprises must be provided with 48 hours’ notice of the requested arrival time of the renter so Bothy Enterprises may make arrangements in respect of the keys for Holiday Rental.
4.5 Bothy Enterprises accepts no responsibility for any loss, or damage, to any of the renter’s personal belongings at Holiday Rental.
5. Additional Facilities Available in Holiday Rental
5.1 If any additional facilities provided by Bothy Enterprises are used by the renter or the renter’s guests the renter uses those additional facilities at its sole risk.
6. Limitation of Liability
6.1 The parties’ liability in respect of this Agreement shall be limited to the value of the rental and other associated charges agreed at the time of booking. In no circumstances will Bothy Enterprises be liable for any consequential damages of any nature, however arising and regardless of whether Bothy Enterprises has been notified of the risk of them.
6.2 The renter’s limitation of liability under clause 6.1 shall not apply to liability arising under clause 3.1 or clause 9 of this Agreement.
7. Complaints
7.1 If the renter is not entirely satisfied with Holiday Rental they must immediately contact Bothy Enterprises.
7.2 In the unlikely event that a complaint of the renter is not addressed by Bothy Enterprises during the term, the renter may make their complaint, in writing, within 14 days after the end of the term.
8. Arbitration
8.1 Should any dispute arise between Bothy Enterprises and the renter which cannot be resolved by discussion between the parties, the matter shall be referred to an arbitrator agreed between the parties, or failing agreement, to an arbitrator appointed by the President at the time of the Arbitrators and Mediators Institute of New Zealand. Any such arbitration is to be carried out in accordance with the provisions of the Arbitration Act 1996 and all decisions will final and binding.
9. Insurance
9.1 The renter undertakes that it will not do, permit to be done, or omit to do, any action that does or may invalidate or adversely affect any insurance policy held by Bothy Enterprises in respect of Holiday Rental and/or its contents.
9.2 The renter agrees to indemnify Bothy Enterprises against any losses or damages suffered by Bothy Enterprises as a consequence of the renter’s breach of its obligations under clause 9.1.
10. Privacy Act 1993
10.1 Information collected by Bothy Enterprises about the renter is used by Bothy Enterprises to determine the credit worthiness of the renter, to operate Holiday Rental as a business, and to carry out Bothy Enterprises’s obligations under this agreement. The renter authorises Bothy Enterprises to exchange such information with third parties, including (without limitation) its agents used to manage Holiday Rental, credit and debt collection agencies, accountants and lawyers. The renter understands that if the renter defaults on any payment under this Agreement, that default may be listed with a credit and/or debt collection agency. Any information provided to a credit and/or debt collection agency may be made available by that agency to other users of that agency’s services.
11. Consumer Guarantees Act 1993
11.1 If Holiday Rental is being used by the renter for business purposes as that term is defined in the Consumer Guarantees Act 1993 then pursuant to the provisions of the Act the terms and guarantees of the Act do not apply to this transaction.
12. Residential Tenancies Act 1986
12.1 Bothy Enterprises and the renter agree that the term shall not exceed 120 days and this Agreement is not subject to the Residential Tenancies Act 1986.
13. Force Majeure
13.1 Neither party shall be liable to the other where such liability arises through a circumstance entirely outside the control of that party.