Holiday Homes Terms and Conditions
Welcome to Holiday Homes. By accessing and using this website, you agree these are the terms and conditions on which we, Trade Me Limited ("Trade Me") trading as Holiday Homes ("Holiday Homes") make available services through our site, holidayhomes.co.nz ("Website"). This includes, without limitation, our standard rental advertising, online booking services and any other services.
1. Host obligations
1.1 Holiday Homes will use its best endeavours to faithfully reproduce any information and images provided by property owners and tourism activity operators for the purpose of creating a listing.
1.2 In providing information and images to Holiday Homes for the purpose of listing a property or tourism activity or amending a listing the person providing that information, image or data.
(a) Takes full responsibility for the accuracy of that information.
(b) Specifically authorises Holiday Homes to reproduce that information.
(c) Warrants that they have either created or captured that information themselves or have specific authority to reproduce it through the website.
(d) Warrants that the information and image are an up-to-date depiction or description of the property or activity.
2. Property Owners obligations
2.1 The property owner is responsible for checking that the images and information provided by them or in relation to their property is accurate, up-to-date and accurately reflects the current state of the property.
2.2 The property owner is responsible for keeping all the information, images and data included in their property listing up-to-date and accurate by accessing the site and maintaining the listing themselves.
2.3 The property owner in requesting a listing through this website represents that they are either the owner of the property or the appointed agent of the owner and have the free and uninterrupted right to make the property available for short term rental and to claim the full benefit of the proceeds from such rental.
2.4 Where an agent is acting on behalf of the property owner they shall:
(a) provide and keep updated the details of the registered owner including up-to-date contact details; and
(b) assume all the rights and obligations of the property owner under the terms of this agreement; and
(c) warrant to all users of the website that they have the necessary authority to list the property on behalf of the property owner.
2.5 The property owner shall immediately advise Holiday Homes of any circumstances whereby they no longer have the right to rent the property or retain the benefit of the proceeds of rental.
3. The Property Service Provided
3.1 Holiday Homes through this website provides a service whereby people that are looking to rent a bach or holiday home are put in touch with property owners who wish to make their baches or holiday homes available for short term rental.
3.2 Holiday Homes is not a party to any contract to rent. That is an agreement to be made directly between the property owner and the person renting the property.
3.3 Holiday Homes is not an agent for the property owner or the person renting the property, and is not responsible for any representation made by one party to the other with regard to information or images included in the listing, the availability of the property, payment for the property, refund of any deposit or any other matter as between the property owner and the person renting the property.
3.4 Holiday Homes provides no warranty to any person renting a property through this website, either in regard to the property, its availability, or suitability or the accuracy of any feedback.
4. Tourism Activity Operators Obligations
4.1 The Tourism Activity Operator is responsible for checking that the images and information provided by them and/or on their behalf and related to their tourism activity is accurate, up-to-date and reflects the current services available.
4.2 The Tourism Activity Operator shall immediately advise Holiday Homes of any information or image that is or becomes out-of date or inaccurate or where the use of that information or image is no longer lawful.
4.3 The Tourism Activity Operator in requesting a listing through this website represents that they are either the owner of the business or the appointed agent of the owner and have the free and uninterrupted right to offer the services which are listed and to claim the full benefit of the proceeds from such activity.
4.4 Where an agent is acting on behalf of the Tourism Activity Operator, they shall:
(a) provide details of the operator including up-to-date contact details; and
(b) assume all rights and obligations of the Tourism Activity Operator under the terms of this agreement; and
(c) warrant to all users of the website that they have the necessary authority to list the Tourism Activity on behalf of the operator.
4.5 The Tourism Activity Operator shall immediately advise Holiday Homes of any circumstances whereby they no longer have the right to continue offering the listed services or retain the benefit of the proceeds of the activity.
4.6 The Tourism Activity Operator where operating under a franchise agreement will provide details of the franchisor and on request will provide written confirmation of the franchisor’s agreement to the website listing.
5. The Tourism Activity Service Provided
5.1 Holiday Homes through this website provides a service whereby people that are looking to rent a bach or holiday home or who are otherwise browsing its website, are put in touch with the operators of listed tourism activities.
5.2 Holiday Homes is not a party to any contract to provide such services. That is an agreement to be made directly between the Tourism Activity Operator and the person engaging their services.
5.3 Holiday Homes is not an agent for the Tourism Activity Operator or the person engaging their services and is not responsible for any representation made by one party to the other with regard to information or images included in the listing, the availability of the services, payment for the services, refund of any deposit or any other matter as between the Tourism Activity Operator and the person engaging their services.
5.4 Holiday Homes provides no warranty to any person engaging in any activity through this website, either in regard to the availability, suitability or the quality of the activities and services provided.
6.1 Holiday Homes offers a membership to website users.
6.2 Holiday Homes may at its discretion terminate any membership if it is satisfied that a member has breached any of the terms and conditions or acted in any way that might undermine the integrity of the website service.
6.3 Members will keep details of their passwords and login information safe and secure and not disclose them to any other person and/or allow another person to use their membership.
6.4 As a member you will be entitled to receive e-mail information from Holiday Homes on your listing as well as newsletters. You may choose to unsubscribe to the newsletter service either through the website or the newsletter.
6.5 If you choose to enter a Giveaway or Competition through this website or our newsletter, then you agree to being contacted directly by the supplier of the prize for marketing purposes.
7. General Obligations
7.1 While property owners and the operators of tourism activities are responsible for the information and images provided for the purposes of listing, Holiday Homes reserves the right to amend or exclude such information or images at its absolute discretion.
7.2 All persons using the site are required to ensure that they do not use the site or the information, data or software within it in such a way as to damage the website or its proper functioning.
7.3 All fees and prices for properties located within the territory of New Zealand shall be shown in New Zealand currency. All fees and prices for properties outside New Zealand territory shall be specified in the currency in which tariff shall be paid.
7.4 These Terms and Conditions shall be governed by the laws of New Zealand.
8.1 The website offers property owners the use of an availability calendar to manage bookings. Where a property owner chooses to make use of this service they shall keep the calendar up to date and record any confirmed bookings within 24 hours of that booking being made.
8.2 If a property owner does not keep the calendar up to date HOLIDAY HOMES shall have the right to remove that service from their listing without compensation.
9.1 Holiday Homes operates a feedback facility through its website for use by members who have rented a particular property.
9.2 Any feedback should be provided in good faith and use appropriate language.
9.3 Holiday Homes reserves the right to remove in part or whole any feedback which in its view does not comply with this standard.
9.4 Property owners are specifically prohibited from providing or soliciting others to provide, feedback on their own property listing.
9.5 Property owners are not compelled to provide or update the feedback facility on the website or to record or report individual comments generally or in any particular case.
10. Editorial Rights
10.1 Holiday Homes reserves the following rights to –
(a) determine the final layout of website and its function without notice and at its discretion;
(b) To edit, copy or amend layouts or images provided as content for property listing without notice and at its discretion;
(c) To remove a listing without compensation to the property owner where it is satisfied that the listing is inactive, in breach of these terms and conditions or otherwise tending to affect the good reputation of the website.
11. Misuse of Website
11.1 Property owners and Tourist Activity operators who have listed their properties and activities have provided contact details for the express purpose of genuine enquiries from members of the public to rent those properties or undertake those activities listed.
11.2 The contact details should not be used for any other purpose which the property owner and Tourist Activity operator have not authorised and in particular they should not be used by others to directly or indirectly:
(a) Market goods or services;
(b) Collect personal information;
(c) Collect commercial or confidential information.
12.1 Holiday Homes will try to ensure that its website operates continuously and without disruption however it will not be liable for any loss or damage incurred by any party using the website as a result of any interruption, delay or temporary unavailability of the website for any reason.
12.2 While Holiday Homes has taken steps to protect the operation of the website, it does not warrant that the content is free of errors or that use of the site will not allow the transfer/receipt of any harmful virus, spyware or harmful software which could damage the users own operating system or files and/or corrupt any of the users own system or information. The user will take steps to provide adequate protection for their own computer system in this regard.
12.3 Holiday Homes will not be liable for any failure of its website to perform or operate or for any breach of these conditions where that event has been brought about by any cause which is beyond the reasonable control of Holiday Homes.
12.4 To the maximum extent permitted by law, Trade Me disclaims any and all liability to you, under any circumstances (including, but not limited to, negligence), for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits, loss of savings, loss of opportunity, or personal injury and damage to property) suffered by you, or anyone else, arising from the direct or indirect use of the Holiday Homes website and/or any services provided by Trade Me or from the use of, or inability to use, any accommodation, product or service booked or paid for using the website and/or services, even if Trade Me has been advised of the possibility of such loss or damages. If, notwithstanding these terms and conditions, Trade Me is held to be liable then you agree that Trade Me's total liability to you and those claiming through you under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount paid by you to Trade Me for your use of the Holiday Homes website and/or services.