Terms and Conditions
1. Terms of the Agreement
1.1 These terms apply when the owner of a property (the “owner”), or the owner’s authorised manager or agent, offers to rent the property (“the Bach”) to a renter (the “renter”). Under this Agreement, the renter agrees to rent the Bach from the owner and the owner agrees to rent the Bach to the renter on the terms of this agreement (the “Agreement”).
2. Bookings/Cancellation of Bookings
2.1 A booking is made when a renter contacts the owner of the Bach located at 231E Te Akau Coast Road, Te Akau, the owner and renter agree to rent the Bach for the term for a price (the “rental”), and the renter pays the full amount due upon booking. Confirmation of a booking will be provided to the renter once the full payment has been received by the owner.
2.2 At the time of booking the owner may set out terms and conditions in addition to those in this Agreement (“additional terms”) which may include, without limitation, terms relating to farm rules, fly in/fly out rules. The renter agrees to comply with the additional terms, including any terms set out in the site listing for the Bach, as if they were set out in this Agreement.
2.3 Subject to the cancellation provisions of this Agreement, once a booking is confirmed in writing by the owner the renter is liable for the balance of the rental together with any extra costs or fees set out in the additional terms.
Payment of Rental Accommodation
2.4 The full balance of the rental is due upon booking.
Amendments and Cancellations
2.5 Any cancellation or amendment must be in writing.
2.6 Amendments or cancellations to the booking can be made up to 7 days (168 hours) prior to the booking check-in day/time.
2.7 The owner may cancel a booking by notice in writing if any farm operations unexpectedly arise that will require use of the farm access driveway and/or will be in close proximity to the Bach location on the farm.
The owner may cancel a booking if the farm access driveway to the Bach location becomes unsafe for driving including but not limited to slips or tree falls.
2.8 If a renter cancels their booking 7 days (168 hours) or more prior to the booking check-in time/date the owner will return the full payment received.
2.9 If the renter cancels their booking less than 7 days (168 hours) prior to their booking check-in time/date the owner reserves the right to retain the full booking amount at their own discretion.
3.1 The renter is responsible to the owner for all breakage, damage and destruction to any property, direct and indirect costs, fines incurred, charges from third parties arising, and damage caused to the Bach (including any contents) during the term. The renter agrees to indemnify the owner against any losses or damages suffered by the owner as a consequence of the renter’s breach of its obligations under clause 3.1 and to immediately, on demand, reimburse the owner for all such costs.
4. Occupation of the Bach
4.1 The renter must not permit more people to occupy the Bach than the number stipulated by the owner in the booking confirmation or in the advertisement on the site.
4.3 The renter understands there are red zones throughout the farm which are no-go zones at all times and can contain possible hazards including but not limited to farm stock, uneven/loose terrain. These red zones are clearly labelled on the Farm Map here.
The renter understands the green zones are accessible for their stay on the farm.
The renter understands the yellow zone is accessible but to use caution at all times and be aware of ocean tides, rocks, uneven or loose terrain.
The renter understands that they enter the yellow zones at their own risk and the owner accepts no responsibility for any loss, damage or injury to the renter or renters personal belongings.
4.4 The renter must not permit smoking in the Bach. Smoking may be permitted within the boundaries of the property provided the renter ensures that all associated rubbish is removed at the end of the term.
4.5 The owner may enter the property and the Bach at any time to inspect the property and Bach provided the owner gives the renter not less than 2 hours’ notice. Such notice shall be provided by phone and in writing.
4.6 In the case of an emergency or request for personal assistance by the renter, notice by phone call only is acceptable for the owner to enter the property.
4.7 The Bach will be available for occupation from 1.30 p.m. on the day of arrival and must be vacated by 11.00 a.m. on the day of departure. The arrival and departure times may be varied by agreement between the owner and the renter in writing.
4.8 The owner must be provided with 48 hours’ notice of the requested arrival time of the renter so the owner may make arrangements in respect of the keys for the Bach.
4.9 The owner accepts no responsibility for any loss, or damage, to any of the renter’s personal belongings at the Bach.
5. Additional Facilities Available in the Bach
5.1 If any additional facilities provided by the owner are used by the renter or the renter’s guests the renter uses those additional facilities at its sole risk.
Off the Grid Airstrip
5.2 If the renter is using the airstrip for arrival and departure, use shall be limited to, landing, taking off, taxing, parking, loading, alighting, repairing, boarding or any other activity related to the aircraft.
5.3 The renter/pilot acknowledges they have evaluated all information available to them regarding the suitability of the airstrip for landing their particular aircraft prior to landing and satisfied themselves of and assessed any risk of hazards on or around the airstrip.
Should the pilot of the aircraft have any concerns about the airstrip and landing their aircraft on it, prior to taking off from their original location all questions regarding the airstrip should be directed to:
phone: 021 30 26 10
Airstrip information is available to the renter/pilot here.
5.4 The renter/pilot understands that the airstrip is checked regularly, including 24 hours prior to a renter landing by aircraft for any debris, potholes, damage from stock and any other surface irregularities.
5.5 Where using the airstrip for arrival and departure, the pilot of the aircraft understands they are responsible for the safety of themselves, any passengers and their aircraft. The pilot must use his/her own discretion as to whether they land on the airstrip once a visual assessment is made prior to landing their aircraft.
5.6 The renter/pilot understands the owner is not liable for any damage or injury sustained by the renter, pilot, their passengers or the pilots aircraft during the operation of their aircraft.
5.7 The renter/pilot understands they are liable for any damage or injury caused to any persons, livestock or property by their operation of their aircraft.
6. Limitation of Liability
6.1 The parties’ liability in respect of this Agreement shall be limited to the value of the rental and other associated charges agreed at the time of booking. In no circumstances will the owner be liable for any consequential damages of any nature, however arising and regardless of whether the owner has been notified of the risk of them.
6.2 The renter’s limitation of liability under clause 6.1 shall not apply to liability arising under clause 3.1 or clause 9 of this Agreement.
7.1 If the renter is not entirely satisfied with the Bach they must immediately contact the owner.
7.2 In the unlikely event that a complaint of the renter is not addressed by the owner during the term, the renter may make their complaint, in writing, within 14 days after the end of the term.
8.1 Should any dispute arise between the owner and the renter which cannot be resolved by discussion between the parties, the matter shall be referred to an arbitrator agreed between the parties, 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.
9.1 The renter undertakes that it will not do, permit to be done, or omit to do, any action that does or may invalidate or adversely affect any insurance policy held by the owner in respect of the Bach and/or its contents.
9.2 The renter agrees to indemnify the owner against any losses or damages suffered by the owner as a consequence of the renter’s breach of its obligations under clause 9.1.
10. Privacy Act 1993
10.1 Information collected by the owner about the renter is used by the owner to determine the credit worthiness of the renter, to operate the Bach as a business, and to carry out the owner’s obligations under this agreement. The renter authorises the owner to exchange such information with third parties, including (without limitation) its agents used to manage the Bach, credit and debt collection agencies, accountants and lawyers. The renter understands that if the renter defaults on any payment under this Agreement, that default may be listed with a credit and/or debt collection agency. Any information provided to a credit and/or debt collection agency may be made available by that agency to other users of that agency’s services.
11. Consumer Guarantees Act 1993
11.1 If the Bach is being used by the renter for business purposes as that term is defined in the Consumer Guarantees Act 1993 then pursuant to the provisions of the Act the terms and guarantees of the Act do not apply to this transaction.
12. Residential Tenancies Act 1986
12.1 The owner and the renter agree that the term shall not exceed 120 days and this Agreement is not subject to the Residential Tenancies Act 1986.
13. Force Majeure
13.1 Neither party shall be liable to the other where such liability arises through a circumstance entirely outside the control of that party.
14. Further Information
14.1 Should site visitors require further information or have questions relating to Off the Grid Terms and Conditions please contact:
phone: 021 30 26 10