Terms & Conditions
1 THE McCALLUM RESIDENCE TERMS AND CONDITIONS (“the Contract”).
Welcome to the McCallum Residence.
1.1 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 recognise 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 their deposit pursuant to clauses 3.9, 3.10 or 3.11.
1.2 This Contract represents the entire agreement between the Client(s) and The Residence and can be changed only in writing signed by both parties.
2 DEFINITIONS AND INTERPRETATIONS:
2.1“Agent” means any person employed by The Residence which includes any employee, contractor, sub-contractor, gardener, chef, maid or any other person in their reasonable capacity who is under the direction of The Residence Agents excluding the owners, Butler and Cuisine Manager.
2.2 “Base Rental Amount” means the use of the Property and any facilities or services expressly included in the promotional material provided by The Residence are included in the price under this Contract. Normal use of gas, electricity, internet and water are also included unless otherwise stated, any free experiences offered by the Residence, complimentary breakfast and tea and coffee, car parking, the reasonable use of the Butler and maids refreshment services and any other thing specified upon correspondence with the Butler.
2.3 “Butler” means the manager of the Residence.
2.4 “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.
2.5 “Commencement Date” means the commencement date of the Client(s) stay at the Property.
2.6 “Contract” means the arrangement between the Residence and the Client(s) of which these terms and conditions form part.
2.7 “Experience” means any activity offered in relation to The Residence.
2.8 “Fees” means any surcharge or any additional fees incurred.
2.9 “GST” means goods and services tax as defined under the Goods and Services Tax Act 1985.
2.10 “Property” means the land and buildings comprising The Residence or that part of the same rented to the Client(s) pursuant to this Contract as the context may require.
2.11 “The Residence” means “The McCallum Residence Limited” as the operator of the business of the McCallum Residence.
2.12 “Third Party” means any provider of any goods or services that are not deemed an Agent of The Residence.
2.13 “Total Rental Amount” means the amount payable as the base rental fee of The Residence including any additional costs including but not limited to, Experiences, dining, merchandise sales, lease of The Residence property and/or 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 BOOKING AND PAYMENT POLICY
3.1 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 customers by credit card institutions, banking institutions or merchant service providers (international or domestic), which are solely for the account of the Client(s) as referred to in clause 2.7. The Residence processes payments and refunds in New Zealand Dollars as per our advertised rates and in compliance with our cancellation policies set out in clause 5 of this Contract.
3.2 The minimum stay requirement is two nights.
3.3 The Total Rental Amount will vary with different Client(s) preferences and will include the Base Rental Amount and any additional costs incurred from Client(s) Experiences whether externally or internally situated from the Property, dining , vehicle transfers and any other potential cost or arrangement made by The Residence Agents for Client(s) that may be incurred. Therefore, the Total Rental amount will be specified via correspondence with The Residence Agents prior to the Commencement Date of the Client(s) stay.
3.3.1 The Total Revenue Amount must be paid in full prior to the Client(s) departure from the Property, which will include any other Experiences 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.
3.4 No booking can be confirmed until the deposit or full-payment has been received by the Residence. The Client(s) booking is only secure once The Residence issues a written confirmation.
3.5 If you elect not to pay in full at the time of booking the following deposit and payment policy applies.
Booking greater than 60 days before the Commencement Date of the Client(s) stay:
3.6 No later than 60 days prior to Client(s) stay the Client(s) shall pay the equivalent of 50% of the Total Rental Amount as it stands prior to the Commencement Date of the Client(s) stay. The remaining balance is due 30 days before the Commencement Date of the Client(s) stay. Failure by the Client(s) to pay the remaining Total Rental Amount by the due date will be deemed an express cancellation by the Client(s) pursuant to clause 5 of this Contract.
Booking less than 60 days before the Commencement Date of the Client(s) stay:
3.7 If booking within 60 days of the Commencement Date of the Client(s) stay, the equivalent of 50% of the total rental amount. The remaining balance is due 30 days before the Commencement Date of the Client(s) stay. Failure by the Client(s) to pay the remaining Total Rental Amount by the due date will be deemed an express cancellation by the Client(s) pursuant to clause 5 of this Contract.
Booking less than 30 days before the Commencement Date of the Client(s) stay:
3.8 If booking within 30 days of 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 Rental Amount by the due date will be deemed an express cancellation by the Client(s) pursuant to clause 5 of this Contract.
Booking of Experiences:
3.9 The booking of experiences can be organised by The Residence Agents and will be included in the Total Rental Amount that is due either prior to the Commencement Date of the Client(s) stay pursuant to clauses 3.7, 3.8 and 3.9 of this Contract or by the Client(s) day of departure from the Property as referred to in clause 12 of this Contract.
4 PRIVACY AND ERROS AND OMISSIONS:
4.1 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 at any time without prior written consent.
4.2 The Residence is bound by the Privacy Act 1993.
4.3 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 Agents is at the sole responsibility of the Client(s) and The Residence will take no responsibility to any cost incurred with such errors or omissions by the Client(s)
5 CANCELLATION, CHANGES AND REFUNDS
5.1 The Residence is not operated as a hotel. The Property offered must be booked in advance and is not easily re-rented. Due to this we strongly recommend Client(s) take out travel insurance to protect themselves against cancellation charges, medical expenses or certain other unforeseen circumstances which could preclude the Client(s) from traveling.
5.2 Our Policy:
Cancellation by the Client(s) at a date including and beyond 90 days prior to the Commencement Date of the Client(s) stay will result the deposit refunded to the Client(s) in full;
Cancellation by the Client(s) at a date between 89 and 31 days prior to the Commencement Date of the Client(s) stay will result in 50% of the total deposit paid to be refunded to the Client(s) in full and;
Cancellation by the Client(s) at a date less than 31 days prior to the Commencement Date of the Client(s) stay will not result in any monies to be refunded to the Client(s) up to and including the date of cancellation by the Client(s).
5.3 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, 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:
6.1 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.
6.2 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 transfer fees for the resultant changes as defined in clause 2.8 of this Contract.
6.3 In the event of changes or a complete cancellation, The Residence’s liability will be limited to the refund of 100% of the amount paid. In no event will The Residence be responsible for any consequential or incidental damages, including but without limitation travel expenses, alternative lodging costs, or other expenses incurred by the Client(s).
7.1 Free car parking is available on the Property unless expressly stated by the Butler prior to the Commencement Date of the Client(s) stay.
8 EXCLUSION OF LIABILITY:
8.1 The Residence does not accept 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 its control.
8.2 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 use of the Property.
8.3 The Client(s) acknowledges that all personal items (including pets pursuant to clause 11) 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.
8.4 Any facilities at the Property which are available for the Client(s) use will be used at their own risk and The Residence accepts no responsibility for injury or loss suffered as a result of such use.
8.5 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.
8.6 In the event that The Residence insurance policy is invoked to cover damage caused by Client(s), the Client(s) will be liable for any excess amounts owed.
8.7 Every reasonable effort has been made to describe the Property and facilities as fully and as accurately as possible on The Residence’s website and its promotional material. All bookings are made and accepted by the Client(s) on the basis of the descriptions contained on The Residence’s website and in its promotional material. The Residence shall not have any liability if the Property and/or facilities do not meet a Client(s) expectations.
8.8 The Client(s) unconditionally agrees to fully indemnify The Residence and all its Agents that may be sustained by the Client(s), whilst participating in any Experience, itinerary or package booked through The Residence.
8.9 The Client(s) warrants that they does not suffer from any medical condition and/or incapacity, which may impair the Client(s) ability to participate in any Experience, itinerary or package that The Residence books for the Client(s).
8.10 A Third Party operator may at any time cancel an Experience, itinerary or package in the event of adverse weather conditions, equipment failure or other reasonable and unforeseen circumstances. If such cancellation occurs an alternative date will be arranged with the Client(s) if possible, otherwise a full refund of payments made will be given.
8.11 The Client(s) accepts that the Experiences booked by The Residence may involve risks that could result in property damage or loss, serious or fatal injury. The Client(s) accepts all risks and releases The Residence and its Agents from all liability for any loss, damage or injury arising in any way from participation by the Client(s) in all, and any Experience booked by The Residence.
8.12 The Residence will use its best endeavours to select reputable and competent suppliers, but will not accept responsibility for the actions of persons and/or companies supplying goods and/or services, nor any extra costs incurred due to delays or complications beyond Third Party’s control.
8.13 The Residence will use its best endeavours to book the most suitable itinerary arrangements to meet the particular requirements the Client(s) but has no liability for any dissatisfaction on the part of a Client(s).
8.14 If Client(s) fail to arrive on the booked day and time of the Experience, itinerary or package The Residence will not make a refund or give credit in respect of monies paid, for any reason beyond the control of The Residence, including but not limited to injury, lack of ability or fitness for any of the Experiences booked by The Residence.
8.15 Cancellations must be made in writing and received by email. Changing or cancelling bookings at any time will incur an administration fee plus any relevant fees from the Third Party operator pursuant to clause 5 of this Contract.
8.16 Cancellation of any booked Experience prior to 60 days of the Commencement Date of the Client(s) stay will result in a full refund of the deposit, less any administration costs incurred wherever possible.
8.18 The Residence is not responsible for any expenses incurred in preparation for any cancelled Experience itinerary or package, including but not limited to airline tickets, loss of work, and/or other costs associated with preparing for the Client(s) stay.
9 CLIENTS RESPONSIBILITY AND RULES:
9.1 The Client(s) agrees to comply with the terms and conditions of this Contract.
9.2 The Client(s) is responsible for ensuring the Property is left in a reasonable condition of cleanliness and in the same condition of repair as upon arrival, including interiors, carpets, curtains, all fixtures and fittings. Any costs of excessive cleaning, or loss or damage to the Property caused by the Client(s) or their guests and/or pets, or debts or charges incurred will be itemised and payable by the Client(s).
9.3 The Client(s) agrees to:
notify The Residence immediately of any damage or defect in respect of the Property or 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;
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 other guests, neighbours, The Residence and The Residence Agents. This includes observing quiet hours between midnight and 7am the following morning;
obtain approval for the erection of any temporary structures on the Property (e.g. tents or tarpaulins or similar) prior to making a booking;
ensure children are supervised at all times by a parent or responsible adult;
allow The Residence Agents 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;
Upon departure, adhere to the terms outlined in clause 12 of this Contract.
9.4 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 consume any illegal substances whilst in occupation of the Property;
smoke inside any room on the Property. Ashtrays will be provided in suitable smoking areas as The Residence sees fit. If odour from smoking is discovered at any time during the Client(s) stay inside the rooms of the Property, additional cleaning and fumigation costs will be incurred; and
any other activity that would be unreasonably detrimental to the Property, The Residence Agents.
10 NUMBER OF OCCUPANTS
10.1 The maximum number of people that can stay at the Property overnight is 22.
10.2 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.
10.3 Client(s) can arrange for the 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 9.2 respectively of this Contract.
11 PETS POLICY
11.1 No pets (not including assistance animals) are permitted on the Property unless agreement in writing is made between The Residence and the Client(s) before the Commencement Date of the Client(s) stay. The Client(s) will be liable for any damage caused as a result of a pet staying at the Property, pursuant to clauses 9.2 and 10.2 respectively of this Contract.
12 ARRIVAL AND DEPARTURE TIMES
12.1 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 day of departure.
12.2 Late departures may incur additional charges plus any additional Agent costs or cleaning costs. Accounts must be settled in full prior to departure pursuant to clause 3.6 of this Contract.
12.3 Client(s) must consult the Butler if they require any flexibility with arrival and/or departure times.
13 PROMOTIONAL INFORMATION:
13.1 The Residence has taken care to ensure the accuracy of all information and descriptions contained on its website and in promotional material at the time the same were prepared and The Residence is excluded from liability pursuant to clause 8.7 of this Contract. Nothing in those materials shall constitute a term or condition of the Contract. 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.
14 COMPLAINTS & DISPUTES:
14.1 Should any problem occur with the Property, the Client(s) must immediately (within 24 hours of the problem occurring) notify an Agent of The Residence. The Client(s) should allow the owner and/or Butler or relevant Agent reasonable time to remedy the problem.
14.2 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 rental period, failure to do so will void any claim following the rental period.
14.3 If any complaint or dispute arises under this agreement, the parties will meet to discuss in good faith in and attempt to resolve it 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.
15.1 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 courts of New Zealand.
16 INTELLECTUAL PROPERTY:
16.1 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.
- SUBJECT TO CHANGE
- 1 The Residence reserves the right to make express changes to the terms and conditions outlined in this Contract without warning.
17.2 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.