Waiheke Unlimited Terms of Rental

Following are the terms of agreement regarding the rental of our self-catering properties:

1. The property will be presented in a clean and tidy condition and is to be left in a similar condition. Guests are responsible for cleaning all utensils, and equipment, packing rubbish & replacing all consumable products, prior to departure. We will dispose of your rubbish. There are also ‘Throw’n’Go’ rubbish receptacles located in the car park at ferry terminals for your convenience, if you need them.

2. All linens are supplied, unless otherwise stipulated. (Beach towels can be arranged through the office at a nominal charge).

3. The property is fully furnished with everything required for holiday rental.

4. The lessee will ensure that the number of persons occupying the house is under no circumstances to exceed the numbers stipulated in your booking confirmation.

Failure to abide by this could see your tenancy terminated with no refund for the outstanding nights booked.

5. Any breakages repairs or damage caused by your negligence during the rental period will be your sole responsibility, and should damage or breakage occur or any items go missing or repairs need to be carried out then you will be fully responsible for the total cost of restoration to the original condition as at the date of the commencement of your rental period.

Any damage or breakages should be reported to the Waiheke Unlimited Office, prior to departure.

Damages/breakages and/or any additional cleaning charges or rubbish removal costs will be charged to the authorized credit card supplied if payment is not arranged with the office, and by signing this agreement you hereby authorize Waiheke Unlimited Limited to charge for repairs or replacements under this agreement, and balance payments as per clause 1. of the Confirmation and Cancellation Policy.

6. Neither Waiheke Unlimited Limited nor its directors and/or its managers or employees either personally or in their capacity as managers/directors/ employees are responsible for any problems that may affect your holiday arising from acts outside of their control.

7. Because of the quiet environment of Waiheke Island, noise travels, therefore we kindly ask you to respect neighbors and keep noise at acceptable levels. 

8. The arrival and departure times, are to be strictly adhered to unless otherwise agreed to by prior arrangement.

9. Please note that parties, weddings or functions are not permitted in any of the properties unless by prior agreement.

10. No pets allowed unless by prior arrangement.

11. No smoking is allowed in any of the properties - please smoke outside only. If smoking has occurred indoors, then you will be charged for removing the cigarette odor.

12. Bookings are accepted by us in good faith as Agents: We cannot be held responsible for actions taken by the owners of premises that are outside of our control, such as (i) the property is sold; (ii) the property is altered in any way; (iii) the property is withdrawn for letting; (iv) rates may be changed without notice, but will not affect existing bookings.

In any of the above or other circumstances, every reasonable endeavor will be made to find alternative accommodation.

13.Should a refund be approved, payment can only be made into the credit card that was charged on Booking or the Bank account from which the funds were transferred (proof will be required).

Confirmation & Cancellation Policy

1. A deposit of 50% of the total nights booked confirms the rental period, with the full outstanding balance being due and payable prior to arrival. Balance of payments will be applied to the same credit card used for the deposit (unless otherwise advised) within 7 working days of arrival.

2. The booking can be canceled with no penalty (except for any transaction fees that may be applicable such as credit card fees which will be charged at 3%) if made in writing within three (3) days (the grace period) from the date of this Confirmation.

3. Should events arise beyond the control of Waiheke Unlimited Ltd, regarding the availability of this property, then any confirmed booking may be canceled by Waiheke Unlimited Ltd, in which event, all monies paid as deposit shall be refunded in full, and the lessee shall have no further claims against Waiheke Unlimited Ltd nor its directors.

4. Force Majeure. Not withstanding the above clause re cancellation policy, these are applicable in normal times, however in events such as war, terrorism, earthquakes, hurricanes, acts of government, plagues or epidemics. Where the term epidemic, or pandemic, includes Covid-19. Our policy alters to being either a full credit to be used at a later stage, or should a payout be agreed too, this will be on the basis of a full refund less 30% of the total.

An act of government will have occurred where a government body has imposed travel restrictions, quarantines, or trade embargoes, or has closed buildings or borders

(Summer & Peak Season)1st October through 30 April plus all public holidays

1. Bookings canceled in writing within sixty (60) days (including the 3 days grace period) prior to the start date of the booking will incur a cancellation fee of 25% of the cost of the total nights booked.

2. Bookings canceled after sixty (60) days prior to the start date of the booking will, forfeit the entire 50% deposit, and incur a fee of the remaining 50%, being the outstanding balance of the total un-booked room nights, unless the exact booking dates are replaced, in which case a cancellation fee of 25% of the total nights booked will apply which will be deducted from the deposit held. There is no refund for early departure.

(Shoulder and Off Peak Season) May 1 through 30th September excluding public holidays

1. Bookings canceled in writing up to fourteen (14) days (including the 3 day grace period) prior to the start date of the booking will incur a cancellation fee of 25% of the cost of the total nights booked.

2. Bookings canceled after fourteen (14) days prior to the start date of the booking will forfeit the full deposit, and incur a fee of the remaining 50%, being the outstanding balance of the room nights booked, unless the exact booking dates are replaced, in which case a fee of 25% of the total cost of the remaining un-booked nights will apply which will be deducted from the deposit held.

3. There is no refund for early departure.

PAYMENT PLANS - TERMS AND CONDITIONS

Payment Plans are a great way for you to lock in your next holiday with Waiheke Unlimited. Waiheke Unlimited have some important terms and conditions that you need to be aware of before you go ahead with your Payment Plan. When you sign up to our payment plan, you are agreeing to our terms and conditions.

Who can take advantage of our Payment Plan?

Payment Plan users must:

• Be at least eighteen (18) years of age; and
• Have and maintain a valid credit card from an approved provider (Visa, Mastercard, AMEX and Union-pay only).

What bookings do Payment Plans apply to?

Payment Plan’s will be available (unless otherwise stated) for any bookings that are: Booked online via our website; and

• Are valued at $500 or more; and
• Bookings are made at least 30 days in advance of arrival; and
• Paying by accepted credit cards; and
• 2 or more payments will be made, in addition to your deposit, under the Payment Plan option before the first day of the Holiday; and

Payment Plans may be refused by Waiheke Unlimited for any reason, including but not limited to:

• suspected fraudulent behavior;
• guest(s) in the party who have previously contravened our rules/code of conduct; or
• any other reason at the discretion of WUN.

Making payments in the Payment Plan

Payment frequency is selected from the options provided by Waiheke Unlimited. These options may include weekly, fortnight or monthly time flows. The payment frequency may be subject to the booking processed date and must be paid in full 7 days prior to the date of your holiday. Please note: Once you have selected a payment frequency, the payment dates are fixed/automated and unable to be altered.

FIRST PAYMENT

The first payment of your Payment Plan will depend on the payment frequency you selected. Refer to the below table for further information:

FINAL PAYMENT

Full payment is due 7 days before the date of the holiday (unless otherwise specified). The final payment date and amount of your Payment Plan will be specified during the finalization of the booking process.

CHARGES

A 5% (of processed amount) admin fee applies per payment processed.

MISSED PAYMENT

If you miss a payment or have an outstanding payment for any reason under the Payment Plan, this must be paid at least 7 days before the date of the holiday.

PAYMENT INSTALLMENT AMOUNT

Each repayment / installment amount will be specified during the finalization of the booking process.

All payments are due to us will be collected by us in accordance within these terms and conditions. Where Waiheke Unlimited does not collect the full amount owed under the payment plan, but allows you (in its discretion), does not constitute a waiver of any debt payable by you to Waiheke Unlimited.

All payments are in New Zealand dollars. Where currency conversion fees apply, this is your complete responsibility.

WHAT HAPPENS IF YOU DON’T PAY

You should contact us if you have missed or know if you are going to miss a payment.

If you do not make or miss a payment under your payment plan and your plan remains in arrears (for any amount) for 2 or more instalments:

• your Holiday booking may be cancelled; and
• you may forfeit all repayments made under the Payment Plan; and
• you may not be entitled to a refund, subject to any statutory rights.

If you are in arrears on the day, which is 7 days before the date of the holiday; then

• your Holiday booking may be cancelled; and
• you may forfeit all repayments made under the Payment Plan; and
• you may not be entitled to a refund, subject to any statutory rights.

The above mentioned penalties are applied at the discretion of Waiheke Unlimited and in review of our standard Booking Terms and Conditions.

Cancelling my Payment Plan and/or holiday

You are able to cancel your Payment Plan. You will need to provide us with notice in writing. We may need to verify your identify before cancelling the Payment Plan.

The Payment Plan can be cancelled providing the final Direct Debit Date is at least 7 days from the date you notify us in writing. We can’t guarantee that we will be able to cancel the payment plan before your next installment is debited/charged.

General conditions of your Payment Plan

When you commence a Payment Plan with Waiheke Unlimited, you agree to the following:

• Your information provided to us must be accurate and complete. This includes providing us with your full legal name and correct billing information.  We require your current address, telephone number, email address and in some cases, date of birth or other proof of identification. Any information we hold will be stored in accordance with our Privacy Policy, however, some data may be stored with our service providers.
• Waiheke Unlimited will make reasonable efforts to ensure that the billing is correct, however, we will not be held liable for any loss, inconvenience or harm caused to you as a direct or indirect result of any act or omission by Waiheke Unlimited or third parties.
• If any of your details change or are become invalid (including your payment details such as your credit card), you must notify us as soon as possible. To avoid cancellation of the Payment Plan and/or booking, you will need to supply new details as soon as possible.
• Each payment date (or slightly before or after), we will debit you nominate payment method for the due amount.
• You will be liable for the total price of the Holiday as at the time of booking (i.e. the day of purchase). Any discounts, promotions or other changes to the tariffs advertised by Waiheke Unlimited will not apply to the cost of your Holiday retrospectively.
• You are allowed to make additional payments in installments during the Payment Plan Period, however, this will not necessarily change the payment plan debits unless the entire amount is paid.
• Waiheke Unlimited may cancel your Payment Plan arrangement should any two or more of your debit payments be returned or dishonored. Waiheke Unlimited are not liable for any fees associated with returned or dishonored payments.
• Your credit card statement will show the name “Waiheke Unlimited”, where you have booked your Holiday.
• For the avoidance of doubt any returned or dishonored payment will be required to paid before the Holiday. You should ensure that missed payments are rectified as soon as possible to avoid possible cancellation of your Holiday.
• Where the debit falls due on any day which is not a business day, the payment will be made on the next business or calendar day. If you are unsure when the debit will be processed to your credit card, you should ask your financial institution.
• You must ensure that there are sufficient funds available on your credit card so that the debit is successful.
• If your credit card payment is declined is unsuccessful, we will use reasonable endeavors to notify you that an amount is overdue. If the amount outstanding is not immediately paid, Waiheke Unlimited will reattempt the debit of your credit card again after 3 business days.
• Any queries concerning disputed debit payments must be directed to us.. Where we cannot resolve a query or dispute between us, your query or dispute may be referred to our bank (or other third-party supplier) who may ask you to provide information in connection with your query or dispute.
• Except to the extent that disclosure is necessary in order to process credit card payments, investigate and resolve disputed transactions or is otherwise required by law, we will keep details of your credit card payments confidential.

Your Statutory Rights

Waiheke Unlimited takes reasonable steps to ensure that these terms and conditions do not infringe on your rights as a consumer. Notwithstanding, these Terms and Conditions do not affect your statutory rights under New Zealand Consumer Law (ACL).

Termination

The Agreement may be terminated by Waiheke Unlimited at any time by notice in writing to you, if the Payment Plan has not been paid when due or you breach these Terms and Conditions.

Contact details, changes to our terms and conditions and notices

Waiheke Unlimited will give you notice in accordance with these Terms and Condition or any other part of the Agreement. We will usually notify you in writing, however, from time to time may reasonably notify you in other mediums.

During the period of the Payment Plan to the end of the Holiday, you will need to:

• maintain up-to-date contact details, including, mobile phone number, email address and postal address;
• contact us if you do not receive your invoice or any other notices, or suspect our records are incorrect; and
• maintain the security of your phone and email to ensure your personal details are secure

Privacy

Waiheke Unlimited stores and uses your data in accordance with applicable law and our Privacy Policy.

By commencing a Payment Plan with Us, you agree that you read, understand and agree to the terms of our Privacy Policy.

Governing Law

The Agreement (Payment Plan) is governed by the law of New Zealand.

Comments, queries and disputes

Where you have a comment, query or dispute in relation to this Agreement, you will first contact Waiheke Unlimited. Contact details can be found at www.waihekeunlimited.co.nz

If you are unable to find the contact details, email or call us: reservations@waihekeunlimited.co.nz / Phone: +64 9 372 7776

PRIVACY POLICY

Information We Collect

The Personal Information that we may collect broadly falls into the following category:

Information you provide to us: During the course of engaging with us you may provide Personal Information about yourself. Personal Information is often, but not exclusively, provided to us when you make an accommodation booking or make use of our Services, consult with our staff, send us an email, integrate a Service with another website, or communicate with us in any other way.

We will let you know prior to the collection of any information whether the Personal Information we are collecting is compulsory or if it may be provided on a voluntary basis and the consequences, if any, of not providing the information. By giving us this information, you agree to this information being collected, used and disclosed as described in this privacy policy.

Use of Personal Information

We may use the Personal Information we collect through the Services or other sources for a range of reasons, including:

• To bill and collect money owed to us by you.

This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and those third parties collect billing information to process your orders and credit card payments.

• To send you system alert messages.

For example, we may inform you about check-in procedures, temporary or permanent changes to your booking, information about power outages or water shortages, and any changes to this privacy policy.

• To communicate with you about your booking and provide customer service/support.

•  To meet legal requirements,

Including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.

•  To provide information to representatives and advisers,

Including attorneys and accountants, to help us comply with legal, accounting, or security requirements. 

• To prosecute and defend a court, arbitration, or similar legal proceeding. 

• To respond to lawful requests by public authorities,

Including to meet national security or law enforcement requirements. 

• To provide, support and improve the Services. 

For example, this may include sharing your information with third parties in order to provide and support our Services or to make certain features of the Services available to you. When we share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this privacy policy and applicable privacy laws.

• To provide Marketing material to you, which can include Special Deals or new property listings. 

• Other purposes. 

To carry out other legitimate business purposes, as well as other lawful purposes about which we will notify you.

Data Protection Rights

You may have the following data protection rights:

• To access, correct, update or request deletion of Personal Information. We take reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. You may contact us directly by emailing us at reservations@waihekeunlimited.co.nz, to either access, correct, update or delete any such information.

Be aware that requesting deletion, unlike unsubscribing from specific emails, is total and irreversible. This means that we will also lose record of you having ever been on our systems, including any previous instructions you have given us opting out of specific emails types. If you re-join our systems, by voluntarily providing your personal information, you will appear to us as a completely new data subject. This does not affect your other rights in any way.

• In addition, individuals who are residents of the EEA can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting us using the contact details provided.
• Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent
• The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request.

Your Choices and Opt-Outs

Guests and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the "unsubscribe" link at the bottom of our marketing messages.

Also, all opt-out requests can be made by emailing us using the contact details provided.

Links to Other Web Sites

This privacy notice does not cover the links within this site linking to other websites. Those sites are not governed by this Privacy Policy, and if you have questions about how a site uses your information, you’ll need to check that site’s privacy statement.

Our Security

We take appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. 

Property Owner login access requires a username and password to gain access. Members must keep their username and password secure, and never disclose it to a third party.

If you have any questions about the security of your Personal Information, you may contact us.