This Agreement is between
1.1 “You” and H for H Limited trading as Homeforhire.com.
1.2 Home for Hire confirm and agree that following acceptance of these Terms and Conditions, You will be given access to and use of the Booking System in accordance with the provisions of these Terms and Conditions.
2. Definitions and Interpretation
In this Agreement unless the context otherwise requires:-
2.1 “Accommodation” means any form of residential accommodation occupied by a Customer including (but without limitation) all hotels, apartment blocks, apartments, houses or other accommodation building or otherwise together with any swimming pool(s), ancillary building(s), annex(es), all contents, fixtures and fittings, grounds, facilities and services (both inside and outside) available or accessible to any Customers as offered for hire by You.
2.2 “Booking System” means the online software as provided on the Home for Hire website.
2.4 “Commission and Charges Schedule” means the schedule of charges and commission charged by Home for Hire attached to these Terms and Conditions as amended from time to time.
2.5 "Customer(s)" means any and all person(s) who book the Accommodation and pay the deposit through the Booking System and therefore have agreed to your rental contract as set up through the Booking System.
2.6 “Customer’s Funds” means monies collected by Home for Hire from customers by credit and/or debit card through the Booking System.
2.7 “Home for Hire” means H for H Limited, a company incorporated in New Zealand and trading as homeforhire.com.
2.8 “Owners account” means the Home for Hire Owners Account which is a bank account set up with a reputable NZ banking organisation and maintained by Home for Hire solely for the purpose of depositing funds collected by Home for Hire from Customers who pay for accommodation bookings by credit or debit card. This account is entirely separate from any commercial or business activity by Home for Hire.
2.9 “Website” means any website owned and controlled by Home for Hire through which you can offer the Accommodation for hire.
2.10 “You” means the owner of the Accommodation or the owner’s authorised representative.
2.11 Headings: Clause and other headings are for ease of reference only and shall not be deemed to form any part of the context or to affect the interpretation of this agreement.
2.12 Plural and Singular: words importing the singular number shall include the plural and vice versa
2.13 Parties: references to parties are references to parties to this agreement and includes the executors, administrators, successors and assigns of each party respectively
2.14 Persons: references to person or persons shall be deemed to include references to individuals, companies, corporations, firms, partnerships, joint ventures, associations, organisations, trusts, states or agencies of state, government departments and municipal authorities in each case whether or not having separate legal personality
2.15 Statute and Regulations: reference to any statute or regulation are to New Zealand
Statutes and Regulations and shall where applicable include all modifications or re-enactments thereof
2.16 Gender: words importing one gender shall include the other genders;
3. Booking System
3.1 The booking system known as homeforhire.com provides you with:
(a) the ability to set up a rental contract and a pricing system.
(b) the ability to create a website for a single property, a series of properties or a packaged portfolio of properties. (c) the ability for Your Customers to book and pay for their bookings online by credit and/or debit card. By booking and paying through the Booking System your Customers implicitly agree to the rental contract that you set up through the Booking System.
(d) the ability to list your property details including photos and descriptions, pricing, discounting, availability and rental business terms and to create a website for your own personal use. (e) the ability to manage the booking process online, to accept, confirm, amend, and cancel bookings and to receive and confirm payments, notice of cancellations and amendments from customers.
4. Use of the Booking System and Procedures
You agree and confirm the following:
4.1 You are responsible for the initial entry of the descriptive details, prices and all other information relating to the Accommodation onto the Booking System and at all times thereafter maintaining, checking and amending (if applicable) that information.
4.2 All prices entered onto the Booking System by You relating to the Accommodation will be up to date, accurate and not misleading in any way whatsoever.
4.3 You will upload the correct pricing, extras, discounting and payment terms applicable to all bookings for the Accommodation into the Booking System. You will be responsible for checking that the Booking System settings you have chosen work as you intend. You will check that any booking request presented to you is correctly priced before accepting it, or in the case of bookings confirmed instantly within 24 hours of the booking being received by Home for Hire. Home for Hire accepts no liability whatsoever for any claims, losses, or damages (direct or indirect) suffered by any customers or You arising out of inaccurate pricing on any bookings.
4.4 You will upload the correct cancellation charges applicable to bookings of the Accommodation onto the Booking System.
4.5 You are solely responsible for the accuracy, legality, currency and compliance of any and all information (including written and pictorial descriptions) and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
4.6 If you are not using the Booking System exclusively for processing all your bookings You will regularly and promptly update the dates on which the Accommodation is shown as available for hire using the Booking System. Home for Hire accepts no liability whatsoever for any claims, losses, or damages (direct or indirect) suffered by any customers or You arising out of inaccurate availability dates including where this is due to a technical failure of the Booking System.
4.7 You shall respond promptly and efficiently to any queries from Customers regarding the Accommodation and/or any booking whether received before or after bookings have been confirmed.
4.7.1 You shall notify all and any Customers promptly of any alterations or amendments to Accommodation details both before and after bookings have been confirmed.
4.7.2 You shall promptly notify all Customers affected if You have to cancel a booking.
4.7.3 You shall promptly and courteously deal with any complaints received from Customers whether passed onto You by Home for Hire or received directly from Customers and respond to the same directly to the Customer(s) concerned within a reasonable timeframe.
4.8 You shall not use or attempt to use the Booking System in any way other than its intended use.
4.9 You are not permitted to process card payments on behalf of Customers or any other third party. Any breach or attempted breach will result in immediate termination of this agreement.
5. Payment of Customer Funds by Home for Hire
5.1 Customers Funds will be paid to You by Home for Hire, seven days after Customers have completed their stay at the Accommodation.
5.2 The cost of transfers and issuing cheques as set out in the Commission and Charges Schedule will be deducted from the payment before being transferred to You.
5.3 Home for Hire will not be responsible for the collection from Customers and/or holding in the Customer Account of any surcharge monies which have not been entered as extra prices in the Booking System.
5.4 Home for Hire agree to pay You in the currency that you have selected for financial transactions which will be the currency that your property was listed in at the time of the booking.
6. Amendments and Cancellations
You hereby acknowledge the following:-
6.1 Home for Hire will calculate the applicable cancellation charge as set by You in the Booking System and return all monies paid by the Customer by credit/debit card less the applicable cancellation charges to the customer’s credit card.
6.2 Home for Hire accepts no responsibility whatsoever for the non-payment of any balances by Customers nor for the collection of cancellation charges which exceed the total amount of monies already received from Customers.
6.3 In the event that You cancel a booking, Home for Hire shall be entitled (but not obliged) to assist the Customer in finding an alternative property. You also acknowledge that (except as otherwise set out in this Agreement) You shall accept full responsibility for all losses, claims and expenses incurred or suffered by a Customer arising out of your cancellation or effective cancellation of the booking and that Home for Hire shall have no responsibility or liability to the Customer for such cancellation whatsoever. For the avoidance of doubt in the event of a cancellation of a booking by You, the indemnities provided in these Terms and Conditions apply.
7. Consequence of Cancellations
7.1 If a Customer cancels a confirmed booking Home for Hire shall deduct the commission from any monies that have been collected by Home for Hire from Customers before transferring any monies due to You. Home for Hire will then refund any monies due (if applicable) less any cancellation charges to the Customer.
7.2 If You cancel a confirmed booking You will be liable for a cancellation charge as set out in the Commission and Charges Schedule. The commission amount and the cancellation charge will be noted as sums owing to Home for Hire on your account and Home for Hire will be entitled to deduct these or any other charges from the next payment due to You from Home for Hire, or if there are no further payments to be made within a period of 1 month from the date the sums were noted on your account as described in this clause, Home for Hire shall invoice You for this amount.
7.3 Any payments already received by You in respect of the booking You have cancelled must be promptly returned to Home for Hire or to the Customer if the Customer has paid You direct.
8. Refunds and Chargebacks
8.1 If Home for Hire are obliged to refund your customers because of a credit card charge back or for any other reason and customers’ monies have already been remitted to You by Home for Hire, You shall promptly refund to Home for Hire any monies due, or if Customers monies remain in the Account, You shall promptly notify Home for Hire of any refunds to be made to Customers. On receipt of such monies/notification Home for Hire shall refund to the Customer(s) concerned all monies due in full. In all other cases, You shall promptly refund all monies due to Customers for whatever reason direct to the Customers.
8.2 In the event of Home for Hire having to refund monies to a Customer of Yours due to a credit card chargeback whilst a dispute is ongoing, You agree that Home for Hire shall refund such monies as are charged back using the monies Home for Hire are holding on your behalf for the booking in question and shall have no further liability to You whatsoever.
8.3 You agree that if You wish to recoup any monies you feel you are entitled to from the Customer to whom Home for Hire have refunded any monies; You shall pursue the Customer direct for these, and not Home for Hire.
8.4 If the renter completes the chargeback the homeforhire commission is still payable by you the owner.
Homeforhire will invoice you for this amount.
You agree and confirm the following:-
9.1 The Accommodation will be provided with all due skill, care and diligence and that all persons engaged or employed by You in connection with the provision of the Accommodation will be appropriately qualified, experienced and capable of competently performing the work or jobs for which they are responsible.
9.2 The Accommodation will at all times be maintained to a good and clean standard, in full working order and safe for occupation and use.
9.3 The Accommodation complies and will at all times comply in full with all applicable national and local statutes, regulations, by-laws, codes of practice trade and other law including (but without limitation) relating to hygiene, fire, safety and other standards for those using the Accommodation and that You have and will at all times maintain in force the appropriate current certificates confirming such compliance.
9.4 You hold and will at all times maintain all necessary licenses, consents and permissions required by applicable national and/or local law in relation to the Accommodation.
9.5 You confirm that You own the Accommodation and/or have full and unrestricted power to enter into this Agreement.
10. Non-exclusive Appointment as Agent
You hereby appoint Home for Hire as your non-exclusive agent to do the following:
10.1 To provide a facility through which You can offer accommodation to Customers for hire using the Booking System. Nothing in this agreement however shall impose any obligation on Home for Hire to accept or manage the facility on your behalf or become liable in any way whatsoever for any bookings on your behalf except as provided in these Terms and Conditions.
10.2 To accept credit or debt card payments from Customers for the accommodation and remit the same to You as more fully set out in this agreement.
10.3 To hold all Customers Funds in accordance with the terms of this Agreement in the Trust Account.
10.4 To deposit all payments received from Customers into the Owners account as soon as reasonably possible after receipt. You hereby acknowledge that all monies held in the Owners account are to be held on express trust by Home for Hire for any and all Customers until the Customer(s) concerned has concluded his/her stay at the Accommodation.
10.5 To inform you as soon as possible of:
(i) any booking request or enquiry that is made and provide you with details of the request.
(ii) any payment made to Home for Hire by a Customer.
(iii) any payment made to Home for Hire by a Customer that is dishonoured or rejected by that Customer's bank or credit card issuer.
10.6 To allow you to display your accommodation prices and carry out financial transactions in the currency of your choice. Customers will pay in the currency as displayed. You may change this on a booking by booking basis.
10.7 To provide you with an online account so that you can view your Client Account and request payments of any balance that becomes available for your collection.
10.8 To provide you with an online account to view and manage your bookings, communicate with your customers, see past communication and contact details.
11. Your Obligations to Home for Hire
You hereby acknowledge that:-
11.1 You shall pay Home for Hire commission as more particularly set out in the Commission and Charges Schedule at the rate set out in the Schedule or such other rate as is agreed in writing between the parties.
11.2 Home for Hire becomes entitled to commission on the full value of the booking including extras when a booking commences namely when the Customer pays the deposit and has agreed the rental contract.
11.3 Home for Hire shall be entitled to deduct the commission due to Home for Hire arising out of a particular booking from payments received from Customers as soon as there are sufficient funds collected in the Owners Account. Generally this means that when we transfer monies to you from your Client Account we will deduct any commission owing to Home for Hire from the amount transferred.
11.4 You agree to check that all booking fees and associated guest charges are calculated correctly, and notify Home for Hire of any errors before accepting a booking request, or in the case of bookings confirmed instantly within 24 hours of the booking being received by Home for Hire.
You hereby acknowledge and agree to the following:
12.1 All Customers who make a booking for the Accommodation shall have a direct contract with You and You shall accept liability for that contract as the principal.
12.2 Home for Hire shall not be liable to You or any Customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement and/or the Booking System, its use, application, support or otherwise damage or corruption to other software or data or for loss of profit, business, revenue or goodwill except to the extent to which it is unlawful to exclude such liability including pursuant to any provision of the Consumer Guarantees Act 1993.
12.3 Home for Hire shall not be liable to You or any Customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly from errors in the calculation of booking fees and/or any associated guest charges including any loss or damage whatsoever or howsoever caused due to a technical failure of the Booking System.
13.1 You agree to indemnify Home for Hire for the full amount of all claims, liabilities, demands, damages, expenses, losses, refunds, fines, costs (including legal costs on a lawyer/client basis) and all other sums of whatever nature which Home for Hire incur, suffer or become responsible for as a result, directly or indirectly, of any breach of this Agreement and/or any other agreement between the parties by You and/or any act(s) and/or default(s) of Yours and/or any person(s) engaged or employed (directly or indirectly) by You (including your employees, agents, suppliers and sub-contractors). This indemnity shall survive and remain in full force and effect after the termination (for any reason) or expiry of this Agreement.
13.2 Without prejudice to the above You also agree to indemnify and keep indemnified Home for Hire (including its directors, officers, employees and agents) from and against any and all liability, damages, losses, claims (including legal costs on a lawyer/client basis) resulting in any way from your use of and from any information posted on or through the Booking System (including to any Customers).
14.1 You shall at all times maintain (at your own cost) a comprehensive insurance policy or policies to cover:-
(a) All risks relating to and/or arising out of the performance of this Agreement normally covered by insurance including (by way of example and not by way of limitation) destruction or damage of the Accommodation by any cause and all third party risks including cover for death, personal injury and illness.
(b) The full amount of all sums which may become payable pursuant to the Indemnity provisions of this Agreement.
15.1 This Agreement shall continue in force until terminated as provided herein.
15.2 This Agreement may be terminated by either party giving the other party 28 days notice in writing with effect from the expiry of the said notice.
15.3 Home for Hire shall have the right to terminate this agreement forthwith by written notice to You if You:
(a) shall be guilty of any breach of Your obligations under this agreement and shall not have remedied such breach within 7 days after receiving notice from Home for Hire to do so;
(b) You become insolvent or bankrupt or unable to pay Your debts in the ordinary course of business; or (c) In the case of a Company the Company becomes insolvent, has a liquidator or receiver appointed or enters into voluntary administration.
15.4 If You shall have been guilty of any breach of the same obligation or obligations under this agreement twice in any period of one year, Home for Hire may terminate this agreement forthwith if a third breach occurs of such obligation or obligations within a period of one year from the date of the second such breach.
15.5 Save as set out in clause 16 termination of this Agreement shall not prejudice the rights of either party in existence prior to the effective date of termination.
15.6 You acknowledge that it is possible to immediately turn off the Booking System thus making your accommodation un-bookable and equally it can be turned back on again by you at your convenience. Home for Hire reserve the right however to turn off the Booking System for your accommodation for the following reasons.
(i) Home for Hire believe the details of your property or the settings of your Booking System are in any way misleading, confusing or will lead to complaint or error in the booking process.
(ii) You attempt to promote another website or enter an email address, phone number or other form of communication in the descriptive area of the Booking System or elsewhere whether intended to deal directly with Customers or done unintentionally.
(iii) You enter any information in the descriptive area that is in breach of copyright or subject to complaint by another party or is any way considered to be fraudulent, offensive, or misleading. (iv) Any of the grounds specified in clause 15.1.
(iv) Home for Hire considers it an appropriate action as part of the normal day to day operation of the business, including but not limited to the requirement to carry out updates on the Booking System.
16. Consequences of Termination
16.1 In the event of termination by either party in accordance with clause 15.1 the following will apply:
(i) Home for Hire will cease to advertise your property(s) and/ remove from the Booking System thereby removing the facility to accept payments for any and all Accommodation.
(ii) In such cases where booking contracts are in progress Home for Hire shall remit all monies received from any Customers for the Accommodation where the Customer has not yet stayed at the Accommodation back to the Customer. You agree that you will then be responsible for obtaining all monies due for the Accommodation direct from the Customer. Home for Hire shall have no further liability towards you.
17. Customer details
18. Intellectual Property Rights
18.1 You acknowledge that any and all of the copyright, trade marks, trade names, patents, domain name and other intellectual property rights created, developed, subsisting or used in or in connection with the Booking System are and shall remain the sole property of H for H Limited. You shall not during or at any time after the completion, expiry or termination of this Agreement in any way question or dispute the ownership thereof by H for H Limited.
18.2 In the event that new inventions, designs or processes evolve in performance of or as a result of this Agreement, You acknowledge that the same shall be the property of H for H Limited unless otherwise agreed in writing by H for H Limited.
19.1 Any notice required or authorised to be served in relation to this Agreement may be signed by the person giving the notice or that person's agent and may be served:
(a) By delivering it to the addressee personally; or
(b) By posting it by registered letter addressed to the addressee at the addressee's place of residence or business last known to the sender; or
(c) In the case of a company, by leaving it at its registered office or by posting it by registered letter addressed to the addressee at its registered office or addressed to it at its place of business last known to the sender or by delivering it to any person who is named on the public register as a director of the company.
(d) In the case of a Company, individual or other entity:
(i) by transmission by fax to the fax number of the addressee last known to the sender PROVIDED THAT such notice shall be deemed to have been served on the next working day following the date of transmission.
(ii) by email to the email address of the addressee last known to the sender PROVIDED THAT such notice must be sent with a “Request a Read Receipt” and shall be deemed to have been served when an acknowledgement of receipt has been emailed back to the sender.
Where a demand or notice is not served in accordance with any of the foregoing methods, it shall still nevertheless be sufficiently served if actually received by the addressee.
A demand or notice posted by registered letter pursuant to these provisions shall be deemed to have been served on the third working day after posting.
(e) The modes of service provided by this clause:
(i) Do not limit any other sufficient and lawful modes of service
(ii) Are subject to any mandatory provisions in any statute.
20. Proper Law and Jurisdiction
20.1 This Agreement shall be governed by New Zealand
law in every particular including formation and interpretation and shall be deemed to have been made in New Zealand
20.2 Any proceedings arising out of or in connection with this Agreement may be brought in any court of competent jurisdiction in New Zealand
20.3 The submission by the parties to such jurisdiction shall not limit the right of Home for Hire to commence any proceedings arising out of this Agreement in any other jurisdiction it may consider appropriate;
20.4 Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with the notice provisions of this Agreement subject always to any mandatory provisions in any Statute or Regulation;
20.5 In the event that the You are resident outside New Zealand
Your address for service shall be the Your place of residence or business last known to Home for Hire and any time limits in any proceedings shall not be extended by virtue only of Your foreign residence.
21.1 In the event of a dispute between a Customer and You being notified to Home for Hire by either party, Home for Hire shall be entitled in our discretion to withhold all and/or any monies due to You whether relating to that particular booking or otherwise until such times as the dispute has been settled and both You and the Customer have acknowledged settlement in writing to Home for Hire.
22.1 Home for Hire may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope, rules or charges. If any modification is unacceptable to You, Your only recourse is to terminate this agreement. Your continued usage of the booking system following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
23. Entire Agreement
23.1 This Agreement contains all terms of the arrangement between the parties and supersedes and extinguishes all prior agreements, discussions and arrangements between the parties with respect to the matters covered by this Agreement.
24.1 Failure or omission by Home for Hire at any time to enforce or require strict or timely compliance with any provisions of this Agreement shall not affect or impair that provision in any way or the rights of Home for Hire to avail itself of the remedies it may have in respect of any breach of that provision.
25. Further Assurance
25.1 Each party undertakes to do all acts and things and execute all agreements and documents which may be required to be executed to carry out or give effect to the provisions of this Agreement.
26. Partnership or Agency
26.1 Nothing in this Agreement shall create a partnership or agency between any of the parties unless expressly provided.
27. Force Majeure
27.1 Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive government regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible.
28.1 If any provision of this Agreement or these conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by either of the parties from any competent authority the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or by agreement of the parties it may severed from this Agreement.
Commission And Charges Schedule
Marketing Commission on all bookings that are generated directly by Home for Hire and where the booking is paid by credit or debit card will be at 12% of total booking value unless as a featured listing and will then be 15%.
Transfer costs Payment can only be made by bank transfer.
A $150 charge to cover administration costs will be payable should you the owner cancel the booking for any reason after the booking has been confirmed.
For the avoidance of doubt you will never be asked to pay a set up, joining fee or any maintenance charges during the life of this agreement as payment only becomes due when we either generate a booking or process a credit/debit card payment. Also any and all bank charges arising as a result of payment received by Home for Hire from the Customer by credit or debit card shall be borne exclusively by Home for Hire.
All charges specified in the Commission and Charges Schedule are inclusive of GST (if any).