Rental website general terms of use

Rental Website General Terms of Use

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

We reserve the right to make changes and additions to the website, the services on offer, and these terms and conditions without prior notification. These terms and conditions replace any previous published terms related to the use of the website for rental.

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.

‘Owner’ refers to a bach owner.

‘Agent’, ‘booking agent’ or ‘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).

‘Accommodation provider’ means the Owner (if owner-managed) or Owner’s representative (family member, friend, agent or property manager).

‘Services’ means one or more service offerings provided by Bookabach.

‘We’, ‘us’ and ‘our’ are referring to Bookabach Ltd.

‘Traveller’,  ‘you’ or ‘your’ are referring to you.

‘Listing’ means a property listing (advertisement) on Bookabach.

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

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

1. GENERAL TERMS OF USE

1.1. Services: We provide a service that puts you in touch with holiday home accommodation providers.  If a rental proceeds, you are entering into a rental agreement with the accommodation provider, not Bookabach.  It is up to you to finalize terms or rental and complete any financial transactions.  We provide the forum and in some cases we provide a payment facility for the financial transaction (for credit card payments).

1.2. At your own risk: All transactions carried out by you are conducted entirely at your own risk. We make no warranties as to the accuracy of any information on the website or that the accommodation is fit for purpose, safe and sanitary, or suitable for your specific needs. We take no responsibility or liability for misrepresentation of properties and/or fraudulent behaviour.

1.3. Accuracy and availability of information:  You accept that the website is provided on an “as is” and “as available” basis and your use of the service is at your sole risk.  We do not warrant that the services provided will be uninterrupted, timely, secure or error free, or that any information, (including listings, feedback and guest books) provided on the website is error-free or reliable. 

1.4. No endorsement: Responsibility for property listings on the website rests solely with the accommodation provider related to that property. The placement of these listings does not constitute an endorsement or recommendation by us. Each accommodation provider is solely responsible for any representation made in connection with their listing(s).

1.5. Right to modify or discontinue service: We may modify or discontinue this website, with or without notice to you. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation.

1.4. Liability:  We accept no responsibility for information supplied by third parties and, in particular, does not guarantee or warrant the accuracy of, or the fitness for any particular purpose of, or merchantability of, any third party information, product or service available from, or referred to, on this site.  We will not be liable for any damages or loss caused by the use of any information on this site.


1.5. Indemnity: You agree to release, indemnify and keep indemnified us 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. Notwithstanding, the limitation of any liability against us shall not exceed the value of the rental transaction itself.

2. MEMBERSHIP

2.1. Rights to a membership: Anyone over the age of 18 years old can become a member of Bookabach.  By registering as a member you warrant that you can form a legally binding agreement.  You are responsible for any actions taken through your membership. Memberships are non-transferable and cannot be sold, leased, let or traded.

2.2. Termination of membership: We reserve the right to remove memberships that are deemed non-active or have not been accessed for some time.  We reserve the right to terminate your membership and use of the website if we believe you have violated or acted inconsistently with the letter or spirit of these terms and conditions, violated our rights, the rights of other members or any third party, or for any reason we see fit with or without notice to you.

2.3. Accuracy of information supplied: You warrant that you have provided complete, accurate and current personal information when registering as a member. 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.

2.4. Security of your login information: You will receive 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.

2.5. Emails and newsletters: We reserve the right to send you emails related to your membership and any transactions you perform through the website. We may also send you periodic electronic marketing materials (e.g. newsletters), which you can opt out of receiving.

3. RULES ON CONDUCT

3.1. Your conduct in using the website: All communications made through the Bookabach system must be made in good faith. You must not damage, interfere with or harm the website of services, or any network, or underlying system part thereof, 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 authorization.

3.2. Posting of any content (including feedback, guestbooks etc.):  You are responsible for any content you provide to us and are responsible for the consequences of your posting such content.  By providing any 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.  Any images you upload must be “unmodified”, i.e. not digitally enhanced or modified in any way. This includes the addition of borders, arrows, outlines, logos, text or other enhancements.  You shall not list your phone number, email address, name or URL in any posted website content (e.g. feedback, guestbooks etc.).  You must not post material that violates 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. We reserve the sole right to determine what is considered offensive, defamatory or inappropriate language. You must not post sexually-explicit images.  You must not post or transmit advertisements, promotional materials, “junk mail,” “spam,” chain letters, pyramid schemes or any other form of solicitation. We reserve the right to edit or remove any content you supply for any reason we deem necessary.

3.3. Posting feedback and guestbook entries:  You may only give feedback related to a specific transaction. You must not post feedback about yourself.

3.4. Representation:  You must not impersonate another person. You must not misrepresent your affiliation with any person or organization, or claim any endorsement you are not entitled to.

3.5. Non-solicitation: You must not solicit our members via the website for any products or services. Attempts to solicit our members may result in suspension or terminating of your membership at our discretion.

4. MAKING A BOOKING

4.1. Terms of trade: Each accommodation provider is responsible for setting their own Terms of Trade (Rental Terms) - not Bookabach. It is up to you to ensure these are made available to you, and that you’ve read and understand them before you proceeding with any rental.  They should include (as a bare minimum) payment terms (what to pay when) and cancellation terms (what you forfeit if you cancel). We will not be held responsible for Rental Terms that are either not defined, are poorly defined (unworkable) or unfair.

4.2. Payment methods:  When you pay for your booking using Bookabach online credit card payments (online payments) or using a Bookabach Gift Voucher your payment is held in our commercial trust.
4.3. Traveller protections: depending on your booking and payment method, you may be protected by our Book with Confidence Guarantee or our Basic Rental Guarantee. Please refer to the relevant sections of the website for more information on these products and your eligibility for protection.
4.3. Cancellations: You should notify the accommodation provider as soon as you know you need to cancel. If you have paid using online payments (credit card) or a Bookabach Gift Voucher then we will refund any cancellation due on instruction from the bach owner/property manager.  In all other cases your cancellation refund will be processed and provided by the Accommodation Provider.


5. ACCOUNTS & CHARGES

5.1. Service Fees: We may charge a service fee to Travellers who book and pay through the website using Bookabach online payments or Bookabach Gift Vouchers. This service supports the running of the Site and the services we provide to you. Any service fee will be displayed at the time of booking. Service fees are non-refundable except in the case where an owner/manager cancels a booking. Payment of a service fee does not guarantee availability of a property.

5.2. Charges and GST: All charges are shown in NZD and inclusive of GST (if applicable).5.3. Settling your account: You must settle any negative account balance within 7 days.  We may send you account payment reminders if your account goes into negative balance.

5.4. Overdue accounts: We reserve the right to take action against you to settle any outstanding 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.
5.5.  Abandoned accounts: If you have not logged into our website for a period of 12 months your membership will be deemed abandoned. Your membership may be suspended or terminated and any credit remaining in your account forfeited.


5. GENERAL PROVISIONS

5.1. System Integrity: We will make all effort 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, Bookabach assumes no responsibility for the corruption of any data or information held by Bookabach.

5.2. Disputes: 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.

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

5.4. 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.