TOUCH OF SPICE - VILLA RENTAL TERMS AND CONDITIONS
1. PAYMENT
1.1 To confirm bookings this agreement must be accepted alongside a 25% non-refundable deposit.
1.2 Final payment is required 45 days prior to commencement of stay provided that during Peak Periods full payment is required 60 days prior. If payment is not so made, the credit card given as a security under clause 3.2 will be charged.
1.3 Peak periods include the Christmas-New Year period, Chinese New Year, and such other period as Touch of Spice shall advise at the time of booking.
1.4 Our preferred method of payment is by bank/wire transfer or bank draft. Alternatively, we accept NZ Credit Cards (Visa, MasterCard or AMEX)
1.5 Please note that any credit card fees and bank transfer fees will be payable by the client. A 3% credit card fee applies to VISA and MasterCard transactions; a 5% fee applies to AMEX transactions. Please confirm with your bank that your payment includes bank transfer fees for sending and receiving and if these are not covered by your transfer then we will charge this to your credit card.
Direct deposits can be made to: Touch of Spice Ltd, ASB Bank, Botany Downs Branch, 12-3233-0195439-50. Swift Code: ASBBNZ2A.
Payment by bank transfer requires your reservation ID to be entered in the particulars of your transaction in order to match payment. Touch of Spice will provide this number.
1.6 Credit card details will also be taken upon arrival for any miscellaneous charges in relation to your stay including activities that are booked during your stay.
1.7 If payment and the signed booking form are not received within 72 hours of confirming your booking with us we reserve the right to cancel your booking.
2. BOOKINGS, AMENDMENTS and CANCELLATIONS
2.1 All requests for changes to a booking, including cancellations, must be in writing by the Registered Guest to Touch of Spice not later than 45 days prior to arrival. Touch of Spice will respond also in writing to confirm receipt.
2.2 Changes are at the discretion of Touch of Spice, and may not be possible due to the time of year and availability.
2.3 Cancellations will be accepted only if received more than 45 days prior to original arrival date provided that during peak periods cancellations must be made 60 days prior. The 25% deposit is non-refundable regardless of the reason for cancellation.
2.4 No refund will be payable in respect of bookings cancelled 45 days or less prior to arrival. Touch of Spice may, in its sole discretion, consider refund applications in writing by the Registered Guest on compassionate grounds (e.g. family bereavement).
2.5 The Registered Guest may transfer a booking to a different date subject to the following conditions:
The new booking is for the same property.
The request for a transfer is received in writing by Touch of Spice on or prior to the date that is 45 days prior to the commencement date of the original booking;
The new booking is completed within one year from the commencement date of the original booking date;
The total amount of rent payable by the Registered Guest 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 Registered Guest will pay the difference if the rent for the new booking is more due to seasonality or annual rate increases.
Any amount previously paid by the Registered Guest in relation to the original booking will be credited to the new booking.
When transferring a booking to a later date than the original booking date, any amounts not paid relative to the original total booking value must be paid in full as per the original booking. Once full payment is made the booking can be transferred to the nominated dates. New dates must be nominated at the time of transfer.
2.6 The Registered Guest will not receive any refund if they vacate the Property early.
2.7 Clients are strongly advised to protect themselves against cancellation charges, medical expenses or loss of personal possession by way of comprehensive travel insurance taken out in the country of origin.
2.8 In the event of a change or cancellation, an administration charge of $250 plus GST per person, plus charges incurred by Touch of Spice to cover processing related costs such as credit card merchant fees, will be payable.
2.10 Touch of Spice reserves the right, in its absolute discretion, to relocate Guests to alternative accommodation, or to cancel any booking in the event of unforeseen circumstances or an event of Force Majeure, and shall not be liable for any loss or damage arising from such unforeseen circumstance or Force Majeure event, or from such relocation or cancellation.
3 BOND
3.1 An amount equal to one night’s rental or otherwise stated will be deducted and held at the start of your stay on the credit card provided. This bond will not be released until a Post-Stay Inspection has been completed to confirm that there is no excessive cleaning required, excessive rubbish to be removed or any damage to the Property.
3.2 Credit card details are held by Touch of Spice as security against the Registered Guest's failure to perform the obligations set out in these Terms and Conditions in the event that the above Bond amount does not cover the cost of excessive cleaning, excessive rubbish or damage.
3.3 The Registered Guest authorises Touch of Spice to debit its credit card for any money owing following the Post-Stay Inspection or upon final resolution of any dispute between the Registered Guest and Touch of Spice.
3.4 In the event that there is a problem with the credit card being debited the Registered Guest agrees to immediately pay the amount owing to Touch of Spice in cash, bank cheque in NZ currency or by electronic funds transfer of cleared funds to an account specified by Touch of Spice.
3.5 From time to time Touch of Spice may require a higher bond than is stated in clause 3.1 and the reasons for this will be outlined to the Registered Guest. This will normally be if the Property is going to be used as a venue or for groups that are larger than what the property normally holds.
3.6 A representative of Touch of Spice may enter the Property at any time to inspect the Property upon giving you not less than 2 hours’ notice. Such notice may be provided by phone.
3.7 The Registered Guest is responsible for all losses, breakage, damage and destruction to the Property, including direct and indirect costs, fines incurred, charges arising from actions of third party, and damage caused to the Property (including any contents).
3.8 The Registered Guest shall indemnify Touch of Spice and the Owner in respect of any such costs suffered as a consequence of you or your guests or visitors breaching your obligations under these Terms and Conditions, and Touch of Spice is authorised to debit such costs to the credit card provided.
4 GUEST ARRIVAL & DEPARTURE
4.1 Directions and how to access the Property will be emailed to you prior to your stay. You must pre-arrange the time of your meet and greet at the Property so please provide your arrival details and contact number so we can confirm a time between 3pm and 6pm.
4.2 Touch of Spice are not based at the Property so please respect the pre-arranged meet and greet time. Should our staff member need to wait unnecessarily (more than 10 minutes) or return again at another time there will be a $150 + GST call out charge incurred. Arrivals after hours will result in the call out fee being applied.
4.3 Touch of Spice requires the Registered Guest departure details for their records. Check out is at 10am unless agreed by prior arrangement. Touch of Spice requires you to leave all keys and garage remotes inside the Property, lock all doors and close all windows. If there is any damage to the Property we require you to notify us prior to your departure.
4.4 Basic cleaning at the end of the Villa Rental is included. However the Registered Guest is responsible for leaving the Property in the same clean neat and tidy condition it was when they arrived. This includes, without limitation, washing up, fridge cleanout out, BBQ cleaned, rubbish placed in appropriate bins when vacating the property. Should any excess cleaning or rubbish removal be required beyond what is considered, in the discretion of Touch of Spice, to be fair and reasonable then such costs will be payable by the Registered Guest. Excessive cleaning or excessive rubbish removal will be charged to the guest at $45 + GST per hour.
4.5 Late departures may incur additional charges plus any additional staff or cleaning costs, including waiting time, and will be either deducted from the bond or debited to the credit card provided.
5 POST-STAY INSPECTION
5.1 At the end of the stay Touch of Spice reserves the right to complete or procure a Post-Stay Inspection.
5.2 Lost keys will result in a minimum charge of NZ$100 + GST. Lost garage remote controls will incur a minimum charge of NZ$150 + GST. These charges will be either deducted from the bond or debited to the credit card provided.
5.3 If Touch of Spice, in its absolute discretion, is not satisfied with the condition of the Property, reasonable wear and tear excepted, Touch of Spice may deduct a reasonable sum from the Registered Guest's bond or debit the credit card provided, and will provide a written breakdown of the deduction.
6 INSURANCE AND NO LIABILITY
6.1 The Registered Guest will not do anything that could adversely affect Touch of Spice's insurance over the Property.
6.2 The personal effects of the Registered Guest are not insured by Touch of Spice. The Registered Guest acknowledges that all personal items and vehicles (including vehicle contents) of the Registered Guest remain the Registered Guest's responsibility and Touch of Spice accepts no responsibility for loss or damage.
6.3 In the event that the Registered Guest uses extra facilities at the Property including, but not limited to, kayaks, dinghies, bicycles, trampolines, spas and swimming pools, such use is entirely at the Registered Guest's own risk at all times, and Touch of Spice accepts no responsibility for any injury or loss whatsoever. Children are to be supervised at all times by a parent or responsible adult.
6.4 Every reasonable effort has been made to describe the Property as fully and as accurately as possible, and every reasonable effort will be made to supply what has been described. All bookings are made and accepted on the basis of the descriptions contained in our website and we do not accept any liability if the Property does not meet guest expectations.
6.5 In the event that Touch of Spice’s insurance policy is used to cover damage causes by guests, guests will be liable for any excess.
7 HEALTH AND SAFETY
7.1 To the fullest extent possible at law, Touch of Spice makes no representation and gives no express or implied warranty of any kind in relation to the Property or any product or service featured on the website or brochure. The Registered Guest's use of Touch of Spice’s services is at its sole risk.
7.2 Touch of Spice, the Property Owner and the Registered Guest will comply with their respective obligations under the Health and Safety at Work Act 2015 and associated Health and Safety at Work Regulations, Codes of Practice, Guidelines and Fact Sheets (HSWA Legislation), and any amendments to the HSWA Legislation, in discharging their obligations under this Agreement.
8 COMPLAINTS AND DISPUTES
8.1 If any complaint or dispute arises under this agreement, the parties will meet to discuss in good faith in an attempt to resolve it by negotiation.
8.2 In the event that a complaint or dispute cannot be resolved by negotiation within a reasonable time the parties agree to the following process:
8.2.1 Neither party will commence or maintain any action or proceeding in any court, tribunal or otherwise regarding a dispute without first complying with the provisions of this clause 8.2;
8.2.2 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 (subject to privilege) provide to the other party all information with respect to the dispute which is reasonably requested by the other party;
8.2.3 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 a mediator selected by the current President of the New Zealand Law Society;
8.2.4 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 any other legal rights which may be available to it;
8.2.5 Except where the dispute renders it impossible to do so, the parties will continue to be bound by their respective obligations under these Terms and Conditions while a dispute is being resolved; and
8.2.6 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 either party to perform its obligations under these Terms and Conditions.
8.3 The Registered Guest acknowledges that Touch of Spice represents the Owner. Any complaint or dispute that the Registered Guest may have with respect to the Property shall be a dispute between the Registered Guest and the Owner. Touch of Spice will not represent the Registered Guest's in respect of any such dispute.
8.4 Neither Touch of Spice nor the Owner accept any responsibility for any disturbances to the Registered Guest arising from work being carried out on neighbouring property and land, and shall not be liable for any compensation or refund arising from any such disturbance, whether due to road works, construction or any other nuisance or annoyance outside the control of Touch of Spice or the Owner. For the avoidance of doubt the Registered Gust shall be obliged to make payment in full when due, and shall not withhold payment by reason of any such disturbance.
8.5 The Registered Guest acknowledges that there may be circumstances which result in certain services being unavailable as a result of maintenance requirements, health and safety concerns, weather conditions etc. In such circumstances neither Touch of Spice nor the Owner will be liable for the loss or unavailability of any particular services, or any actions taken by any persons) or authority outside the control of Touch of Spice affecting the availability of such services.
8.6 Nothing in clause 8.2 shall prevent the parties from seeking urgent equitable relief before an appropriate court.
9 NOTICES
9.1 Notices are required in writing and must be served by email (upon acknowledgment of acceptance by the recipient), courier or post.
10 ADDRESS FOR SERVICE
10.1The parties' addresses (including email addresses) at the time these Terms and Conditions are entered into, or such other addresses as are provided, are the relevant addresses for the service of notices.
11 NO WAIVER AND PARTIAL INVALIDITY
11.1If Touch of Spice do not exercise or enforce any right available to it under the Terms and Conditions, it does not constitute a waiver of those rights.
11.2If any provision of these 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.
11.3Touch of Spice shall not be held responsible for disruption or delays to the Villa Rental or Services in the case of Force Majeure or other conditions beyond their control.
12 GOVERNING LAW
12.1These Terms and Conditions are governed and construed in accordance with the laws of New Zealand.
13 DEFINITIONS
Force Majeure: Force Majeure means any act of God, landslide, lightning, earthquake, flood, storm, fire, volcanic eruption, war, sabotage, terrorism, blockade, riot, insurrection, civil war, public disorder, strike, lockout or other industrial disturbance, transportation failure or delay, breakdown in computer facilities, telecommunication delay or malfunction, the acts, rules, regulations orders or directives of any governmental body or any other similar cause beyond the party’s reasonable control which prevents a party performing its obligation under this Agreement.
Owner: means the registered proprietor of the Property.
Peak Periods: means the Christmas-New Year period (20 December - 5 January); Chinese New Year (computus); Easter (computus); and all other New Zealand statutory holidays.
Post-Stay Inspection: means an inspection in accordance with clause 5.
Property: The apartment / house / chalet / lodge / hotel room / motel room / bed and breakfast / villa (and any other type of Property available through Touch of Spice) The Property 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 Touch of Spice can grant.
Reasonable Wear and Tear: The amount of damage and deterioration that is reasonably foreseeable by a reasonably careful person, assuming that the Property was being used only for the purposes described in these Terms and Conditions. Non-foreseeable damage, such as damage which renders an item unusable is not reasonable wear and tear.
Registered Guest: The person or persons renting the Property including all other occupants of the Property at any time.
Terms and Conditions: These Guest Terms and Conditions including any Letter of Offer, online booking confirmation email and any additional special conditions imposed on the Registered Guest by Touch of Spice.
Touch of Spice: The authorised representative of the registered proprietor/s of the Property.
You: The Registered Guest.
GUEST RULES
Registered Guests and their guests and invitees, must comply at all times with these Guest Rules and Policies, and any other Rules imposed by the Property Owner or Touch of Spice from time to time.
You acknowledge that the furniture, art, sculptures, audio visual equipment, handwoven rugs, fixtures and fittings at the property are of a high quality and expense and You shall ensure that they are not damaged.
GUEST RULES:
You must:
1. Comply with property manuals located in the compendium at the Property.
2. Keep in a clean, liveable condition and in good repair (subject to reasonable wear and tear):
(i)The interior of the Property;
(ii) The carpets, curtains and all other items of the Property;
(iii)All fixtures and fittings of the Property.
3. Immediately report to Touch of Spice any damage or defect in respect of the Property or its fixtures and fittings, or the failure of any mechanical or electrical appliances in the Property. Damages and breakages will be charged at cost to repair damage plus $150 + GST service fee.
4. Seek approval in writing from Touch of Spice for any temporary structures (e.g. tents or tarpaulins) to be erected at the Property prior to completing your booking.
5. Pay for all telephone calls made from the Property during your stay.
6. Use only approved service suppliers/operators who are aware of the Property consents, covenants, restrictions, bylaws or approaches (eg helicopter landings).
7. Use the internet for legal purposes only. You will be liable for any illegal downloads from the Property’s internet, including usage costs, fines or other expenses, whether such download or usage was made by you, your guests or invitees.
8. Clean and keep free from blockages and obstructions all baths, sinks, lavatories, cisterns, drains, gutters, pipes, chimneys and the like.
9. Keep clean the insides of all windows and replace any glass or mirrors which break for any reason.
10. Fix any damage to the Property, fixtures and fittings in the Property, or to any common areas caused by you, your guests or invitees, and pay any costs incurred by Touch of Spice carrying out remedial work as a result of such damage.
11. Allow Touch of Spice or its contractors access to the Property at reasonable hours during the day, to carry out repairs and maintenance work at the Property or to fixtures and fittings in the Property provided that, in the event of an emergency, you will give immediate access at any time.
12. Whenever the Property is left unattended, fasten all locks to all doors and windows to prevent unauthorised access to the Property. A call out due to lost keys or lockout will attract a non-negotiable minimum fee of NZ$150 plus GST, to be deducted from the Registered Guest's credit card.
13. Abide by the No Smoking Policy at all times.
14. Abide by the No Parties Policy at all times.
15. Abide by the Nuisance Policy at all times.
16. Abide by the Pets policy at all times.
17. Be accompanied by a parent or guardian if you are under the age of 25 years.
18. Observe quiet hours between 9 pm and 7am each night.
You must not:
1. Abuse, verbally or physically, Touch of Spice, its staff and representatives, or any contractors at the Property.
2. Use illegal substances or conduct illegal activities at the Property.
3. Move or re-arrange furniture.
4. Tamper with smoke alarms.
5. Assign, sublet, charge, part with, share possession or occupation of all or part of the Property unless approved in writing by Touch of Spice.
6. Damage, change or remove any installations, furniture, fixtures and fittings at the Property.
7. Cause nuisance or annoyance to Touch of Spice, other Registered Guests or any neighbours. In the event that Police or Council authorities, or any neighbours, contact Touch of Spice about excessive noise levels, and as a strict deterrent for anti-social behaviour, Touch of Spice may in its sole discretion deduct NZ$500.00 plus GST from the Registered Guest's credit card upon first providing notice in writing to the Registered Guest of its decision to do so. In the event that any stereo or electronic equipment is seized from the Property the Registered Guest must promptly recover and return such equipment to the Property at its sole cost.
8. Operate a business at the Property or use it for any improper, immoral or illegal purpose.
9. Change or install any locks on any doors or windows, nor produce additional keys for any locks at the Property without the prior written consent of Touch of Spice.
10. Not do, or permit to be done, or omit to do, any action that does or may invalidate or adversely affect any insurance policy held by Touch of Spice or the Property Owner in respect of the Property. You shall indemnify Touch of Spice against any losses or damages suffered as a consequence of your breach of any obligations relating to the Property. Touch of Spice recommends that you have comprehensive travel insurance to cover you in respect of any risk arising during your stay.
POLICIES
PETS POLICY
Pets may be allowed on a case by case basis at the sole discretion of Touch of Spice. If a well-behaved pet is permitted in writing by Touch of Spice to stay at the Property, you are liable for any damage caused to the Property.
NO SMOKING POLICY
No smoking whatsoever is permitted inside the Property or in areas immediate surrounding the living areas of each property. Should tobacco odour be noted during your stay, or at checkout, you will forfeit your Bond plus incur additional cleaning and fumigation costs starting at $500 + GST.
PARTIES: ZERO TOLERANCE POLICY
Parties, events, weddings, receptions, stag/hen festivities or other gatherings are not permitted without the express, prior written consent of Touch of Spice, which may be given in its sole discretion and subject to any new terms and conditions, including your assurance that the Property will be for the use of a named guest only.
If an unauthorised or impromptu party or event arises, the procedure is as follows:
A phone call first from the Property Manager,
If not resolved at that point then the Property Manager will make a call out to the Property (at your cost).
Should police or private security be needed to secure the Property or end the disturbance this will be actioned from that point and will result in the loss of your bond,trigger the penalty fee of $1,000 +GST (clause 5.12), the cost of any damages, and extra cleaning as necessary.
Touch of Spice reserves the right to ask you to vacate the Property immediately and forfeit your Bond and the remainder of your stay without refund.
ADDITIONAL GUESTS POLICY
You may not invite additional guests to the Property without prior approval in writing from Touch of Spice.
Each Property has specific occupancy limits, and these are strictly enforced. The number of adults and children to occupy the Property must be stated at the time of booking and must not be exceeded. Property lines, privacy, and the quiet enjoyment of neighbours are to be respected at all times, with
If any of the furniture, fixtures and fittings of the Property are damaged beyond what is Reasonable Wear and Tear, the Registered Guest will, at its sole cost, repair or replace the damaged items before the end of the Villa Rental when possible, or within 14 days of the end of the Villa Rental if the item requires time to source, replace and deliver.
NUISANCE POLICY
Touch of Spice will not pay the Registered Guest compensation for any inconvenience due to work being carried out in the common areas of the Property or neighbouring buildings or due to road works or any other nuisance or annoyance.
Increased occupancy, vehicle traffic, excessive noise, or illegal activity, will result in a $500 + GST penalty fee, eviction, and the forfeiture of all prepaid rentals. This penalty fee will be charged either by way of your security deposit or to the credit card provided.
LIABILITY FOR YOUR GUESTS AND INVITEES
It is your responsibility to ensure compliance with the Terms and Conditions, these Rules and Policies by your guests and invitees.
You and your guests and invitees acknowledge that:
I. You use the Property at your own risk;
III. All personal items and vehicles (including vehicle contents) belonging to you, your guests and invitees remain your responsibility;
IV. children are to be supervised at all times by a parent or responsible adult;
v. You are responsible for any call out charges incurred through damage or misuse of alarms, appliances, electronics or excessive use of services.
V1. In the event that You or your Guests use extra facilities at the Property including, but not limited to, kayaks, dinghies, bicycles, trampolines, spas and swimming pools, then such use is entirely at your own risk at all times. and
v. Touch of Spice accepts no responsibility for any injury, loss or damage that you, your guests or invitees may suffer during your stay, or for any damage to any property.
CONSEQUENCES OF BREACH
In the event that:
I. You do not comply with these Terms; and/or
II. You or your Guests or visitors’ behaviour has led to complaints from neighbours or staff of Touch of Spice staff
Your occupancy of the Property may be terminated with immediate effect and all amounts paid by you for the remaining nights of your stay will be forfeited.
Any breach will result in:
bond forfeiture, possible eviction from the Property with no refund and/or fines and additional Costs charged per breach:
Noise/nuisance behavior call out - $500 + GST
Evidence of use as a party venue - $1000 + GST
Deodorizing due to smoking - $500 + GST
Lost keys or remote - $150 + GST
Excessive cleaning - $45 + GST per hour
Excessive rubbish removal - $45 + GST per bag
Damages and breakages - Charged at cost to repair damage plus $150 + GST service fee.
INFORMATION COMPENDIUM
Touch of Spice will provide an Information Booklet at the Property:
Contact details for Touch of Spice for the efficient and effective resolution of any problems relating to the Property during the Villa Rental;
Details of waste management (including rubbish collection days and recycling requirements etc.);
Operational manuals, codes and details for all electronic appliances and devices.
