1. DEFINITIONS

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: admin@amazingAccom.com prior to accepting this Terms of Tenancy agreement.

2. PAYMENT

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. AVAILABILITY OF ACCOMMODATION

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

4. CHANGES TO BOOKINGS

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.

5. CANCELLATIONS

5.1. 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.
5.1.2 If the Property Owner/Manager decides to override a cancellation policy in favour of the Renter, then any refundable amount will be subject to a 15% booking fee, based on the total booking value. This 15% booking fee will be automatically deducted from the Renter amount payable.
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 50% refund of the total booking value generated on AA.
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 50% refund of the total booking value generated on AA.
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 50% refund of the total booking value generated on AA.
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. TRANSFER BOOKING

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. EVICTION

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. SECURITY BOND

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. RENTERS PROMISES

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. OWNERS PROMISES

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. RENTER'S CHECK-IN AND CHECK-OUT

11.1. Standard c​heck 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. ACCOMMODATION INSPECTION AT END OF TENANCY

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. INSURANCE AND NO LIABILITY

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. WARNING

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. RESOLUTION OF DISPUTES

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. NOTICES

16.1. Notices are required in writing and must be served by email, courier or post.

17. ADDRESS FOR SERVICE

17.1. The parties' addresses and contact details are specified in the booking confirmation email.

18. NO WAIVER AND PARTIAL INVALIDITY

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. GOVERNING LAW

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.

20. DEFINITIONS

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.