Terms of use

The following terms and conditions apply for use of the Bookabach rental website. By registering as a member of Bookabach and choosing to use the services we provide you agree to accept and abide by these terms. If you do not accept these terms and conditions you must stop using the Bookabach service.  No advice or information that is obtained by you from us or anyone else shall create any warranty by us that is not expressly stated in these terms and conditions.

We reserves the right to make changes and additions to the website, the services on offer, and these terms and conditions without prior notification. These terms and conditions replace any previous published terms related to the use of the website for rental.

DEFINITIONS

In these terms and conditions the following expressions are used:

‘Bookabach’ refers to the website but can also refer to AA Bookabach Ltd.

‘Member’ means anyone who has registered on the Bookabach website.

‘Owner’ refers to a bach owner.

‘Agent’, ‘booking agent’ or ‘property manager’ refers to an individual or organisation acting as a rental booking agent or property manager for the property with explicit authority of the owner(s).

‘Accommodation provider’ means the Owner (if owner-managed) or Owner’s representative (family member, friend, agent or property manager).

‘Services’ means one or more service offerings provided by Bookabach.

‘We’, ‘us’ and ‘our’ are referring to AA Bookabach Ltd.

‘Renter’, ‘rental guest’,  ‘you’ or ‘your’ are referring to you.

‘Listing’ means a property listing (advertisement) on Bookabach.

‘Rental Contact’ refers to the individual acting as primary contact for rental activities for a property.

‘Content’ refers to any text or images on the website either viewable by the public, or in private member areas of the website.

1. GENERAL TERMS OF USE

1.1. Services: We provide a service that puts you in touch with holiday home accommodation providers.  If a rental proceeds, you are entering into a rental agreement with the accommodation provider, not Bookabach.  It is up to you to finalize terms or rental and complete any financial transactions.  We provide the forum and in some cases we provide a payment facility for the financial transaction (for credit card payments).

1.2. At your own risk: All transactions carried out by you are conducted entirely at your own risk. We make no warranties as to the accuracy of any information on the website or that the accommodation is fit for purpose, safe and sanitary, or suitable for your specific needs. We take no responsibility or liability for misrepresentation of properties and/or fraudulent behaviour.

1.3. Accuracy and availability of information:  You accept that the website is provided on an “as is” and “as available” basis and your use of the service is at your sole risk.  We do not warrant that the services provided will be uninterrupted, timely, secure or error free, or that any information, (including listings, feedback and guest books) provided on the website is error-free or reliable. 

1.4. No endorsement: Responsibility for property listings on the website rests solely with the accommodation provider related to that property. The placement of these listings does not constitute an endorsement or recommendation by us. Each accommodation provider is solely responsible for any representation made in connection with their listing(s).

1.5. Right to modify or discontinue service: We may modify or discontinue this website, with or without notice to you. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation.

1.4. Liability:  We accept no responsibility for information supplied by third parties and, in particular, does not guarantee or warrant the accuracy of, or the fitness for any particular purpose of, or merchantability of, any third party information, product or service available from, or referred to, on this site.  We will not be liable for any damages or loss caused by the use of any information on this site.

1.5. Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions. Notwithstanding, the limitation of any liability against us shall not exceed the value of the rental transaction itself.

2. MEMBERSHIP

2.1. Rights to a membership: Anyone over the age of 18 years old can become a member of Bookabach and the Bookastay Network of websites.  By registering as a member you warrant that you can form a legally binding agreement.  You are responsible for any actions taken through your membership. Memberships are non transferable and can not be sold, leased, let or traded.

2.2. Termination of membership: We reserve the right to remove memberships that are deemed non-active or have not been accessed for sometime.  We reserve the right to terminate your membership and use of the website if we believe you have violated or acted inconsistently with the letter or spirit of these terms and conditions, violated the our rights, the rights of other members or any third party, or for any reason we see fit with or without notice to you.

2.3. Accuracy of information supplied: You warrant that you have provided complete, accurate and current personal information when registering as a member. We may phone, email or mail you to verify these details. You must not register as a member under multiple identities or personas whether false or not.

2.4. Security of your login information: You will receive a password in connection with your use of this website. You are responsible for keeping your login information (email and password) secure and secret. Without limiting the foregoing, you agree to not permit any other person to use your membership; and not to disclose information to others that would enable them to gain access to your membership.

2.5. Emails and newsletters: We reserve the right to send you emails related to your membership and any transactions you perform through the website. We may also send you periodic electronic marketing materials (e.g. newsletters), which you can opt out of receiving.

3. RULES ON CONDUCT

3.1. Your conduct in using the website: All communications made through the Bookabach system must be made in good faith. You must not damage, interfere with or harm the website of services, or any network, or underlying system part there of, or attempt to do so. You must not use a robot, spider, scaper or other automated means of accessing information from the website. You shall not attempt to access secure or non-public areas of the website without appropriate authorization.

3.2. Posting of any content (including feedback, guestbooks etc.):  You are responsible for any content you provide to us and are responsible for the consequences of your posting such content.  By providing any content to us you warrant that you are the legitimate owner of this content and grant us non-exclusive, royalty free use of this content on the website and in any other marketing activities associated with promoting the website.  You must not post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it.  Any images you upload must be “unmodified”, i.e. not digitally enhanced or modified in any way. This includes the addition of borders, arrows, outlines, logos, text or other enhancements.  You shall not list your phone number, email address, name or URL in any posted website content (e.g. feedback, guestbooks etc.).  You must not post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others. You must not post content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity. We reserve the sole right to determine what is considered offensive, defamatory or inappropriate language. You must not post sexually-explicit images.  You must not post or transmit advertisements, promotional materials, “junk mail,” “spam,” chain letters, pyramid schemes or any other form of solicitation. We reserve the right to edit or remove any content you supply for any reason we deem necessary.

3.3. Posting feedback and guestbook entries:  You may only give feedback related to a specific transaction. You must not post feedback about yourself.

3.4. Representation:  You must not impersonate another person. You must not misrepresent your affiliation with any person or organization, or claim any endorsement you are not entitled to.

3.5. Non-solicitation: You must not solicit our members via the website for any products or services. Attempts to solicit our members may result in suspension or terminating of your membership at our discretion.

4. MAKING A BOOKING

4.1. Terms of trade: Each accommodation provider is responsible for setting their own Terms of Trade (Rental Terms) - not Bookabach. It is up to you to ensure these are made available to you, and that you’ve read and understand them before you proceeding with any rental.  They should at include (as a bare minimum) payment terms (what to pay when) and cancellation terms (what you forfeit if you cancel). We will not be held responsible for Rental Terms that are either not defined, are poorly defined (unworkable) or unfair.

4.2. Payment by credit card:  If you pay for your accommodation on Bookabach by credit card you are doing so using either of our Payment Gateway or Hosted Payment products.  In both cases your funds are held in a Commercial Trust Account.  Payments using our Payment Gateway, and shown as ‘Safepay’, are held in OUR Commercial Trust Account.  Payments using our Hosted Payments product are held in a Property Manager’s Commercial Trust Account.  While Property Managers must be approved to use Hosted Payments, we assume no responsibility for their actions in taking and handling payments.

4.3. Safepay payments: By choosing to pay using our Payment Gateway facility you agree to the specific terms related to the use of this facility. For more info refer to the Safepay Terms of Use shown on your Booking Statement.

4.3. Cancellations: Your should notify the accommodation provider as soon as you know you need to cancel. If your payments are held in our Commercial Trust Account (safe pay payments on our Payment Gateway product) then we will refund any money owing after cancellation back to your credit card. In all other cases your cancellation refund will be processed and provided by the Accommodation Provider.

5. GENERAL PROVISIONS

5.1. System Integrity: We will make all effort to ensure availability of the website and services, subject to any downtime required for routine maintenance and upgrades. However, we take no responsibility for any system unavailability, or for any losses incurred as a result of the website or services being unavailable. Furthermore, Bookabach assumes no responsibility for the corruption of any data or information held by Bookabach.

5.2. Disputes: As Bookabach is not a party to any rental transaction between you and another member, you agree not to involve or attempt to involve Bookabach in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.

5.3. Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

5.4. Intellectual Property Rights: Bookabach (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons, video and sound recordings) and the software and other material underlying and forming part of the services and the website. You may not without our prior written permission, by any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works for any part of this website; or commercialise, copy, or on-sell any information, or items obtained from any part of this website.

The following terms and conditions apply for use of the owner/manager website and the services provided.  By registering as a member of Bookabach and choosing to use the owner/manager website you agree to accept and abide by these terms.  If you do not accept these terms you must stop using the website and services.

DEFINITIONS

In these terms and conditions the following expressions are used:

‘Bookabach’ refers to the website but can also refer to AA Bookabach Ltd.

‘Member’ means anyone who has registered on the Bookabach website.

‘Website’ or ‘Site’ refers to the owner/manager website in most cases but may also refer to the renter website.

‘Product(s)’ refers to one or more products and services offered by Bookabach.

‘We’, ‘us’ and ‘our’ are referring to AA Bookabach Ltd.

‘You’ and ‘your’ are referring to you.

‘Listing’ means a property listing (advertisement)

‘Actively listed’ means a property listing that is live (published) on the renter site

‘Owner’ refers to a bach owner.

‘Property Manager’ refers to an individual or organisation acting as a rental booking agent or property manager for the property with explicit authority of the owner(s).

‘Admin Contact’ refers to the individual acting as primary contact for a property.

‘Rental Contact’ refers to the individual acting as primary contact for rental activities for a property.

‘Billing Contact’ refers to the individual responsible for paying fees on a property.

‘Property Members’ refers to people who are provided with access to the site for a specific property.  This can include property owners, family, friends and property managers.

‘Content’ refers to any text or images on the website either viewable by the public, or in private member areas of the website.

‘Personal Information’ includes your name, phone numbers, email address or your personal or business website URL.

1. GENERAL TERMS OF USE

1.1. Scope of these terms: These terms and conditions represent the general terms of use for the Owner/Manager website.  They replace any previously published version.  Combined with any specific product terms of use, they represent the complete agreement between you as a “member” or “user” of the website and us. No advice or information that is obtained by you from us or anyone else shall create any warranty by us that is not expressly stated in these terms and conditions.

1.2. Right to make changes and discontinue: We reserves the right to modify or discontinue this website, and/or make changes to the products we offer and our terms of use without prior notification to you. You agree that we will not be liable to you or any third party as a result of such changes.  We reserve the right to remove memberships, accounts, properties and listings that are deemed non-active or have not been accessed for sometime, or have breached any of these terms and conditions.

1.3. Intent and purpose: You agree to use the service for its intended purpose: as an on-line facility for coordinating and managing a holiday home and obtaining rental interest.  You must not damage, interfere with or harm the website of services, or any network, or underlying system part there of, or attempt to do so.  You must not use a robot, spider, scraper or other automated means of accessing information from the website.  You shall not attempt to access secure or non-public areas of the website without appropriate authorization.

1.4. Non-solicitation: You must not solicit other members via the website for any related or unrelated products or services. Attempts to solicit members may result in suspension or termination of your memberships.

1.5. Privacy: We collect personal information about you when you register on the website and through your use of site overtime.  This information includes but is not limited to your contact details and feedback on your transactions via the website.  You agree that we may use this information to assist us in providing the services to you.  If you are the rental contact of one or more properties you agree that we can disclose your contact details to anyone who has made an enquiry on a property under your management.  You also agree to allow us to publish - anonymously using your screen name - not your real name - any transactional feedback about you.  We will not sell, license or allow third parties to access your personal information without your explicit consent.  Not withstanding, you agree that we may release personal information when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect our rights, or the rights of our members/users, or others. For more information, please see our full Privacy Policy.

1.6. System availability: We will make all effort to ensure availability of the website and services, subject to any downtime required for routine maintenance and upgrades. However, we take no responsibility for any system unavailability, or for any losses incurred as a result of the website or services being unavailable. Furthermore, we assume no responsibility for the corruption of any data or information held by us. 

2. SPECIFIC WARNINGS

2.1. Introduction service only: We provide a service that puts you in touch with potential renters. We do not take part in the rental transaction itself - other than providing the website as a transactional forum. If a rental goes ahead it is up to you and the renter to finalize your rental terms and complete all financial transactions.  All transactions carried out by you and any other member are conducted entirely at your own risk.

2.2. Indemnity:  We do not act as an agent for either party and do not participate in the rental transaction.  You accept that we take no responsibility or liability for any misconduct by members including but not limited to property damage or fraud.  You agree to release, indemnify and keep indemnified us from any and all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by you arising out of use of the website.

2.3. Dispute resolution process: As Bookabach is not a party to any rental transaction between you and another member, you agree not to involve or attempt to involve Bookabach in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.

2.4. No warranty: You accept that the website is provided on an “as is” and “as available” basis and use of the service is at your own risk.  We do not warrant that the services provided will be uninterrupted, timely, secure or error free, or that any information provided on the website is error-free or reliable.

2.5. No endorsement: Listing your property on the website does not constitute an endorsement or recommendation by us for you, your business or your property.

3. MEMBERSHIP

3.1. Becoming a member: Membership is free.  You pay for the products and services we offer through the website.  You must be over 18 years old to create and maintain a membership. By registering as a member you warrant that you can form a legally binding agreement.

3.2. Accuracy of information supplied: You warrant that you have provided complete, accurate and current personal information when registering as a member. You agree to keep your personal details up to date. We may phone, email or mail you to verify these details. You must not register as a member under multiple identities or personas whether false or not.

3.3. Membership responsibilities: You will nominate a password in connection with your use of this website. You are responsible for keeping your login information (email and password) secure and secret. Without limiting the foregoing, you agree to not permit any other person to use your membership; and not to disclose information to others that would enable them to gain access to your membership. You are responsible for all actions undertaken under your Membership.  Memberships are non-transferable and cannot be sold, leased, let or traded. Notwithstanding, we do allow properties to be moved from one owner/property manager to another.

3.4. Emails and newsletters: We reserve the right to send you emails related to your membership and transactions performed on the website.  We also send marketing communications via email.  Receiving these in most cases is optional. However, we reserve the right to send you newsletters or editions of newsletter if we believe the information contained is critical to your use of the website.  You can opt out of optional newsletters at any time by changing your personal preferences via the website.

3.5. Termination of membership: We reserve the right to suspend or terminate your membership and use of the website if we believe that you have violated or acted inconsistently with the letter or spirit of these terms and conditions, violated our rights or the rights of any third party, or for any reason we see fit with or without notice to you.

3.6. You are liable for your actions: Responsibility for your use of the website rests solely with you and anyone you assign access to your property.

3.7. Admin Contact responsibilities: If you are the Admin Contact for a property, either because you registered the property or you accepted this role when invited to join a property, you accept the responsibilities associated with this contact role, namely: You agree to act as the primary contact and administrator of the property.

3.8. Rental Contact responsibilities: If you are the Rental Contact for a property, either because you registered the property or you accepted this role when invited to join a property, you accept the responsibilities that go with this role, namely: You agree to act as the contact for all rental-related communications fro other members and from us.

3.9. Billing Contact responsibilities: If you are the Billing Contact for a property, either because you registered the property or you accepted this role when invited to join a property, you accept the responsibilities that go with this role, namely: You agree to accept any charges for products and services related to this property whether these charges were incurred by you or another member added to this property.  You agree to pay any account debit as per our payment terms (see below).

4. SUPPLY OF CONTENT

4.1. Rights and obligations: You are responsible for the content you provide to us and are responsible for the consequences of posting such content.  By providing content to us you warrant that you are the legitimate owner of this content and grant us non-exclusive, royalty-free use of this content on the website and in any other marketing activities associated with promoting the website.  You must not post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it.

4.2. Banned content: You must not copy material from other listings on the website. You must not post material that violate any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.  You must not post content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity.  You must not post sexually explicit images.

4.3. Images must be unmodified:  Any images you supply (upload) must be “unmodified” - not digitally enhanced or changed in any way.  This includes the addition of borders, arrows, outlines, logos, text or other enhancements but excludes cropping or re-sizing. 

4.4. Our right to edit your content: We reserve the right to correct, edit or remove any content you supply if it contravenes these terms, or for any reason we deem necessary without notifying you of any changes.

4.5. Listing a property:  You must own the property, be a family member representing the property owner, or be an appointed Property Manager to list a property for rental on the site. 

4.6. One-property per listing:  It is NOT permitted to list multiple dwellings under a single listing.

4.7. No contact details in listing: You MUST NOT list any personal information in your listing text.  This includes your email address, phone numbers, website URL, or any other contact details. Your contact details will be provided to anyone making a booking request via the website.  You ARE permitted to provide a URL to your website using our specific URL field.

4.8. Links to your website:  We provide the facility to add a URL to your own website.  This facility is provided to allow users of our site to view more information than can be displayed on your listings.  However, it is not our intention to drive bookings away from our website to your website.  For this reason you are NOT permitted to incentivize or encourage traffic to book via your website in any way.

4.8. Tariffs and pricing:  You agree to keep your pricing current (up to date) and
honour any pricing you have represented for a particular property.  Tariffs are displayed in NZD and are GST inclusive. 

4.9. True and accurate representation: You are solely responsible for any representation made in connection with your property listing and warrant that the information you provide is a true and accurate representation of the property on offer. 

4.11. Claims of endorsement or affiliation: You agree to not misrepresent your affiliation with any person or organization, or claim any endorsement you are not entitled to.

5. MANAGING BOOKINGS

4.1. Transferring bookings:  If a property is booked over a period requested it is acceptable to suggest an alternate property but only if this property is also actively listed on our website.  It is NOT permitted to move this booking to a property not actively listed on our website.

5.2. Use of calendar: We rely on the availability information you provide to us in the form of bookings on your calendar to achieve a “meaningful” availability-based search.  Without this information we cannot provide a useful date-based search feature to members using the site to find a property.  Specifically, this means you need to: a) Add your own bookings (family and friends); b)Add any rental bookings received from other sources; and c) Keep the status of these bookings up to date.  Under certain product plans you are obligated to do this under the terms of use of the plan.  Failure to keep your calendar up to date may result in your calendar being disabled and/or your listings being taken offline.  Refer to the specific product plan terms of use for more details.  We reserve the right to modify booking information including dates and booking status where we can show a booking went ahead with or without providing you with notice.

5.3. Responding to enquiries: You agree to respond to enquiries in a timely and professional manner.  If you choose to publish a nominal response time indication you agree to make your best efforts to meet this.

5.4. Best faith in accepting and confirming bookings: You agree to act in best faith in all your dealings with members introduced to you via the website.  In particular we prohibit “gazumping” whereby a booking is accepted, verbally or in writing, by an owner or property manager, but then cancelled in favour of a booking for a longer period or higher return.  We do recommend that in order to avoid any doubt, owners/managers put a specific time frame on the time taken to provide a deposit to secure (confirm) a booking.

5.5. Written rental agreement: We encourage you to have a written rental agreement and provide a tool on the website that helps you create one.

6. FEEDBACK AND GUEST BOOKS

6.1. About feedback: We operate a feedback system whereby guests provide feedback on their transaction with the rental contact and the rental contact provides feedback on the rental guest.  Feedback is provided for the sole purpose of establishing trust on the website.  By using the site you agree to allow us to anonymously publish feedback on you and transactions with you on our websites.
6.2. Who gives feedback: We allow feedback to be provided by any Member who has made an enquiry (booking request or question) on a property.  In most cases this feedback is provided after a confirmed stay has completed.  In some extreme cases, where we feel it important to our members to show this feedback, we will allow feedback to be posted even if a booking did not proceed.

6.3. Who receives feedback: The feedback a Rental Member provides comprises: a) Feedback on the transaction with the Member who was the Rental Contact at the time the enquiry (booking request or question) was made; and b) a guest book entry on the property (optional). 

6.4. Feedback content: The feedback you provide on rental guests must not contain offensive, defamatory or inappropriate language.  Feedback MUST NOT be used to promote your business or your property and must not contain any personal information (names, addresses, phone numbers and email addresses).  Save as permitted below, you must not copy or export your feedback to any other website or printed material.

6.5. Publish with attribution:  You are permitted to copy (verbatim) any feedback you receive via Bookabach and show this in your own marketing material including but not limited to print, website and email, provided you provide attribution. The attribution MUST include the words “Bookabach member feedback” and MUST include a link back to your feedback page (your public profile page) if published on a web page.

6.6. Editing and withdrawing feedback: We reserve the right to edit feedback in situations where comments are defamatory, offensive or contain language of an inappropriate nature.  However, in the interests of providing impartiality to both renters and owners, unless feedback is determined to fall into the category described above, then we will not intervene in this process. We reserve the sole right to determine what is considered offensive, defamatory or inappropriate language.  We will edit feedback that has been withdrawn or rescinded by the original author.  A request for feedback to be modified or withdrawn must come via email, and from the email address the member uses for their Membership.

6.7. Feedback admin comments: Where we feel it is appropriate we have the right to add an admin comment in feedback.

7. ACCOUNTS & CHARGES

7.1. Your Bookabach account: We maintain a debit/credit account for each member.  When you choose to purchase a product or subscribe to a service a debit or a series of debits are made to your account either at the time of purchase or on an on-going basis (depending on the product/service).  You must then credit your account to pay for the product/service.  Accounts cannot be used for any other purpose, other than to purchases products and services from us.

7.2. Our charges: We charge fees for use of products on the website. Our fees are clearly published on the owner/manager website.  Accepting the product specific terms of use for any product means you accept the fees associated with the product you have chosen.  We reserve the right to add new products and change the charges associated with existing products.  We will notify you of any changes in advance and/or when they come into effect. 

7.3. Charges and GST: All charges are shown in NZD and exclusive of GST.  No GST credit is available for members operating their account outside of NZ.

7.4. Settling your account: You must settle any negative account balance within 30-days, although we will send you account reminders as soon as your account goes into negative balance. 

7.5. Admin charge for refunds and charge reversals:  A $10 NZD administration charge applies to all manually processed account refunds and charge reversals.

7.6. Overdue accounts: We reserve the right to take action against you to settle any outstanding long-term debt.  This includes suspending your listings (taking them offline) and referring your debt to a 3rd party agency for collection.  No credit will be issued for listings that are suspended due to long-term debt.  You authorize us to pass on your personal contact information to any agency we employ for the purpose of debt collection. You are liable for all expenses, including but not limited to our legal fees, that we incur in recovering this debt.

7.7. Refund on membership termination: If you choose to terminate your membership we will refund the balance of any credit held in your account (less our $10 NZD admin charge).  No refund will be issued for account balances less than $10 NZD.  If we choose to terminate your membership due to breach of these terms and conditions it is at our discretion whether you are eligible for a refund.

7.8. Inactive accounts: If you have not logged into our website for a period of 12 months your membership will be deemed lapsed. Your membership will be suspended and any credit remaining in your account forfeited.

8. AA REWARDS

8.1. Owner/Manager eligible transactions:  We will provide 1 point per NZ$20 spent on any Subscription Plan listed property and 1 point per NZ$10 spent on any Performance Plan listed property.

8.2. Eligibility: To receive AA Rewards Points you must me an AA Member and have your AA Membership number in your personal profile at the time the eligible transaction takes place.  We can not award points retro-spectively.

8.3. Use of AA Rewards Discount Vouchers: We accept AA Rewards Discount Vouchers as payment or part payment on products and services.  Vouchers can only be used to apply credit to your account. Vouchers cannot be redeemed for cash.  When sending Discount Vouchers to us you must clearly indicate your name and membership number on the back of each voucher. We will not be held liable for vouchers that cannot be attributed to a specific member.

Full AA Rewards Program terms and conditions see www.aarewards.co.nz

9. OTHER GENERAL TERMS

9.1. No liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Bookabach to you or any other person under or in connection with these terms and conditions, or in connection with the services, this website, another Member’s acts or omissions, or your use of or inability to use, the services or this website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Bookabach’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

9.2. Indemnity: You agree to release, indemnify and keep indemnified Bookabach from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions.

9.3. Intellectual Property Rights: Bookabach (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons, video and sound recordings) and the software and other material underlying and forming part of the services and the website. You may not without our prior written permission, by any form or by any means: Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works for any part of this website; or Commercialise, copy, or on-sell any information, or items obtained from any part of this website.

9.4. Force Majeure: Bookabach has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure of Bookabach to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Bookabach.

9.5. No Waiver: If we choose not to exercise or enforce any right available to us under these terms and conditions it does not constitute a waiver of those rights.

9.6. Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

9.7. Governing Law: These terms and conditions are governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.

By choosing to use the Family and Friends Plan on Bookabach you agree to abide by the specific terms governing the use of this plan, namely:

1. USE OF CALENDAR

1.1.  Not for rental: You agree to use the website solely for managing occupancy across family and friends. Use of the site for managing rental occupancy requires selection of a rental plan.

By purchasing a Showcase subscription you agree to the following terms of use:

1) The Showcase product is intended to increase the exposure your property receives on Bookabach.  No guarantee is given that this will result in increased bookings - and no performance guarantees are warranted or implied.

2) To qualify for a Showcase subscription you must have an active (published) Subscription Plan or Performance Plan listing, at least three (3) images in your photo gallery.  All images in your gallery must be at XL resolution or better. 

3) The Showcase is an add on to an existing listing plan. It is only displayed when your main property listing is active (published).  If you accidentally or intentionally disable display of your listing, or if your property listing subscription runs out, your associated Super Gallery is also removed from the website.  No refunds are provided in this case.

4) A Showcase subscription is non-refundable. A subscription can be transferred from one property to another.  Our standard admin fee applies for this manual process.

By choosing to use the Subscription Plan on Bookabach you agree to abide by the specific terms governing the use of this plan, namely:

1. USE OF CALENDAR

1.1. Keeping calendar up to date:  You SHOULD keep your calendar up to date so that it reflects the true state of all bookings.  If we feel a calendar is not being kept up to date we reserve the right to discontinue display of availability information on your listing and exclude your property from availability-based searches. 

1.2. Our right to modify: We reserve the right to modify bookings that we know proceeded.  This includes, but is not limited to, converting questions to bookings, modifying booking dates and confirming bookings that proceeded.

2. CHARGES

2.1. Non-refundable 12-month subscription: The subscription charge is an up-front non-refundable charge that provides you with a listing on the site for a period of 12-months from purchase.  No refunds or part refunds will be provided except as outlined in these terms.

2.2. Money-back guarantee: Notwithstanding, we provide a 7-day money back guarantee.  If you decide that the product is not suited to your needs you have 7-days from registering your FIRST property under subscription plan to apply for a refund in full.

2.3. No credit for time offine:  You can take your listing offline at any time.  However, please note that no subscription credit is applied for time where your listing is offline.

3. CHANGING PLANS

3.1. Changing to another plan:  You can change from Subscription Plan to some other plan at any time.  If you decide to change to Performance Plan the remaining value of your subscription (calculated per day) will be applied as a credit on your account that can be used for payment of future Performance Plan success fees. 

4. MOVING BOOKINGS

4.1. No limitation on moving bookings: If you operate more than one property/listing you are able to freely move bookings from one property to another provided the property you are moving the booking to has an active listing on the website.

4.2. Success fee obligation remains:  If a booking is moved from a Performance Plan property to a Subscription Plan property you are still obligated to pay the success fee nominated on the booking at the success fee nominated for the property the booking, or question converted to a booking, was received on (since this property had the marketing benefit of being on Performance Plan).  Conversely, if you move a booking from a Subscription Plan property to a Performance Plan property there will be no success fee associated with this booking.

By choosing to use the Performance Plan product you agree to abide by the specific terms governing the use of this plan, namely:

DEFINITIONS

‘Success Fee’ - refers to the nightly commission you have nominated to pay on any bookings that result in stays. A minimum or ‘Base level’ success fee applies by default.  You can elevate this success fee to bid for position on the search results pages of the Bookabach website.

‘Conversion’ - is defined as the number of nights stayed over the cumulative nights provided.  It is expressed as a percentage.  For example if 100 nights were provided, and 50 nights converted to stays, then your Conversion of Bookabach bookings would be 50%.

‘Minimum Conversion Threshold’ - is defined as 10% of booking nights provided by Bookabach over the past 6-months period.

1. ELIGIBILITY

1.1. On-going failure to meet the Minimum Conversion Threshold may result in you being ineligible to use the Performance Plan product. 

2. USE OF CALENDAR

2.1. You MUST keep calendar up to date:  We rely on bookings being confirmed in order to bill success fees under this plan. You agree to keep your calendar up to date so that it reflects the true state of all bookings.  We reserve the right to cross check with our members or otherwise investigate where we feel a calendar is not being kept up to date to avoid payment of success fees. 

2.2. Our right to modify: We rely on bookings being confirmed in order to bill success fees under this plan.  We reserve the right to modify bookings that we know proceeded.  This includes, but is not limited to, converting questions to bookings, modifying booking dates and confirming bookings that proceeded.

3. PLAN CHARGES

3.1. Activation deposit: An activation deposit is required in order to activate your first listing.  This amount is not a charge - it is a deposit against future charges on Bookabach.

3.2. Payment of success fees: You agree to pay a per night success fee on all confirmed rental bookings obtained via our website or partner websites (affiliates or other) that result in a stay at your property.  This excludes any rental bookings you manually add to your calendar - external or manually added rental bookings obtained from another source other than Bookabach.

3.3. Success fee calculation:  The amount charged will be based on the success fee nominated at the time the booking, or question converted to booking, was lodged.  The total amount billed is calculated from the per night success fee multiplied by the number of nights the guest stayed, capped to a maximum number of nights for a long-term bookings (see below), and less any applicable discounts or rebates, e.g. multi-listing discount. 

3.4. Multi-night stay discounts: If you choose to provide a multi-night stay discount as an incentive for booking please be aware that we still charge a success-fee for the night you effectively provide at no cost.

3.5. When charged:  Success fees will be charged to your Bookabach account the day after the final night’s stay with the exception of long-term bookings (see below)

3.6. Long-term bookings:  Bookabach charges a maximum of 14-nights success fee on any one booking. On these longer-term rentals the success fee is billed after the 14th night stay.

3.7. Nominating a new success fee:  You can nominate a new success fee at any time.  The new success fee applies to any bookings, or questions converted to bookings, lodged from that point onwards. Any bookings, or questions converted to bookings, lodged prior to your success fee change will be billed at the success fee(s) nominated at the time these bookings where lodged.

3.8. Automatic reductions of success fee:  We reserve the right to reduce your success fee to the base level if you do not meet the Minimum Conversion Threshold and we have provided at least 20 nights of booking enquiries in the past full 6-month period.

4. CANCELLATIONS AND REFUNDS

4.1. Last minute cancellations:  If a guest cancels at the last minute, or if a guest arrives later or departs earlier you have up to the currently scheduled departure date to modify the booking before success fees are calculated and billed.  Failure to make this change will require you to make a request to our support desk to manually adjust the billed amount (see success fee change and/or reversal) and will incur an administration fee (see below).

4.2. Success-fee changes and reversals: We will refund success fees if a stay did not go ahead or was not completed provided the member adheres to our refund process.  This request must be made via email to our support desk. We will only offer refunds in the form of a credit to the member’s account. Cash refunds will not be issued. A $10 administrative fee applies to any refunds issued.

5. CHANGING PLANS

5.1. Changing to another plan:  You can change from Performance Plan to some other plan at any time.  If you decide to change plan any credit in your account acts as a credit towards any other plan charges. 

5.2. Success Fees on bookings already received: When you change plan you are still obligated to pay the success fees associated with any bookings, or questions converted to bookings, lodged while you where on Performance Plan and up to the time you changed plan (since you had the benefit of this plan at the time the bookings/questions where lodged).

6. MOVING BOOKINGS

6.1. No limitation on moving bookings: If you operate more than one property/listing you are able to freely move bookings from one property to another providing that that property is also listed.

6.2. Success fee obligation remains:  If a booking is moved from a Performance Plan property to a Subscription Plan property you are still obligated to pay the success fee nominated on the booking at the success fee nominated for the property the booking, or question converted to a booking, was received on (since this property had the marketing benefit of being on Performance Plan).  Conversely, if you move a booking from a Subscription Plan property to a Performance Plan property there will be no success fee associated with this booking.

By using the Payment Gateway facility you agree to abide by the following terms of use:

1. Definitions: The following definitions are used in these Terms of Use:

“Facility” - Refers to the Payment Gateway facility

“PCI DSS” - Refers to Payment Card Industry Data Security Standard

“Bookabach” and “We” - Refers to AA Bookabach Ltd, the website www.bookabach.co.nz or sub-domains on that website.

“Rental Terms” - Refers to your Rental Terms defined on Bookabach including your Payment Terms, Cancellation Terms and Cancellation Charges.

“Charge backs” - Where a credit card company, having already provided payment, requests that this payment be reversed.

“Charges Account” - Your Bookabach charges account ledger (viewable at My Account > Account Statement).

“Trust Account” - Your share of the Bookabach Commercial Trust Account (viewable at Payments > Trust Account).

“Drawdown” - Movement of funds from the Bookabach Trust Account to an account of your designation.

“Refund” - Movement of funds from the Bookabach Trust Account back to the person who’s booked.

2. Intent and purpose:  The Facility allows trusted owner-managers and professional property managers to take payment for rental via a fully PCI DSS compliant credit card facility on Bookabach.  Payments include deposit, stage payments (if used) and balance payments.  Funds are held by Bookabach until the stay has completed at which point they are available and can be drawn down to any designated New Zealand bank account.

3. Access to the Facility: Specific membership criteria applies in order to qualify for access to the Facility.  This may include but is not limited to: a) your transactional feedback; b) your tenure as a member (age of membership), and; c) the completeness of the content you provide; d) your Rental Terms.  We reserve the right to withdraw your use of the Facility based on any changes we make to this qualification criteria, or for whatever reason we deem necessary.

4. Authority to take payment: You authorize us to take payment on your behalf, via credit card, for rental charges. You agree to allow us to hold these rental payments on your behalf until a stay has completed.  All payments we receive will be clearly shown in your Trust Account ledger.

5. Payment of transaction charges: By using the facility you agree to pay the associated transaction charges.  Any charges will be itemized in your Charges Account.  We reserve the right to alter our transaction charges, but will notify you in advance if we choose to increase them so you can opt-out of using the Facility if you so wish.

6.  Holding and disbursing of funds:  Funds are available for Drawdown 48 hours after the completion of stay (departure date). Provided we have drawdown instructions, i.e. your bank account information, we will make best efforts to process drawdowns by internet banking within 1-2 working days.  Funds can only be paid out to a New Zealand bank account that accepts electronic transfers.  We can not disburse funds to credit cards, by cheque or to offshore accounts.

7. Rental Terms: To use the payment Facility you must have your Rental Terms defined on Bookabach and they must be deemed to be “workable and reasonable”.  We retain the right to define what are workable and reasonable Rental Terms based on common holiday home accommodation industry rental commercial practice.  We may remove your use of the Facility either on specific bookings, or completely if we feel your Rental Terms are not workable or reasonable.

8. Processing Cancellations: In the event that a guest notifies you of their desire to cancel a booking, you agree to cancel the booking on Bookabach, taking care to accurately indicate the date you were first notified of the cancellation (important - as it can affect the amount to be refunded).  We will process the cancellation as follows:  i) We will apply the cancellation charges described in your Cancellation Policy (Rental Terms); ii)  We will arrange any remaining refund to be passed back to the renter (refunded on the credit card they used for payment), then; iii) any remaining funds held available to you for drawdown.  Our standard transaction charge applies on any funds drawdown.

9. Full refund on failure to supply accommodation:  If the accommodation is NOT made available to your guest for any reason beyond their control, you accept that we may provided them with a 100% refund.  Notwithstanding, we make no warranty that accommodation is fit for purpose, safe, sanitary, or suited to a particular guest’s needs - and we will not withhold funds from drawdown due to a guest’s complaint unless required to do so by law.

10. Not a debt collection service:  The Facility is a payment facility, not a debt collection service.  We will not attempt to recover outstanding money owed on bookings on your behalf.

11. Charge backs:  We will do our utmost to limit the possibility of credit card charge backs by following eCommerce best practice.  In the unlikely event of a charge back, we will notify you immediately.  Any costs associated with a Charge back will be passed on to you either in the form of a voiding items in your Trust Account, or charge backs made to your Charges Account. 

12. Bookabach and Payment Express availability:  Bookabach is professionally hosted in 3rd party data center. The Payment Gateway payment facility (credit card page) relies on technology provided by Payment Express, and hosted by them.  Both parties make best efforts to assure their availability 24/7. However, both organisations need to perform periodic software updates and platform maintenance. Wherever possible these are schedule so as to occur outside of peak demand periods. You accept that the website is provided on an “as is” and “as available” basis and use of the service is at your own risk. 

13. Accuracy of Quotations and Charges: We provide an automated Quotation and Payment Tracking system.  We provide no warranties on the accuracy of the quotations produced by our system.  It is your responsibility to review any quotations before accepting bookings and taking payments.

14. Abandoned Accounts:  We will hold funds in our Commercial Trust for a period of 12-months from when a drawdown becomes available.  If after this we are unable to contact you, and your account is showing no activity, we may deem your account to be abandoned.  In this case we may choose to suspended your account. Any credit remaining in your account ledgers (Charges or Trust) will become forfeited.

By using the Hosted Payments product on Bookabach you agree to abide by the following terms of use:

1. Definitions: The following definitions are used in these Terms of Use:

“Facility” - Refers to the Hosted Payments facility

“Bookabach” and “We” - Refers to AA Bookabach Ltd, the website www.bookabach.co.nz or subdomains on that website.

“Rental Terms” - Refers to your commercial Rental Terms.

“Chargebacks” - Where a Credit Card company, having already provided payment, requests that this payment be reversed.

“Charges Account” - Your Bookabach charges account ledger (viewable at My Account > Account Statement).

“Trust Account” - Your commercial trust account.

“Drawdown” - Movement of funds from your commercial trust account to your operating account.

“Refund” - Movement of funds from your commercial trust account back to the person who’s booked.

“Booking ledger” - The Charges and Payments associated with an individual booking (viewable on the booking, Charges/Payments tab).

2. Intent and purpose:  The Facility allows professional property managers who operate a commercial trust account responsibly to take secure credit card payments for rental via a customer-branded payment solution hosted on the Bookabach platform.  Payments include deposit, stage payments (if used) and balance payments. 

3. Qualification and access to the Facility: Bookabach provides access to this facility on the basis that you have qualified for its use as a professional property manager.  This includes: a) Having reasonable and workable Rental Terms; and b) providing evidence of responsible use of a Commercial Trust Account for holding rental payments.  We reserve the right to withdraw your use of the Facility if we feel you are failing to meet your qualification obligations, or for whatever reason we deem necessary.  Should we choose to withdraw use of the facility we will provide you with no less that 48 hours notice.

4. Rental Terms:  You agree to fully disclose your Rental Terms by publishing them on Bookabach (using our Rental Terms facility).  We may remove your use of the Facility either on specific bookings, or completely if we feel your Rental Terms are not workable or reasonable.

5. Fees, commission and service charges:  By using the facility you understand that you are liable for your own bank merchant facility charges (commissions) and DPS/Payment Express facility charges.  You agree to pay our service charges associated with use of the Facility.  Any Bookabach charges will be itemized in your Charges Account.  We reserve the right to alter our charges for the facility - but will notify you in advance if we choose to increase them so you can opt-out of using the Facility if you so wish.

6. Not a debt collection service:  The Facility is a payment facility, not a debt collection service.  We will not attempt to recover outstanding money owed on bookings on your behalf.

7. Chargebacks:  We will do our utmost to limit the possibility of Credit Card Chargebacks by following best-practice electronic commerce practices.  Any costs associated with a Chargeback will be passed on to you either directly by your bank or via Bookabach in the form of a charge on your Charges Account. 

8. Facility availability:  The facility is professionally hosted on our servers in a 3rd party data center. We make best-efforts to assure their availability 24/7. However, we do need to perform periodic software updates and platform maintenance. Wherever possible we schedule required maintenance and upgrade work outside of core hours and peak demand periods. Therefor, you accept that the website is provided on an “as is” and “as available” basis and use of the service is at your own risk. 

9. No guarantee of accuracy: We provide an automated Quotation and Payment Tracking system.  We provide no warranties on the accuracy of the quotations produced by our system.  It is your responsibility to review any quotations before accepting bookings and taking payments.

The Bookabach Property Manager Directory (“The Directory”) is used to put property owners in touch with a local property manager that uses Bookabach.  The following terms and conditions dictate the Terms and Conditions for inclusion in the The Directory:

1. Eligibility:  To be included in the Property Manager you should be managing five or more properties and have the intention of growing your property management portfolio.  Also:
- You must be local to the properties you manage (not a listing service or booking agent) 
- You must provide a minimum level of on-the-ground Property Management services. These services can be provided directly or by using sub-contractors provided that all guest and owner contact and invoicing is performed via the your businesses.
- You should have 80% or more of your portfolio actively listed on Bookabach, or the clear intention to do so.
- You should have five or positive transactions (feedback) whilst acting as a Property Manager on Bookabach over the past 12-months.
- You agree to make best efforts in keeping up-to-date availability information on Bookabach.
- You must conform to the owner/manager website terms of use, and any specific terms of use applicable on the Bookabach products you are using.

Not withstanding, we reserve the right to include or exclude Property Managers from The Directory as we see fit.

2. Charges: There is no cost for inclusion in The Directory provided you meet the eligibility guidelines and have been accepted by us for inclusion.

3. No endorsement implied:  We will promote The Directory to property owners searching for a Property Manager.  Inclusion in The Directory is not a specific endorsement of your business. Inclusion does not imply any rights to use of the Bookabach name or brand in any promotional materials. You agree not to misrepresent your Directory listing as an endorsement by Bookabach.  Note that YOU CAN promote your Bookabach member feedback as an endorsement.

4. Right of refusal and removal: We reserve the right to refuse to list a business, or remove a business from The Directory for whatever reason.

5. No re-assignment: Listings are non-transferable, company to company or individual to individual.

We reserves the right to change The Directory product over time and will provide advanced notice of any major changes.

These terms and conditions govern the use of the Bookabach Application Programmers Interface (“API”) and access and use of the information (“Content”) provided via the API. By applying for an API key and by subsequently accessing the API you agree to abide by these Terms.

“Content” refers to text, images, video, data or any other information residing on our website or in our databases.

1. INTENT AND PURPOSE
The Bookabach API is designed to allow Channel Partner websites (Channels) and Property Manager websites to access Bookabach content via there web-servers. 

2. GENERAL TERMS

2.1. License for use: Bookabach provides you with a non-exclusive, non-transferable license to access Content using our API, for the specific domains you have requested, in accordance with these terms and conditions.

2.2. Right to extend and modify: Bookabach reserves the right to extend and modify the API as it sees fit. Bookabach will do its best to maintain backwards compatibility of the API.  We will notify you in advance of any changes that may effect operation of the API.

2.3. Dynamic content: Content should be treated as dynamic. It may be imported into a database for the purpose of cacheing. However, if cached, you must update your local version of the data no less frequently than once every 24-hour period.

2.4 Fair usage: At this stage there is no limit to the number of API calls you can make. However, fair usage (and common sense!) rules apply.  If we feel your implementation is unfairly loading our servers we reserve the right to withdraw your access to the API.

3. USE ON CHANNEL WEBSITE

3.1. Listings are ordered: Listings MUST be displayed in the order received via the API (i.e. our ranked order).

3.2. No scraping: Content should only be accessed via Bookabach URLs, the API or Bookabach Widgets. Bookabach does not permit site scraping!

3.1. Attribution required: Bookabach owns or has license to use the Content in conjunction with appropriate attribution. You agree to attribute Bookabach for any of our Content appearing anywhere on your website by:
a) Displaying a Bookabach Widget on the same page where the content appears (e.g. Price-Availability Widget) which will contact an appropriate credit, and/or;
b) Displaying the approved Bookabach logo with link through to the Bookabach home page or a specific listing page, and/or;
c) Displaying a text link with the word Bookabach with a link through to the Bookabach home page or a specific listing page. 

4. OTHER TERMS

4.1. Non-solicitation: You agree not to attempt to contact members of Bookabach for any other purpose other than personally renting a holiday home.

4.2. Our right to withdraw access: Bookabach has the right to withdraw access to the API without notice where we feel there has been a breech of the terms or spirit of this agreement.