Villas, we believe in providing clear and transparent communication with our guests. These Terms and Conditions, along with our booking confirmation email, contain the entire agreement between us and you, and form the basis of your agreement with us. We ask that you please read them carefully before making your booking to ensure that you fully understand our policies and procedures. We pride ourselves on delivering exceptional service and ensuring that our guests have a comfortable and enjoyable stay with us. If you have any questions or concerns about our Terms and Conditions, please don't hesitate to contact our friendly reception staff, who will be more than happy to assist you. Thank you for choosing Kia Orana Villas for your stay in Rarotonga. We look forward to welcoming you to our beautiful island paradise.
These terms and conditions, known as the Booking Contract, are between J R Enterprises Limited, as the owner of Kia Orana Villas and Spa, and the holidaymaker(s) who book our property. Whether you book directly with us, 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 booking is subject to the Booking Contract.
The Booking Contract and our booking confirmation email together contain the entire agreement between us and you, and form the basis of your agreement with us. We kindly ask that you read them carefully before making your booking to ensure that you fully understand our policies and procedures.
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 two-bedroom Villas and our 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 can 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:
- A 25% deposit is payable for the accommodation costs ("the Accommodation Costs") and any other fees set out in our confirmation email ("the Other Fees") to us or the Booking Agent not later than 30 days before your arrival, with the balance to be paid no later than 14 days before your arrival, for the booking to be confirmed.
- Payment can be made by credit card or bank transfer into our Cook Islands or New Zealand bank account. We charge a credit card surcharge (currently 3%) for payments made by you to us by credit card. If you need to arrange a payment plan please email firstname.lastname@example.org. If we agree that you can pay an Initial Deposit followed by a balance payment or payments then you must make all payments within the period specified by us.
- You may be required to pay of the Damage Deposit of NZ$200.00 on or before the business day before the Arrival Date.
- Fail to pay the fAccommodation Costs, the Other Fees, and the Damage Deposit to us on time;
- Do not arrive at the property within 24 hours of your arrival time without notifying us,
we are entitled to treat your booking as canceled by you and the cancelation 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.
Bookings can be canceled no less than 30 days before your arrival date for any reason. If you need to cancel your booking after that time no refund is possible and you will need to 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 cancelation 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 that 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 noon, and the latest check-out possible is 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.
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 you departed for late check-outs. To guarantee early check-in or late check-out you need to book the day before your arrival for early check-ins, and the day after you departed 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 are under no obligation to refund you for Accommodation Costs and Other Fees already paid to us.
5. Your obligations
To ensure a pleasant stay for all, please:
- Be careful not to damage any part of the Villa.
- Avoid making excessive noise or causing a disturbance at all times, especially between 10 p.m. and 7 a.m.
- Remove your shoes before entering the Villa to protect our wooden floors and tiles.
- Park no more than one car or two scooters per Villa in the one designated parking area, and do not allow guests to park onsite.
- Walk carefully on wet pool tiles, walkways, and paths to prevent accidents.
- Always leave the keys in the lockbox when you go out and turn the numbers so the code is not visible. This ensures safety and avoids losing the keys.
- Keep the air conditioning control in its container and turn it off when you are out to save energy.
- If a toilet becomes blocked, please use the plunger provided and inform our General Manager immediately. Make sure children do not use too much toilet paper or block the toilets.
- Do not leave your door key in the sliding door when fully opening it to prevent it from breaking off in the lock.
- Only use the Pool area between 7 a.m. and 9 p.m. Follow the pool rules and supervise children under 15 at all times.
- Place the spa pool covers back on after use to keep the water warm. Do not use the spa pool control panels before receiving staff guidance.
- Only allow a maximum of two guests in each spa pool at the same time, and do not let children under 15 use them alone.
- Do not feed or pat dogs to prevent disturbances and hygiene issues.
- Take all necessary steps to safeguard your personal property while at the Villa.
- Ensure that each member of your party has comprehensive travel and health insurance.
- Follow the Maximum Number of Guests Policy and do not use the lounge area/furniture for sleeping.
- Additional charges apply if these policies are breached.
Please note that we reserve the right to refuse to hand over the Villa or require you to leave if you breach the policies mentioned above. In that event, no refund will be made.
We may access the Villa at any reasonable time for cleaning, or essential repairs.
Thank you for your cooperation!
We welcome children in most of our villas, but for safety reasons, children under 16 are not allowed in our top-floor villas. We offer free portacots and highchairs for infants under 12 months in our ground-floor villas (subject to availability, please request 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
To maintain a clean and healthy environment, we have a strict no-smoking and no gum policy in all villas and their decks or in the swimming pool area. Smoking is only permitted outside our entrances. If smoking occurs in the villas or on their decks, an additional cleaning charge of NZ$200 will apply for each occasion.
8 Mana Taiki Eco Certification
We are proud to be Mana Tiaki Eco certified and use eco-friendly cleaning products, washing powder, and toilet paper. We also use solar water panels and have grey water treatment plants for all villas. To reduce plastic waste, we ask that you use commercially filtered water available at our reception villa and consider purchasing our reusable water bottles. Bed linen is changed every 3 days, but if you prefer not to have it changed, please let us know. Towels that do not need washing can be left on the towel rails. Villas are cleaned and serviced every day except Sundays and public holidays. Each villa has a washing machine, drier, dishwasher, and cleaning equipment for your convenience.
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. 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 on the Villa decks or 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 break the spa pool cover.
- 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$50 per day if you do not turn off air-conditioning when you are out.
- NZ$100 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 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 following the above terms and conditions, 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 remedial action must be taken as soon as possible.
You must 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 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 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 before 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.