Our Terms and Conditions This Booking Contract and our confirmation email contain the entire agreement between us and you and forms the basis of your agreement with us so please read them carefully.
These terms and conditions (the “Booking Contract”) are between and shall bind J R Enterprises Limited as owner of Kia Orana Villas (“we”, “us” and “our”) and the holidaymaker(s) who book Kia Orana Villas (the “Property”) either directly, through a travel agent, or on a website, including but not limited to Agoda.com, Airbnb, Booking.com, Expedia.com, Little Hotelier, or one of the TripAdvisor Vacation Rentals websites.
Each such booking is referred to in the Booking Contract as a “Booking”. References to “you” or “your” are references to the person making the booking and all members of the holiday party.
Any Booking is subject to the Booking Contract.
This Booking Contract and our confirmation email contain the entire agreement between us and you and form the basis of your agreement with us so please read them carefully.
1. Making your Booking
The Booking shall be made and this Booking Contract shall be effective once the full payment has been received by us or the booking agent whom you have booked through ("the Booking Agent"), and you have received an email from us confirming the Booking. In the case of our Luxury two bedroom Villas and our Luxury Open Plan Villas, we do not guarantee which Villa you will be staying in. While we will take into account your wishes, we reserve the right to allocate which Villa you will stay in. That will be determined by our other bookings and the need for us to ensure that all guests who have booked with us are able to be accommodated.
If we agree that you can pay an Initial Deposit followed by a balance payment or payments (the “Balance”), then you must make all payments within the time periods specified by us.
You should carefully check the details of the Booking Contract within 24 hours of making your Booking, and inform us immediately of any errors or omissions.
2. Paying for your Booking
For the booking to be confirmed:
- The accommodation costs ("the Accommodation Costs") and any other fees set out in our confirmation email ("the Other Fees") must be paid to us or the Booking Agent in full by credit card or bank transfer within 24 hours of your booking date, or within the time period specified by us in writing, for the booking to be confirmed.
- You are required to make payment of the Damage Deposit of NZ$200.00 on or before the business day before the Arrival Date.
In the event that you:
- Fail to pay the Accommodation Costs, the Balance, the Other Fees, and the Damage Deposit to us in full and on time;
- Do not arrive at the property within 24 hours of your arrival time without notifying us,
we shall be entitled to treat your Booking as canceled by you and the Cancellation Policy shall apply.
3 Cancellation Policy
Bookings can be canceled by you within 24 hours of your booking being made without penalty. Cancellations after that time will result in a cancellation charge of 100% of the total Accommodation Costs and Other Fees.
If you need to cancel or amend your Booking you must email us as soon as possible.
Cancellation or amendment will not take effect until we receive confirmation from you.
We do not expect to have to make any changes to your Booking once it is confirmed by us, but sometimes problems occur (including overbooking and Acts of God) and we may have to make alterations or, very occasionally cancel Bookings.
If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your Booking. If we cancel your Booking, our sole liability is to refund you any Accommodation Costs, Other Fees, and Damage Deposit you have already paid to us. However, we are not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance), or any additional costs which you may have to pay for alternative accommodation.
4 Arrivals and Departures
Check-in time is from 2 pm. If you require an earlier check-in (of up to 2 hours only) please advise us at the time of your reservation. Although we do not guarantee early check-ins we will endeavour to offer one for up to 2 hours only if available. Please advise your approximate arrival time when making your reservation.
To guarantee an early check please book your room to include the night before you arrive. If you require a check in at 6 a.m., 8 hours early, an early check-in fee of one-third of the normal (without discount) room rate is payable for use of a Villa until your booked Villa is available (subject to availability).
Check-out time is before 10 am. Late checkouts (of up to 2 hours only) are not guaranteed and must be prearranged with us. If you would like a late check-out, please request it from us at the time you make your booking. If you require a late check out at 10 p.m. (8 hours late), a late check-out fee of one-third of the normal (without discount) room rate is payable for use of a Villa until you check out (subject to availability).
If your arrival will be delayed, you must contact us so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise us of your anticipated late arrival we may treat the booking as having been canceled by you and we shall be under no obligation to refund you for Accommodation Costs and Other Fees already paid to us.
5. Your obligations
You agree to comply with our policies set out in the Compendium/Information Folder in your Villa at the Property and any other policies specified by us from time to time and ensure that they are observed by all members of your party. You agree to keep and leave the Villa and the furnishings, including items such as kitchen equipment, crockery, and glasses clean and in good condition.
You agree that you, your other guests and invitees will not:
- Cause any damage to the walls, doors, windows, chattels or any other part of the Villa and/or Kia Orana Villas ("the Damage Policy").
- Hold noisy parties in the Villa or at at Kia Orana Villas, have invitees who are not booked to stay at Kia Orana Villlas at Kia Orana Villas between the hours of 11 p.m. and 7 a.m., or do anything that may be reasonably considered to cause a nuisance or annoyance to other guests or to any other occupier of adjoining or neighbouring properties. We offer a quiet environment for guests.
You agree to take all necessary steps to safeguard your personal property while at the Villa.
You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).
The maximum number of people who can stay in your Villa is the lesser of the number booked by you or 4 guests (including at least 1 adult) for 2 bedroom villas plus 2 portacots for 2 babies under 1, and 2 guests (including at least 1 adult) for open plan villas and 1 portacot for 1 baby under 1 ("the Maximum Number of Guests Policy"). The lounge area/furniture must not be used by guests for sleeping. If this policy is breached there is an additional charge of NZ$100 per additional person per night payable which you authorise us to debit to your credit card.
If you and/or your guests and/or your invitees breach the Damage Policy and/or the Nuisance Policy and/or the Maximum Number of Guests Policy we can refuse to hand over the Villa to you, or can require you to leave it. We may at our sole discretion treat any of these circumstances as a cancellation of the Booking by you and if we do we shall be under no obligation to refund you for any Accommodation Costs or Other Fees already paid to us in those circumstances. Any refund will be at our sole discretion.
You agree to allow us or any representative of ours access to the Villa at any reasonable time during your stay for the purpose of cleaning, essential repairs, or to ensure you are complying with this Booking Contract.
Children under 16 are not permitted in our top floor villas 9 (the Premium Villa), and villas 10 to 13 (Open Plan Luxury Villas). Children are welcome in all of our ground floor villas, 1 (our Honeymoon Open Plan Villa), Villas 2, 3 4 and 14 (our 2 bedroom Villas) and Villas 5 to 8 (our Open Plan Luxury Villas). Free portacots and highchairs are supplied for infants under 12 months in our ground floor villas only (subject to availability - please request one when booking)). Children over one must have a bed booked for them and are counted as guests for our Maximum Number of Guests Policy.
7 No smoking and no gum policy
No smoking of cigarettes or other substances, and no chewing gum or bubble gum, are permitted at Kia Orana Villas, or on their decks or in the swimming pool area. Smoking is only permitted in the designated smoking areas (the car parks). If you or one of your guests smokes in the Villas or on their decks there is an additional cleaning charge of NZ$200 payable for each occasion on which you do so, which you authorise us to debit to your credit card.
8 Guest's liability
You will pay us:
- A cleaning fee of NZ$200.00 for decontaminating the Villa for each occasion you or your guests or invitees smoke in the Villa or on the Villa decks or in the swimming pool area.
- A cleaning cost of NZ$200.00 for each occasion you or your guests or invitees vomit in the Villa or on the Villa decks or in the swimming pool area
- A cleaning cost of NZ$100.00 per spa pool if sand from togs or dirt from feet is brought into the spa pools.
- Cleaning costs for washing or putting away dishes are $20 per hour.
- For any costs, damage, or liability arising as a result of smoking and/or use of gum and/or any smoke detectors being activated by you or your guests.
- For any damage to the Villa, its furniture, furnishings, and chattels, or the property, which is caused by you or your guests or invitees, other than fair wear and tear.
- For the replacement and air freighting of a new spa pool cover if you or your guests or invitees take off the spa pool cover and fail to place it in the spa pool cover lifter.
- For the repair of the spa pools if you or your guests or invitees use the spa pools and leave the water level below the jets (by more than 2 people using the spa pool, or otherwise) and the spa pool overheats.
- The sum of NZ$50.00 to cover electricity costs for each occasion on which you or your guests or invitees leave the spa pool lid of the spa pool after using it.
- For the costs of replacement of any furnishings and chattels which are in the Villa on your arrival, and which are not in the Villa on your departure. You are responsible for locking the Villa when you leave the Villa, as Rarotonga, as with all other holiday destinations, has burglars.
- For any loss of income, we suffer as a result of the matters detailed in clauses 5, 7 and 8, if applicable.
You authorise us to charge the above sums, costs, damages, and loss of income to the credit card provided by you, or to bill to the same to you.
9 Proof of Identity
You will be asked to produce your passport for yourself and the guests staying with you as proof of your Identity after making your reservation. This is in the interests of safety and security of Kia Orana Villas and its guests.
In the event of non-payment of any monies owed not paid in accordance with the above terms and conditions after departure you agree to pay us any amounts due plus interest on monies owed from the due date until actual payment at the rate of 15%, calculated with monthly rests. You also agree to pay us all costs, court costs and collection agency fees incurred by us in enforcing our rights.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified. Discussion of any criticisms with us while you are in residence at the Kia Orana Villas will usually enable any shortcomings to be rectified straight away. In particular, complaints of a transient nature (for example, regarding the preparation of the Villa) cannot be investigated unless made while you are in residence at the Villa.
If any complaint cannot be resolved during your holiday, you must write to us or email us with full details within 5 business days of the end of your Booking.
12. Our Liability
You acknowledge that you have been advised that:
- Our staff does not supervise the swimming pool or spa pool area, and you accept sole responsibility for supervision of, and injury to, or death of, your guests and invitees including children and those with disabilities who could drown or suffer serious injuries if they are not supervised and enter the swimming pool area which is not fully fenced
- You could suffer serious injuries if you run, or walk quickly, on the paths, and/or the tiled Villa decks and/or the steps to the Villas, and/or the swimming pool deck while they are wet as they are slippery when wet.
- You accept sole responsibility for supervision of, and injury to, or death of, children and those with disabilities who use the paths at the rear of the property which is not fully fenced and adjoins a bank.
We, our management, staff, and independent contractors, do not have any responsibility for any accidents, injury, or death that may be suffered or sustained by you as a result of you and/or your guests':
- Participation in any tours or activities or the use of any equipment, whether provided by us or others
- Use of the swimming pool or spa pools
- Use of the paths, decks, and steps including those at the rear of the property.
You acknowledge the risks associated with the activities detailed above and release and indemnify us (as well as our management, staff and independent contractors) from any and all claims, losses, damages, and injury, of any kind whatsoever and however arising, from the participation by you or your guests or invitees in such tours or activities, whether provided by us or a third party provider booked through us.
Our maximum liability for losses you or your guests suffer as a result of us acting in breach of this Booking Contract is strictly limited to the amounts received by us in relation to your Booking. Without limiting that maximum liability we shall not be liable for any losses which are not a foreseeable consequence of us breaching this Booking Contract. Losses are foreseeable only where they could be contemplated by you and us at the time your Booking is confirmed by us.
Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you.
This does not exclude or limit in any way our liability for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
You may not transfer your Booking or any rights and responsibilities under this Booking Contract to any other person, without our prior written consent.
If at any time any part of this Booking Contract is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.
This Booking Contract, together with the Cancellation Policy and our confirmation email contain the entire agreement between us and you relating to the Booking and shall supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this Booking Contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Booking Contract, and that party’s only remedy shall be for breach of contract as provided in this Booking Contract.
We will not be in breach of this Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, flood, fire, explosion or accident.
14, Governing Law and Jurisdiction
The governing law shall be the Cook Islands law.
The parties agree to submit to the jurisdiction of the Courts of the Cook Islands in respect of all matters arising between them concerning the Booking Contract.