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BOUTIQUE RETREATS

EST 2010

ENQUIRIES@SONGBIRDRETREAT.CO.NZ | +64 (0) 21 500 279 | WWW.SONGBIRDRETREAT.CO.NZ

58 FROST ROAD, MATHESON BAY, AUCKLAND, 0985

GST NO. 123-864-301

 

Boutique Retreats (Trading as Songbird Retreat) Booking Terms and Conditions

 

Please take the time to read these Booking Terms and Conditions, we appreciate that it is tempting to skip the content but these things are important. We have written the Booking Terms and Conditions to describe clearly booking policies and procedures and to clarify the contractual relationship between you and ourselves, the owners of the property. If you require any help or advice please contact us.

 

1. DEFINITIONS

2. OUR CONTRACT WITH YOU

3. CHANGES TO BOOKING OR TERMS

4. PROVIDING ACCOMMODATION & RESTRICTIONS

5. SECURITY BOND

6. PRICE AND PAYMENT

7. LEGAL RIGHTS AND ARBITRATION

8. OUR LIABILITY TO YOU

9. EVENTS OUTSIDE OUR CONTROL

10.  YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

11.  OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

12.  INFORMATION ABOUT US AND HOW TO CONTACT US

13.  HOW WE MAY USE YOUR PERSONAL INFORMATION

14.  OTHER IMPORTANT TERMS

 

 

1. DEFINITIONS

1.1  When the following words with capital letters are used in these Terms, this is what they will mean:

1.1.1  Accommodation: the period of time for which We provide accommodation at the Property to You as set out in the Booking and agreed by Us;

1.1.2  Booking: your request for the Accommodation as made via our website booking form or over the phone;

1.1.3  Check-in Date: the date (and time) on which the Accommodation will begin and the Property will be made available to you;

1.1.4  Event Outside Our Control: is defined in clause 9;

1.1.5  Property: the property as defined within the Booking;

1.1.6  Property Specific Terms: specific restrictions applicable to a Property as provided to You by Us;

1.1.7  Terms: the terms and conditions set out in this document, the Property Specific Terms and any other terms providedto you by Us; and

1.1.8  We/Our/Us: Boutique Retreats, a partnership established in the UK, now operating in New Zealand trading as Songbird Retreat whose registered office address is 58 Frost Road, Matheson Bay, Auckland, 0985 with GST number 123-864-301.

1.2  When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

 

2. OUR CONTRACT WITH YOU

2.1  These are the terms and conditions on which We provide the Accommodation to you.

2.2  The Property is only the property as detailed in the Booking.

2.3  Please ensure that you read these Terms carefully, and check that the details on the Booking and in these Terms arecomplete and accurate, before you submit the Booking. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.

2.4  When you submit the Booking to Us, this does not mean We have accepted your order for Accommodation. Our acceptanceof the Booking will take place as described in clause 2.5. If We are unable to supply you with the Accommodation, We willinform you of this in writing and We will not process the Booking.

2.5  These Terms will become binding on you and Us when We issue you with a written acceptance of a Booking, at which pointa contract will come into existence between you and Us.

2.6  If you make a Booking over the phone then these Terms will apply to such Booking.

2.7  The maximum number of people who can stay in the Property will be notified to you as part of the Booking process. You promise that you will not exceed that number.

2.8   You promise that you will arrive at and leave the Property at the dates and times in the Booking (unless you notify usotherwise and we agree the same in advance). Your Accommodation will not be available at any time outside of the timesreserved by you. We reserve the right to make a reasonable additional charge (whether by retaining the security bond orotherwise) in the event that you have not left the Property by the agreed departure time.

2.9   Whilst we keep our illustrations, photographs and other imagery as up to date as possible, any illustrations, photographsand other imagery displayed are for illustrative purposes only and subject to change.

2.10  The activities that may be shown in our literature are outside our control and are not supplied by us. If you wish to carryout any activity at or near the Property, we strongly recommend that you book the activity with the relevant provider.

2.11  You confirm that you are over the age of 18.

2.12  Once your Booking has been confirmed, We agree to provide your Accommodation in accordance with clause 4.

2.13  We agree to meet the minimum standards as required by us to ensure the Property is suitable for your Accommodation, including but not limited to, health and safety measures, basic facilities and maintenance of the same etc.

2.14  You can cancel this contract in accordance with clause 10.

 

3. CHANGES TO BOOKING OR TERMS

3.1  We may revise these Terms from time to time in the following circumstances:

3.1.1  changes in how We accept payment from you;

3.1.2  changes in relevant laws and regulatory requirements; or

3.1.3  if We have a valid commercial reason to do so.

3.2  If We have to revise these Terms under clause 4.1, we will give you at least 14 days written notice of any changes tothese Terms before they take effect. You can choose to cancel the contract in accordance with clause 10.

3.3  You may request a change to the Booking for Accommodation by contacting Us. Any changes to the Booking:

3.3.1  are permitted at the sole discretion of Us;

3.3.2  may incur an administrative charge of $50 (including GST); and

3.3.3  that results in a change in the total price of the Accommodation, We will notify you of the amended price in writing. If you do not wish to accept the amended price then the Booking shall remain as originally placed.

3.4  If you wish to cancel a Booking before the Check-in Date for Accommodation, please see your right to do so in clause 10.

 

4. PROVIDING ACCOMMODATION & RESTRICTIONS

4.1  We will supply the Accommodation to you for the period set out in the Booking.

4.2  The maximum number of people who can stay in the Property will be notified to you as part of the Booking process. Youmay not exceed that number.

4.3  We will make every effort to make the Accommodation available to you on time. However, there may be delays due to anEvent Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.

4.4  If you do not pay Us for the Accommodation when you are supposed to, access to Accommodation will not be permitted.

4.5  Pets are not permitted in the Property.

4.6  Smoking is strictly prohibited at the Property.

4.7  Broadband internet access is offered in the property. This is on the basis that We do not promise that the service will be available constantly and that it is provided for recreational and not for business use. Neither a minimum speed, unrestrictedbandwidth nor uninterrupted provision of an internet access service can be guaranteed and We will not be liable for any form ofcompensation or expenses claimed by any guest in respect of the provision of internet services or telephone services not being available or failing.

4.8  You shall take proper care of the Property and its contents during the Accommodation and may lose your security bond (asdefined in clause 5) and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which it is found at the beginning of the Accommodation.

 

5. SECURITY BOND

5.1  A security bond will be required to be paid by you in respect of damage to the Property, damage or loss of contents, damageor loss to keys, excessive or incorrect use of facilities (including, but not limited to, telephones, internet, and other amenitiesprovided at the Property).

5.2  We will inform you of the amount of the security bond to be paid. 50% of the security bond will need to be paid when the booking is confirmed and 50% when the balance of the booking is due in accordance with Clause 6.

5.3  If the security bond payment is not received before the Check-In Date we reserve the right to cancel the Accommodation and terminate this contract.

5.4  We reserve the right to invoice you and/or attempt to charge your card details (where provided) in order to recoverreasonable costs if the security bond paid under this clause is insufficient to repair or replace any damage caused to the Property and/or its contents during your Accommodation.

5.5  We will assess the Property after your Accommodation and will:

5.5.1  provide you with a refund of the deposit made under this clause;   or

5.5.2  inform you of the amount to be retained; or

5.5.3  inform you of the amount to be further charged or a combination of any of the above at Our discretion.

 

6. PRICE AND PAYMENT

6.1  The price of the Accommodation will be set out at the time you place your Booking and when We confirm your Booking.

6.2  Payment may be made by debit/credit card via an online payment method (such as PayPal or Stripe) or bank transfer.

6.3  Bank transfers must be in cleared funds by the deadlines for payment as set out in this agreement and any bank or transfer charges shall be borne by you.

6.4  Payment may only be made in the currency as shown in the Booking.

6.5  Where GST is chargeable, it is included in the sums given. If the rate of GST changes between the date of the Booking andthe date of delivery or performance, We will adjust the rate of GST that you pay, unless you have already paid for theAccommodation in full before the change in the rate of GST takes effect.

6.6  You must pay a minimum deposit of 50% of the total cost of the Accommodation and the Security Deposit at the time youplace your Booking and the balance of the price at least 30 days before the Check-In Date, unless the Check-In Date is lessthan 30 days from the date of the Booking, in which case the full balance of the price and Security Bond must be paid at thetime you place your Booking.

6.7  If you fail to pay the balance of the cost of your Accommodation/Security Bond upon request and before the Check-In DateWe will attempt to charge your card details (where provided) for the sum of the balance amount which may be subject to adiscretionary administrative charge of no more than $50 (including GST) and you hereby authorise us to do so.

6.8  If you do not make any payment due to Us by the due date for payment, We may cancel your Accommodation andterminate this contract. In these circumstances, your rights to a refund are set out in clause 10.

 

7. LEGAL RIGHTS AND ARBITRATION

7.1  As a consumer, you have legal rights in relation to Accommodation not offered to you with reasonable skill and care, or ifthe Service is not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

7.2  The full extent of Our liability is as set out in the Agreement at sections 8 and 9 respectively.

7.3  Should any dispute arise between Us which cannot be resolved by discussion between Us, the matter shall be referred to an arbitrator agreed between Us, 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.

 

8. OUR LIABILITY TO YOU

8.1  If We fail to comply with these Terms for the Booking of Accommodation, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damagethat is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they werecontemplated by you and Us at the time We entered into this contract. For the avoidance of doubt, We are not responsible forany transport and/or alternative accommodation costs.

8.2  Neither party limits its liability for;

8.2.1  death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

8.2.2  fraud or fraudulent misrepresentation.

8.3  We do not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings or vehicles, howsoever caused.

8.4  We only supply the Property for domestic and private use. You agree not to use the Property for any commercial, business or re-sale purpose, and the We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you do wish to use the Property for a commercial purpose, please contact Us.

8.5  We do not limit our liability to you for breach of the terms implied by the The Fair Trading Act 1986 and the Consumer Guarantees Act.

 

9.    EVENTS OUTSIDE OUR CONTROL

9.1   No party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control.

9.2   Should any event or circumstance beyond Our reasonable control occur which means the Property cannot be provided toyou, We will inform you as soon as possible so a refund can be arranged for you.

 

10.  YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

10.1  You may cancel a Booking for Accommodation up to 30 days before the Check-In Date by contacting Us in writing with a copy of your invoice/booking confirmation. We will confirm your cancellation in writing to you.

10.2  If you cancel a Booking under clause 10.1, the deposit for the accommodation made at the time of placing the Booking willnot be refunded to you. The deposit proportion of the security bond will be refunded to you.

10.3  Where you have cancelled a Booking because of Our failure to comply with these Terms or if We change these Termsunder clause 3.1 and you elect to cancel the contract (except where We have been affected by an Event Outside Our Control),you do not have to make any payment to Us.

10.4  If you cancel a Booking for Accommodation less than 30 days prior to the Check-In Date and we are unable to offer the Accommodation to another party we reserve the right to invoice you for an amount up to 100% of the cost for Accommodationas outlined in the Booking.

10.5  Once you have accessed the Property or the Check-In Date has passed (whichever is earlier), you may only cancel thecontract for Accommodation by giving Us written notice if We:

10.5.1  break this contract in any material way;

10.5.2  go into liquidation or a receiver or an administrator is appointed;

10.5.3  change these Terms under clause 3.1 and you elect to cancel the contract; or

10.5.4  are affected by an Event Outside Our Control.

 

11.  OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

11.1  We may have to cancel a Booking before the start date for the Accommodation, due to an Event Outside Our Control orthe unavailability of key personnel or key materials without which We cannot provide the Accommodation. We will promptlycontact you if this happens.

11.2  If We have to cancel a Booking under clause 11.1 and you have made any payment in advance for Accommodation thathave not been provided to you, We will refund these amounts to you.

11.3  We may cancel the contract for Accommodation at any time with immediate effect by giving you written notice if You:

11.3.1  do not pay Us when you are supposed to. This does not affect Our right to charge you interest at the rate of 8%per year; or

11.3.2  break the contract in any other material way.

 

12.  INFORMATION ABOUT US AND HOW TO CONTACT US

12.1  If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning us on +64(0) 21 500 279 or by contacting us by email at enquiries@songbirdretreat.co.nz.

12.2  If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail at enquiries@songbirdretreat.co.nz. We will confirm receipt of this byreplying to your e-mail. If We have to contact you or give you notice in writing, We will do so by e-mail to the address youprovide to Us in the Booking.

 

13.  HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1  We will use the personal information you provide to Us to:

13.1.1  provide the Accommodation;

13.1.2  process your payment for Accommodation; and

13.1.3  inform you about the Accommodation prior to your arrival; and

13.1.4  inform you about special offers or similar information relating to the Property. You may stop receiving theseat any time by contacting Us.

13.2  All data you provide to us will be treated in accordance with the Privacy Act 1993.

 

14.  OTHER IMPORTANT TERMS

14.1  We will provide you with a comprehensive digital property guide for your reference. The digital property guide will contain allthe information required to enjoy your stay together with recommendations for things to do and places to visit. In the interests of security, you agree to keep such sensitive information confidential and will not print or discuss the contents of the digital property guide with any person not included in the booking party.

14.2  We may transfer Our rights and obligations under these Terms to another individual, but this will not affect your rights orOur obligations under these Terms.

14.3  You acknowledge that the We may enforce any and all of the Terms of this agreement against you.

14.4  Except for You and Us, no other person shall have any rights to enforce any of its terms. No-one other than such individuals as are listed in the Booking may enjoy the Accommodation.

14.5  Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of themare unlawful, the remaining paragraphs will remain in full force and effect.

14.6  If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights againstyou, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do nothave to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

14.7  These Terms are governed by New Zealand law. All parties agree to submit to the non-exclusive jurisdiction of the New Zealand courts.