Amazing Accom (AA) is an online accommodation booking and payment website that both Renters and Property Owners/Managers use equally. The two core functions of the website are:
a) To provide Renters with quality accommodation solutions in a safe online environment that is logical, easy to use, and fully automated. When an accommodation booking is completed online, the Renter is automatically connected with the property Owner/Manager to directly organise the check in and arrival time.
b) To provide Property Owners/Managers with a completely automated, safe and logical online environment in which they easily manage and control all aspects of their property listing, in order to get fully automated streamlined bookings.
AA is not a property management company and takes no responsibility for Property Owner/Manager related issues.
This agreement is between the Property Owner/Manager and Renter. The Renter, and Property Owner/Manager agree with the following Terms of Tenancy.
1.1. Terms are defined in clause 20 - If you don't understand or accept a term; phrase; clause; terminology; or anything is this agreement please contact: Operations@AmazingAccom.com prior to accepting this Terms of Tenancy agreement.
2.1. Deposit payment - If the start date of the Tenancy is more than 60 days from the date of booking the Renter is required to pay 50% of the total rent payable to secure the Accommodation at the time of booking. 2.2. Final payment - The final balance of 50% must be paid and received by AA at least 50 days prior to the start date (check in). A final payment email will be sent to your nominated email address 60 days prior to check in. Failure to pay any final balance will result in the accommodation being offered to other potential renters. 2.3. Full payment - If the start date of the Tenancy is within 60 days of the date of booking the Renter is required to pay 100% of the total rent payable to secure the Accommodation at the time of booking online.
3.1. In the highly unlikely event that the Renter booked and paid online, and then the property Owner/Manager confirms a booking was received from another source at the same time and the accommodation is no longer available for these exact dates, the renter is entitled to a full reversal of the funds received by AA. 3.2. In the highly unlikely event that the Renter booked and paid online, and then the property Owner/Manager confirms the price was accidentally processed incorrectly, the Renter can then choose whether to re book it at the correct price, and when choosing not to re book the Renter is entitled to a full reversal of the funds received by AA.
Note: All property Owners/Managers get one chance only, before they are deactivated from AA for breaching clauses 3.1 and 3.2
All changes to bookings depend on the Cancellation policies chosen by each Owner/Property Manager. Refer to the relative Property Owner/Manager’s listing. AA does not take responsibility nor endorses the application of any chosen policy.
4.1. FAIR (60 days). If the Property Owner/Manager applies a Fair Cancellation Policy, Within 60 days of the start of the Tenancy all bookings are final, non-refundable, and not transferable. Refer to online property listing. Refer to online property listing. 4.1.1. RELAXED (30 Days). If the Property Owner/Manager applies a Relaxed Cancellation Policy, within 30 days of the start of the Tenancy all bookings are final, non-refundable, and not transferable. Refer to online property listing. 4.1.2. EASY (7 days). If the Property Owner/Manager applies an Easy Cancellation Policy, within 7 days of the start of the Tenancy all bookings are final, non-refundable, and not transferable. Refer to online property listing. 4.1.3. If the booking made originated from a 3rd party provider and the Renter agreed to further Terms and Conditions at the time of booking relating to Changes to Bookings, then the renter may be subject to those third party Terms and Conditions and the listed policies on AA may be overridden. 4.2. All proposed requests for changes to bookings must be in writing and sent by the Renter to the Property Owner/Manager, and AA. 4.2.1 The Renter has one free of charge booking change admin fee, however any additional changes incur a $100 USD administration fee. 4.2.2. AA is entitled to bank its non-refundable commission fee upon booking confirmation being sent, unless clauses 3.1 or 3.2 occur, in this case the amount received will be reversed, or transferred to another booking, whatever the renter prefers.
All Cancellation Policies are selected by the Property Owner/Manager. Refer to the relative Property Owner/Manager’s listing. AA does not take responsibility nor endorses the application of any chosen policy.
5.1. A service fee of 6% on the total booking value will be charged for any cancellation made and deducted from the refunded deposit amount. 5.2. FAIR (60 days) If the Property Owner/Manager applies a Fair Cancellation Policy, the Renter can cancel up to 60 days prior to the start of the Tenancy. 5.2.1. Cancellation requests must be made in writing and received by the Property Owner/Manager, and AA, at least 60 days before the start of the Tenancy. 5.2.2. The Renter will receive a full refund to the value of the deposit paid/funds received by AA except a service fee (as in clause 5.1). 5.3. RELAXED (30 Days) If the Property Owner/Manager applies a Relaxed Cancellation Policy, the Renter can cancel up to 30 days prior to the start of the Tenancy. 5.3.1. Cancellation requests must be made in writing and received by the Property Owner/Manager, and AA, at least 30 days before the start of the Tenancy. 5.3.2. The Renter will receive a full refund to the value of the deposit paid/funds received by AA except a service fee (as in clause 5.1). 5.4. EASY (7 days) If the Property Owner/Manager applies an Easy Cancellation Policy, the Renter can cancel up to 7 days prior to the start of the Tenancy. 5.4.1 Cancellation requests must be made in writing and received by the Property Owner/Manager, and AA, at least 7 days before the start of the Tenancy. 5.4.2 The Renter will receive a full refund to the value of the deposit paid/funds received by AA except a service fee (as in clause 5.1). 5.5. If the booking made originated from a 3rd party provider and the Renter agreed to further Terms and Conditions at the time of booking relating to Cancellations, then the renter may be subject to those third party Terms and Conditions and the listed policies on AA may be overridden. 5.6. In the highly unlikely circumstances that a booking is made, and the Property Owner/Manager then vets the renter and/or tenants of, and are deemed to be inappropriate for the property booked, then the Property Owner/Manager must email AA fair provable evidence within 10 days of when the booking confirmation was sent, as to why the renter or tenants of have been deemed inappropriate. If AA senior management agree with the property Owner/Manager then the booking will be canceled, and AA will reverse the renters funds received. 5.7. A minority of property Owners/Managers require the Renter to agree to further Tenancy Terms and Conditions, specific to its accommodation after booking online with AA. If the Renter does not wish to be bound by a Owner/Property Manager's additional terms and conditions for any reason, then the Renter can cancel the booking and AA will reverse the funds received, providing AA have been notified within 5 days after booking online.
6.1. Renters can transfer a booking to a different time. This entitlement is subject to the following conditions: 6.1.1. The new booking is for the same Property booked. 6.1.2. The request for transfer is received in writing by AA on or prior to the date that is 30 days prior to the commencement date of the original booking; 6.1.3. The new booking is completed within one year from the commencement date of the original booking date; 6.1.4. The total amount of rent payable by the Renter on the new booking is equal to or greater than the total rent payable on the original booking. If the rent payable on the new booking is less there will be no refund for the difference. Conversely, the Renter will pay the difference if the rent for the new booking is more. Any amount previously paid by the Renter in relation to the original booking will be credited to the new booking. 6.1.5. The Renter has one free of charge transfer admin fee, however any additional changes/transfers incur a $100 USD administration fee. 6.2. The Renter will not receive any refund when vacating the Accommodation early and before the confirmed booking finish date. 6.2.1. When transferring a booking to a later future date than the original booking date, any amounts not paid relative to the original total booking value must be settled in full as per original booking and notified due dates. Once full payment is made the booking can be transferred to the nominated dates. New dates must be nominated at the time of transfer. 6.3. Alternatively, if the Renter could not use the accommodation for the dates booked, then the Renter may gift the accommodation to another nominated person for the dates booked, providing full payment of the total booking value is received by AA prior to check in.
7.1. In the event of non-payment of rent on the dates agreed, or, in the event of a breach in any of the Tenancy Terms and Conditions, the Property Owner/Manager is entitled to terminate the Renter's Tenancy. In this case the Owner/Property Manager and AA, will not owe any compensation to the Renter. 7.2. When necessary the Property Owner/Manager can use local authorities to enforce eviction, including the police, and enforcement entities.
8.1. The Renter agrees to provide credit card details upon or prior to check-in to the Property. The details are held by the Property Owner/Manager as security against the Renter's failure to perform the obligations set out in clause 9. below. See Renters Promises. 8.2. In addition to clause 8.1 or instead of a credit card security bond, the Property Owner/Manager has right to ask for a cash bond upon or prior to check-in. 8.2.1. The cash bond will be an amount equivalent up to 1 nights accommodation relative to the average night paid for the duration of the Tenancy. The cash bond is held by the Property Owner/Manager, and is repaid at the time of check out, or after a post accommodation inspection has been taken out (clause 12) within 5 working days of the completion of the Tenancy, or upon the final resolution of a damages dispute. 8.3. The Renter authorises the Property Owner/Manager to debit the credit card, or deduct from a cash bond any money due to the Property Owner/Manager, upon final resolution of any dispute between the Renter and the Property Owner/ Manager. 8.4. In the event that there is a problem with the credit card being debited the Renter agrees to immediately pay the amount owing to the Property Owner/Manager in cash, bank cheque or by electronic funds transfer of cleared funds to an account specified by the Owner/Property Manager.
9.1. The person booking online is a minimum of 21 years of age or older, and at least 50% of all the tenants/occupants will be over the age of 21 years of age. Family groups with Parents present during the duration of the entire Tenancy are exempt from this clause. 9.2. The Renter's promises in this clause apply equally to the Renter's guests/visitors and the Renter is fully liable for any breach. The Renter and its guests/visitors must comply with the Tenancy Terms and Conditions, or face immediate eviction with loss of rental funds paid, and/or bond. 9.3. The Renter promises to use the Property for the maximum number of occupants as stated in the property listing on the AA website, or number of tenants paid for. 9.4. The Renter is allowed a maximum of 10 guests/visitors (additional to the number of tenants) at the Property in any one time, unless otherwise agreed in writing by the Property Owner/Manager prior to check-in. 9.5. If any of the furniture, fixtures and fittings of the Accommodation are damaged beyond what is Reasonable Wear and Tear, the Renter will, at its sole cost, repair or replace the damaged items before the end of the Tenancy when possible, or within 14 days of the end of the Tenancy if the item requires time to source, replace and deliver. The Property Owner/Manager must be notified of any damages prior to check out. 9.6. Not cause nuisance or annoyance to the Property Owner/Manager; other Renters; or any neighbours. In the event that noise control (enforcement) or a neighbour contacts the Property Owner/Manager about excessive noise levels, and as a strict deterrent for this anti-social behaviour, the Property Owner/Manager may in its sole discretion deduct from the Tenants credit card or cash bond up to $300 USD (equivalent in local currency) upon providing proof in writing to a Renter of the complaint received. In the event that any of the Property Owner/Manager stereo equipment is seized by any authority from the Property, the Renter must promptly recover and return such equipment, at its sole cost. 9.7. Keep free from blockages and obstructions all baths, sinks, lavatories, cisterns, drains, gutters, pipes, chimneys and the like; 9.8. Keep clean the insides of all windows and replace any glass or mirrors which break for any reason; 9.9. Report to the Property Owner/Manager any disrepair or defect in respect of the Property, or the fixtures and fittings, and report any failure of mechanical or electrical appliances as soon possible; 9.10. Seek approval for temporary structures (e.g. tents or tarpaulins) to be erected on the Property prior to completing the booking online; 9.11. Not operate a business at the Property, or use it for any improper, immoral or illegal purpose; 9.12. Not assign, sublet, charge or part with or share possession or occupation of all or part of the Property; 9.13. Pet policies are typically specified online relative to each Property. When not specified the Tenant must seek approval to bring any pet prior to booking online. 9.14. Allow the Property Owner/Manager, or Contractors access to the Property at reasonable hours during the day, to carry out repairs or other works to the Property, or to carry out maintenance of the fixtures and fittings. The Renter will give immediate access at anytime in the event of an emergency; and 9.15. Pay for all telephone calls made from the Property during the Tenancy. 9.16. Whenever the Property is left unattended, the Renter will fasten all locks to all doors and windows to prevent unauthorised access to the Property. The Renter will not change or install any locks on any doors or windows nor have additional keys made for any locks without the prior written consent of the Property Owner/Manager. Lost keys or locked out calls that require the Property Owner/Manager or contractors to attend to, will incur recovery and reinstatement costs and time charges, proven in writing to the renter.
10.1. The property Owner/Manager will provide an Information Booklet/House Rules at the Property which contains: 10.1.1. Contact details for the Owner/Property Manager for the efficient and effective resolution of any problems relating to the property during the Tenancy. 10.1.2. Details of waste management (including rubbish collection days and recycling requirements etc..) 10.2. The Property Owner/Manager will not pay the Renter compensation for any inconvenience due to work being carried out in the common areas of the Accommodation, or neighbouring buildings, or due to road works, or any other nuisance or annoyance out of the Property Owner/Manager's control.
11.1. Standard check in is from 3pm. Alternative arrangements may be possible but must be requested prior to check in. 11.2. Check out is by 10pm. Alternative arrangements may be possible but must be requested prior to check out. 11.3. While cleaning at the end of the Tenancy is generally included as part of the service to the Renter, the Renter is responsible for any excessive cleaning costs beyond what is considered fair and reasonable. 11.4. At the end of the Tenancy the Renter will return all keys to the Property Owner/Manager or comply with such arrangements for the return of the keys. The return of the keys will not be deemed a waiver by the Property Owner/Manager of its right to claim compensation for any breach of the Tenancy Terms and Conditions.
12.1. At the end of the Holiday Tenancy the Property Owner/Manager reserves the right to inspect the Property. 12.2. If the Property Owner/Manager is not satisfied as to the condition of the Property, the Property Owner/Manager may propose a sum to be deducted from the Renter's credit card or cash bond. The Owner/Property Manager must provide a written breakdown of any deduction proposed. 12.3. If the Renter does not agree to the sum claimed, the Property Owner/Manager will obtain a written quote for the cost of rectification from two independent third party contractors and provide them to the Renter. 12.4. The Property Owner/Manager may then accept the lowest quotation and pay for the work. The Property Owner/Manager will provide the Renter with a copy of the contractor's receipt. The Renter is responsible for immediate payment to the Property Owner/Manager upon receiving a copy of the contractor's receipt.
13.1. The Renter will not do anything that could adversely affect the Property Owner/Manager’s insurance over the Property. 13.2. The personal effects of the Renter will not be insured by the Property Owner/Manager. The Renter acknowledges that all personal items and vehicles (including vehicle contents) of the Renter remain the Renter's responsibility and the Property Owner/Manager accepts no responsibility for loss or damage. 13.3. In the event that the Renter uses facilities at the Property including, but not limited to, kayaks, dinghies, bicycles, trampolines, spas and swimming pools, such use is entirely at the Renter's own risk at all times and the Property Owner/Manager accepts no responsibility for any injury or loss to the Renter. Children are to be supervised at all times by a parent or responsible adult.
14.1. To the fullest extent possible at law, AA does not make any representations or give any express or implied warranties of any kind in relation to any Property ,or any product or service featured on this website. The Renter's use of AA services is at its sole risk.
15.1. Any grievance or complaint leading to a dispute is between the Renter and the Property Owner/Manager. AA will not act on the Renter's or the property Owner/Manager behalf in any dispute. 15.1.1. If a party considers that a dispute has arisen, it may issue a written Dispute Notice to the other party, setting out reasonable particulars of the matter in dispute. For a period of 20 working days after a party receives a Dispute Notice, the parties shall with best endeavours and in good faith negotiate to attempt to resolve the dispute and shall provide to the other party all information with respect to the dispute which is reasonably requested by the other party 15.1.2. If the dispute has not been resolved within 20 working days after receipt of the Dispute Notice, or within such further period as the parties agree in writing, the parties shall attempt to settle the dispute by mediation before having recourse to any other Dispute resolution processes which may be available to the parties; 15.1.3. If the dispute has not been resolved within 20 working days, or within such further period as the parties agree in writing, after the commencement of mediation, then either party may exercise other legal rights which may be available to it. Except where the dispute renders it impossible to do so, the parties will continue performing their respective obligations under the Tenancy while a dispute is being resolved. 15.2. Each Party will use its best endeavours to ensure that, where a dispute is reasonably foreseeable, it is dealt with at a sufficiently early stage to ensure that there is a minimum effect on the ability of any party to perform its obligations under this Agreement. 15.3. Notwithstanding the above, nothing in this clause 15. prevents the Renter or the Property Owner/Manager from seeking urgent equitable relief before an appropriate court. 15.4. The Renter and Property Owner/Manager are liable for its own individual costs in relation to any dispute. Irrelevant of the outcome, the individual costs incurred by each party cannot be claimed against each other.
16.1. Notices are required in writing and must be served by email, courier or post.
17.1. The parties' addresses and contact details are specified in the booking confirmation email.
18.1. If the Renter or the Property Owner/ Manager do not exercise or enforce any right available to it under the Terms and Conditions, it does not constitute a waiver of those rights. If any provision of the Terms and Conditions becomes or is held to be invalid, that provision is severed from the remaining Terms and Conditions, which remain in full force and effect.
19.1. The Terms and Conditions are governed and construed in accordance with the laws of New Zealand as AA is a registered New Zealand Company. Renters booking property outside of New Zealand, are still subject to these Terms and Conditions irrespective on what country they reside in.
AA means Amazing Accom (AA) the website and company. Property means the Accommodation/apartment / house / chalet / lodge / hotel room / motel room / bed and breakfast / villa / and any other type of property available online here. Includes the furniture, fixtures and fittings and the use of any rights of access, paths, drive entranceways, any common areas and any other items reasonably necessary for the enjoyment of the Property and which the Property Owner/Manager can grant. Tenancy means the occupation and/or booking of the Property by the Renter. Property Owner / Manager means the registered proprietor/s of the Property, or an authorised representative of the registered proprietor/s. Reasonable Wear and Tear means the amount of damage and deterioration that a reasonably careful Renter would cause during the Tenancy, assuming that the Property was used only for the purposes described in the Terms and Conditions. Non-foreseeable damage, such as damage which renders an item unusable is not reasonable wear and tear. Renter/Tenant means the person or persons staying at the Property, including all other occupants of the Property at any time during the Tenancy.
Between Amazing Accom Limited (Agent) and Property Manager/Owner (Registered Proprietor of the Accommodation or an authorised representative of the registered proprietor/s):
The Property Manager/Owner, prior to listing Accommodation on the Agent's website and prior to updating its Accommodation details on the website from time to time, agrees with the Agent as follows:
The Property Manager/Owner, on behalf of all of the legal owners of the Accommodation to be listed on the Amazing Accom website, authorises Amazing Accom Limited to act as its agent on the terms and conditions set out below with respect to any future holiday tenancies of the Accommodation that Amazing Accom book.
I, the Property Manager/Owner, acknowledge and agree that the terms and conditions on which the Accommodation will be let to tenants are the Holiday Tenancy Terms and Conditions between Property Manager/Owner and Tenant (Tenancy Terms and Conditions).
I confirm I have read the Renter T&Cs, I understand them, I agree with them, and I authorise Amazing Accom Limited to act as my agent in respect of the future operation of them and this Authority.
1. I INSTRUCT AMAZING ACCOM LIMITED AS MY AGENT TO:
1.1 Collect all deposits and balance rent payments owing from time to time from tenants in respect of the Accommodation, and to pay them out in accordance with clause 2 below.
1.2 Market the Accommodation and arrange holiday tenancies.
2. AGENT'S FEES
2.1 The Agent is entitled to be paid and remunerated for its services:
2.1.1 Upon booking confirmation being sent, the Agent is entitled to deduct and bank the non refundable total agreed commission fees payable under the total booking value, from any rents collected (including deposit). If the Landlord cancels any booking for any reason, the landlord is liable for the total commission fee on the total booking value. The Agent will choose to either deduct the commission off of future rental earnings payable to the landlord, or invoice the landlord for immediate payment.
2.1.2 The Agent guarantees to pay the total received amount, (less the agreed Agent's Fees) into my nominated bank account on the 1st working day after that booking/tenant has checked in. This is to ensure the renter gets what they paid for, and one of the many reasons why renters choose to book your accommodation safely through Amazing Accom. However, if the renter does not check into the relative property paid for online, and payment was made by credit card, in this case the Agent cannot release payment until the credit card funds are cleared, and not reversable by the card holder.
2.2 If the Property Owner/Manager cancels any booking for any reason, the renter will receive a full refund of the deposited amount and the Property Owner/Manager is liable for the lost commission fee on the total booking value. The Agent will choose to either deduct the commission off of future rental earnings payable to the Property Owner/Manager, or invoice the Property Owner/Manager for immediate payment. If the booking made originated from a 3rd party provider then the Property Owner/Manager may be subject to further cancellation fees.
2.3 If the renter cancels within the Property Owner/Manager’s specified Cancellation period FAIR (60 days) RELAXED (30 Days) EASY (7 days) prior to the Tenancy check in date, all bookings are final, non-refundable, and not transferable. The Property Owner/Manager will receive a full pay out minus AA full or 50% commission (depending on whether AA holds full booking value amount or 50% deposit only). 2.3.1. When a renter cancels outside the Property Owner/Manager’s specified Cancellation period (FAIR (60 days) RELAXED (30 Days) EASY (7 days)) prior to the Tenancy check in date, The Renter will receive a full refund to the value of the deposit paid/funds received by AA except a service fee of 6% on the total booking value. The Property Owner/Manager will receive no pay out. 2.3.2. If the booking made originated from a 3rd party provider as agreed by the Property Owner/Manager, the Property Owner/Manager may be subject to those third party Terms and Conditions and the listed policies on AA may be overridden.
2.4 The Agent's Fees are inclusive of New Zealand Good and Services Tax (GST). I am responsible for all other tax payments (if any) to the relevant authorities and according to the laws of my country/region.
2.5 I agree to reimburse the Agent in full for any amount received by the Agent via a tenant’s online payment that MasterCard, Visa, or any credit card company, subsequently reverses through no fault of the Agent.
2.6 International Money Transfer (IMT) payments to the Landlord. The Agent will incur the (IMT) sending costs charged by the Bank of New Zealand (BNZ). The Landlord will incur their relative bank charges/costs for receiving the funds sent.
3. I AGREE:
3.1 To manage my availability calendar 100% accurately and to honor all holiday bookings made through the Agent and its website regardless of the length of time prior to the holiday tenancy the booking was made, and notwithstanding that I may have omitted to block-out dates in the online calendar to reserve the Accommodation for personal or alternative use for the period of occupation of a confirmed holiday tenancy. In the event that I fail to honor a booking, the Agent reserves the right to deduct the Agent's Fees on that dishonored booking from any future earnings I may be owed on any accommodation booked through the Agent. In the event that the Accommodation is removed from the AA site I agree to compensate the Agent its Agent's Fees on any dishonored booking(s) upon being invoiced by the agent.
3.2 To advise the Agent immediately if the Accommodation is put on the market for sale. In the event that the Accommodation is sold prior to the commencement of any and all confirmed holiday tenancies, and the new owner of the Accommodation does not agree to honor the bookings, I agree to refund to the Agent all monies received by me from the Agent in relation to the confirmed holiday bookings, immediately. I agree to compensate the Agent for any loss of Agent's Fees it may suffer as a result of the sale of the Accommodation;
3.3 To keep the Accommodation fully insured against such risks as are normally covered by a comprehensive policy relevant to the type of accommodation and frequency of holiday tenancy use and/or for holiday letting purposes;
3.4 To provide a completed Information Booklet/compendium that contains details relevant to the Accommodation for use by the Tenant, for example:
3.4.1 A trouble-shoot action plan setting out the procedure for the efficient and effective resolution of any problems relating to the Accommodation during the holiday tenancy;
3.4.2 Details of rubbish collection days and times (and recycling requirements) and any additional requirements;
3.4.3 Operational manuals, codes and details for all electronic appliances and devices; and
3.4.4 A list of contact details for preferred tradesman and servicemen and any other contacts that are familiar with the Accommodation and are available to assist with resolving any problems;
3.5 To ensure that, prior to a Tenant's arrival, the interior and exterior of the Accommodation is, in all respects, fit for occupation as a luxury holiday home and meets the high standard required by the Agent and by the tenant booking luxury accommodation through the AA site, and is in accordance with all Accommodation information content posted on the Agent's website;
3.6 That in relation to the photographic and textual material supplied by me to the Agent in relation to the Accommodation (Material), I represent and warrant that:
3.6.1 I own the copyright in the Material; or
3.6.2 I have been authorised by the owner of the copyright in the Material to grant the Agent permission to use the Material as contemplated in this clause;
3.7 I hereby grant the Agent a perpetual, royalty-free licence to use the Material for promotional purposes (including marketing and public relations material throughout the world’s media channels including but not limited to: digital, SEM, SEO, subscription based websites, specialist directories, directories, articles submissions, books, television, and any other sources deemed as advertising, public relations, and/or marketing channels). I irrevocably and unconditionally indemnify the Agent against any cost, loss or liability (including legal costs) which the Agent may incur by reason of any breach of copyright arising from the Agent's use of the Material. I understand that I may not reproduce photographic or textual material from any part of the Agent's website without permission from the relevant copyright owner.
3.8 To always maintain a unique name for the Accommodation. The reason for this is due to the fact that the Agent works on a success fee structure and spends tens of thousands of dollars every month on marketing extensively both domestically and internationally, however if an accommodation has its own website or is listed in other places with the same name as stated on the Amazing Accom website then the Agent’s clients could book direct with me or via an alternative source by using a Search Engine such as Google to find me. This means the Agent would have paid for the client to find me but would not have earned any commission. The agent deserves to be remunerated fairly and according to its terms and conditions. Amazing Accom (AA) reserves the right to change the name of any accommodation at anytime that is in breach of this clause. My honesty in this regard is of paramount importance and any breach by me of this clause may result in suspension or permanent removal from the Amazing Accom website. I understand that once a booking is made online through the Amazing Accom website the Tenant receives notification of the correct legal name of the Accommodation.
3.9 To implement fair pricing. For Accommodation owners whom are not exclusive on Amazing Accom the pricing you set up online here must be equal to or less than what is being charged and/or advertising on other websites and/or being communicated through any other booking channels. This excludes last minute deals that may be done from time to time.
4. I ACKNOWLEDGE AND AGREE:
4.1 That any dispute regarding the Accommodation including, but not limited to, the condition of the Accommodation and any damages and/or any breakages, is solely between myself and the tenant, and that the Agent will not be involved in any such dispute or be liable to anyone in any way. The Agent recommends that I regularly take and hold a complete and dated photographic record of the Accommodation;
4.2 Accommodation advertised on the Agent's website pertains to one Accommodation only, nor examples of accommodation in a certain region. Only one Accommodation will be represented in an advertisement. The Agent has the right to amend any Accommodation advertisements not adhering to this clause;
4.3 That if the Agent receives substantiated complaints from any number of its site users about a specific Accommodation page misrepresenting the Accommodation, or its surroundings, then the Agent reserves the right to remove the Accommodation page without notice. If I attempt to enter unsuitable material into the online database, or persistently misuse the on-line systems, the Agent has the right to remove the associated Accommodation page(s) from the website. The Agent has the right to refuse or remove any Accommodation page from its website that it considers unsuitable, incomplete or misleading, and will not be liable for any expense in so doing. The Agent has the right to refuse any Accommodation page from its website where the content fails to meet its minimum requirements. If I wish to have my Accommodation page(s) removed from the website, this will be done as soon as the Agent receives formal notice from me by email;
4.4 That in the interests of maintaining a high level of service to users of the website, the Agent requires me to be available to respond to enquiries by telephone or email. If I am unavailable for a period of more than 1 week I will leave an answerphone message to that effect or set up an out of office response on my email account. If neither of these options is viable, I will contact the Agent so it can temporarily suspend my current Accommodation page(s). The Agent reserves the right to suspend my advertisement if I am unreachable for more than 1 week. In this instance the Agent will send messages by telephone and email asking me to request re-activation upon my return.
4.5 That the Agent is acting as my agent at all times and not as principal in the holiday tenancy leasing of the Accommodation; and
4.6 That either party may terminate this agreement by giving two calendar months' notice in writing. In the event that the agreement is cancelled I will honor all future confirmed bookings and agree to pay the Agent its Agent's Fees in respect of all future confirmed bookings. The Accommodation is available to let from the date of I upload the Accommodation to the AA site or as otherwise advised by me in writing/email to the Agent.
4.7 Any notice required to be in writing must be served by one of the following means: personal delivery; posting by ordinary mail, or email. I confirm that I have authority to enter into this agreement on behalf of all other owners of the Accommodation.
4.8 That once an Accommodation has been reviewed by Amazing Accom and /or a renter, Amazing Accom in its sole discretion may choose to keep the Accommodation visible online for up to 12 months even when bookings cannot be taken or the property has been requested to be removed. This is for the purposes of providing fair and transparent info regarding the Accommodation to all future renters whether they come from Amazing Accom or not. The 12 month period starts from the date of booking deactivation.
5. GOVERNING LAW
The Terms and Conditions are governed and construed in accordance with the laws of New Zealand.
6. ADDITIONAL TERMS AND CONDITIONS
Every booking Amazing Accom process and get you requires the person booking online (Renter) to enter into a compulsory and strict Tenancy Agreement ( See Terms of Tenancy link above), this legal contract is served on your behalf to best protect your asset/accommodation. We understand some Countries, States, and/or Owners/Property Managers may have additional Terms and Conditions that renters need to accept. You can load any of your relative additional Terms and Conditions into the "Conditions" field found under the "Details Tab" area of your accommodation listing - once you have registered online. In the Renters Terms of Tenancy agreement clause 5.3 clearly states to the renter that they may be subject to further Terms and Conditions.
Please read these terms and conditions of use ("Terms") carefully before using or obtaining any materials, information, products or services through this Website ("this Site"). This Site is available to you strictly on the basis of your acceptance of these Terms. By accessing any content, data, materials, information, products or services through this Site (including without limitation to this Site itself), or by booking any services via this Site you agree you are bound unconditionally by these Terms. If you do not accept all of these Terms, then do not click/tick accept and do not proceed to the registration page.
Pricing and availability of Products are reliant on information supplied to Amazing Accom by Providers and other third parties, and therefore prices and availability are sometimes incorrect. Amazing Accom use all reasonable endeavours to ensure the information on this Site is as accurate and up to date as possible, we do not provide a warranty to that effect. You acknowledge that we have no responsibility for the accuracy, completeness, currency or timeliness of price and availability of information.
2.1. If the start date of the Holiday Tenancy is more than 60 days from the date of booking the Renter is required to pay 50% of the total rent payable to secure the Accommodation at the time of booking. The final balance of 50% must be paid and received by Amazing Accom at least 55 days prior to the start date (check in). A final payment email will be sent to your nominated email address 60 days prior to check in. Failure to pay the final balance will result in the accommodation being offered to other potential renters.
2.2 If the start date of the Holiday Tenancy is within 60 days of the date of booking the Renter is required to pay 100% of the total rent payable to secure the Accommodation at the time of booking.
2.3 If a Renter has booked and paid online and then an owner confirms the price was accidentally incorrect, then the owner can choose to cancel the booking. The Renter can then choose whether to re book or not, and if not would be entitled to a full refund.
3.1 Amazing Accom(AA) accept Visa, Mastercard, Amex, Bank Transfer, IMT (International Money Transfer), and POLI (for NZ and Australia only). All credit card payments are subject to a 2% credit card surcharge.
3.2 The amount charged to the purchasers credit card will be at the Bank exchange rate on the day and AA does not accept responsibility for any change in prices or variation of services as shown due to exchange rate fluctuations and bank charges which AA has no control over.
3.3 Due to the "live" nature of pricing and availability, all services and prices are subject to change without notice.
Once you have completed a booking we will process this and send you a confirmation via email. Please make sure to add Admin@AmazingAccom.com to your contacts to avoid emails going to your SPAM folder. This confirmation will detail the Property(s) booked, the amount of deposit already paid and when final payment is due. Your booking may be cancelled if the deposit or final payment is not received by the due date.
Agents agree that they will not mark up the price of any Property(s) by more than 25% more than the booking cost.
Travel Agents will be paid commission on a monthly basis, during the first week of each month after bookings have been COMPLETED (guests have stayed). AA will raise an automated remittance advice for all travel agents. This will be emailed automatically after each and every completed booking as they occur, and we will pay in a lump sum no later than the end of the first week of each month to a bank account nominated by the Travel Agent. AA will incur its own bank transfer fees, whilst the receiving Travel agent will incur any additional fees (if any) when applicable.
7.1 All requests for changes to bookings including cancellations must be in writing by the Renter to the Owner/Property Manager and/or Amazing Accom.
7.2 Within 60 days of the start of the Holiday Tenancy all bookings are final, non-refundable, and not transferable.
7.3 If a cancellation request is received by Amazing Accom or the Owner/Property Manager at least 60 days before the start of the Holiday Tenancy, the Owner/Property Manager will use its best endeavours to ensure that the Accommodation is promptly relisted on AmazingAccom.com for the period of the cancelled booking.
7.4 If the Accommodation is re-booked by a third party for part or all of the cancelled booking the Renter will be reimbursed for those nights that are re-booked, less Amazing Accom's fees on the total value of the original cancelled booking. Amazing Accom's fees are agreed between the Owner/Property Manager and Amazing Accom – see Amazing Accom Agreement with Owner/Property Manager.
7.5 If the cancelled booking is not re-booked as contemplated in clause 3.4 above, the Owner/Property Manager will not refund any amount paid, and the Renter is not entitled to compensation in relation to the cancelled booking.
7.6 Some Owner/Property Managers require the Renter to agree to further terms and conditions specific to its accommodation at the time of booking. If the Renter does not wish to be bound by an Owner/Property Manager's additional terms and conditions for any reason, then the Renter can cancel the booking and Amazing Accom will refund the Renter in full subject to Amazing Accom receiving notice in writing from the Renter within 5 working days of the completion of the online booking process.
7.7 Renters can transfer a booking to a different time. This entitlement is subject to the following conditions:
7.7.1 The new booking is for the same Accommodation/property.
7.7.2 The request for transfer is received in writing by Amazing Accom on or prior to the date that is 60 days prior to the commencement date of the original booking;
7.7.3 The new booking is completed within one year from the commencement date of the original booking date;
7.7.4 The total amount of rent payable by the Renter on the new booking is equal to or greater than the total rent payable on the original booking. If the rent payable on the new booking is less there will be no refund for the difference. Conversely, the Renter will pay the difference if the rent for the new booking is more. Any amount previously paid by the Renter in relation to the original booking will be credited to the new booking; and
7.7.5 The Renter has one free of charge transfer admin fee, however any additional changes/transfers incur a $100 NZD plus GST administration fee.
7.8 The Renter will not receive any refund if it vacates the Accommodation early.
7.9 When transferring a booking to a later future date than the original booking date, any amounts not paid relative to the original total booking value must be settled in full as per original booking and notified due dates. Once full payment is made the booking can be transferred to the nominated dates. New dates must be nominated at the time of transfer.
Amazing Accom (AA) acts as booking portal only and does not provide the Product. Your agreement for any Accommodations booked by you using this site is with the relevant accommodation Provider and upon the terms and conditions applied by them. We make no warranty as to the Accommodations whatsoever and all services and products supplied by the Providers.
AA will use reasonable commercial efforts to keep this Site available on a 24 hour 7 day a week basis, subject to scheduled and unscheduled downtime for maintenance, and system outages. Your access to this Site may not be uninterrupted or available at all times. AA cannot promise that this Site will be error-free, that defects or errors will be corrected or that this Site or the servers that make it available are free from viruses or other harmful components.
If you use this Site and maintain a profile customised to your needs, you are responsible for maintaining the confidentiality of your login password, which has been provided to you. You accept responsibility for all activity that occurs on this Site where access is obtained using your password. If you are concerned that the security of your password may have been compromised, we recommend that you immediately change your password.