Owner/Manager website general terms of use

The following terms and conditions apply for use of the owner/manager website and the services provided.  By registering as a member of Bookabach and choosing to use the owner/manager website you agree to accept and abide by these terms.  If you do not accept these terms you must stop using the website and services.

DEFINITIONS

In these terms and conditions the following expressions are used:

‘Bookabach’ refers to the website but can also refer to Bookabach Ltd.

‘Member’ means anyone who has registered on the Bookabach website.

‘Website’ or ‘Site’ refers to the owner/manager website in most cases but may also refer to the renter website.

‘Product(s)’ refers to one or more products and services offered by Bookabach.

‘We’, ‘us’ and ‘our’ refer to Bookabach.

‘You’ and ‘your’ are referring to you, the property owner or manager.

‘Listing’ means a property listing (advertisement)

‘Actively listed’ means a property listing that is live (published) on the renter site

‘Owner’ refers to the owner of the holiday rental property.

‘Property Manager’ refers to an individual or organisation acting as a rental booking agent or property manager for the property with explicit authority of the owner(s).

‘Admin Contact’ refers to the individual acting as primary contact for a property.

‘Rental Contact’ refers to the individual acting as primary contact for rental activities for a property.

‘Billing Contact’ refers to the individual responsible for paying fees on a property.

‘Property Members’ refers to people who are provided with access to the site for a specific property.  This can include property owners, family, friends and property managers.

‘Content’ refers to any text or images on the website either viewable by the public, or in private member areas of the website.

‘Personal Information’ includes your name, phone numbers, email address or your personal or business website URL.

‘Facility’ - Refers to the Bookabach Online Payment facility

‘Rental Terms’ - Refers to your Rental Terms defined on Bookabach, including your Payment Terms, Cancellation Terms and Cancellation Charges.

‘Charge backs’ - Where a credit card company or bank, having already provided payment, requests that this payment be reversed.

‘Charges Account’ - Your Bookabach charges account ledger (viewable at My Account > Account Statement).

‘Trust Account’ – Refers to the Bookabach Commercial Trust Account

‘Drawdown’ – A payment from the Bookabach Trust Account to an account of your designation.

‘Refund’ - Movement of funds from the Bookabach Trust Account back to the person who’s booked.


1. GENERAL TERMS OF USE

1.1. Scope of these terms: These terms and conditions represent the general terms of use for the Owner/Manager website.  They replace any previously published version.  Combined with any specific product terms of use, they represent the complete agreement between you as a “member” or “user” of the website and us. No advice or information that is obtained by you from us or anyone else shall create any warranty by us that is not expressly stated in these terms and conditions.

1.2. Right to make changes and discontinue: We reserves the right to modify or discontinue this website, and/or make changes to the products we offer and our terms of use without prior notification to you. You agree that we will not be liable to you or any third party as a result of such changes.  We reserve the right to remove memberships, accounts, properties and listings that are deemed non-active or have not been accessed for sometime, or have breached any of these terms and conditions.

1.3. Intent and purpose: You agree to use the service for its intended purpose: as an on-line facility for coordinating and managing a holiday rental property and obtaining rental interest.  You must not damage, interfere with or harm the website of services, or any network, or underlying system part there of, or attempt to do so.  You must not use a robot, spider, scraper or other automated means of accessing information from the website.  You shall not attempt to access secure or non-public areas of the website without appropriate authorisation.

1.4. Non-solicitation: You must not solicit other members via the website for any related or unrelated products or services. Attempts to solicit members may result in suspension or termination of your memberships.

1.5. Privacy: We collect personal information about you when you register on the website and through your use of the website overtime.  You agree that we may use this information to assist us in providing the services to you.  If you are the rental contact of one or more properties you agree that we can disclose your contact details to anyone who has made an enquiry on a property under your management.  You also agree to allow us to publish - anonymously using your screen name - not your real name - any transactional feedback about you.  We will not sell, license or allow third parties to access your personal information without your explicit consent.  Not withstanding, you agree that we may release personal information when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect our rights, or the rights of our members/users, or others. For more information, please see our full Privacy Policy.

1.6. System availability: We will make our best efforts to ensure availability of the website and services, subject to any downtime required for routine maintenance and upgrades. However, we take no responsibility for any system unavailability, or for any losses incurred as a result of the website or services being unavailable. Furthermore, we assume no responsibility for the corruption of any data or information held by us. 

1.7. No warranty: You accept that the website is provided on an “as is” and “as available” basis and use of the service is at your own risk.  We do not warrant that the services provided will be uninterrupted, timely, secure or error free, or that any information provided on the website is error-free or reliable.

2. MEMBERSHIP

2.1. Becoming a member: Membership is free.  You pay for the products and services we offer through the website.  You must be over 18 years old to create and maintain a membership. By registering as a member you warrant that you can form a legally binding agreement.

2.2. Accuracy of information supplied: You warrant that you have provided complete, accurate and current personal information when registering as a member. You agree to keep your personal details up to date. We may phone, email or mail you to verify these details. You must not register as a member under multiple identities or personas whether false or not.

2.3. Membership responsibilities: You will nominate a password in connection with your use of this website. You are responsible for keeping your login information (email and password) secure and secret. Without limiting the foregoing, you agree to not permit any other person to use your membership; and not to disclose information to others that would enable them to gain access to your membership. You are responsible for all actions undertaken under your Membership.  Memberships are non-transferable and cannot be sold, leased, let or traded. Notwithstanding, we do allow properties to be moved from one owner/property manager to another.

2.4. Emails and newsletters: We reserve the right to send you emails related to your membership and transactions performed on the website.  We also send marketing communications via email.  Receiving these in most cases is optional. However, we reserve the right to send you newsletters or editions of newsletter if we believe the information contained is critical to your use of the website.  You can opt out of optional newsletters at any time by changing your personal preferences via the website.

2.5. Termination of membership: We reserve the right to suspend or terminate your membership and use of the website if we believe that you have violated or acted inconsistently with the letter or spirit of these terms and conditions, violated our rights or the rights of any third party, or for any reason we see fit with or without notice to you.

2.6. You are liable for your actions: Responsibility for your use of the website rests solely with you and anyone you assign access to your property.

2.7. Admin Contact responsibilities: If you are the Admin Contact for a property, either because you registered the property or you accepted this role when invited to join a property, you accept the responsibilities associated with this contact role, namely: You agree to act as the primary contact and administrator of the property.

2.8. Rental Contact responsibilities: If you are the Rental Contact for a property, either because you registered the property or you accepted this role when invited to join a property, you accept the responsibilities that go with this role, namely: You agree to act as the contact for all rental-related communications fro other members and from us.

2.9. Billing Contact responsibilities: If you are the Billing Contact for a property, either because you registered the property or you accepted this role when invited to join a property, you accept the responsibilities that go with this role, namely: You agree to accept any charges for products and services related to this property whether these charges were incurred by you or another member added to this property.  You agree to pay any account debit as per our payment terms (see below).

3. LISTING AND TRANSACTING

3.1. Authority to list and transact:  You must be a/the property owner, or a representative authorized by the owner, to list and/or transact through Bookabach.  By listing a property for rental on Bookabach you warrant that you have this authority.

3.2. Ability to supply: By listing a property and transacting through the website you warrant that you are able to meet your obligation to supply the accommodation requested on any bookings you accept.  This includes, but is not limited to, adherence to by-laws, laws or other controls imposed by the local, district, town, city, state or national councils and governing bodies as it applies to the supply of visitor accommodation (short term holiday rental) in your area.  This includes but is not limited to controls on maximum occupancy and visit durations.  You agree to indemnify Bookabach against any claims related to the marketing of your property or your failure to supply accommodation.

3.3. Introduction service only: We provide a service that puts you in touch with potential renters. We do not take part in the rental transaction itself - other than providing the website as a transactional forum or marketplace. If a rental proceeds it is up to you and the renter to finalize your rental terms and complete all financial transactions.  All transactions carried out by you and any other member on Bookabach are conducted entirely at your own risk.

3.4. Indemnity:  We do not act as an agent for either party and do not participate in the rental transaction.  You accept that we take no responsibility or liability for any misconduct by members including but not limited to property damage or fraud.  You agree to release, indemnify and keep indemnified us from any and all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by you arising out of use of the website.

3.5. Meeting applicable building standards/codes:  By listing and transacting through the website you warrant that the property complies with all applicable building standards/codes and that you meet all applicable fire, health and safety requirements.  You agree to indemnify Bookabach against any claims related to the marketing of a property that does not meet standards/code, or your failure to supply accommodation due to non-compliance.

3.6. Dispute resolution process: As Bookabach is not a party to any rental transaction between you and another member, you agree not to involve or attempt to involve Bookabach in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided. Notwithstanding, in the event of a dispute you agree to provide Bookabach with all relevant materials needed to assist our rental customers.  This includes any Rental Agreement(s), emails or other records.

3.7. No endorsement: Listing your property on the website does not constitute an endorsement or recommendation by us for you, your business or your property.

4. SUPPLY OF CONTENT

4.1. Rights and obligations: You are responsible for the content you provide to us and are responsible for the consequences of posting such content.  By providing content to us you warrant that you are the legitimate owner of this content and grant us non-exclusive, royalty-free use of this content on the website and in any other marketing activities associated with promoting the website.  You must not post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it.

4.2. Banned content: You must not copy material from other listings on the website. You must not post material that violate any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.  You must not post content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity.  You must not post sexually explicit images.

4.3. Images must be unmodified:  Any images you supply (upload) must be “unmodified” - not digitally enhanced or changed in any way.  This includes the addition of borders, arrows, outlines, logos, text or other enhancements but excludes cropping or re-sizing. 

4.4. Our right to edit your content: We reserve the right to correct, edit or remove any content you supply if it contravenes these terms, or for any reason we deem necessary without notifying you of any changes.

4.5. Listing a property:  You must own the property, be a family member representing the property owner, or be an appointed Property Manager to list a property for rental on the site. 

4.6. One-property per listing:  It is NOT permitted to list multiple dwellings under a single listing.

4.7. No contact details in listing: You MUST NOT list any personal information in your listing text.  This includes your email address, phone numbers, website URL, or any other contact details. Your contact details will be provided to anyone making a booking request via the website.

4.8. Tariffs and pricing:  You agree to keep your pricing current (up to date) and
honour any pricing you have represented for a particular property.  Tariffs are displayed in NZD and are GST inclusive. 

4.9. True and accurate representation: You are solely responsible for any representation made in connection with your property listing and warrant that the information you provide is a true and accurate representation of the property on offer. 

4.11. Claims of endorsement or affiliation: You agree to not misrepresent your affiliation with any person or organization, or claim any endorsement you are not entitled to.

5. MANAGING BOOKINGS

4.1. Transferring bookings:  If a property is booked over a period requested it is acceptable to suggest an alternate property but only if this property is also actively listed on our website.  It is NOT permitted to move this booking to a property not actively listed on our website.

5.2. Use of calendar: We rely on the availability information you provide to us in the form of bookings on your calendar to achieve a “meaningful” availability-based search.  Without this information we cannot provide a useful date-based search feature to members using the site to find a property.  Specifically, this means you need to: a) Add your own bookings (family and friends); b)Add any rental bookings received from other sources; and c) Keep the status of these bookings up to date.  Under certain product plans you are obligated to do this under the terms of use of the plan.  Failure to keep your calendar up to date may result in your calendar being disabled and/or your listings being taken offline.  Refer to the specific product plan terms of use for more details.  We reserve the right to modify booking information including dates and booking status where we can show a booking went ahead with or without providing you with notice.

5.3. Responding to enquiries: You agree to respond to enquiries in a timely and professional manner.  If you choose to publish a nominal response time indication you agree to make your best efforts to meet this.

5.4. Best faith in accepting and confirming bookings: You agree to act in best faith in all your dealings with members introduced to you via the website.  In particular we prohibit “gazumping” whereby a booking is accepted, verbally or in writing, by an owner or property manager, but then cancelled in favour of a booking for a longer period or higher return.  We do recommend that in order to avoid any doubt, owners/managers put a specific time frame on the time taken to provide a deposit to secure (confirm) a booking.

5.5. Written rental agreement: We encourage you to have a written rental agreement and provide a tool on the website that helps you create one.

6. FEEDBACK AND GUEST BOOKS

6.1. About feedback: We operate a feedback system whereby guests provide feedback on their transaction with the rental contact and the rental contact provides feedback on the rental guest.  Feedback is provided for the sole purpose of establishing trust on the website.  By using the site you agree to allow us to anonymously publish feedback on you and transactions with you on our websites.

6.2. Who gives feedback: We allow feedback to be provided by any Member who has made an enquiry (booking request or question) on a property.  In most cases this feedback is provided after a confirmed stay has completed.  In some extreme cases, where we feel it important to our members to show this feedback, we will allow feedback to be posted even if a booking did not proceed.

6.3. Who receives feedback: The feedback a Rental Member provides comprises: a) Feedback on the transaction with the Member who was the Rental Contact at the time the enquiry (booking request or question) was made; and b) a guest book entry on the property (optional). 

6.4. Feedback content: The feedback you provide on rental guests must not contain offensive, defamatory or inappropriate language.  Feedback MUST NOT be used to promote your business or your property and must not contain any personal information (names, addresses, phone numbers and email addresses).  Save as permitted below, you must not copy or export your feedback to any other website or printed material.

6.5. Publish with attribution:  You are permitted to copy (verbatim) any feedback you receive via Bookabach and show this in your own marketing material including but not limited to print, website and email, provided you provide attribution. The attribution MUST include the words “Bookabach member feedback” and MUST include a link back to your feedback page (your public profile page) if published on a web page.

6.6. Editing and withdrawing feedback: We reserve the right to edit feedback in situations where comments are defamatory, offensive or contain language of an inappropriate nature.  However, in the interests of providing impartiality to both renters and owners, unless feedback is determined to fall into the category described above, then we will not intervene in this process. We reserve the sole right to determine what is considered offensive, defamatory or inappropriate language.  We will edit feedback that has been withdrawn or rescinded by the original author.  A request for feedback to be modified or withdrawn must come via email, and from the email address the member uses for their Membership.

6.7. Feedback admin comments: Where we feel it is appropriate we have the right to add an admin comment in feedback.

7. ACCOUNTS & CHARGES

7.1. Your Bookabach account: We maintain a debit/credit account for each member.  When you choose to purchase a product or subscribe to a service a debit or a series of debits are made to your account either at the time of purchase or on an on-going basis (depending on the product/service).  You must then credit your account to pay for the product/service.  Accounts cannot be used for any other purpose, other than to purchases products and services from us.

7.2. Our charges: We charge fees for use of products on the website. Our fees are clearly published on the owner/manager website.  Accepting the product specific terms of use for any product means you accept the fees associated with the product you have chosen.  We reserve the right to add new products and change the charges associated with existing products.  We will notify you of any changes in advance and/or when they come into effect. 

7.3. Charges and GST: All charges are shown in NZD and exclusive of GST.  No GST credit is available for members operating their account outside of NZ.

7.4. Settling your account: You must settle any negative account balance within 30-days, although we will send you account reminders as soon as your account goes into negative balance. 

7.5. Admin charge for refunds and charge reversals:  An administration charge of NZ$15 applies to all manually processed account refunds and charge reversals.

7.6. Overdue accounts: We reserve the right to take action against you to settle any outstanding long-term debt.  This includes suspending your listings (taking them offline) and referring your debt to a 3rd party agency for collection.  No credit will be issued for listings that are suspended due to long-term debt.  You authorize us to pass on your personal contact information to any agency we employ for the purpose of debt collection. You are liable for all expenses, including but not limited to our legal fees, that we incur in recovering this debt.

7.7. Refund on membership termination: If you choose to terminate your membership we will refund the balance of any credit held in your account (less our administration charge).  No refund will be issued for account balances less than NZ$15.  If we choose to terminate your membership due to breach of these terms and conditions it is at our discretion whether you are eligible for a refund.

7.8. Abandoned accounts: If you have not logged into our website for a period of 12 months your membership will be deemed abandoned. Your membership will be suspended and any credit remaining in your account forfeited.


8. USE OF ONLINE PAYMENTS FACILITY

By using the Bookabach Online Payments facility (OLP) you agree to abide by the following terms of use:

8.1. Intent and purpose:  The Facility allows property owners and property managers to take payment for rental via a fully PCI DSS compliant credit card facility on Bookabach.  Payments include deposit, stage payments (if used) and balance payments.  Funds are held in our commercial trust account until the stay has completed at which point they are available for drawdown to your designated New Zealand bank account subject to the conditions laid out in this agreement.

8.2. Authority to take and hold payments: You authorise us to take payment on your behalf, via credit card, for rental charges. You agree to allow us to hold these rental payments on your behalf until a stay has completed.  All payments we receive will be clearly shown in your Trust Account ledger.

8.3. Transaction fees: We charge the traveller a nominal transaction service fee for using online payments.  We may also charge you, the owner-manager, a transaction service fee if you are listed on one of our legacy listing plans.  We clearly publish our fees on the website and reserve the right to alter our transaction fees over time - but we will notify you in advance if we choose to increase them so you can opt-out of using online payments.  Any charges will be itemised on your Bookabach account so you can clearly identify them.

8.4.  Holding and disbursing of funds:  Funds are held in our commercial trust account and are available for drawdown 24 hours after the checkout date, provided the following criteria are met:
(i)  You have set-up and validated your NZ bank account
(ii)  You meet our criteria for being a validated, trusted member (an anti-fraud measure).
(iii) You are not on credit-hold with us.
(iii) The related funds, to the best of our knowledge, are not at risk of charge back.

Once approved we will make best efforts to process payment, by internet banking, within 1-2 working days.  Funds can only be paid out to a New Zealand bank account that accepts electronic transfers.  We can not disburse funds to credit cards, by cheque, PayPal, wire service or to offshore accounts. 
Under normal operation our payment to you will be for the gross rental amount received.  We do not deduct for any charges you incur with Bookabach.  However, we retain the right to deduct from drawdowns where necessary to recover any outstanding debt related to past unpaid charges.

8.5. Rental Terms: To use the payment Facility you must have your Rental Terms defined on Bookabach and they must be deemed to be “workable and reasonable”.  We retain the right to define what are workable and reasonable Rental Terms based on common holiday rental industry commercial practice.  We may remove your use of the Facility either on specific bookings, or completely if we feel your Rental Terms are not workable or reasonable.

8.6. Processing Cancellations: In the event that a traveller notifies you of their desire to cancel a booking, you agree to cancel the booking on Bookabach and indicate the date you were notified by the traveller of their intention to cancel.  We will process the cancellation as follows: 

i) We will apply the cancellation charges described in your Cancellation Policy (Rental Terms);
ii)  We will arrange any refund due to be passed back to the traveller (refunded to the credit card they used for payment), then;
iii) Any remaining funds held will be made available to you (subject to payment approval criteria as described above).  Transaction fees, if applicable, will apply to any funds paid out to you.

8.7. Full refund on failure to supply accommodation:  If the accommodation is NOT made available to the traveller for any reason beyond their control, you accept that we may provided the traveller with a 100% refund.  Notwithstanding, we make no warranty that accommodation is fit for purpose, safe, sanitary, or suited to a particular traveller’s needs - and we will not withhold funds from drawdown due to a traveller complaint unless required to do so by law.

8.8. Not a debt collection service:  The Facility is a payment facility, not a debt collection service.  We will not attempt to recover outstanding money owed on bookings on your behalf.

8.9. Charge backs:  We will do our utmost to limit the possibility of credit card charge backs by following eCommerce and anti-fraud best practice.  In the unlikely event of a charge back, we will notify you immediately.  We retain the right to pass on the cost of any charge backs either by voiding items in your Trust Account, or applying charge back debits to your trust account.

8.10. Settling trust account debt:  In the event that your trust account balance goes into debt, due to overpayment or charge back, we have the right to transfer this debt over to your charges account and seek payment of this debit under our standard payment terms.

8.11. Facility availability:  Bookabach is professionally hosted in 3rd party data centre. The Payment Gateway payment facility (credit card page) relies on technology provided by Payment Express, and hosted by them.  Both parties make best efforts to assure their availability 24/7. However, both organisations need to perform periodic software updates and platform maintenance. Wherever possible these are schedule so as to occur outside of peak demand periods. You accept that the website is provided on an “as is” and “as available” basis and use of the service is at your own risk.

8.12. Accuracy of information:  We provide no warranties on the accuracy of the quotations produced by our system.  It is your responsibility to review any quotations before accepting bookings and taking payments.

8.13. Abandoned Accounts:  We will hold funds in our Commercial Trust for a period of 12-months from when a drawdown becomes available.  If after this we are unable to contact you, and your account is showing no activity, we may deem your account to be abandoned.  In this case we may choose to suspended your account. Any credit remaining in your account ledgers (Charges or Trust) will become forfeited.

9. OTHER GENERAL TERMS

9.1. No liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Bookabach to you or any other person under or in connection with these terms and conditions, or in connection with the services, this website, another Member’s acts or omissions, or your use of or inability to use, the services or this website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Bookabach’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

9.2. Indemnity: You agree to release, indemnify and keep indemnified Bookabach from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions.

9.3. Intellectual Property Rights: Bookabach (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons, video and sound recordings) and the software and other material underlying and forming part of the services and the website. You may not without our prior written permission, by any form or by any means: Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works for any part of this website; or Commercialise, copy, or on-sell any information, or items obtained from any part of this website.

9.4. Force Majeure: Bookabach has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure of Bookabach to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Bookabach.

9.5. No Waiver: If we choose not to exercise or enforce any right available to us under these terms and conditions it does not constitute a waiver of those rights.

9.6. Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

9.7. Governing Law: These terms and conditions are governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.