These Terms and Conditions ("the Booking Contract") and our booking confirmation email contain the entire agreement between us and you and form the basis of your agreement with us. 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 and Spa (“we”, “us” and “our”) and the holidaymaker(s) who book Kia Orana Villas and Spa (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 booking 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 Cook Islands border reopens on 13 January 2022 (Cook Islands time) for double vaccinated tourists over 12 from New Zealand only. It may reopen later in 2022 for double vaccinated tourists from Australia.
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.
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 no less than 21 days before your arrival, or within the time period specified by us in writing, for the booking to be confirmed.
- The accommodation costs are based on payment being made by credit card or bank transfer no less than 21 days before your arrival. If you need to arrange a payment plan please email email@example.com. 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 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 cancelled by you and the Cancellation Policy shall apply.
3 Cancellation Policy
Kia Orana Villas Peace of Mind Guarantee for COVID-19 events
At Kia Orana Villas we have developed a great reputation for looking after our guests as if they were part of our family.
If you book with an online travel agent (OTA), the cancellation policies on their website apply.
If you book directly with us bookings can be cancelled no less than 24 hours before your arrival date if you cannot travel to Rarotonga because of COVID-19 travel restrictions in the Cook Islands or your country of residence. If that happens:
1 You can cancel your booking, or
2 Amend your stay dates free of charge to any date before 18 months after your booked arrival date with the same rate and package that you now have (subject to availability).
3 If you have booked directly with us and do not want to change your booking dates, we will refund your accommodation costs within 5 working days.
4 If you have booked through an online travel agent you need to ask them to cancel your booking without penalty, and we will agree to that being done.
5 If you need to change your booking for other reasons no refund is possible and you will need to make a claim on your travel insurance policy. We recommend that you take out travel insurance to cover other events that may prevent you from traveling to Rarotonga.
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 (for reasons other than your failure to pay amounts to us in full or on time, or your failure to arrive at the property within 24 hours of your arrival time without notifying us), 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 liable to refund you for any amount you may have paid to any third party in connection with your holiday (including, without limitation, amounts paid 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. Check-out time is before 10 am.
The earliest check-in possible is 12 noon, and the latest check-out possible is 12 noon, subject to other guest bookings. The availability of that free early check-in or check-out depends on whether we receive another booking for that day which will not be known until the day before you check in.
An early check in and late check out service is available at an additional cost from 6:00 a.m. to 2:00 p.m. for early check-in and from 10:00 am to 6:00 p.m. for a late checkout in any Villa which is available for 50% of the normal daily Villa rate advertised on our web site, subject to your Villa not being booked for the day before your arrival for early check-ins, and the day after your departure for late check-outs. To guarantee an early check-in or late check-out you need to book the day before your arrival for early check-ins, and the day after your departure for late check-outs at the same daily rate which you have paid (including taxes).
If you are arriving before 6 a.m. or departing after 6.00 p.m. you need to book for the day before your arrival, and/or the night of your departure at 100% of the total daily Villa rate which you paid (including taxes).
If you require an early check-in and/or a late check-out please advise us immediately,
.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").
- Not hold noisy parties iat Kia Orana Villas, have invitees who are not booked to stay with us at Kia Orana Villas between 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.
- Not wear your shoes inside the Villas, as this will scratch our wooden floors and tiles.
- Not allow more than1 car or 2 scooters per Villa to park on site in 1 car park.
- Not allow guests to park onsite.
- Not run on the wet pool tiles or walkway tiles or paths or you will slip over.
- Leave the keys in that lockbox whenever you go out (and turn the numbers so that the code does not show), and when you finally depart to avoid losing the keys and having to pay for replacements, and for safety reasons so that emergency services can gain access to the Villas if necessary..
- Leave your air conditioning control in its container at all times.
- Turn off air-conditioning when you are out (as otherwise the room will get musty and we will incur large electricity bills).
- If a toilet is blocked NOT flush the toilet or it will overflow damaging our wooden floors (and incurring substantial repair costs for you). Please use the plunger provided to unblock the toilet and let our General Manager know immediately.
- Ensure that children are supervised when using the toilets and do not block them with too much toilet paper.
- Not leave your door key in the sliding door when fully opening it or you will break off the key in the lock It will leave you without a key until the next business day.
Not use the Pool area before 7 a.m. or after 9 p.m.
Follow the pool rules on the swimming pool entrances. Children under 15 must be supervised at ALL times.
Place spa pool covers into the lifters to take them off. They must never be placed on the tiles or behind the spa pools (or you will break them and have to pay for their replacement).
Place spa pool covers back on the spa pools after use to keep water warm.
DO NOT use the spa pool control panels before receiving staff guidance.
Ensure only 2 guests are in each spa pool at the same time
Not allow children under 15 in the spa pools on their own.
Not feed or pat dogs (they are not house dogs, some bite, and if you feed them all of the neighbourhood dogs will come here, poop, bark and fight).. We only have one resident grey cat Smoocher. Please do not give her milk as she is allergic to it.
Not feed hens as they poop everywhere.
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 Mana Taiki Eco Certification
We are Mana Tiaki Eco certified. We use only eco-friendly cleaning products, washing powder, and toilet paper. We use solar water panels, and have grey water treatment plants for all villas. We are reducing the use of plastic by buying products in bulk. Please help reduce plastic bottle waste in Rarotonga by using the commercially filtered water available at our reception villa, not buying water in plastic bottles, and buying our reusable water bottles which we purchase from the local environmental group Te Ipukarea Society. we are gold members of that Society..
Please help us conserve water. As part of our Going Green effort bed linen is changed every 3 days. If you do not want linen changed please advise us. Please leave towels that you do not want washed on the towel rails.
Villas are cleaned/serviced every day other than Sundays and public holidays.
There is a washing machine, drier, dishwasher and cleaning equipment in each Villa for your use.
9 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.
NZ$20 per day if you do not turn off air-conditioning when you are out.
- NZ$250 if you lose your door key, or it is broken by you.
- 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 9 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.
10 Proof of Identity
You will provide us with the names of all guests, the ages of all children, copies of the passports for all guests, and addresses and mobile numbers for all guests. This is in the interests of safety and security of Kia Orana Villas' 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.
13. 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 are not fully fenced and adjoin a bank and steps.
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 and our booking 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.
15, 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.