Rental Terms and Conditions

  1. Acceptance of these Terms

These conditions (“the Terms”) form the agreement between the renter (“you”) and Dwell Waiheke (“us”) in relation to your booking of an Accommodation through us. You acknowledge that in booking your stay you are agreeing to these Terms and that you will be held fully responsible for any breach of these Terms caused by you and/or any Guests.

  1. The Accommodation

“Accommodation” means the house, apartment or other dwelling you have booked and includes its chattels, fixtures & fittings and all other owner contents.

  1. Guest

“Guest” includes you and all those people (including infants) staying overnight with you at the Accommodation, as well as any invitees who may visit the Accommodation during the stay.

  1. Our role

You agree that we are a booking agent only and any dispute arising with regard to availability or the standard of the Accommodation is solely between you and the owner of the Accommodation (“the owner”).

  1. Payment, Booking, Modification and Cancellation

Accommodation will not be considered booked until you receive written confirmation of such, and this is not ordinarily given until your payment and/or credit card details are received.

The total accommodation charge and nature & timing of all payments required will be outlined to you at the time of booking.

Where you book via a partner-website (e.g. Booking.com, Bookabach) and you are advised of modification and cancellation conditions by them, you are entitled to rely on those where they are different to this section 5. Notwithstanding this, you agree that you are still bound by all other conditions in these Terms.

Where you have booked directly with us or the owner of the Accommodation, or for whatever reason you were previously not advised of payment, modification and cancellation terms, the following will apply:

  • A $50 administrative fee will be payable for all cancellations/modifications regardless of when they occur.
  • Guest cancellation/modification 60 days or more out from arrival will not incur a penalty.
  • Guest cancellation/modification between 30 and 60 days of arrival will incur a penalty of 50% of the total accommodation charge unless the Accommodation is rebooked for the same booking period.
  • Guest cancellation/modification within 30 days of arrival will incur a penalty of 100% of the total accommodation charge unless the Accommodation is rebooked for the same booking period.
  • No refunds are given for early departure.
  1. Arrival and Departure Times

The Accommodation will be ready for occupation at 2.00 pm on the day of arrival and must be vacated by 10.00 am on the day of departure. Failure to comply with these times may incur a surcharge.

  1. Care and security of the Accommodation

You are responsible for the Accommodation during your stay and you acknowledge that you will abide by the guest information booklet (a copy is provided at the Accommodation) and that you will similarly make other Guests aware of this booklet and relevant conditions in these Terms.

You agree that you will:

  • keep the Accommodation in a clean, liveable condition and in good repair (subject to reasonable wear and tear);
  • clean and keep free from blockages and obstructions all baths, sinks, lavatories, cisterns, drains, gutters, pipes, chimneys and the like;
  • to be safe and lock doors and windows at night time, whenever the Accommodation is unattended, and on check out. If the Accommodation has an alarm system you also agree to ensure that it is set whenever you leave the Accommodation unattended;
  • You will not change or install any locks on any doors or windows nor have additional keys made for any locks;
  • clean all crockery, cutlery, the oven and BBQ, and dispose of rubbish as advised; and
  • leave the Accommodation in a clean and tidy state and all furniture returned to the place in which it was found on arrival.  
  1. Security Deposit/Bond

You agree that we may charge/use any credit card/security deposit, provided by you, to cover costs relating to Accommodation damage, breakages, cleaning or any other breaches of these Terms caused by any Guests (see section 16 and 20 below) .

For the avoidance of doubt, recovery of such costs is not limited to the amount of security deposit taken or secured against the credit card.

  1. Occupancy and accommodation use

The maximum number of Guests occupying the Accommodation overnight will be stated on your booking confirmation and on our website at: www.dwellwaiheke.co.nz. We may terminate this agreement if the maximum number of Guests is exceeded, and if within 12 hours of notification to you (or sooner if we have reasonable grounds to do so), you have not reduced the number of Guests to the maximum number or less.

You agree that the Accommodation may be used for holiday use only, for the period specified and that no right to remain in the Accommodation exists beyond the specified date and time.

Tents, caravans and any other similar additional accommodations are prohibited.

  1. Quiet Enjoyment and Parties

You agree that all Guests will respect the rights of neighbors in regard to noise.  Loud music is not permitted after 11pm. You agree to respect local council noise regulations at all times.

You agree to notify us immediately of any material complaints made in respect of Guests’ behaviour as soon as you become aware of them.

No house parties or events are permitted without our/the owner’s consent in writing.

  1. Linen and Exit Cleaning

The charge for linen hire and exit cleaning is included in the total accommodation charge. This charge does not include a change of linen during your stay. Should you require a change of linen or extra clean (e.g. for longer stays), you must request this in advance, and an additional charge will apply.

Unless otherwise agreed with us, the linen provided includes bed sheets, pillowcases, bathroom towels,  bath mats, face cloths, and tea towels. Beach towels are not provided. Any additional linen requirements can be arranged with us, but will incur additional charges.

  1. Risks and Insurance

The use of the Accommodation and any additional amenities provided during your stay are entirely at Guests’ risks. We/the owner do not accept any responsibility for any injury or loss to Guests or their belongings, including but not limited to any car, its contents, or any baggage or personal belongings. Guests’ personal effects will not be insured by us/the owner.

You agree that Guests will not do anything which would in any way invalidate or adversely affect the validity or viability of any insurance policy maintained by the owner/us.

  1. No Animals

Animals are expressly prohibited in the Accommodation or its immediate surroundings, unless we/the owner give you written consent. Where consent is given, animals must not be left unattended at the Accommodation and you are fully responsible for any waste or damage caused by them.

  1. No Smoking

Smoking is not allowed anywhere inside the Accommodation. If smoking is permitted outdoors, you agree to properly dispose of all cigarette butts.

  1. ‘Child friendly’ Accommodation

Any Accommodation advertised as ‘child friendly’ is to the best of our knowledge suitable for children. However every child and family has different needs so you accept full responsibility for checking the detail with us to enable you to make the decision whether the Accommodation suits Guests’ needs. Children are to be supervised at all times by a parent or responsible adult.

  1. Damage & Additional Costs

You are legally responsible for all Accommodation breakages, damage and losses that may occur during the holiday (whether caused by you or other Guests) and we may demand that you meet the cost of any repair or replacement required, including any costs we incur personally in handling the issue (e.g. call outs). Any damage or breakage must be immediately reported to us.

You agree that any costs incurred by Guests in using the Accommodation’s telephone will be on charged to you.

  1. Force Majeure and/or the Accommodation becoming unavailable

We are not responsible for non-availability or early termination of this agreement caused by any matter, of any type or nature whatsoever without limitation, which is beyond our control.

Should the Accommodation become unavailable for any reason, we will use our best endeavours to find a satisfactory alternative. However, you accept that where we can not find a replacement property, we can cancel your booking and will refund all payments made.

You agree that our/the owner’s total combined liability is limited to the amount you have previously paid in relation to the Accommodation.

  1. Accommodation Maintenance

Whilst we/the owner agree to keep the Accommodation in reasonable order, wear & tear on rental property is unavoidable.  Please notify us as soon as a problem arises/ exists and we will rectify matters as reasonably as possible given the circumstances.

  1. Your Personal Information and our Privacy Policy

In taking and processing your booking (via email, our website, associated booking websites or any other means) you have given us basic personal information about you/Guests, such as name, email address and payment details which are crucial for us to provide services in relation to the stay.

You agree that we may use this personal information to assist us to provide services such as verify your/a Guest’s identity, take payment from you/Guests, for internal research purposes, and to generally assist you/Guests prior to, during and after the stay,. Where you have opted in, we may also your your data to contact you/Guests for marketing purposes. 

We will not release any of this personal information to any third party (other than our appointed representatives), unless we believe release is appropriate for legal compliance and law enforcement.

You have the following rights in respect of the data we hold about you/Guests:

  • Right to be informed: the right to ask us about your/Guests’ personal data, how it is used, and why it is being used at any time.
  • Right of access: you can request a copy of personal information at any time.
  • Right of rectification: you can update (or request updates to) personal information at any time.
  • Right of erasure: you may request that we erase your/Guests’ personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data.
  • Right to object: you can unsubscribe at any time from emails or communications.
  1. Termination for a breach of these Terms

You agree where you/Guests do not adhere to any of the conditions above, we/the owner will have the right to immediately terminate these Terms where such breach is material in our view. In such circumstances you agree that all Guests will vacate the Accommodation immediately if requested.  No refund will be due or paid for any unused Accommodation nights where this occurs.

Where we do not consider the breach to be material, we will give you a reasonable opportunity to remedy it. If it is not remedied, it will be considered material and we will be entitled to follow the steps outlined immediately above.