1. Terms and conditions
1.1 As Trade Me operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately when we post them on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the website and/or services represents your agreement to be bound by the latest terms and conditions as amended.
2. Your use of the Holiday Houses website
2.1 You may only use Holiday Houses if you can form a legally binding contract that is enforceable against you. You must be at least 18 years old.
2.3 We reserve the right at our discretion to cease or decline to provide you with any or all of the services we offer at any time without entering further discussions with you. Any such refusal or termination shall not affect any right or remedy to which Trade Me may be entitled.
2.4 You acknowledge that Trade Me will send you emails relating to your transactions and other activities on the website.
2.5 You acknowledge that Trade Me may also send you regular electronic newsletters. Newsletters will comply with the Unsolicited Electronic Messages Act 2007 and you can opt out of receiving them at any time by clicking the unsubscribe link provided.
3. Holiday Houses Services
3.1 The Holiday Houses website is provided to connect owners with renters. You must not use the Holiday Houses website for any other purpose without our express permission in writing.
3.2 We put homeowners (or their agents) ("owners") in touch with short term holiday renters ("renters"). Our service is not for the use of long term renters or those looking for permanent accommodation.
3.3 Holiday Houses provides a venue to introduce potential holiday house renters to house owners or agents. We are not the agent of any owner listed on www.holidayhouses.co.nz, or of any renter, including where the online booking system is used. We do not endorse any owner or any property, and we have no control over the suitability, quality or rental price of anything anyone advertises on our site.
3.4 With the exception of when we facilitate a payment by the renter via the credit card facility on the Holiday Houses site, we are not a party, either ourselves or on behalf of any owner or the renter, in any transaction resulting from use of the site, or any dispute arising from any such transaction. Owners and renters contract directly with each other and should communicate and deal with each other directly to resolve any problems or disputes.
3.5 If a rental arrangement proceeds, and the renter has not paid via the credit card facility on the Holiday Houses site, it is up to the renter and the owner/agent to finalise rental terms and complete all financial transactions. We provide a template agreement on our site that owners and renters can choose to use for short term holiday rental. But we offer no guarantee that it is suitable for your purposes. We are not responsible for your use of, or reliance on, any agreement that you make. We recommend obtaining legal advice if you are unsure about the effect of the agreement.
3.6 Transactions and all other contact between you and any other Holiday Houses users are conducted entirely at your own risk. Without limiting any other clause of these terms and conditions, you acknowledge that Trade Me takes no responsibility or liability for any misconduct of any of its members including, without limitation, misrepresentation of properties and fraudulent behaviour and that Holiday Houses gives no undertakings, representations, or warranties in relation to the accuracy of information on the website.
3.7 You must only make a booking that you intend to use and pay for. You must not use the website or helpline to make speculative, false or fraudulent bookings or enquiries.
3.8 Trade Me reserves the right to amend or remove information published on or through the website if Trade Me considers it incorrect or misleading, or if Trade Me considers your action towards renters is inappropriate.
3.9 If you register with Holiday Houses, you are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
- not to permit any other person to use your user name or membership;
- not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership;
- not to enter your Holiday Houses login details into any website unless the url begins with https://secure.holidayhouses.co.nz/. If you are ever in doubt, please contact us.
4. Specific Warnings
4.1 Your use of the Holiday Houses website and/or services is at your sole risk.
4.2 The website and services are provided on an "as is" and "as available" basis.
4.3 Trade Me does not give any warranties of any kind, whether express or implied, in relation to the website, the service provided by the website, or your use of the website and/or service, including (without limitation) the availability, accuracy or completeness of the website and the information on it, or the quality or suitability of any accommodation, product or service featured or made available on the website.
4.4 Trade Me may modify or discontinue this website without notice to you.
5. Exclusion and Limitation of Liability
5.1 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 Houses 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 actually paid by you to Trade Me for your use of the Holiday Houses website and/or services.
6. General Rules
6.1 All property listings, and all communications made through or in relation to Holiday Houses shall be made in good faith.
6.2 You must not damage, interfere with or harm the website or services, or any network, or system underlying or connected to them, or attempt to do so.
6.3 You may not use a robot, spider, scraper or other automated means to access the website or information featured on it for any purpose without our express permission.
6.4 You must list your accommodation prices in New Zealand dollars and include GST in the price. You acknowledge that your tax obligations are your responsibility.
7. Your obligations as an owner / renter
7.1 You must comply with all laws relevant to the short term rental of the properties you advertise on our site. All information about your property and rates must be accurate at all times.
7.2 You will only list a property for rent if you are authorised to do so. If you are a co-owner of a property, you must ensure that all other co-owners agree to you renting out the property.
7.3 Each property you register on Holiday Houses must represent an individual physical property.
7.4 You agree to respond to enquiries and online booking requests in a timely manner.
7.5 Holiday Houses relies on availability information from your calendar for availability based search. You agree to keep your calendar up to date. Failure to keep your calendar up to date may result in Trade Me disabling your calendar in which case your house will no longer be shown in availability based searches.
7.6 You must not place your contact details (including any contact phone numbers or email addresses), or the details of any website through which you advertise your property, in the body of your listing or in the Holiday Houses messaging system.
7.7 You shall receive an electronic voucher by email when notified of a confirmed booking (and any subsequent amendment) made using the online booking system. You agree to accept from any renter, a current sales voucher generated through the service, as proof that the renter has paid for the relevant accommodation.
7.8 While our site shows probable availability of some properties, it is not a guarantee that a specific property is available at a certain time. You must always check directly with the owner.
7.9 Owners may have particular requirements or restrictions on their properties. If so, these are a matter between you and the owner.
8. Reviews and correspondence
8.1 The feedback or review entries you provide on Holiday Houses about users and properties must not contain offensive, defamatory, unlawful, misleading, deceptive or inappropriate language.
8.2 Trade Me is not responsible for any of the opinions expressed in the review facility. By posting a review you agree to take full legal responsibility and liability for your statements and to indemnify Trade Me from all liability, loss, damages, costs or expenses suffered by Trade Me in connection with your review.
8.3 You may only give feedback related to a specific stay in a Holiday Houses listed on the website that was either booked through the website or was a result of an enquiry through the website.
8.4 You must not include any personal information in the feedback or guest books including but not limited to names, addresses, phone numbers and email addresses.
8.5 Trade Me reserves the right to remove or reject any reviews that it considers inappropriate or in breach of these terms or where the email address does not match a booking.
8.6 Reviews submitted to the website are provided for the sole purpose of facilitating the operation of the website and the services. You must not market or export any reviews on the website to any other venue or website.
8.7 Any correspondence you send to a renter or owner must not contain offensive, defamatory, unlawful, misleading, deceptive or inappropriate language. You agree that if you use the Holiday House messaging function or otherwise use the contact details of a renter or owner obtained in connection with using the Holiday Houses platform, that your correspondence with the renter or owner will relate to a listing or booking on Holiday Houses. You agree to take full legal responsibility and liability for your correspondence and to indemnify Trade Me from all liability, loss, damages, costs or expenses suffered by Trade Me in connection with your correspondence.