Terms & Conditions

  1. THE MCCALLUM RESIDENCE® TERMS AND CONDITIONS (“this Contract”)
    Welcome to the McCallum Residence®.

    1. The Property of The McCallum Residence® Limited is a privately owned and operated facility trading as a New Zealand limited company and these terms and conditions in this Contract recognize its unique character and private nature. The Client(s) are presumed to have read, understood and agreed to the terms and conditions in this Contract in its entirety upon paying the amount required upon booking pursuant to clause 3.
    2. This Contract represents the entire agreement between the Client(s) and The Residence and can be changed only in writing and must be expressly signed by both parties.
  2. DEFINITIONS AND INTERPRETATIONS:
    1. “Agent” means any person employed by The Residence which includes any employee, contractor, sub-contractor, gardener, chef, room attendant or any other person in their reasonable capacity who is under the
      direction of The Residence excluding the owners, Butler and cuisine manager.
    2. “Base Rate Amount” is the base amount owed to The Residence by the Client(s) and includes the use of the Property and any facilities or services expressly included in the promotional material provided by The Residence.
      Normal use of gas, electricity, internet and water are also included unless otherwise stated, any free Experiences offered by The Residence, complimentary continental breakfast, tea and coffee, car parking (unless
      otherwise stated in clause 7), the reasonable use of the Butler and room attendants’ refreshment services and any other thing specified in direct correspondence with the Butler.
    3. “Butler” means the manager of The Residence
    4. “Client(s)” means the person or persons named as such on the front page of this Contract, and where the context requires includes other persons occupying that part of the Property in their capacity as guests, to be rented by the Client(s) in terms of this Contract.
    5. “Commencement Date” means the commencement date of the Client(s) stay at the Property
    6. “Contract” means the arrangement between The Residence and the Client(s) of which these terms and conditions form part.
    7. “Experience” means any activity offered in relation to The Residence, whether free of charge or not and regardless whether the Experience is located internally or externally to the Property.
    8. “Fees” means any surcharge or any additional fees incurred.
    9. “GST” means goods and services tax as defined under the Goods and Services Tax Act 1985.
    10. “Property” means the land and buildings comprising the location of The Residence.
    11. “The Residence” means “The McCallum Residence® Limited” as the owner and operator of the business of the McCallum Residence® in its capacity as an incorporated New Zealand limited company. “The McCallum Group” means any entity owned or operated by the McCallum Family
    12. “Third-Party” means any provider of any goods or services that are not deemed an Agent of The Residence including but not limited to external transport companies, booking agents and other similar services that does not form part of The Residence.
    13. “Total Rate Amount” means the amount payable as the base rate fee of The Residence including any additional costs but not limited to Experiences, dining, merchandise sales, rental of The Residence equipment, transport organised prior to the Commencement Date of the Client(s) stay and any additional costs incurred during the Client(s) stay up to and including the Client(s) departure from the Property.
  3. BOOKINGS AND PAYMENT POLICY:
      1. All quoted prices are in New Zealand dollars and are inclusive of GST. The Residence is not liable or in any way responsible for transactional charges passed on to our Client(s) by any credit card institution, banking institution or merchant service provider (international or domestic), which are solely for the account of the Client(s) as referred to in clause 2.8 of this Contract. The Residence processes payments and refunds in New Zealand Dollars as per our advertised rates specified in the correspondence between the Client(s) and Agent(s) and/or Butler and in compliance with our cancellation policies set out in clause 5 of this Contract.
        1. A credit card must be supplied to The Residence upon the booking confirmation for any miscellaneous charges relating to and incurred during your stay. Failure by the Client(s) to supply a valid credit card will be in breach of this Contract under clause 9 and invoke the right for The Residence to cancel the booking pursuant to clause 9.5 of this Contract.
        2. The Residence prefers Client(s) to pay with internet banking but for Client(s) wishing to pay via credit card, The Residence accepts a maximum of two credit cards per booking. Client(s) are responsible for the fees charged from using a credit card pursuant to clause 2.8 of this Contract.

      Booking Requirements:

    1. The minimum stay requirement is two nights. A 10% surcharge total may apply during New Zealand statutory holidays at the sole discretion of the Butler. The Client(s) will be notified if this surcharge applies prior to
      booking.
    2. The Total Rate Amount will vary with different Client(s) preferences and will include the Base Rate Amount and any additional costs incurred from Client(s) Experiences and other cost factors whether externally or internally situated from the Property. These additional amounts include, but are not limited to, dining, vehicle transfers and any other potential cost or arrangement made by The Residence for Client(s) that may be incurred. Therefore, the Total Rate amount will be specified via correspondence with The Residence Agent(s) and/or Butler prior to the Commencement Date of the Client(s) stay.
      1. The final amount owing by the Client(s) must be paid in full to The Residence prior to the Client(s) departure from the Property, which will include any other Experiences, merchandise or any other thing purchased or
        undertaken during the Client(s) stay that has not been paid for prior to the Commencement Date of the Client(s) stay.
    3. No booking can be confirmed until the deposit or full payment has been received by the Residence, pursuant to clause 3 of this Contract. The Client(s) booking is only secure once The Residence issues a written
      confirmation and the monies owed is received by The Residence.
    4. If you elect not to pay in full at the time of booking the following deposit and payment policy applies if you book during the below time frames: Booking 60 days or less before the Commencement Date of the Client(s) stay:
    5. If booking within and including 60 days or less from the Commencement Date of the Client(s) stay, the Client(s) shall pay the full amount due. Failure by the Client(s) to pay the remaining Total Rate Amount by the due date will be deemed an express cancellation by the Client(s) pursuant to clause 5 of this Contract.
      Booking 61 days or more before the Commencement Date of the Client(s) stay:

      1. If booking 61 days or more from the Commencement Date of the Client(s) stay, the Client(s) must pay 50% of the total amount due. The cancellation policy outlined in clause 5 will apply if the Client(s) elects to cancel. At 60 days from the Commencement Date of the Client(s) stay, the balance owing to The Residence must be paid. Failure to pay this amount could result in an implied cancellation pursuant to clause 5.3 of this Contract. The Residence Agent(s) and or Butler will provide a reminder for the 60-day payment.

      Booking of Experiences:

    6. The booking of Experiences will be organised by The Residence and will be included in the Total Rate Amount that is due either prior to the Commencement Date of the Client(s) stay pursuant to clause 3.3 of this Contract. Pre-booked Experiences must be paid in full at the time the Client(s) instructs The Residence Agent(s) and/or Butler to book the Experience on their behalf. The experience will not be guaranteed otherwise.
    7. The booking of Experiences is subject to availability and The Residence will provide the terms and conditions of the Experience(s) booked if applicable and requested.
    8. Cancellations must be made in writing and received by email. Changing or cancelling bookings at any time can incur an administration fee of up to $250 plus any relevant fees from a Third-Party operator.
    9. If the Client(s) cancels their stay at The Residence, pursuant to clause 5 of this Contract, any monies paid to The Residence for the arrangement and booking of Experiences may not be refundable.
    10. Cancellations of Experiences must be made in writing and received by email. Changing or cancelling bookings at any time may not be possible and can incur an administration fee of up to $100 plus any relevant fees pursuant to clause 2.8 of this Contract from the Third-Party operator. The Residence Agent(s) and/or Butler will make their best efforts to accommodate changes and cancellations of Experiences at minimum cost.
    11. Any complaint with a Third-Party must be taken up with the relevant party. The Residence takes no responsibility for any complaint or dispute a Client(s) may have in relation to any Third-Party.
    12. The failure of the Client(s) to arrive to partake in the Experience(s) will result in an implied express cancellation and no monies will be refunded.

     

  4. PRIVACY, ERRORS AND OMISSIONS:
    1. The Residence is committed to ensuring our Client(s) privacy is protected. Under no circumstances will any Client(s) information be shared with any Third-Party (or any other person(s)) at any time without prior written consent.
    2. The Residence is bound by the Privacy Act 1993
    3. The use of The Residence website (www.mccallumresidence.co.nz) and any other online forum is used at the Client(s) own risk. The responsibility of the accuracy of any Client(s) information provided to The Residence Butler, Agent(s) and/or owners is at the sole responsibility of the Client(s) and The Residence will take no responsibility for any cost incurred with such errors or omissions by the Client(s).
  5. CANCELLATION, CHANGES AND REFUNDS:
    1. The Property offered must be booked in advance as it is not easily re-booked. Due to this we strongly recommend Client(s) take out travel insurance to protect themselves against cancellation charges, medical expenses or any other certain unforeseen circumstances which could preclude the Client(s) from traveling.
      Our Policy:
    2. There is a 50% refund of the total amount paid for The Residence (and may not include any monies paid on the Client(s) behalf to any Third-Party pursuant to clause 3.11 of this Contract) if the Client(s) cancels 90 days or more before the Commencement Date of the Client(s) stay. There is no refund if the Client(s) cancel within 61 days. The Residence reserves the right to retain an administration fee upon cancellation of up to $250. The Residence Agent(s) will make all reasonable endeavors to re-book Client(s) if at all possible.
    3. If payment is not made within the times set forth in correspondence between The Residence and the Client(s), whether in part or in full, this will be deemed an express cancellation. The Residence shall reserve the right to terminate the Client(s) reservation and retain any amounts previously paid.
  6. CHANGE OR CANCELLATION BY THE RESIDENCE:
    1. The Residence reserves the right to cancel any booking where it is necessary to do so as a result of force majeure, or any other occurrence outside of the control of The Residence.
    2. In the event of any change or cancellation, The Residence shall inform the Client(s) promptly and shall endeavour to offer the Client(s) alternative dates. Should the Client(s) accept a substitute date, the Client(s) will not pay any internal transfer fees for the resultant changes as defined in clause 2.8 of this Contract.
    3. In the event of changes or complete cancellation, The Residence’s liability will be limited to the refund of 100% of the amount paid by the Client(s). In no event will The Residence be responsible for any consequential or incidental damages, including but without limitation travel expenses, alternative lodging costs, or any other expenses incurred by the Client(s).
  7. CARPARKING:
    1. Free car parking is available on the Property unless expressly stated otherwise by the Butler prior to the Commencement Date of the Client(s) stay. Large groups may be required to access The Residence via coach and this decision is at the sole discretion of the Butler. This will be arranged for the Client(s) at their own cost. If the Butler decides a coach is appropriate, the Client(s) will be notified prior to booking.
  8. EXCLUSIONS OF LIABILITY:
    1. The Residence does not accept any liability for any loss or damage caused to the Client(s) by weather conditions, riot, strikes, sickness, acts of terrorism or any other force majeure occurrence beyond The Residence’s
      reasonable control.
    2. The Residence shall not be responsible or liable for any accident, loss, damage, injury, or inconvenience to the Client(s), including their guests, arising from the use of the Property or any Experience undertaken by the Client(s) whether on or offsite of the Property.
    3. The Client(s) acknowledges that all personal items and vehicles (including vehicle contents) belonging to the Client(s), and their guests remain the Client(s) responsibility. The Residence accepts no responsibility for loss or damage to such items.’
    4. The Client(s) is responsible for any call out charges incurred through damage or misuse of alarms, appliances, electronics or excessive use of services or any other thing.
    5. In the event that The Residence insurance policy is invoked to cover damage caused by the Client(s), the Client(s) will be liable for any excess amounts owed.
  9. CLIENTS RESPONSIBILITY AND RULES:
    1. The Client(s) agrees to comply with the terms and conditions of this Contract.
    2. The Client(s) is responsible for ensuring the Property is left in a reasonable condition. Any costs of excessive cleaning, loss of items owned by The Residence or any related entity of The McCallum Group, damage to the Property or debts or charges incurred by the Client(s) and/or their guests will be payable by the Client(s).
    3. The Client(s) agrees to:
      notify The Residence immediately of any damage or defect in respect of The Residence or Property including, but not limited to, its fixtures and fittings or the failure of any mechanical or electrical appliances on the
      Property. Damages and breakages will be charged at cost to repair the damage or replace the item, whichever, in the opinion of The Residence, is the most appropriate pursuant to clause 9.2 of this Contract;
      ensure that the Client(s) (including their guests who share the definition of Client(s) pursuant to clause 2.4 of this Contract) must act in a responsible manner at all times, and act with respect towards neighbours, The
      Residence and The Residence Butler, Agents and cuisine manager. This includes observing quiet hours between midnight and 7am the following morning;
      obtain approval for the erection of any temporary structures on the Property (i.e. tents or tarpaulins or similar) prior to booking;
      ensure children are supervised at all times by a parent or responsible adult 16 years old or above;
      allow The Residence Butler, Agent(s), owners or cuisine manager to have access to the Property at all reasonable hours during the day to carry out repairs or other works to the Property;
      ensure that the internet connection is used for legal purposes only, as agreed when the internet is accessed, pursuant to The Residence’s internet policy; and upon departure, adhere to the terms outlined in clause 12 of this Contract.
    4. The Client(s) agrees not to:
      do anything that adversely affects or compromises any insurance for the Property;
      unreasonably rearrange, change or remove any furniture, fixtures, installations, artwork or fittings at the Property;
      use the Property for any improper, immoral or illegal purpose, nor possess or consume any illegal substances whilst in occupation of the Property;
      smoke (including e-cigarettes) inside any room in The Residence. Ashtrays will be provided in suitable smoking areas as The Residence sees fit. If odor from smoking is discovered at any time during the Client(s) stay inside the rooms of the Property, additional cleaning and fumigation costs may be incurred; and
      any other activity that would be unreasonably detrimental to the Property at the sole discretion and opinion of The Residence Agent(s).
    5. Failure to comply with clause 9 of this Contract will give cause for The Residence to cancel the Client(s) stay in which the Property must be vacated immediately with no refund or remedy of any sort payable to the Client(s).
  10. NUMBER OF OCCUPANTS
    1. The maximum number of people that can stay at the Property overnight is 22. This is a maximum number that must be discussed with The Residence Butler. Normal sleeping capacity is 18 people.
    2. Without prior written consent from The Residence, the total number of people staying at the Property may not exceed the number of sleeping places specified in the promotional material. The Residence reserves the right to refuse entry or evict the entire party if the number of persons occupying the Property exceeds the number stipulated in clause 10.1 of this Contract or promotional material supplied to the Client(s) and agreed upon with
      The Residence Butler prior to the Client(s) booking.
    3. Client(s) can arrange for the reasonable invitation of guests, defined in clause 2.4 of this Contract to the Property but this must be expressly pre-arranged with the Butler. The Client(s) bears the sole responsibility of their guests and their property pursuant to clauses 8.2, 8.3 and 9 respectively of this Contract.
  11. ARRIVAL AND DEPARTURE TIMES
    1. Unless otherwise expressly agreed with the Butler, Client(s) should arrive between 3pm and 6pm on the Commencement Date of the Client(s) stay and strictly vacate the Property by 11am on the departure date.
    2. Late departures may incur additional charges plus any additional Agent(s) costs including, but not limited to, excessive cleaning costs. Accounts must be settled in full prior to departure pursuant to clause 3 of this Contract.
    3. Client(s) must consult the Butler if they require any flexibility with arrival and/or departure times. The Butler will endeavour to be as flexible as reasonably possible.
  12. PROMOTIONAL INFORMATION:
    1. The Residence has taken care to ensure the accuracy of all information and descriptions contained on its website and in promotional material. Nothing in those materials shall contradict a term or condition of this Contract unless expressly agreed otherwise. The Residence shall not be liable with regard to any difference of opinion as to the condition or quality of the Property, nor for temporary defects or interruption to the supply of any utilities. The Property may not always appear exactly as pictured or described due to normal wear and tear, changes in furnishings and changes after the material was prepared.
  13. COMPLAINTS & DISPUTES:
    1. Should any problem occur with the Property, the Client(s) must immediately (within 24 hours of the problem occurring) notify the Butler of The Residence. The Client(s) should allow the owner and/or Butler reasonable time to remedy the problem.
    2. A Client(s) vacating the property permanently before the agreed departure date without The Residence authorisation does not constitute an adequate cause for a refund. The Client(s) is responsible for informing The Residence of any complaint and allowing reasonable opportunity to remedy the problem during the stay period, failure to do so will void any claim following the stay period.
    3. If any complaint or dispute arises under this Contract, the parties will meet to discuss the issue(s) in good faith and attempt to resolve the issue(s) by negotiation. If that negotiation does not result in resolution of the dispute, then the dispute may be referred by either party to the disputes tribunal or court of competent jurisdiction. The existence of a dispute does not excuse either party from performing its obligations under this Contract.
  14. JURISDICTION:
    1. The Residence and its Client(s) agree that the contract shall be governed by New Zealand law, and that exclusive jurisdiction over all disputes arising out of the contract shall be in the tribunals and/or courts of New Zealand.
  15. INTELLECTUAL PROPERTY:
    1. www.mccallumresidence.co.nz, The McCallum Residence®, and/or other information, images and logos referenced in this website are either copyright, trademarks, registered trademarks, or other intellectual property rights and they are the exclusive property of The McCallum Group and The McCallum Residence® Limited or related companies and are protected by New Zealand and international copyright laws. Other product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
  16. RATES SUBJECT TO CHANGE:
    1. All rates incurred are subject to change at the discretion of The Residence with no warning or reason. All rates are subject to confirmation of The Residence and may change.
  17. TERMS AND CONDITIONS SUBJECT TO CHANGE:
    1. The Residence reserves the right to make express changes to the terms and conditions outlined in this Contract without warning.