Basic Rental Guarantee Terms and Conditions
When you request reimbursement under the Basic Rental Guarantee from Bookabach (the “Basic Programme”), you agree with, accept and are subject to these terms and conditions (the “Terms”). As detailed below, the Basic Programme is intended to provide protection against Internet Fraud (as defined below) for deposits or rental fees up to a maximum of:
➢ NZ$1,000.00 for payments made using internet banking (other than internet banking verfied on Bookabach), credit card, personal cheque or Paypal; or
➢ NZ$3,000.00 for payments made using internet banking verified on Bookabach, Bookabach Online Payments or Bookabach Gift Vouchers.
1. General Programme Guidelines.
You may qualify for the Basic Programme if you satisfy all of the following requirements:
Find, enquire about, and pay to rent a holiday rental property advertised on the Bookabach Website and Submit a Basic Rental Guarantee Reimbursement Request Form (the “Request Form”) within the required time periods set forth below. A traveller who properly submits a Request Form is hereafter referred to as a “Protected Traveller” (PLEASE NOTE THAT IN ORDER TO BE A PROTECTED TRAVELLER UNDER THE PROGRAMME, THE LISTING OF THE SUBJECT RENTAL PROPERTY MUST BE AN ACTIVE LISTING ON THE BOOKABACH SITE AT THE TIME OF PAYMENT AND YOUR PAYMENT TO THE ADVERTISER MUST BE RECEIVED BY THE ADVERTISER BEFORE BOOKABACH HAS SENT YOU NOTICE (IF ANY) THAT THE SUBJECT RENTAL PROPERTY IS INELIGIBLE FOR PARTICIPATION IN THE PROGRAMME); Send money to the advertiser using one of the payment methods set out above to secure the booking or reservation of the property; Incur a loss of funds due to Internet Fraud as described in these Terms; Notify Bookabach of your loss within the required time periods set forth below; and Are denied reimbursement for your loss of funds from (i) the advertiser, and (ii) your bank, payment provider or credit card issuer (as applicable).
You do not qualify for protection under the Basic Programme if your incident or loss is eligible for protection under Bookabach’s Book with Confidence Guarantee.
2. Protections Provided.
Subject to the sole discretion of Bookabach, and the restrictions and limitations set forth in these Terms, the Basic Programme provides the monetary limits specified above in aggregate protection to a Protected Traveller against amounts actually paid by a Protected Traveller to an advertiser where such funds are lost or misappropriated as the result of Internet Fraud defined as follows:
(i) such listing is subsequently determined to be fraudulent, in Bookabach’s sole discretion,
(ii) such payment is determined by Bookabach to have been made to the advertiser and is then wrongfully withheld by the advertiser who fails or refuses to return the payment when a refund is due in accordance with the terms of the rental agreement after the Protected Traveller properly cancels the reservation or booking,
(iii) such deposit or payment is determined by Bookabach to have been made to a person other than the advertiser that has compromised or taken over the personal email account of the advertiser and that has posed as the advertiser to the Protected Traveller to induce such payment; or
(iv) such deposit or payment is determined by Bookabach to have been made to a person other than the advertiser that has compromised or taken over the Bookabach account of the advertiser and that has posed as the advertiser to the Protected Traveller to induce such payment.
3. Illustrative Examples of Losses of Funds Not Protected.
The following are illustrative, but not exhaustive, examples of losses of funds that the Basic Programme DOES NOT protect against, as determined in the sole discretion of Bookabach:
➢ Any deposits or payments for a rental not refunded or returned because the Protected Traveller does not comply with the advertiser’s policies or is in breach of the rental agreement.
➢ Any damages other than amounts actually paid to or deposited with the advertiser, including any indirect losses, loss of opportunity, loss of custom fees, other contractual penalties, airfare and/OR any other cost, expense, loss, or damage.
➢ Payments or deposits made to any advertiser via cash, check made out to cash, Western Union, MoneyGram, Moneybookers, or other instant wire transfer services.
➢ Payments or deposits made to any advertiser after HomeAway has sent notice to a Protected Traveller that the subject property is not eligible for participation or protection under the Basic Programme
➢ Any loss of any kind where the Protected Traveller and the advertiser are related to each other in any degree, or are acting in concert to defraud Bookabach.
➢ Any loss of funds that is caused by or results from events outside the control of Bookabach and/or the advertiser, including, but not limited to construction, weather events, natural disasters or political or security threats.
➢ Any deposits or payments for a holiday rental that are not refunded or returned because a Protected Traveller and the advertiser are in a dispute over whether a refund is due.
➢ Any deposits or payments to the advertiser in excess of the monetary limits specified above.
➢ Any loss of funds related to a listed rental property that exists but is the subject of a dispute over whether the advertiser has the authority to lease the subject property.
➢ Any loss of funds not involving Internet Fraud, including, without limitation, any loss involving wrongful denial of entry, material misrepresentation, wrongful deposit loss, events that might be characterized as “renter’s remorse”, “bait and switch” or any objection by the Protected Traveller to the location, condition, cleanliness, or suitability of purpose of the property, all as determined by Bookabach in its sole discretion.
4. Process Requirements.
In order to obtain any reimbursement from Bookabach under the Basic Programme, a Protected Traveller must comply with the requirements set forth below. Failure to follow these requirements, or the taking of any action by any Protected Traveller without the written consent by Bookabach that impairs Bookabach ability and/or right to mitigate any loss, or the making by any Protected Traveller of any false or misleading statement with respect to any request for reimbursement hereunder, will void eligibility for reimbursement under the Basic Programme.
4.1 Third Party Reimbursement.
If a Protected Traveller has paid money to an advertiser via direct bank transfer, PayPal, credit card or check, the Protected Traveller must immediately contact the bank(s), payment provider, or credit card issuer (as applicable) to request recovery or reimbursement of the Protected Traveller’s funds (a “Chargeback”) upon learning of the existence of a potential loss of funds protected under the Basic Programme. A Protected Traveller is only entitled to receive payment from Bookabach under the Basic Programme if the bank(s), payment provider, or credit card issuer (as applicable) denies a Protected Traveller’s request for a Chargeback. Upon request from Bookabach, a Protected Traveller must provide Bookabach with written proof that he or she contacted the bank(s), payment provider, or credit card issuer (as applicable) and that a request for a Chargeback was denied. A Protected Traveller is required to accept any settlement from the bank(s), payment provider, or credit card issuer (as applicable), but may still be eligible for additional payments under the Basic Programme if such settlement amounts to less than the maximum reimbursement amount under the Basic Programme. If a Protected Traveller receives any type of reimbursement from the advertiser after receiving payment from Bookabach under the Basic Programme, the Protected Traveller agrees to immediately notify Bookabach of the reimbursement and refund any and all amounts received in excess of what was due under the Basic Programme.
4.2 Proof of Identity.
A Protected Traveller must provide written proof of his or her identity (e.g., copy of passport, driver’s licence, utility bills, credit card information, etc.) as Bookabach may request in its sole discretion. Bookabach may request one or more forms of proof of identity, and any determination by Bookabach with respect to the valid existence of any proof of identity shall be made in Bookabach sole discretion.
4.3 Document the listing.
Upon request by Bookabach, a Protected Traveller must provide written proof that the subject property was listed on one of the Bookabach Sites when the booking or reservation was made.
4.4 Document the inquiry.
Upon request by Bookabach, a Protected Traveller must provide a copy (electronic or print form) of the inquiry email verification (the “Initial Inquiry”) provided by the Bookabach Site when the Protected Traveller first inquired about the subject property, and Bookabach must be able to verify this Initial Inquiry by locating a log of this inquiry in its database.
4.5 Document the reservation.
A Protected Traveller must prove that he or she reached a final agreement with the advertiser regarding the listed rental property and provide Bookabach with all requested documentation of email, telephone, written or other communications with the advertiser regarding the rental property.
4.6 Document all payment(s).
If Bookabach sends the Protected Traveller a notice that a listing or property is not eligible for participation in the Basic Programme, then the Protected Traveller must prove that he or she made payment via direct bank transfer, PayPal, check or credit card to the advertiser prior to Bookabach transmission of such notice. A Protected Traveller must provide written documentation of all payments and refunds (partial, full and/or deposit) made to or by the advertiser. A Protected Traveller must prove that those payments were made prior to Bookabach transmission of any notice that the subject property was not eligible for participation in or protection under the Basic programme.
4.7 Document the loss.
The Protected Traveller must provide Bookabach with all requested written documentation of lost or misappropriated funds. Further, the Protected Traveller must provide written evidence that the advertiser received funds from the Protected Traveller, was notified of the Protected Traveller’s refund claim, and refused or failed to return or refund such funds to the Protected Traveller. Protected Travellers should not alter or destroy any documentation related to the lost or misappropriated funds until the matter is resolved.
4.8 Notify Bookabach.
The Protected Traveller must notify Bookabach within fifteen (15) business days of the first event giving rise to a Protected Traveller’s request for reimbursement under the Basic Programme by lodging a support request on http://www.bookabach.co.nz/help/contact-us, by email to support@Bookabach.co.nz or by phone on 0800 24 44 48 (Int’l +64 9 366 6401)
4.9 File a Reimbursement Request.
The Protected Traveller must complete, sign and submit the Request Form with all requested documentation to Bookabach within six (6) months from the date your rental was to begin. If a completed Reimbursement Request Form is not submitted within that time period it shall be deemed denied. The as-submitted Request Form must contain the Protected Traveller’s agreement that:
Any payment available to such Protected Traveller under the Basic Programme shall be payable only to the extent that the proceeds of any other coverage or recovery provided by any insurance policy or any other source of recovery held or collectible by any applicant under the Basic Programme is insufficient to reimburse wholly the Protected Traveller for lost or misappropriated payments made to the advertiser or person posing as the advertiser, as applicable;
If Bookabach pays for the reimbursement, reversal or chargeback that a Protected Traveller seeks from a property owner or manager, such traveller agrees that Bookabach assumes all of his or her rights against the advertiser and any third parties related to the payment, and may pursue such rights directly or on such traveller’s behalf, in Bookabach sole discretion; and
Such Protected Traveller agrees to execute a general release agreement in form and substance acceptable to Bookabach, thereby releasing Bookabach from any and all claims such Protected traveller may have arising prior to the date of the payment made by Bookabach.
4.10 Help us help you.
For the avoidance of doubt, if a Protected Traveller requests reimbursement under the Basic Programme, he or she agrees to provide to Bookabach, on a timely basis, any documentation requested to support such request. Such traveller also agrees to fully cooperate with Bookabach in all aspects of the reimbursement process. Bookabach may choose not to process any payment or reimbursement request from a Protected Traveller who fails to respond to Bookabach inquiries within specified times.
5. Reimbursement process.
Bookabach will complete the processing of each request for reimbursement under the Basic Programme within a reasonable time period after receipt of all requested documentation. As noted above, it is recommended that Protected Travellers who are seeking reimbursement do not discard or alter any documentation related to the reimbursement request until the matter is resolved.
6. Entire Agreement; Contact Information.