Terms & Conditions for MajorDomo Guests
Please note: on some occasions property specific terms and conditions may apply to your reservation that differ from the terms listed below. In these instances, we will notify you of any variances prior to confirming your booking.
Thanks for choosing to stay in a MajorDomo Villa. We want you to have a fantastic stay.
This Contract sets out your rights and obligations as a Guest in a MajorDomo Villa.
In the interests of simplicity this Contract contains the bare minimum of legal jargon only that we need to be legally enforceable. So please, read on, and let’s talk if there are any parts that you don’t understand or aren’t comfortable with. Once you’ve reviewed and accepted our terms, this Contract will legally bind both of us.
2. Your Guest Obligations Before You Arrive
a. Make sure the Property you are booking is suitable for your needs.
b. Make sure you have understood the terms and conditions for booking the Property.
c. We recommend you protect your holiday investment with travel insurance that covers cancellation charges, medical expenses and other unforeseen circumstances.
3. Arrival and Departure Times
a. A check in agent will be available to you between 3 and 5pm on your arrival date. Should you wish to arrive outside of those hours, this would need to be arranged in advance. Departure time is before 10am on your departure date.
b. We may charge a call-out fee of $150 plus GST if you arrive outside of these times.
c. We are not able to guarantee late departures. Should you wish to guarantee a late departure you would need to book and pay for the following nights’ accommodation (subject to availability).
d. You will be required to provide us with a security bond for your stay. This will be charged to your nominated credit card on the day of your arrival – we will also require you to show photograph ID that matches the name of this credit card. Should your arrival be on a weekend or public holiday the bond will be processed on the last working day prior to your arrival.
e. The bond will be the greater of $1,000 or one night’s rental. We will refund the security bond after you depart and we confirm there are no additional costs to be charged to you.
4. Your Guest Obligations During Your Stay
a. Take good care of the Property during your stay.
b. Observe quiet hours between 10pm and 7am each night and act as a considerate, responsible, law-abiding house guest. We have zero-tolerance for behaviours that disrupt others or places our properties at risk of damage.
c. Don’t allow more people to stay at the Property than the number of guests you have booked for and the property allows. Children and infants are included in the total guest count.
d. Do not hold functions or events at the Property during your stay. If you wish to invite friends or visitors who are not staying at the Property this needs approval from the MajorDomo team and is considered on a case by case basis.
e. Keep the Property secure during your stay and lock all doors and windows when you are not at the Property.
f. Don’t smoke or consume any illegal substances in the Property. If either of these are detected, you will forfeit your security bond and incur additional fumigation and cleaning charges.
g. Don’t cook with highly aromatic ingredients that linger in the Property after your stay
h. Guests must be minimum 25 years old to book a MajorDomo property.
i. Supervise children.
j. When you arrive at the Property and during your stay, notify us immediately if there is any pre-existing damage or breakages at the Property, or any appliances or services that are not working correctly.
k. Tell us immediately if you break or damage any part of the Property or its contents.
l. Don’t rearrange furniture or any other contents in the Property.
m. Allow our staff and contractors to access the Property during the day for repairs, maintenance or inspections.
n. Each Property will have specific directions regarding the use of its facilities. You agree to comply with these directions.
o. Pay any of the charges listed in Schedule 1 that apply to your stay.
p. Pay for any locally incurred expenses that are not included in the nightly rate. We will specify what expenses are included in the nightly rate when we confirm your booking.
q. We need to know who is in our Major Domo Villas. If you are inviting an external contractor to the Property (for example a chef, a nanny), please notify us who the contractor is and provide us with a copy of their public liability insurance policy.
5. Your Guest Obligations As You Depart
a. Make sure the Property is in a reasonable state of cleanliness when you check out.
b. Leave the Property and all its contents in the same state of repair that you found them in. If you haven’t already reported any breakages or damage to us, report this to us on your departure.
c. Don’t remove anything from the Property (except rubbish).
d. Place rubbish and recycling in appropriate bins.
e. Ensure the Property is fully locked up when you leave and return the key to the lockbox or as instructed by your Property Manager.
6. Your Payments
a. All quoted prices are in New Zealand Dollars and include New Zealand’s Goods and Services Tax (GST).
b. We require a 25% deposit plus your booking fee to confirm your booking. Final balance is due 30 days prior to your arrival at your villa.
c. For peak periods we require the final balance to be paid 60 days prior to your arrival.
d. Your stay is secured once we acknowledge receipt of your payment and confirm that your stay is secured.
e. We hold all pre-payments in a separate Guest Funds Trust Account as Stakeholder for you and the Property Owner. We do not access any funds in the Guest Funds Trust Account until either:
i. we issue a tax invoice on commencement of your stay; or
ii. your booking is cancelled and paragraph 9 applies.
f. We will charge the following surcharges: 3.5% for Visa or Mastercard, 3.5% for AMEX and $25 per transfer for international bank transfers.
7. Breakages or Damage to Property or Contents
a. You are liable to pay the cost of repair or replacement for any breakages or damage that occur during your stay.
b. If you arrange an external contractor to come to the Property (for example a chef, nanny), you are liable for any breakages or damage that they may cause.
8. Cancellations or Changes by MajorDomo
Unforeseen circumstances can arise that make a booked Property unavailable (for example an Owner may decide to withdraw their Property while they undertake repairs, renovate or market for sale). If this occurs, we will try and rebook you in alternative comparable accommodation for your intended dates. If you accept a substitute property at a different nightly rate, we will invoice you or refund you the difference. If we cannot rebook you in a substitute property, we will provide you with a full refund of your accommodation charge. We will not offer any further compensation and we do not accept any liability for any other costs or loss that you may incur.
9. Cancellation Policy
a. Please give us as much notice as possible if you need to cancel your stay.
b. We charge the following cancellation fees:
i. 25% of the accommodation charge, if we receive your cancellation at least 30 days before the first day of your intended stay;
ii. 100% of the accommodation charge, if we receive your cancellation within 30 days of the first day of your intended stay.
iii. In peak periods, 100% of the accommodation charge, if we receive your cancellation within 60 days of arrival time or after your arrival time. Peak periods include the Christmas – New Year period, Chinese New Year and such periods as MajorDomo Ltd shall advise at the time of booking.
c. If we can rebook the Property, we will reduce our cancellation fee by the amount recovered from the replacement booking less an administration fee.
d. You will not receive any refund if you vacate the Property early or arrive on a later date than planned
e. You authorise us to access funds that we are holding as Stakeholder to pay any cancellation fees that apply. After payment of any cancellation fees to us, we will refund any balance to you.
f. Our cancellation fees apply regardless of the reason behind the cancellation.
g. Any refund will be processed in New Zealand dollars.
10. Special Clauses for Cancellation for Pandemic or Natural Disaster
a. In the event of COVID-19 related travel restrictions preventing your stay or if you, or a person named on your pre-arrival check-in form are unable to travel due to testing positive to COVID-19, we can amend your booking to a new date (subject to rate changes and availability). It is your responsibility to confirm your eligibility to travel to NZ prior to confirming your reservation. Please check the current border permissions if you are an unvaccinated traveller as we will be unable to offer refunds or date changes for bookings on confirmed bookings if the travel restrictions are related to your vaccination status. Please note that we will require a medical certificate or doctors note to confirm COVID-19 infection including the required dates of quarantine, and the name must match to those provided on your pre-arrival check-in form. You will be unable to claim for COVID-19 isolation if the traveller has not been on the guestlist with MajorDomo named prior to diagnosis. New bookings made with credit for cancelled bookings must be made within 12 months of your cancellation date for stay dates within 18 months of your cancellation date.
b. Please note once you have checked in to the Property no refund will apply, however should you need to vacate urgently due to new border restrictions, the cost of unused nights can be credited towards a future booking with the same Property subject to any rate changes and to availability).
c. If cancellation occurs because of a pandemic or natural disaster (earthquake, flood etc), and you are entitled to transfer your accommodation booking to another date, the new booking must be made within 12 months of your cancellation date for stay dates within 18 months of your cancellation date. The nightly rate may be subject to rate change and to availability. Alternatively, we can charge a cancellation fee of 25% of your accommodation charge and refund the balance to you (subject to any reduction in the cancellation fee under clause 9(c)).
d. If current government announcements suggest with certainty that border closures will affect your reservation, we reserve the right to request that you reschedule your reservation to new dates to open up availability for other bookings. Under this request, if you refuse to reschedule, standard cancellation fees will apply, and a date change will no longer be available to you
11. Guest Complaints
a. Please notify us immediately if there is a problem with the Property. You agree to allow us a reasonable time to remedy any problem.
b. We use reasonable care to describe the Property as accurately and fully as possible. We cannot control what happens on neighbouring properties or public areas surrounding the Property you stay in. We do not accept any responsibility if the Property does not meet your expectations or if you are disturbed by anything outside of our control.
c. We are not obliged to provide you with a refund of your accommodation charges if you vacate a property without our authorisation.
12. Eviction From Property
a. We may evict you from the Property if you do not comply with your obligations as a Guest, you do not provide us with a satisfactory explanation, and we consider your lack of compliance is serious enough to warrant eviction.
b. In the unlikely event of an eviction, we are not required to refund you any of your accommodation charge and we may use your security bond to cover any additional costs we incur dealing with your non-compliance. If your security bond is not enough to pay these costs, we may recover any additional costs from you.
13. Extra Costs
a. Schedule 1 sets out the costs we may charge if you need assistance during your stay or if you breach this Contract in any way.
b. In addition to the costs set out in Schedule 1, we may recover debt collection costs in full (including what we pay to our solicitor) plus interest at 6% per month on any outstanding amounts owed to us.
14. Breach Of This Contract
a. Either of us can terminate this Contract immediately by written notice to the other, if the other party goes into liquidation or bankruptcy or in any other way goes out of business.
b. Termination of this Contract doesn’t affect our right to recover money that we are entitled to receive under this Contract.
15. Limitation Of Liability
a. We do not accept any liability for acts or omissions of third parties, or circumstances beyond our control, that may disrupt your stay.
b. We are an agent for the property owner and we are not liable for any loss, injury or damage that you may suffer while staying at a Property.
c. If we are found to be liable to you for any reason, our maximum liability to you is capped at three times the nightly rate applicable at the time of the act or omission giving rise to the liability.
16. Dispute Resolution
a. If we have a dispute that we can’t sort out, we will agree on a suitably qualified expert to decide for us. We will ask the President of the Otago Law Society to choose an expert for us.
b. The expert will determine how our dispute is heard, for example, they may ask for written or oral submissions. The expert will act as an expert and not an arbitrator and will give their determination in writing, with reasons.
c. We will each pay our own costs in respect of the determination and we will share the expert’s cost equally. The expert’s determination will be final and binding.
d. Neither party is allowed to go to Court except where there’s no dispute, or one party needs urgent Court assistance, for example an injunction.
17. Rights of Third Party – Property Owner
a. The rights contained in this Contract confer a benefit on the owner of the Property that you stay in. For example, if you damage a Property, the owner is entitled to recover the cost of repairing the damage directly from you.
b. We don’t need the owner’s consent to amend or terminate this Contract.
18. Miscellaneous Legal Fineprint
a. This Contract isn’t transferrable by you to someone else. You can’t transfer this Contract to anyone else without our written consent. We can transfer this Contract if we sell our business.
b. If for some reason one part of this Contract becomes invalid or unenforceable, the remaining parts will remain in place.
c. We can subcontract out any of tasks under this Contract.
d. This Contract is the entire agreement between us and can only be amended if you and we agree in writing.
19. Signing On The Dotted Line – The Digital Way
Part 4 of the Contract and Commercial Law Act 2017 allows you to opt to accept this Contract digitally to save time (and trees).
Upon confirmation of your booking, please reply to the email we provided your contract via saying you have read and accept the terms of this contract. We will keep your email as a legal record that you’ve accepted this contract.
Schedule 1: Charges (exclusive of GST)
|Booking Management Fee||Variable – From $180 per booking|
|Administration Fee for property transfers or changes to reservations||$250|
|Lost Keys or Garage Door Remote||The greater of the cost of replacement or $150 per key or remote|
|Penalty for occupancy above booking||$500 per additional guest|
|Additional cleaning and/or rubbish removal||$75 per hour plus disposal costs|
|Damage or breakages||Charge based on cost of repair plus $75 per hour admin fee. Call outs after hours are charged at time and a half|
|Charge for excessive noise or illegal activity at Property||$500|
|Call out charges incurred through damage or misuse of alarms, appliances, electronics or excessive use of services||Actual call out charge plus $75 per hour admin fee. Call outs after hours are charged at time and a half|
|Evidence of use of Property as a party venue||$2,000|
|Deodorizing due to smoking||$500|
|Major Domo Call out charge (for any reason)||$150 Call outs after hours are charged at time and a half|
YOU AGREE TO:
- Only use the Property strictly for the purpose of a short-term holiday home;
- Obtain our prior authorisation if you intend on having additional guests staying at or visitors visiting the Property, or a party, function or gathering at the Property. Additional charges may be applicable;
- Keep the Property in a clean and tidy condition and in good repair (including interiors, furniture, carpets, curtains, all chattels and fixtures and fittings);
- Comply with the Terms & Conditions, the Guest Rules, and the Property Manual (in-villa compendiums) located at the Property and any other terms and conditions agreed between us;
- Report to us any disrepair or defect in respect of the Property as soon as you become aware of it;
- Obtain our approval for the erection of any temporary structures on the Property (e.g. tents or tarpaulins) prior to making your booking;
- On departure:
- vacate the Property not later than 10am unless otherwise agreed with us prior. Late departure fees may be applicable;
- leave the Property in a clean and tidy condition and meet any additional cleaning costs that we deem necessary if you fail to do so;
- return all keys for the Property to us prior to your departure. Any lost keys or garage door remotes will incur a charge;
- Allow us, the owner of the Property, or our agents and contractors to have access to the Property at all reasonable hours during the day to carry out repairs or other works to the Property if required;
- Pay for all telephone calls made from the Property and all other services provided to you at the Property;
- Ensure that the internet connection at the Property is used for legal purposes only. You will be responsible for any illegal downloads during your stay;
- Keep the Property locked and alarmed whenever it is not occupied.
YOU AGREE NOT TO:
- Do anything which adversely affects, voids or compromises any insurance for the Property;
- Cause any nuisance or annoyance to us, the owner, other guests or neighbours. If this rule is breached (as reasonably determined by us at our discretion) we will be entitled to deduct up to $500 plus GST per event to cover our reasonable costs in attending to such incidents from your credit card or pre-authorised sum in accordance with clause 2 (Bond);
- Smoke inside the Property;
- Accommodate more than the number of Guests as stated on the Accommodation Reservation Form and stated on the Guest Registration Form (to be completed on check-in);
- Operate a business at the Property or use it for any improper, immoral or illegal purpose;
- Allow any third party (aside from the Guests and visitors approved by us) to use or be present at the Property;
- Keep any pet on the Property without our prior written permission;
- Use illegal substances or conduct illegal activities or break any law while staying at the Property;
- Move, re-arrange or remove furniture or chattels at the Property without our prior written permission.
- Cook with highly fragranced ingredients that linger in the property after your stay.