Last updated: . For Bookings made prior to 2nd April 2025, please contact enquiries@bachcare.co.nz for a copy of your terms and conditions.

  1. 1.

    Welcome

    1. 1.1 Bachcare Limited (we, us, our and Bachcare) owns and operates the website https://www.bachcare.co.nz (Website).
    2. 1.2 We offer our customers the ability to book the properties described on our Website (Property) for a holiday. All you need to do is make a booking request of the particular owner(s) of the Property (Owner) through the Website or by calling or emailing us on Contact Details (Booking).
    3. 1.3 It is important that you read the Booking Terms set out below carefully before making a Booking. If you cancel a Booking you may not be able to recover 100% of the payments you have made for that Booking and in some cases, additional costs may become payable by you. Cancellation policies and the consequences of cancellations (by you or by the Owner (or us acting as the Owner’s agent)) are detailed in paragraphs 10 to 12 of these Booking Terms.
  2. 2.

    Booking Contract and Rental Contract

    1. 2.1 Two contracts: When you make a Booking request and then receive an email from us confirming your Booking (a Booking Confirmation), you will have entered into two legally binding contracts at the same time, one with Bachcare (for certain booking services and any cleaning and linen related services and/or other additional services that you choose to purchase from Bachcare, that Bachcare provides) and one with the Owner for the use of their Property and any related services that the Owner provides to you. These two contracts are described below:
      1. 2.1.1 Booking Contract with Bachcare: You are entering into a contract directly with Bachcare for the services we provide to you to allow you to make a Booking (Booking Services), and for other ancillary services that we may offer to you, such as cleaning and linen (Bachcare Services) and/or for other additional services that you may choose to purchase from us such as fees for processing a change of date you have agreed with an Owner (Additional Bachcare Services). The terms of the Booking Contract are made up of:
        1. a. this document where it refers (or otherwise applies) to the Booking Services, the Bachcare Services and/or the Additional Bachcare Services;
        2. b. our Privacy Policy, Review Policies and any other policy that we may bring to your attention (if any) when you make a Booking request;
        3. c. any details, conditions and restrictions notified to you during the Booking process that relate to the Booking Services, Bachcare Services or Additional Bachcare Services; and
        4. d. the charges payable by you to us for the Booking Services (Booking Fee), the Bachcare Services (Bachcare Service Charges) and any Additional Bachcare Services (which we will bring to your attention before they are incurred) (Additional Bachcare Charges).

        To ensure we are able to contact you promptly with information related to your Booking, please let us know promptly about any changes to your email address or other contact details.

      2. 2.1.2 Rental Contract with the Owner: When you book a Property through Bachcare, you are entering into a contract directly with the Owner for the use of their Property and any related services provided directly to you by the Owner (Rental Services). We do not own any of the Properties and are not a party to the Rental Contract, as it is the Owner (not Bachcare) who supplies you with the Rental Services.

        The Rental Contract gives you a temporary license to occupy the Property. The terms of the Rental Contract are made up of:

        1. a. this document where it refers (or otherwise applies) to the Property and/or the Rental Services;
        2. b. the dates (and time periods) for a Booking during which you will be entitled to use the Property (Holiday Period);
        3. c. any details, conditions and restrictions notified to you during the Booking process relating to the Rental Services, such as maximum number of people (Booking Details); and
        4. d. the charges payable by you to the Owner (which we collect on behalf of the Owner) (Rental Charges).

        Although the Rental Contract is between you and the Owner of the Property, the Owner has appointed Bachcare as its agent in relation to the booking process and the Owner’s rights and obligations under the Rental Contract (including to collect amounts owed by you to the Owner or to deal with any complaints or disputes that you have about the Rental Services or the Property). However, this does not mean that we (Bachcare) will become responsible to you for any payment or other liability or obligation that the Owner may owe to you under the Rental Contract (even if we are required to take reasonable steps to facilitate such payments to you from the Owner) or in connection with any dispute or other matter relating to the Property or Rental Services the Owner remains directly responsible to you.

  3. 3.

    Making your Booking

    1. 3.1 Personal use only: Booking Services, Bachcare Services, and Rental Services are available for your personal, private and non-commercial use only. You may not offer for resale any Booking Services, Bachcare Services, and Rental Services without our express written permission (on our own behalf or as agent for the Owner, as applicable).
    2. 3.2 Eligibility: To be eligible to make a Booking:
      1. 3.2.1 you must be 18 years of age or over and have the legal capacity to enter into legally binding agreements;
      2. 3.2.2 you must register with us on the Website or by telephone by providing your full name, telephone number, email address and any other information that we may request in order to process your registration; and
      3. 3.2.3 you must provide a valid payment option of a type accepted by us.
    3. 3.3 Confirming a Booking: By submitting a Booking to us you are making an offer to enter into:
      1. 3.3.1 a Booking Contract with us: and
      2. 3.3.2 a Rental Contact with the relevant Owner.

      Provided we have successfully processed all payments required at the time of Booking and the Property is available for the Holiday Period, we will send a Booking Confirmation on our own behalf and on behalf of the Owner. The Booking Confirmation will contain a link to these Booking Terms and other details relating to the Booking.

    4. 3.4 When contracts are formed: When we send the Booking Confirmation:
      1. 3.4.1 we are accepting your offer to enter into the Booking Contract with us; and
      2. 3.4.2 on behalf of the Owner (as the Owner's agent), we are accepting your offer to enter into the Rental Contact with the Owner.

      It is at this point that you enter into the legally binding Rental Contract with the Owner and the legally binding Booking Contract with us.

    5. 3.5 Your responsibility to check the Booking Confirmation: Please check all the details in the Booking Confirmation promptly after receiving the Booking Confirmation and notify us within 24 hours of receipt of the Booking Confirmation if you think there are any errors with the Booking. If we do not hear from you within 24 hours of sending the Booking Confirmation, we will take it to mean you are happy with the Booking Confirmation. Where you contact us (Contact Details) about an error or mistake in a Booking Confirmation within 24 hours of sending the Booking Confirmation:
      1. 3.5.1 If the error was yours, we may be able to amend the Booking but you could incur Additional Bachcare Charges and additional Rental Charges (see paragraph 10).
      2. 3.5.2 If the error was ours we will correct and reissue the Booking Confirmation. You will not incur any Additional Bachcare Charges for this. Where this is not possible, because for example the error concerned the dates of your holiday and that particular Owner’s Property is not available for then, Bachcare will, having spoken to the Owner of the Property, discuss alternative solutions with you. If an alternative solution cannot be found, each of Bachcare and the Owner of the Property will refund to you the amounts that you paid to them.
  4. 4.

    Restrictions On Holiday Periods and Number of Guests

    1. 4.1 Maximum Holiday Periods: The maximum Holiday Period for any Booking is generally 28 consecutive days and is always subject to availability of the particular Property. However, certain Properties may have shorter maximum Holiday Periods. This will be clearly stated in the relevant Property listing or be apparent from length of time the Website allows you to book.
    2. 4.2 Minimum Holiday Periods: Certain Properties have specific minimum Holiday Periods for Bookings. This will be clearly stated in the relevant Property listing or be apparent from length of time the Website allows you to book.
    3. 4.3 Maximum persons and adults: Each Property has specific maximum number of persons who may stay at the Property. This will be clearly stated in the relevant Property listing. Unless we agree otherwise in writing on the Owner's behalf, no more than the maximum number of people specified on the Property listing may stay at the Property, regardless of the number of beds available at the Property. A Property may also have a maximum number of adults who may stay at the Property which will be clearly stated in the relevant Property listing. When a Property allows a maximum number of persons greater than the maximum number of adults, additional persons (up to the maximum number) can only be children 12 years old or under.
  5. 5.

    Payment and Charges

    1. 5.1 Taking payments at the time of Booking: All Booking Fees, Bachcare Service Charges, Additional Bachcare Charges and Rental Charges in relation to a Booking (Total Charges) will be clearly identified during the Booking process along with when such payments are due. We will process payments due at the time of Booking from your chosen payment method once you have entered or otherwise provided your payment details (on our own behalf under the Booking Contract, or as agent for the Owner under the Rental Contract, as applicable).
    2. 5.2 Taking payments after you receive the Booking Confirmation : For amounts due after we send the Booking Confirmation we will notify you when they are due and you will be responsible for paying them within the timeframes that we specify. In relation to such amounts:
      1. 5.2.1 we will automatically take payment using your confirmed payment method (on our own behalf under the Booking Contract, or as agent for the Owner under the Rental Contract, as applicable); or
      2. 5.2.2 if your confirmed payment method that you authorised us to take payment from has expired or cannot be used by us, or you didn't authorise us to take further payment, you will need to make these payments (to us under the Booking Contract, or to us as agent for the Owner under the Rental Contract, as applicable) either by using the payment feature within your account on the Website or by providing us with a valid payment method by telephone (Contact Details).
    3. 5.3 Payments for loss, cost or damage: Where you are liable to us, or any Owner, for any loss, cost or damage under the Booking Contract and/or the Rental Contract, you authorise us to take payment of such amounts (on our own behalf under the Booking Contract, or as agent for the Owner under the Rental Contract, as applicable) using any payment method you have provided us. If any such payment method has expired or cannot be used by us, when we notify you of this you must immediately pay (to us under the Booking Contract, or to us as agent for the Owner under the Rental Contract, as applicable) such amounts either by using the payment feature within your account on the Website or by providing us with a valid payment method by telephone (Contact Details). We will notify you prior to taking payment of loss or damage from your payment method and, if you raise a formal dispute in respect of the amount being claimed, we will not take payment of the disputed amount until the relevant dispute has been resolved.
    4. 5.4 Pricing errors found after a Booking Confirmation: If we send a Booking Confirmation where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the Booking and will refund you any sums you have paid to us (on our own behalf under the Booking Contract, or as agent for the Owner under the Rental Contract, as applicable).
    5. 5.5 If you think the amounts due are wrong: If you think any amounts we notify you as due are wrong, please contact us promptly (Contact Details) to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved you will be charged interest on any amount that you should have paid but did not from the original due date for payment until it is actually paid.
    6. 5.6 Interest for non-payment or late payment: If you do not make any payment to us by the date that payment is due you may be charged interest on the overdue amount at the rate of 4% a year above the Westpac New Zealand Limited 90-day bank bill rate from time to time (but at 4% a year for any period when that base rate is below 0%). This interest will attach to the overdue payment and will accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay interest together with any overdue amount.
    7. 5.7 Bonds: A bond may be charged under the Rental Contract (for the benefit of the Owner) in relation to any Booking. This will be clearly stated in the relevant Property listing and/or during the Booking process. The terms and conditions applying to any bond will be brought to your attention during the Booking process and will form part of the Booking Details applying to your Booking.
  6. 6.

    Gift Vouchers

    1. 6.1 Denominations: Gift vouchers are available in denominations of $25 and can be used to pay for Bookings in part or in full. Where the cost of a Booking is less than the value of the gift voucher, the remaining balance of the gift voucher remains valid and can be used for future Bookings (though it must be used before the voucher's validity period expires). No cash refunds will be given.
    2. 6.2 Redeeming gift vouchers: A gift voucher can be redeemed when making a Booking on the Website or by telephone by providing us with the unique code that appears on the gift voucher. Where a gift voucher has been partially redeemed on the Website and there is remaining credit, that remaining credit can be redeemed only by telephone.
    3. 6.3 Validity period of gift vouchers: Gift vouchers are valid for a period of 2 years from the date of purchase and can only be used for a Booking with a Holiday Period that starts before the voucher's validity period expires. Any remaining balance on a gift voucher may no longer be used after expiry of its validity period.
    4. 6.4 Bookings purchased with a gift voucher subsequently cancelled : If a Booking is purchased with a gift voucher and that Booking is subsequently cancelled, the gift voucher portion of the Booking will be credited to your account for you to use at a later date. In all other respects the relevant cancellation terms outlined in these Booking Terms will apply to the cancelled Booking.
    5. 6.5 Limits on use of gift vouchers: Gift vouchers cannot be exchanged for cash, replaced if lost or damaged and are non-refundable. We do not permit you or any third party to sell or trade our gift vouchers unless we have given you our written permission to do so.
  7. 7.

    Your Responsibilities

    1. 7.1 Information you provide: You must make sure that all the information you provide in connection with the Booking, including all Booking Details, are true, accurate, current and complete.
    2. 7.2 Your responsibility for transactions made under your name or account : You accept responsibility for all transactions made under your name or account.
    3. 7.3 Your promises to us and to Owners: You promise to us and to the Owner of the Property that you are Booking that, unless we (as agent for the Owner) have agreed otherwise in writing, during the Holiday Period:
      1. 7.3.1 the number of people, adults and pets occupying the Property will not exceed the number for each stated in the Booking Confirmation;
      2. 7.3.2 you will not:
        1. a. allow any person other than you and your guests to use the facilities and amenities of the Property;
        2. b. arrange for additional visitors to come to the Property or hold events (such as parties, celebrations or meetings) at the Property;
        3. c. cut keys or clone remote controls for the Property;
        4. d. do anything that could invalidate the insurance policy for the Property;
        5. e. leave a fireplace, heater, element or oven unattended;
        6. f. sleep in beds without sheets;
        7. g. move or rearrange any furniture; or
        8. h. allow any person to smoke on the Property unless the relevant Property listing specifically permits smoking;
      3. 7.3.3 the Property will be used solely for the purpose of private accommodation for you and your guests and will not be used for any commercial or business purpose;
      4. 7.3.4 you will provide sufficient towels, top sheets and bottom sheets, tea towels, bath towels, hand towels, face cloths etc., unless we have agreed to provide them as part of Bachcare Services or they are included in the nightly rate as indicated on the Property listing;
      5. 7.3.5 you will show all due consideration and respect for the Owner, their representatives, neighbours and other persons or parties that have a connection with the Property. This includes not participating in any illegal, dangerous, offensive, inappropriate, violent, or anti-social behaviour;
      6. 7.3.6 you will use the Property and Rental Services lawfully and comply with all applicable laws and will comply with any health and safety or other policies or instructions notified to you by us or the Owner;
      7. 7.3.7 you will allow the Owner or any representative of the Owner (including any tradespeople) to access the Property at any reasonable time, provided the Owner (or us acting on the Owner's behalf, as its agent) provides you with reasonable advance notice (except where access is required due to an emergency, for example, if repairs need to be carried out or we or the Owner become aware, or have a reasonable suspicion, that you have breached, or will breach, the Rental Contract);
      8. 7.3.8 you will keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the start of the Holiday Period and you will ensure that at the end of your Holiday Period the Property is left in the same state of order and cleanliness in which it was found. We or the Owner (or us acting on the Owner's behalf, as its agent) may charge you for any additional, reasonable charges for professional cleaning after the end of your Holiday Period where you have failed to comply with this paragraph 7.3.8;
      9. 7.3.9 you will not abuse or damage any facilities provided as part of the Rental Services and report as soon as possible to us (as the Owner's agent) any breakages or damage caused by you or your guests. Without affecting any other remedies that the Owner has under the Rental Contract, you acknowledge that the Owner (or its insurer) may make a claim against you in respect of the relevant breakage or damage..;
      10. 7.3.10 you will arrive at the Property no earlier than the time confirmed in the Booking Confirmation on the first day of your Holiday Period and you will vacate the Property by no later than the time confirmed in the Booking Confirmation on the last day of your Holiday Period;
      11. 7.3.11 you will provide us with any information that is reasonably requested from you or your guests; and
      12. 7.3.12 you will keep the location of all keys/access cards for the Property confidential and return all of them and other access mechanisms at the end of your Holiday Period to the location specified in the Booking Confirmation or as we may otherwise advise you.
    4. 7.4 Your responsibility for guests: You must ensure that all your guests comply with all obligations and restrictions in relation to the Property. You must be present and onsite at the property throughout the stay, unless agreed in writing by us (on behalf of the Owner). Even if you are not at the Property at any time during the Holiday Period, you will still be responsible for all your obligations under the Booking Contract and the Rental Contract as well as for the guests staying at the Property and the things they do (and do not do).
  8. 8

    Owner Responsibilities

    1. 8.1 Owner responsibilities: The Owner will:
      1. 8.1.1 perform the Rental Services using reasonable care and skill and in compliance with all applicable laws;
      2. 8.1.2 subject to all other terms of the Rental Contract, ensure that you and your guests have exclusive access to the Property and Rental Services for the full Holiday Period;
      3. 8.1.3 ensure that the Property is properly maintained and complies with all applicable laws and regulations, in particular, relating to fire, health, safety, utilities and planning;
      4. 8.1.4 show all due consideration and respect to you and your guests including refraining from any dangerous, offensive, inappropriate, violent or anti-social behaviour towards you and your guests;
      5. 8.1.5 comply with the terms of the Rental Contract; and
      6. 8.1.6 respond to queries, complaints and problems which arise during or after the Holiday Period and use reasonable efforts to resolve them (and we will also try and facilitate a resolution if the Owner requests us to, or the Owner has previously authorised us to do so, on their behalf).
  9. 9

    Our Responsibilities

    1. 9.1 Our promise to you: We will:
      1. 9.1.1 perform the Booking Services and the Bachcare Services using reasonable care and skill;
      2. 9.1.2 show all due consideration and respect to you and your guests including refraining from any dangerous, offensive, inappropriate, violent or anti-social behaviour towards you and your guests;
      3. 9.1.3 comply with the terms of the Booking Contract; and
      4. 9.1.4 respond to queries, complaints and problems which arise during or after the Holiday Period in relation to the Booking Services and/or Bachcare Services and use reasonable efforts to resolve them.
  10. 10

    Your Rights to Amend or Cancel a Booking or Rental Contract After a Booking Confirmation

    1. 10.1 Amending a Booking after the Booking Confirmation: If you would like to amend your Booking after the Booking Confirmation, please do so through your account on the Website or by contacting us (Contact Details). The Owner may or may not agree to your request, but you will receive notification of the Owner’s decision within 24 hours of Owner advising us of their decision. If your request to amend the Booking is accepted by the Owner, there may be Additional Bachcare Charges, Bachcare Service Charges and/or Rental Charges you must pay. We will always notify you of these charges in advance and let you know how and when they must be paid.
    2. 10.2 Cancellation for breach by the Owner: You may immediately cancel a Booking (including the associated Rental Contract and Booking Contract):
      1. 10.2.1 if the Owner has committed a serious breach of its obligations to you under the Rental Contract and has not remedied that breach within 24 hours of you notifying us or the Owner of the breach. A serious breach may include the Property not being vacant, you not being given exclusive access to it, the Property not having been maintained to an occupiable standard, a material amenity in respect of which the Property was booked not being available for use during the entirety of your stay, the Property not being safe to occupy or the Property being subject to building works that are detrimental to and disturb your stay; or
      2. 10.2.2 if there was an error in the Rental Charges or a significant error in the Booking Details relating to the Property or in the description of the Rental Services relating to a Booking and the Owner has not remedied that breach within 24 hours of you notifying us or the Owner of the breach (see the examples in paragraph 10.2,1).

      Alternatively, the Owner may cancel a Booking, other than because of your breach under paragraph 11 or an Unexpected Event under paragraph 12, as their Property is unavailable for another reason. This shall also be considered a breach by the Owner.

    3. 10.3 Consequences of cancellation for breach by the Owner under paragraph 10.2 : If you:
      1. 10.3.1 validly cancel your Booking for any of the reasons in paragraph 10.2.1 or 10.2.2; or
      2. 10.3.2 the Owner cancels your Booking, other than because of your breach under paragraph 11 or an Unexpected Event under paragraph 12, as their Property is unavailable for another reason, then you will be entitled to your choice of being re-accommodated in alternative accommodation, as agreed between you and Bachcare (on behalf of the Owner) and with the Owner to meet any additional accommodation costs, or a refund from the Owner of:
      3. 10.3.3 Rental Charges: the Rental Charges you have paid for the Booking for any part of the Holiday Period after the date of cancellation;
      4. 10.3.4 Bachcare Booking Fee, Bachcare Service Charges and Additional Bachcare Charges : an amount equal to:
        1. a. the Booking Fee;
        2. b. any Additional Bachcare Charges;
        3. c. if the Booking has not commenced, the Bachcare Service Charges or if the Booking has commenced the Bachcare Service Charges in the same percentage as for the Rental Charges refund under 10.3.3; and
        4. d. subject to clause 10.3.4(e), any costs or expenses you necessarily incur as a sole and direct consequence of the cancellation of your Booking, but only to the extent such costs and expenses are non-refundable and/or are not covered by any policy of insurance you hold (or otherwise have the ability to recover such costs and expenses from). Evidence of such costs and expenses must be provided to Bachcare (on behalf of the Owner) prior to its approval (on behalf of the Owner) of any reimbursement under this paragraph d. However, the total amount you may claim from the Owner under this paragraph d is capped at 30% of the total Rental Charges paid and payable by you for the relevant Booking. You are obliged to take reasonable steps to reduce or avoid any costs or expenses incurred as a consequence of the cancellation. These reasonable steps may include, but not be limited to, utilising insurance to the extent that you have it, continuing with your trip but at alternative accommodation or where this is not possible, cancelling arrangements in a manner that secures you the greatest refunds available.
        5. e. the right to claim compensation under clause 10.3.4(d) above is in addition to, and does not purport to exclude or limit, any rights or remedies you have under the law that we are not legally able to exclude (for example, your rights under the Consumer Guarantees Act 1993) in relation to the Rental Services. You may claim compensation under clause 10.3.4(d) even if you do not have a right to compensation under the Consumer Guarantees Act 1993, provided that you will not be able to recover the same amount twice.

        Acting as the Owner's agent, we will take all reasonable steps to facilitate the payment of this refund from the Owner to you.

    4. 10.4 Cancellation for breach by Bachcare: if we have committed a serious breach of our obligations to you in respect of any Booking Services (for example the way our Website has incorrectly operated has double booked the Property) or Bachcare Services involving cleaning or linen at the Property and have not remedied that breach within 24 hours of you notifying us of the breach, you may immediately cancel a Booking (including the associated Booking Contract and Rental Contract). If you validly cancel your Booking under this paragraph 10.4, you will be entitled to your choice of being re-accommodated in alternative accommodation, as agreed between you and Bachcare, with Bachcare to meet any additional accommodation costs or a refund from Bachcare of:
      1. 10.4.1 Rental Charges: an amount equal to the Rental Charges you have paid for the Booking for any part of the Holiday Period after the date of cancellation;
      2. 10.4.2 Bachcare Booking Fee, Bachcare Service Charges and Additional Bachcare Charges : the:
        1. a. Booking Fee; and
        2. b. any Additional Bachcare Charges;
        3. c. if the Booking has not commenced, the Bachcare Service Charges or if the Booking has commenced the Bachcare Service Charges in the same percentage as for the Rental Charges refund under 10.4.1; and
        4. d. in addition to any rights you might have under the Consumer Guarantees Act 1993 in relation to the Bachcare Services (and provided that you shall not be able to recover the same amount twice), any costs or expenses you necessarily incur as a sole and direct consequence of the cancellation of your Booking, but only to the extent such costs and expenses are non-refundable and/or are not covered by any policy of insurance you hold (or otherwise have the ability to recover such costs and expenses from). Evidence of such costs and expenses must be provided to Bachcare prior to its approval of any reimbursement under this paragraph d. However, the total amount you may claim from Bachcare under this paragraph d is capped at 30% of the total Rental Charges paid and payable by you for the relevant Booking. You are obliged to take reasonable steps to reduce or avoid any costs or expenses incurred as a consequence of the cancellation. These reasonable steps may include, but not be limited to, utilising insurance to the extent that you have it, continuing with your trip but at alternative accommodation or where, this is not possible, cancelling arrangements in a manner that secures you the greatest refunds available.
    5. 10.5 Cancelling a Booking because you have changed your mind: If you change your mind after you receive the Booking Confirmation and cancel your Booking (including the associated Rental Contract and Booking Contract), the following refunds will be available to you:
      1. 10.5.1 Cancellation where you cancel (a) within 48 hours of us sending you the Booking Confirmation and (b) more than 30 days before your Holiday Period is due to start:
        1. a. a. Rental Charges: you are entitled to a refund, from the Owner, of any Rental Charges you have paid to the Owner prior to the date of cancellation. Acting as the Owner's agent, we will take all reasonable steps to facilitate the payment of this refund to you by the Owner.
        2. b. b. Bachcare Booking Fee: you are entitled to a refund from Bachcare of the Booking Fee .
        3. c. c. Bachcare Service Fees: we will refund you the Bachcare Service Charges you have paid to us prior to the date of cancellation.
        4. d. d. Additional Bachcare Charges: you are entitled to a refund from Bachcare of any Additional Bachcare Charges .
      2. 10.5.2 Cancellation where you have not cancelled within 48 hours of us sending you the Booking Confirmation, but have cancelled more than 12 months before the start of you Holiday Period:
        1. a. Rental Charges: you are entitled to a refund, from the Owner, of any Rental Charges you have paid to the Owner prior to the date of cancellation, excluding 50% of the 30% deposit on the Rental Charges that you have paid to the Owner (Rental Charges Deposit). Acting as the Owner's agent, we will take all reasonable steps to facilitate the payment of this refund to you by the Owner. You may also be eligible for a further refund under the Bachcare Re-let Policy in paragraph 10.6 below.
        2. b. Bachcare Booking Fee: you are not entitled to a refund from Bachcare of the Booking Fee as we will already have supplied to you the Booking Services to which that fee relates.
        3. c. Bachcare Service Fees: we will refund you the Bachcare Service Charges you have paid to us prior to the date of cancellation.
        4. d. Additional Bachcare Charges: you are not entitled to a refund from Bachcare of any Additional Bachcare Charges as we will already have supplied to you the services to which those charges relate.
      3. 10.5.3 Cancellation where you have not cancelled within 48 hours of us sending you the Booking Confirmation or more than 12 months before the start of your Holiday Period, but have cancelled more than 30 days before the start of your Holiday Period :
        1. e. Rental Charges: you are entitled to a refund, from the Owner, of any Rental Charges you have paid to the Owner prior to the date of cancellation, excluding the 30% deposit on the Rental Charges that you have paid to the Owner (Rental Charges Deposit). Acting as the Owner's agent, we will take all reasonable steps to facilitate the payment of this refund to you by the Owner. You may also be eligible for a further refund under the Bachcare Re-let Policy in paragraph 10.6 below.
        2. f. Bachcare Booking Fee: you are not entitled to a refund from Bachcare of the Booking Fee as we will already have supplied to you the Booking Services to which that fee relates.
        3. g. Bachcare Service Fees: we will refund you the Bachcare Service Charges you have paid to us prior to the date of cancellation.
        4. h. Additional Bachcare Charges: you are not entitled to a refund from Bachcare of any Additional Bachcare Charges as we will already have supplied to you the services to which those charges relate.
      4. 10.5.4 Cancellation where you cancel 30 days or less before the start of your Holiday Period :
        1. a. Rental Charges: except as detailed in the Bachcare Re-let Policy in paragraph 10.6, you are not entitled to a refund of any Rental Charges from the Owner.
        2. b. Bachcare Booking Fee: you are not entitled to obtain a refund of the Booking Fee from Bachcare, as we will already have supplied you with the Booking Services to which that fee relates.
        3. c. Bachcare Service Charges: to the extent we have not provided you with Bachcare Services that you have paid for at the time of cancellation we will refund you the Bachcare Service Charges for those undelivered Bachcare Services, minus any costs reasonably incurred or committed to by us in anticipation of providing those Bachcare Services.
        4. d. Additional Bachcare Charges: you are not entitled to a refund from Bachcare of any Additional Bachcare Charges as we will already have supplied to you the services to which those charges relate.
    6. 10.6 Re-Let Policy: If the Owner re-lets the Property (using Bachcare) for all (or any) of the dates during the original Holiday Period of the Booking cancelled by you under paragraph 10.5.2, 10.5.3 or 10.5.4 (a Re-Let), you may be entitled to a refund from the Owner of some of the Rental Charges you paid for your cancelled Booking, but only in respect of the days that the Re-Let actually crossed over with your original Holiday Dates (the Re-Let Days). Any refund payable under this paragraph 10.6 for the Re-Let Days will be calculated as follows:
      1. 10.6.1 if you only paid a Rental Charges Deposit to Bachcare for your original Booking, any refund you receive in respect of the Re-Let Days will be:
        1. a. the portion of the Rental Charges Deposit for your original Booking that you did not (or are not eligible to) receive a refund of under paragraph 10.5, capped at 30% of the rental charges received by the Owner for the Re-Let Days (and which are not the subject of any Re-Let cancellation); minus
        2. b. NZ$60 administration fee (payable to Bachcare) to cover the administration costs incurred by Bachcare in arranging the re-let and associated refunds (Admin Fee); or
      2. 10.6.2 if you paid 100% of the Rental Charges for your original Booking, any refund you receive in respect of the Re-Let Days will be:
        1. a. the portion of the Rental Charges that you paid the Owner for your cancelled Booking that you did not (or are not eligible to) receive a refund of under paragraph 10.5, capped at the rental charges received by the Owner (but excluding any Re-let rental charges an Owner is required to refund in the case of any Re-Let cancellation) for the Re-Let Days, minus
        2. b. the Admin Fee (payable to Bachcare).

        Any refund payable under this paragraph 10.6 will be calculated (and, if applicable, paid) once the Re-Let Days have passed, and Bachcare will take all reasonable steps to facilitate the payment of the refund to you from the Owner (less the Admin Fee payable to Bachcare). Because of the Admin Fee payable to Bachcare, no refund will be payable to you under this paragraph 10.6 if the amount of the refund would be NZ$60 or less.

    7. 10.7 Owner to keep the Property available for re-let: If you cancel a Booking under paragraph 10.5.2, 10.5.3 or 10.5.4, the Owner will keep the Property available to be re-let until the earlier of: (a) the date on which the Property is re-let (via Bachcare) for all of the dates during the original Holiday Period of the Booking cancelled by you; (b) a date on which the Property is re-let (via Bachcare) for some of the dates during the original Holiday Period and as a result of such re-let, you are entitled to the maximum refund (less the Admin Fee) under paragraph 10.6.1 or 10.6.2, as applicable; and (c) the end of the original Holiday Period. If the Owner does not keep the Property available for this entire period, you are entitled to a refund from the Owner of:
      1. 10.7.1 if you only paid a Rental Charges Deposit to Bachcare for your original Booking, the portion of the Rental Charges Deposit that you did not (or are not eligible to) receive a refund of under paragraph 10.5 for your original Booking minus any refund you have received (or are eligible to receive) under paragraph 10.6; or
      2. 10.7.2 if you paid 100% of the Rental Charges for your original Booking, the portion of the Rental Charges that you paid the Owner for your cancelled Booking that you did not (or are not eligible to) receive a refund of under paragraph 10.5 minus any refund you have received (or are eligible to receive) under paragraph 10.6.

      Any refund payable under this paragraph 10.7 will be calculated (and, if applicable, paid) once the original Holiday Period has passed, and Bachcare will take all reasonable steps to facilitate the payment of the refund to you from the Owner.

  11. 11

    Owner's rights to cancel your booking

    1. 11.1 Owner’s rights to cancel a Booking for your breach: Without affecting any other right or remedy available to us or an Owner in a situation where you breach your Booking Contract or Rental Contract, an Owner (or Bachcare on behalf of the Owner, as its agent) may cancel your Booking (including the associated Rental Contract) if:
      1. 11.1.1 you do not make payment of any amount relating to the Booking within 48 hours of the date on which it was due;
      2. 11.1.2 you do not, within a reasonable time of us asking for it, provide us with any information that is necessary for us to provide Booking Services or Bachcare Services or for the Owner to provide the Rental Services. What is a reasonable time shall, in respect of information concerning a Booking, depend on how long it is until the relevant Holiday Period is due to start, however, a reasonable time will be 24 hours if the start date of the Holiday Period is 14 to 5 days away,;
      3. 11.1.3 you fail, or we reasonably believe you will fail, to perform or comply with any of your obligations (when we reasonably consider your failure to be serious or important) contained in the Rental Contract or the Booking Contract;
      4. 11.1.4 you or your guests do not, or we reasonably believe will not, comply with your responsibilities set out in paragraph 7;
      5. 11.1.5 you are declared bankrupt, make any arrangement with or for the benefit of your creditors, are unable to pay your debts or have a court administration order made against you; or
      6. 11.1.6 we reasonably believe that:
        1. a. you have behaved in an inappropriate, or unlawful manner to us, our staff or any Owner;
        2. b. the Booking is not legitimate;
        3. c. you have broken or are likely to break the Booking Contract or the Rental Contract relating to a previous or current Booking (when we reasonably consider your failure to be serious or important); or
        4. d. any information you have supplied is incorrect or insufficient.
    2. 11.2 Consequences of cancellation of your Booking under paragraph 11.1: Where the Owner (or Bachcare on behalf of the Owner, as its agent) cancels your Booking for one of the reasons set out in paragraph 11.1, without affecting any other right or remedy available to us or an Owner for your breach:
      1. 11.2.1 Eviction: the Owner (or Bachcare on behalf of the Owner, as its agent) may refuse to allow you and your guests to enter and stay at the Property or can require you and your guests to leave the Property before the end of the Holiday Period;
      2. 11.2.2 Cancellation of Booking Contract by Bachcare. Bachcare will cancel the Booking Contract relating to the cancelled Booking; and
      3. 11.2.3 Fees and charges :
        1. a. Rental Charges: you will not be entitled to a refund of any Rental Charges that you have paid in connection with the Booking;
        2. b. Bachcare Booking Fee: you will not entitled to obtain a refund of the Booking Fee from Bachcare, as we will already have supplied you with the Booking Services to which that fee relates;
        3. c. Bachcare Service Charges: to the extent we have not provided you with Bachcare Services that you have paid for at the time of cancellation, we will refund you the Bachcare Service Charges for those undelivered Bachcare Services, minus any costs reasonably incurred or committed to by us in anticipation of provision of those Bachcare Services; and
        4. d. Additional Bachcare Charges: you are not entitled to a refund from Bachcare of any Additional Bachcare Charges as we will already have supplied to you the services to which those charges relate.

        For clarity, neither we nor the Owner will be responsible for any other costs or expenses you have to pay due to this (such as the cost of finding any alternative accommodation or making alternative travel arrangements).

  12. 12

    Cancellation Because of Events Outside of Anyone’s Reasonable Control

    1. 12.1 Force majeure leading to cancellation: We, acting as agent on the Owner's behalf, and the Owner have a right, to cancel a Booking (and the associated Rental Contract) if an event occurs beyond your, our or the Owner's reasonable control, which affects the Property (or access to it) and prevents (or will prevent):
      1. 12.1.1 you and your guests from staying at the Property for some or all of the Holiday Period; or
      2. 12.1.2 the Owner complying with its obligations under the Rental Contract, (Unexpected Event).

      Examples of Unexpected Events include any law, guidance or action taken by a national or local government or public authority or any consequences of them; a fire or accident affecting the Property; epidemic or pandemic; act of God, flood, adverse weather conditions or other natural disaster. Unexpected Events do not include individual circumstances which preclude your travel to the Property or which mean you no longer wish to travel to the Property.

    2. 12.2 Your right to seek cancellation for an Unexpected Event: You may ask us for a Booking (and the associated Rental Contract) to be cancelled under paragraph 12.1 if there is an Unexpected Event. We, acting as agent on the Owner’s behalf, will give due consideration to this request to cancel under paragraph 12.1 and will act reasonably, promptly and in good faith in considering this request.
    3. 12.3 Your rights after cancellation for an Unexpected Event: If an Unexpected Event happens that results in the Booking being cancelled by an Owner (or Bachcare on the Owner’s behalf, as its agent), you may select one of the following alternative options:
      1. 12.3.1 Alternative dates: we will try and help arrange alternative dates for you and your guests at the same Property. However, we will not be responsible for any costs associated with arranging alternative dates, and arranging this may be subject to the payment of additional charges by you if the Total Charges for the alternative dates are higher than the Total Charges for the original Booking. We will always get your approval in advance of arranging any alternative accommodation and notify you of the additional costs;
      2. 12.3.2 Alternative accommodation: we will try and help arrange alternative accommodation for you and your guests of an equivalent type and standard in a similar location. However, we will not be responsible for any costs associated with arranging alternative accommodation, and arranging this may be subject to the payment of additional charges by you if the Total Charges for the alternative are higher than the Total Charges for the original Booking. We will always get your approval in advance of arranging any alternative accommodation and notify you of the additional costs; or
      3. 12.3.3 Refunds :
        1. a. Rental Charges: you are entitled to a refund from the Owner of the Rental Charges relating to that part of the Holiday Period that was cancelled (and we, acting as the Owner's agent, will take all reasonable steps to facilitate this refund to you from the Owner);
        2. b. Bachcare Booking Fee: you are not entitled to obtain a refund of the Booking Fee from Bachcare, as we will already have supplied you with the Booking Services to which that fee relates;
        3. c. Bachcare Service Charges: Bachcare will refund you an amount equal to any Bachcare Service Charges that you have already paid for and which have not been provided at the date of cancellation; and
        4. d. Additional Bachcare Charges: you are not entitled to a refund from Bachcare of any Additional Bachcare Charges as we will already have supplied to you the services to which those charges relate.

        Upon cancellation of your Booking under this paragraph 12, Bachcare will also cancel the Booking Contract it has with you for the cancelled Booking. After providing you with your preferred option under this paragraph 12.3, neither we nor the Owner will have no further responsibility to you in relation to your original Booking.

  13. 13

    Other Consequences of a Booking Ending for Whatever Reason

    1. 13.1 Consequences of cancellation of Booking: Without limiting any party’s rights that have accrued in respect of a Booking prior to the date of cancellation, on cancellation or expiry of a Booking the Booking Contract and the Rental Contract will automatically terminate.
    2. 13.2 Obligations if Rental Contract ends (or you leave the Property) during the Holiday Period : When the Rental Contract ends (or you decide to leave the Property) during the Holiday Period (for whatever reason) you must:
      1. 13.2.1 leave the Property together with all guests as soon as possible;
      2. 13.2.2 notify the Owner (or their representatives) and us that you and your guests have left the Property and, if relevant, the reasons for doing so; and
      3. 13.2.3 return the keys/access cards to the location instructed by us or the Owner.
    3. 13.3 Consequences of your decision to leave the Property before the end of the Holiday Period : If you leave the Property before the end of the Holiday Period of your own accord (and not for any of the reasons set out in paragraphs 10 or 11 or due to an Unexpected Event under paragraph 12), you will not be eligible for a refund of any amounts paid by you under the Booking Contract or the Rental Contract in connection with your Booking.
  14. 14

    Enforcement of Your Booking Contract and Rental Contract

    1. 14.1 What we and owner are always responsible for: Neither we nor the Owner exclude or limit in any way our responsibility to you where it would be unlawful to do so.
    2. 14.2 Your consumer rights: You have certain legal rights and remedies available to you as a consumer under the law(for example, you rights under the Consumer Guarantees Act 1993) and nothing in these Booking Terms, a Rental Contract, a Booking Contract purports to exclude or limit any of those rights or remedies where we cannot do so lawfully. You may claim any right or remedy you are entitled to under the Consumer Guarantees Act 1993, even if you do not have such a right or remedy available to you under the Booking Terms, Rental Contract or Booking Contract.
    3. 14.3 The Owner is responsible to you in connection with the Property, Rental Services and your Rental Contract : If you wish to make a claim (or raise a dispute) in connection with the Rental Services, the Property or the Rental Contract, your claim will be against the Owner and the Owner will be solely responsible to you in connection with that claim (unless we have done something wrong in relation to the Booking Services, Bachcare Services or Additional Bachcare Services which caused that problem, in which case paragraph 14.4 will apply), subject to any limitations on the Owner’s liability in the Rental Contract. Even if we are corresponding with you in respect of any such dispute or claim, we are only doing soon behalf of the Owner (as its agent). We are not responsible to you or any of your guests under or in connection with the Rental Contract for any acts or failure to act by the Owner, including the suitability and performance of the Rental Services or the Property.
    4. 14.4 Bachcare is responsible to you in connection with the Booking Services, Bachcare Services, Additional Bachcare Services and Booking Contract : Our obligations to you are limited to the Booking Services, the Bachcare Services and the Additional Bachcare Services. If you wish to make a claim in connection with a problem that has arisen because Bachcare has done wrong in relation to the Booking Services, Bachcare Services or Additional Bachcare Services, your claim will be against Bachcare and Bachcare will be solely responsible to you in connection with that claim (subject to any limitations on Bachcare’s liability in the Booking Contract).
  15. 15

    Limitations or Exclusions on our or the Owner’s Liability to You

    1. 15.1 Consumer rights: As set out in paragraph 14.2, any limitation, exclusion or restriction in this paragraph 15 relates to your rights under the Rental Contract and Booking Contract and do not affect any rights or remedies you are entitled to under the law that we are not legally able to exclude (for example, your rights under the Consumer Guarantees Act 1993).
    2. 15.2 Limits of descriptions on the Website: Descriptions of the Property and Rental Services and any ratings or reviews on the Website are not advice or recommendations given by us. We do not independently verify reviews, accreditations, awards or star or other quality ratings provided to us by Owners or third parties. Such ratings are only there to give you a general idea of what level of quality you can expect from a particular Property. We are not responsible for inaccuracies or errors in these descriptions that are provided by the Owner, or the descriptions relating to the Properties or Rental Service as this information is also supplied to us by the Owner.
    3. 15.3 When services become unavailable or restricted: Unfortunately, sometimes some services or equipment (including Rental Services provided by the Owner) or facilities (including amenities or attractions or events near-by) in relation to a Property, which are detailed on our Website, may become unavailable or be restricted. Similarly, third party events scheduled during the Holiday Period may be cancelled, postponed or altered. As this is outside of our control, we do not accept any responsibility for any changes, unavailability or restrictions of these things. The Owner has no responsibility for any changes, unavailability or restrictions of any near-by facilities, attractions or events in relation to the Property.
    4. 15.4 Wi-Fi and Phone Reception: If the Property listing does not state that Wi-Fi is included it is not. If the Property listing states that Wi-Fi is included the Owner will be responsible for ensuring that Wi-Fi has been set up at the Property but does not guarantee the quality or speed of internet access. The Owner is not responsible if internet or phone access is disrupted or not available as a result of anything outside of their reasonable control. We have no responsibility for Wi-Fi or internet or phone reception.
    5. 15.5 CCTV: We are aware that some Owners may have CCTV systems for the safety and security of their property and guests. You may be notified as part of the description of the Property or at the Property itself that CCTV is in operation. If you require additional details please contact us (Contact Details) and we will seek such additional information from the Owner and provide the Owner's response to you on the Owner's behalf. We have no control or access to any CCTV system and have no responsibility for such systems or any data recorded on them.
    6. 15.6 Disruptions and allergens: Neither we nor the Owner will be responsible for sound, smell or disruption coming from neighbouring properties or surroundings or for any allergens that may be present at the Property (including as a result of pet having stayed at the Property).
    7. 15.7 Our liability limited: To the extent permitted by law our total liability to you for any breach, however that may arise is, except as provided in paragraph 10.4 which contains its own limit, limited to the total of the Booking Fee, Bachcare Service Charge and Additional Bachcare Charges and any other amounts you have paid to us on our own account and not as agent for the Owner.
    8. 15.8 Our and Owner's responsibility is limited to 'foreseeable' losses : Neither we nor the Owner will be responsible to you for any losses unless they were reasonably foreseeable by us or the Owner (as applicable) at the time we sent you a Booking Confirmation.
    9. 15.9 Personal belongings and injury: You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and your guests are left at the Property entirely at your and their own risk and:
      1. 15.9.1 we accept no liability for any loss, damage or injury to you or your guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by our breach of the Booking Contract; and
      2. 15.9.2 the Owner accepts no liability for any loss, damage or injury to you or your guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by the Owner's breach of the Rental Contract.
  16. 16

    Complaints

    1. 16.1 If you have any complaints please contact us promptly (Contact Details). If the complaint:
      1. 16.1.1 is about the Booking Services, Bachcare Services or Additional Bachcare Services, we will deal with it (in our own capacity) as it relates to the Booking Contract between you and us; or
      2. 16.1.2 is about the Rental Services or the Property, we will deal with it on behalf of the Owner (as the Owner's agent). We may need to refer it back to the Owner directly or take instruction from the Owner – because the complaint relates to the Rental Contract between you and the Owner. In that case, please contact us as soon as possible (Contact Details) with full details of your complaint. You must provide us with evidence of your complaint (including photographs), which shows us that the Owner had not complied with its obligations under the Rental Contract. This will help us to deal with your complaint on behalf of the Owner as quickly and effectively as possible. We will use our reasonable efforts to contact an Owner on your behalf to attempt to facilitate a resolution of your complaint by the Owner. As we act only as an agent for the Owner, we cannot accept any legal responsibility for your complaint. If we help to sort out a complaint, we are doing so as an agent only and have no legal responsibility to you for any refund or compensation, but we will try and persuade the Owner to act reasonably.
  17. 17

    Other Important Terms

    1. 17.1 Electronic communications: You agree to receive communications from us and the Owner electronically and that electronic communications will satisfy any legal requirement for communications to be in writing. Where the Booking Contract or the Rental Contract say something is 'in writing' or similar, it includes by email.
    2. 17.2 Transferring Booking, Rental Contract and Booking Contract :
      1. 17.2.1 The Owner may transfer their rights and obligations under the Rental Contract to a purchaser of the Owner's Property. The purchaser, and not the Owner, will be responsible for performing the Owner's rights and obligations under the Rental Contract from the date of transfer.
      2. 17.2.2 We may transfer our rights and obligations under any Booking or Booking Contract to any person and you agree that where we do so that person, and not us, will be responsible for exercising our rights and performing our obligations under the Rental Contract from the date of transfer. We will notify you of this following any such transfer.
      3. 17.2.3 You may not transfer a Booking, Rental Contract or Booking Contract (or any rights or obligations under them) to another person.
    3. 17.3 No third party rights: Each Booking Contract for the provision of the Booking Services and Bachcare Services is between you and us. Each Rental Contract is between you and the relevant Owner. No other person will have any rights to enforce any of the terms of each respective contract.
    4. 17.4 Separate paragraphs: Each of the paragraphs of these Booking Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. 17.5 Waiting to enforce a right: If we or an Owner do not insist immediately that you do anything you are required to do under the Booking Contract or Rental Contract (as applicable), or if we or an Owner delay in taking steps against you in respect of you breaking a term of a Booking Contract or Rental Contract, that will not mean that you do not have to do those things and it will not prevent us or an Owner (as applicable) taking steps against you at a later date. For example, if you miss a payment and we do not chase you but continue to provide the Bachcare Services, then we can still require you to make the payment at a later date.
    6. 17.6 Applicable law: Your Booking Contract and Rental Contract are governed by New Zealand law.
    7. 17.7 If you, we or an Owner ever need to go to court: You can bring legal proceedings in respect of your Booking Contract or Rental Contract (as applicable) only in the New Zealand courts. We and the Owner may bring legal proceeding in the courts of New Zealand or your country of residence.
    8. 17.8 Changes to these Booking Terms: These Booking Terms were most recently updated on the date that appears at the top of this page. However, please be aware that we may update these Booking Terms from time to time. We may make these changes by posting a copy of them on the Website please check the latest version of these Booking Terms before you make a Booking to ensure you understand the legal terms that apply at that time. Any changes will take effect on the date on which we post the modified terms on the Website. If you continue to use the Website after that date, it means that you accept any such changes. The modified Booking Terms will not apply to any Bookings for which we have sent you a Booking Confirmation before the date when the modified Booking Terms come into effect.