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 & equipment, and packing rubbish, 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, additional cleaning, additional rubbish removal or damage caused by your negligence, whether deliberate or accidental, during the rental period will be your sole responsibility. Should damage or breakage occur, 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, repair charges, additional cleaning charges and excess rubbish removal charges will be charged to the authorized credit card supplied. 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.

Indemnity for Property Damage

The Guest agrees to indemnify and hold harmless the Property Owner from and against any and all claims, damages, losses, and expenses, including but not limited to legal fees, arising out of or resulting from any damage to the property caused by the Guest or their invitees. The Guest shall be responsible for the cost of repairs or replacements necessary to restore the property to its original condition. In the event of damage, the Guest agrees to notify the Property Owner immediately and to cooperate fully in the resolution of the matter. The Property Owner reserves the right to charge the Guest's credit card for any damages not covered by the security deposit.

Default and Declined Transactions

In the event of a declined credit card transaction or failure to make payment within the specified time, the Guest shall be liable for all costs incurred by the Property Owner in recovering the outstanding amounts. These costs may include, but are not limited to, debt collection fees, court costs, legal fees, and any other disbursements related to the enforcement of this agreement. The Guest agrees to pay interest on overdue amounts at the rate of 2% per month until the outstanding balance is paid in full.

Default and Declined Transactions

In the event of a declined credit card transaction or failure to make payment within the specified time, the Guest shall be liable for all costs incurred by the Property Owner in recovering the outstanding amounts. These costs may include, but are not limited to, debt collection fees, court costs, legal fees, and any other disbursements related to the enforcement of this agreement. The Guest agrees to pay interest on overdue amounts at the rate of 2% per month until the outstanding balance is paid in full.

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 neighbours 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. If by prior arrangement a pet is permitted onto the property any damage or additional cleaning required as a consequence of the pet is payable by the guest.

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 odour.

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.

If any of the above or other circumstances prevent you from completing your stay, every reasonable endeavour 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).

14. Prohibited activities in our properties include anything that is illegal in New Zealand law. If you are found to be committing any illegal or prohibited acts at one of our properties you will be asked to leave immediately and no refund will be given. You may also be responsible for any specialist cleaning or maintenance required as a consequence of your activity. Prohibited activities include, but are not limited to the following:

• Illicit drugs: Illegal or restricted drugs such as opium, opiates, opioids, coca and cocaine, amphetamine-type stimulants, central nervous system depressants and hallucinogens shouldn’t be present or used at a property unless prescribed by a physician for a medical condition.

• Drug production or manufacturing: a property must not be used to produce or manufacture illegal drugs from raw materials and/or plants.

• Drug cultivation: a property must not be used for raising or growing plants from which illegal drugs are refined.

• Drug distribution: a property should not be used to sell, gift, traffic or distribute drugs including cannabis.

CONFIRMATION & CANCELLATION POLICY

Please note that cancellation windows and cancellation policies may vary depending on the booking platform used. If your booking was made through a booking portal – i.e. Airbnb, Bookabach, Booking.com or Expedia or any of their subsidiaries, the cancellation terms agreed to on that portal take precedence over the standard cancellation terms and conditions outlined below. Please refer to the terms agreed to with the booking platform.

If your booking was made directly with Waiheke Unlimited – i.e on www.waihekeunlimited.co.nz or by phone or email, our standard cancellation terms are as follows:

BOOKINGS PLACED ON OR BEFORE 04/12/24

1. Bookings cancelled in writing outside of thirty (30) days (including the 3 days grace period) prior to the start date of the booking are eligible for a full refund less any bank or credit card charges.

2. Date changes may be made to bookings at any time outside of thirty (30) days prior to the start date of the booking.

3. Bookings cancelled within thirty (30) days of the start date of the booking will be charged 100% of the booking value (other than those cancelling within the 3 day grace period), and will be invoiced for any outstanding balance of the total booking value.

4. There is no refund for early departure or no-shows.

5. The thirty (30) day cancellation window and 3 day grace period may not be considered reset if a reservation is postponed or placed into credit due to circumstances outlined in clause 20 (Force Majeure). Therefore, the original cancellation dates apply. (i.e. you cannot move your booking due to Force Majeure and then cancel because your new booking is more than 30 days away).

6. Except in the case of Force Majeure (Clause 10), date changes requested within the thirty (30) day cancellation window will be considered at the sole discretion of Waiheke Unlimited. If agreed to, the original booking cancellation dates will apply.

BOOKINGS PLACED AFTER 4/12/24

1. Bookings cancelled in writing outside of seven (7) days (including the 3 days grace period) prior to the start date of the booking are eligible for a full refund less any bank or credit card charges.

2. Date changes may be made to bookings at any time outside of seven (7) days prior to the start date of the booking.

3. Bookings cancelled within seven (7) days of the start date of the booking will be charged 100% of the booking value (other than those cancelling within the 3 day grace period), and will be invoiced for any outstanding balance of the total booking value.

4. There is no refund for early departure or no-shows.

5. The seven (7) day cancellation window and 3 day grace period may not be considered reset if a reservation is postponed or placed into credit due to circumstances outlined in clause 20 (Force Majeure). Therefore, the original cancellation dates apply. (i.e. you cannot move your booking due to Force Majeure and then cancel because your new booking is more than 7 days away).

6. Except in the case of Force Majeure (Clause 10), date changes requested within the seven (7) day cancellation window will be considered at the sole discretion of Waiheke Unlimited. If agreed to, the original booking cancellation dates will apply.

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7. An upfront 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. A 3% credit card fee will apply to all credit card payments, alternatively you may pay via bank transfer to avoid credit card charges.

8. The booking may be cancelled 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 - even if this occurs within the normal cancellation window.

9. Should events arise beyond the control of Waiheke Unlimited Ltd, regarding the availability of this property, then any confirmed booking may be cancelled 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.

10. Force Majeure. 

In events such as war, terrorism, severe weather events, plagues or epidemics -- where the term epidemic, or pandemic includes Covid-19 -- where the guest is unable to travel due to an act of government*:

International Visitors

If you are visiting from an overseas territory and you are outside of your cancellation window, you will not be eligible for any compensation, including date changes or credits. We strongly advise that you acquire a travel insurance policy that covers you in such an eventuality.

Domestic Visitors

If you are visiting from within New Zealand you will be eligible for free of charge date change or full credit to be used at a later stage up to 12 months later. Additional charges may apply if the date change requested is in a higher tariff period.

*An act of government will have occurred where a regional or national government body has imposed travel restrictions, quarantines, trade embargoes, or has closed borders, preventing you from completing your journey.

Travel advisories issued by government agencies do not constitute an act of government.

Decisions to cancel or terminate travel services by individual companies (i.e. flight or ferry cancellations) do not constitute an act of government

Waiheke Unlimited must be instructed in writing prior to the arrival date of any government restrictions that prevent a guest from completing their stay. 

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 behaviour;
• 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 / instalment 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 instalment 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 instalments 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 dishonoured. Waiheke Unlimited are not liable for any fees associated with returned or dishonoured 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 dishonoured 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 endeavours 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