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PART A: RENTAL AGREEMENT

RELEASE WANAKA / RENTAL AGREEMENT

This contract represents the entire agreement between the Client & Release NZ Limited T/A Release Wanaka (RW) and can be changed only in writing signed by both parties. The Client acknowledges that RW does not own any rental properties and is acting as agent for the property owners.

1. BOOKINGS & PAYMENT

Bookings made within 60-days from the rental date:
The total price shown on the website booking page shall be paid immediately.

Bookings made more than 60-days from the rental date:
The Client shall pay a non-refundable deposit of 50% of the total price. Payment of the balance is due 60-days before the rental period and payable by the Client on receipt of an invoice for the balance.

The booking is not confirmed until:

  1. The deposit or full payment has been received by RW, and
  2. written confirmation is given to the Client from RW.
Other payments

a) A one-off booking management fee is required for every confirmed booking.
b) Any additional costs detailed in the confirmation invoice that is over and above what is included in the nightly rate.

The total price includes reasonable use of the property and services such as gas, electricity, and water unless stated otherwise. The total price may also include additional services such as additional cleaning requests and personal services such as private chefs or housekeeping, as agreed between the Client and RW and confirmed in writing.

Please note that any credit card fees and bank transfer fees will be payable by the Client. Visa, MasterCard and Amex credit card transactions will incur a 3.5% surcharge. Payments made by international wire transfer will incur a $NZ 25.00 bank fee per payment.

All quoted prices are in New Zealand dollars and are inclusive of GST. RW is not liable or responsible for transactional charges passed on to Clients by credit card institutions, banking institutions or merchant service providers (international or domestic). RW processes payments and refunds in New Zealand Dollars as per our advertised rates and in adherence with our cancellation policies.

Bond

A fully refundable security bond is required for every stay. The amount will depend on the nightly rate of the property, but will be a minimum of $NZ 1,000. An authority will be placed on your credit card – this will be released back to you, once we have confirmed that there is no excessive cleaning required, excessive rubbish to be removed, and any loss or damages to the property.

A credit card authorisation is required by RW as security against the Client’s failure to perform the obligations set out in these Terms & Conditions and the Bond does not cover the costs incurred by the Client.

Peak times

The minimum night stay requirement listed for each individual property is indicative only. These may increase during peak seasons and peak times of the year at the discretion of RW.

2. NUMBER OF OCCUPANTS AND MAXIMUM PERSONS

Unless written authorisation is provided by RW:

a) The total number of guests staying at the property may not exceed the number of sleeping places specified in the promotional material or booking site.
b) The booking is valid for the number of persons as indicated on the booking request.
c) The Client must be present and onsite at the property throughout the stay, unless agreed in writing by RW. If the Client does not stay during the booking but the Client’s guests do, the Client will still be legally responsible for all the obligations under these terms and conditions and the guests compliance with them.

RW reserves the right to refuse entry or evict the Client and all guests if the Client fails to comply.

3. ARRIVAL AND DEPARTURE TIMES

A standard check in, is between 3pm and 5pm on the first day of the booking. A $NZ 175.00 call out charge will apply if a staff member or representative from RW needs to wait outside these hours or returns at another time, unless agreed by prior arrangement.

Check out time is 11am on the last day of the booking. Late departures may incur additional charges plus any additional staff or cleaning waiting time costs. If there is any damage to the property, we will require you to notify us prior to your departure. Accounts must be settled in full prior to departure.

If you require special arrival/departure times, please contact us ahead of time and we will try to arrange for the changes.

Please note: Lost keys will result in a charge of $NZ 175.00. Lost garage remote controls will incur a minimum charge of $NZ 175.00. These charges will be either deducted from the bond or debited to the credit card provided.

4. CLIENT OBLIGATIONS AND RESPONSIBILITIES

The Client agrees to comply with these Terms & Conditions and the Guest Rules as set out in Appendix One. The Client is responsible for all guests and visitors and must ensure they comply with all applicable Terms & Conditions and Guest Rules.

5. PETS

Well-behaved pets may be allowed on a case-by-case basis at the discretion of RW. Where a pet is permitted to stay at the property, the Client will be liable for any damage caused as a result.

6. CONDITION OF PROPERTY ON DEPARTURE

The Client is expected to leave the property in a neat and tidy condition on departure.

This includes:

6.1. attending to dishes
6.2. returning all items to the original position
6.3. all food items removed from the fridge
6.4. placing rubbish and recycling in appropriate bins

Any excessive cleaning, loss or damage to the property caused by the Client or their guests, or debts or charges incurred will be itemised and charged to the Client.

7. NUISANCE CAUSED BY OTHERS

Neither RW nor the property owner accept any responsibility for any disturbances to the Client arising from work being carried out on any neighbouring property. The Client shall not be entitled to any compensation or refund arising from any such disturbance, whether due to road works, construction or any other nuisance or annoyance outside the control of RW or the property owner.

8. CANCELLATION, CHANGES AND REFUNDS
Cancellation by Client

RW will not refund any payments made by the Client, where the Client cancels the booking. In the event of cancellation after payment has been made, RW will approach the property owner and will endeavour to obtain a credit for a future stay in the property. If the property owner agrees, RW will issue a statement of account in confirmation.

Cancellations after arrival will be subject to a 100% cancellation fee. If after arrival, Clients are dissatisfied with any aspect of their accommodation and decide to terminate their stay, the amount to be refunded, if any, is at the discretion of RW.

Transfers and changes to reservations are only permitted at the discretion of RW and may incur an administration fee of NZ$ 350.00 and other reasonable charges. You will not receive any refund if you leave the property early.

Villas, holiday homes and apartments are not commercial entities like hotels. Properties offered by RW must be booked far in advance and are not easily re-rented. We strongly recommend Clients take out Travel Insurance to protect against cancellation charges, medical expenses or other unforeseen circumstances, which preclude the client from travelling.

Force Majeure/COVID 19

If a force majeure event renders it unlawful, impossible, or unsafe for the booking to be completed, then neither parties are in breach of this agreement. A force majeure event is an event or circumstance which is outside the control of the parties, for example acts of God, flood, storms, earthquake, hurricane, natural disaster, fire, explosion, warfare or other hostility, an act or threat of terrorism, invasion or infestation, embargo, strike, riot, interruption to transportation, pandemic, government laws or regulations or restrictions, or any hazardous situation.

If a force majeure event occurs, then RW reserves the right to relocate guests to alternative accommodation or to transfer the booking.

  • If the Client cannot proceed with the booking, the Client may postpone and 100% of funds received will be held as a credit against the same property for a future booking.
  • Credits are initially held for 12 months and are subject to availability.
  • If the Client does not wish to take advantage of the 100% credit, we will offer a refund minus an administration fee equal to 20% of your total booking cost.

RW will not be liable for non-performance of this agreement and its obligations where a force majeure event prevents performance of this agreement.

A change in gathering rules or any other restrictions or requirements imposed by the New Zealand Government due to COVID-19, is not a force majeure event where the booking can still proceed but in a different manner as originally planned or the rules mean the circumstances of the visit change. This could include a limitation on the number of guests at the property or an event you are planning to attend must be cancelled.

Change or Cancellation by Property Owner / Release Wanaka

In the event of any change or cancellation by the property owner, RW shall inform the Client promptly and shall endeavour to offer the Client substitute properties. Should the Client accept a substitute property of their choice, the Client will pay or receive the difference in rate for the new property.

In the event of changes or complete cancellation, RW’s liability will be limited to the refund of 100% of the amount paid. In no event will RW be responsible for any consequential or incidental damages, including travel expense, alternative lodging, or other expense.

9. LIABILITY

RW does not exclude or limit in any way our responsibility to the Client where it would be unlawful to do so.

The Client acknowledges and agrees that they shall take all reasonably necessary steps to ensure my own personal safety and the health and safety of others (including employees and contractors) and agrees to comply with any reasonable health and safety directions given by RW and/or homeowner.

Any facilities at the property which are available for the Client’s use will be used at their own risk and neither RW nor the property owner accept any responsibility for injury or loss suffered because of such use. RW shall not be responsible or liable for any accident, loss, damage, injury, or inconvenience arising from the rental. All such claims are acknowledged to be solely between the Client and the Property Owner. RW will not represent the Client in respect of any such dispute.

The Client acknowledges that all personal items and vehicles (including vehicle contents) belonging to the Client, and their guests and invitees remain the Client’s responsibility. Neither RW nor the property owner accept any responsibility for loss or damage to such items.

The Client is responsible for any call out charges incurred through damage or misuse of alarms, appliances, electronics or excessive use of services.

If RW’s insurance policy is used to cover damage caused by guests, the Client will be liable for any excess.

RW is not liable for loss of profits, and/or consequential, indirect or special loss or damages suffered by the Client, arising directly or indirectly by RW’s breach of this agreement or from any negligence or other act or omission by RW. Any liability is limited to the total price paid by the Client under this agreement.

Every reasonable effort has been made to describe the property as fully and as accurately as possible. All bookings are made and accepted based on the descriptions contained on our website and RW does not accept any liability if the property does not meet guest expectations.

The Consumer Guarantees Act 1993 does not apply if the property is used for business purposes. If the act does apply, nothing in these terms and conditions will limit or exclude your rights under this act.

10. PROMOTIONAL INFORMATION

RW has taken care to ensure the accuracy of all information and descriptions on its website and promotional material at the time prepared. However, nothing in those materials shall be treated as a term or condition of this agreement. RW shall not be liable regarding any difference of opinion as to the condition or quality of the properties, or the surrounding area, nor for temporary defects or stoppages of any utilities. Properties may not always appear exactly as pictured or described due to normal wear and tear, changes in furnishings and changes after materials were prepared.

11. COMPLAINTS & DISPUTES

Should any problem occur with the property, the Client must immediately (within 24 hours) notify RW. The Client should allow the owner or manager reasonable time to remedy the problem, or to find a suitable replacement property.

Unless there is an emergency, vacating the property without RW’s authorisation does not constitute an adequate cause for a refund. The Client is responsible for informing RW of any complaint and allowing it a reasonable opportunity to remedy the problem during the rental period; failure to do so will void any claim following the rental period.

If any complaint or dispute arises under this agreement, the parties will meet, in good faith, to discuss and attempt to resolve the dispute by negotiation. If that process does not result in resolution, then the dispute may be referred by either party to the Disputes Tribunal. A dispute does not excuse either party from performing its obligations under the Terms & Conditions.

12. CONSEQUENCES OF BREACH

If you do not comply with these terms and conditions, your occupancy of the property may be terminated with immediate effect and all amounts paid by you for the remaining nights of your stay will be forfeited.

Any breach will result in: bond forfeiture, possible eviction from the Property with no refund and/or fines and additional Costs charged per breach:

Noise/nuisance behaviour call out – $NZ 800.00
Evidence of use as a party venue – $NZ 2000.00
Deodorizing due to smoking – $NZ 800.00
Lost keys or remote – $NZ 175.00
Excessive cleaning – $NZ 80.00 per hour
Excessive rubbish removal – $NZ 80.00 per hour
Damages and breakages – Charged at cost to repair damage plus $NZ 80.00 per hour fee.

13. GENERAL TERMS

Jurisdiction: RW and the Client agree that the contract shall be governed by New Zealand Law, and that exclusive jurisdiction over all disputes arising out of the contract shall be in the courts located in New Zealand.

Entire Agreement: The booking form on the website, these terms and conditions and any other documents specifically referred to in this document, constitutes the entire agreement between RW and the Client and may not be varied except in writing signed by both parties.

Indemnity: The Client undertakes to indemnify RW for any loss, damage, or expense (including costs on an as between solicitor-client basis) suffered or incurred because of any breach by the Client of this agreement or in recovering or attempting to recover any moneys due and such loss, damage or expense shall be moneys due for the purpose of these terms and conditions.

Severance: If any provision of this agreement is or becomes unenforceable, illegal, or invalid for any reason it shall be deemed to be severed from this agreement without affecting the validity of the remainder of this agreement and shall not affect the enforceability, legality, validity, or application of any other provision of this agreement.

Contracts Privity: These terms and conditions are for the benefit of, and are intended to be enforceable by, the property owner under Part 2, subpart 1, Contractual Privity – Contract and Commercial Law 2017.

APPENDIX ONE – CLIENT RESPONSIBILITY & RULES

The Client agrees to:

Comply with the property’s compendium located at the property.

Comply with the guest rules relating to the use of spa pools, if applicable.

Notify RW immediately of any damage or defect in respect of the property or its fixtures and fittings, or the failure of any mechanical or electrical appliances in the property. Damages and breakages will be charged at cost to repair damage plus $NZ 175.00 service fee.

Ensure that they and their guests act responsibly and act with respect towards other guests, neighbours, the property owner & RW staff. This includes observing quiet hours between 10pm and 7am each night.

Obtain approval for the erection of any temporary structures on the property (e.g. tents or tarpaulins) prior to making your booking.

Ensure children are always supervised by a parent or responsible adult.

Keep all doors and windows locked whenever the property is left unoccupied. A call out due to lost keys or lockout will attract a non-negotiable minimum fee of $NZ 175.00.

Allow RW, or our agents and contractors, to have access to the property at all reasonable hours during the day to carry out repairs or other works to the property.

Pay for all telephone calls made from the property and all other services provided to you at the property.

Ensure that the internet connection is used for legal purposes only. The Client will be responsible for any illegal downloads during their stay.

Adhere to the departure time.

Not engage in any disruptive behaviour. RW reserves the right to demand a person acting in such manner to leave the property. If this occurs, the bond would be forfeited and there would be no refund of any rental payment.

The Client agrees not to:

Do anything that adversely affects or compromises any insurance for the Property.

Rearrange, change or remove any furniture, fixtures, installations, artwork or fittings at the property.

Use the property for any improper, immoral or illegal purpose, nor consume any illegal substances whilst on the premises.

Smoke inside the property or in the immediate surrounding outside areas. Should tobacco odour be noted during your stay, or at checkout, you will forfeit your Bond plus incur additional cleaning and fumigation costs starting at $NZ 800.00.

In addition:

Increased occupancy, vehicle traffic, excessive noise, or illegal activity, will result in a $NZ 800.00 penalty fee, eviction, and the forfeiture of all prepaid rentals. This penalty fee will be charged either by way of your security deposit or to the credit card provided.