Terms and Conditions

Terms and Conditions

These terms and conditions regulate both the Booking you ordered through Our Website and the occupation of your Room or other facility when you come to our House. When you use Our Website or book a Room, you confirm your agreement to these terms. We are Heaven’s Rest B&B and our address is 180 Mill Road, 2675 Bombay, Auckland, New Zealand.

Definitions

“Booking”means the booking of accommodation offered by us on Our Website.
“Us”, “Our” or “We”refers to Heaven’s Rest B&B.
“Our Website”means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all the web pages controlled by us.
“Room”means any room (Kakapo Wing, Tui Wing, Kiwi Cabin, Kea Cabin) offered for Booking.
“House”means shared and common space of our bed and breakfast at the address given above.
“Services”means the provision by us of any accommodation and/or supply of food and drink and other services..

Interpretation

Any headings to paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation. Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing. Finally, this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Basis of Contract

  • In entering into this contract you have not relied on any representation or information from any source except the Booking details, the descriptions of the Rooms and explanation of the Services given on Our Website.
  • You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Room and Services are suitable and satisfactory for your requirements.
  • The contract between us comes into existence only when we write to you to confirm that the Room you want is available. Your payment does not create a contract. If we decline to Book a Room we shall immediately return your money to your credit card.
  • We may change this agreement and / or the way we provide a Room, at any time. If you make any payment for Rooms or Services in the future, you will do so under the terms posted on Our Website at that time.
  • One or more notices in a Room you have booked or around the House may contain information or our requirements as to procedures and behaviour. By accepting this agreement, you are deemed to have accepted these notices as being incorporated in this contract.
  • If you book a Room in the name of a business or company, you confirm that you have full authority to do so and you accept personal liability for any breach of this contract by any person who comes onto our House.

Your booking

You may place a Booking either by completing the reservation form powered by our partner smartgms.com, by phone, email or through our contact form. You cannot resell your Booking (in whole or in part). If you resell (or attempt to resell) then Heaven’s Rest B&B will terminate your booking and retain any money paid to us for such Booking. Transfers of a booking can only occur with prior written consent of Heaven’s Rest B&B. If you transfer (or attempt to transfer) without consent then Heaven’s Rest B&B will terminate your booking and retain any money paid to us for such Booking.

By making a Booking you agree to not use the room or any facilities of our House to conduct any commercial activity or activity that seeks to gain profit without prior written consent from Heaven’s Rest B&B. We reserve the right to terminate your Booking and retain any money paid to us for such Booking if we reasonably believe that you are in full or part breach of this agreement [or condition mentioned in the last-previous sub paragraph].

You may make a Booking on someone else’s behalf. You are responsible for ensuring that any customer in your booking complies with these terms as if that customer had made the Booking. 

You can only make a Booking if you are 18 years old or over. If you arrive at the House and are under 18 years of age you will not be permitted to stay alone. We may require a passport or valid driver’s licence.

You must ensure that the name on a Booking is correct at the time of Booking. Except the conditioned mentioned in these terms, this cannot be changed after making the Booking.

Security of your credit card

We take care to make Our Website safe for you to use. Card payments are not processed on a page controlled by us. All transactions are processed through the secure payment service provider ANZ eGate. Your credit card details are not held by Heaven’s Rest B&B and cannot be accessed.

Payment and Price

  • All rates are per room per night. A continental breakfast or breakfast provisions are included in the Room price. Rates do not include other costs you may choose to incur during your stay (unless otherwise stated). Rates quoted are correct only for the specific number of guests, nights and dates shown. Should You change the number of guests, dates or nights, then the rates maybe subject to change.
  • Payment is due on arrival, except for online Bookings made outside our FREE cancellation period (7 days prior arrival), which require full payment at the time of the booking.
  • We accept payment by cash, credit/debit card (VISA or MasterCard) and PayPal. We do not accept any cheques.
  • Bank transfer is available upon request for guests with a New Zealand bank account and has to be arranged prior arrival.
  • Heaven’s Rest B&B collects the payments via its contracted partner TrueNZ Guides. Therefore, our name will appear as TrueNZ on your card statement.

Cancellation, Modification and No-Show

A Room is reserved up to 9.00 PM on the arrival date unless you have made other arrangements with us in writing. Failing to inform us of a late arrival can result in the Room being released. Cancellation and modification are FREE of any charge if made 7 days before the arrival date. Bookings cancelled or modified within 7 days before arrival day or in case of a no-show (guest not showing at arrival date) will be charged the full reservation price. The confirmation of cancellation/modification that we send to you is your proof of cancellation/modification and should be retained by you.

Arrival and departure

Our Rooms are available from 3.00 PM on the arrival date. Please let us know if you are likely to arrive after 9.00 PM, so we can arrange a self check in with you. Your Room must be vacated by 11.00 AM on the day of departure. If you do not fully vacate by this time, we may charge you for an additional night. 
Early check-ins and late check-outs are subject to availability and only upon request. Please contact us prior your arrival.

Children

Children of all age are welcome at Heaven’s Rest B&B, but must be under supervision at all times by parents or adult carers with particular emphasis on safety of themselves and others and respect for other guests privacy and belongings.

Noise

Guests are expected to be considerate of others by keeping noise to a minimum generally and especially at night.  Televisions and music must be at acceptably lower levels after 10pm.  Guests entering and leaving the property late night and early morning and using the common areas should do so quietly.

Restrictions

The name on the booking is responsible for any guests at the Room and their actions. It is requested that common courtesy is paid to the property, owners, other guests and neighbours. For yourself and every person who comes to Heaven’s Rest B&B, you agree that you will not:

  • bring any pet animal into any of our Rooms or our property, except guide dogs for the blind.
  • smoke in any of our Rooms or anywhere inside our house. If you do, we may terminate your stay immediately and you will not be entitled to compensation. Guest that wish to smoke can do so outside only and will be provided with ash trays. Guests must ensure that cigarettes/cigars are extinguished properly.
  • use our Rooms or property for parties or any other events without our permission.
  • bring any other people than stated in the Booking to our Rooms or our property. All visitor to Heaven’s Rest B&B must be pre-approved by us.  
  • use in the Room any electrical appliance without obtaining our specific consent in advance.
  • transfer the Room reservation to any other person. If some person who is not obviously a member of your family or group tries to take up your reservation, we shall not allow him to do so.
  • cause damage to any part of the Room, House or property. If you do, you agree to pay us immediately the sum we estimate as the cost of making good that damage.

Safety and Security

Guests must follow instructions with regards to safety of selves and others at all times.  Guests are expected to make themselves aware of fire evacuation procedures, and not undertake any activity that may cause risk of fire or injury to self others or property.  Guests must ensure when leaving the property that they close bedroom windows, ensure that main entrance door is closed properly behind them, take precautions to secure their property and ensure fires escape routes stay unobstructed at all times. Guests must also ensure all lights, heaters, fans, electric blankets, air-conditioning and the bathroom fans are turned off before leaving.

Please note we do not take any responsibility for the security of your vehicle(s) or valuables.  
Please also ensure that any keys issued to you stay in your possession until the time of your departure when they must be handed back to us.

Availability and Relocation

In the rare case that due to unforeseen circumstances we cannot deliver Your requested accommodation, you will be offered alternate accommodation if possible or a full refund of any money paid by you.  Specific room types and bedding types for double/twin rooms cannot be guaranteed and are subject to availability at the time of check in. It is always guaranteed that the room provided by us will accommodate the number of guests booked.

Liability

Other than for death or personal injury caused only by Our negligence or misrepresentation, our total liability to You is limited to the price of the Booking and to the fullest extent permitted by law all warranties are excluded and in no circumstances will We be responsible for any indirect or special damages. We will not be liable for failure to perform to the extent that the failure is caused by any factor beyond Our reasonable control. 

You are responsible for any damage or loss caused to Us or Our property by Your act, omission, default or neglect and You agree to indemnify Us and to pay Us on demand the amount reasonably required to make good or remedy any such damage or loss.

Your indemnity

You now agree to indemnify us against all loss, including economic loss, caused to Heaven’s Rest B&B, its staff, contractors, clients and guests, arising from:

  • your breach of this agreement;
  • damage to any Room, our House, fixture, fitting or furniture by you or any person for whom you have made a booking, or who is in your party;
  • any adverse affect you may have on any third party customer or client of ours, or any actual or potential booking by any such person.

Miscellaneous matters

    • Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
    • No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    • Any communication to be served on either party by the other shall be sent by  recorded delivery or by e-mail. It shall be deemed to have been delivered: If sent by recorded delivery to the correct address: within 72 hours of posting. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
    • In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
    • This agreement does not give any right to any third party.
    • We are not liable for any failure or delay in any circumstance beyond our reasonable control, [including industrial action, postal communication, plant failures, supply of gas, electricity and water or fire alarm evacuation].
    • The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.

Changes

We may update these terms and conditions from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Last change 26.04.2020