The SMART way to book your accommodation in New Zealand

Definitions:

“SMART” means TrueNZ SMART Accommodation Limited, a company incorporated in New Zealand.

“We” and “Us” refers to TrueNZ SMART Accommodation Limited, its owners, officers and employees.

“The Property” means the accommodation at which the subject booking is being made

“The System” means the software that SMART owns, operates and provides to The Property and that is being used in making the subject booking.

SMART owns and operates the SMART Direct, SMARTgms and SMARTres websites, any one or more of which may form part of The System and any one of which may be referred to in the singular as “the web site” or “the site”.

"You" means every individual or entity using The System and or accessing the site for whatever reason.

Use of The System:

By using The System, including the booking engine and associated payment gateway, You are accepting all these Terms of Use and the Terms and Conditions applied by The Property, including the specific Booking Terms applied by The Property to the subject booking..

SMART requires You to read all Terms of Use carefully. You may contact SMART if You do not understand any of them.

If You do not accept all of the terms, do not use The System or this site.

The System is for Your personal use and is not to be used for any commercial purpose.

System & Site Information:

Information contained in The System and within the site is provided by The Property. SMART has taken reasonable care to check that the information is accurate and up-to-date, but does not guarantee that The System, site, or the server providing it, is free from viruses, errors and faults.

SMART accepts no responsibility for information supplied by The Property or any other 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, accommodation or service available from, or referred to, on this site. SMART will not be liable for any damages or loss caused by the use of any information on this site.

Intellectual Property Rights:

The copyright in the material contained in the SMART system and web site, together with the web site design, text and graphics, and their selection and arrangement, belong to SMART. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for Your own non-commercial off-line viewing.

Third party product and company names mentioned on the SMART web site may be the trademarks or registered trademarks of their respective owners.

If You download software from the site (which includes files, images, data and code) SMART retains complete ownership of that software. You must not redistribute, decompile, disassemble, reverse-engineer or deal with the software in any way.

Limitation of Liability and Disclaimer:

SMART uses reasonable endeavours to ensure that the data on the web site is accurate and to correct any errors or omissions as soon as practicable after being notified of them. SMART does not monitor, verify or endorse information submitted by The Property or other third parties for posting on the web site and You should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the web site. We do not guarantee that the web site will be fault free and do not accept liability for any errors or omissions.

Due to the nature of electronic transmission of data over the internet, and the number of Properties by whom data is posted on to the web site, any liability we may have for any losses or claims arising from an inability to access the web site, or from any use of the Web site or reliance on the data transmitted using the web site, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the web site, save where such liability cannot be excluded by law.

We do not give any warranty that the web site is free from viruses or anything else which may have a harmful effect on any technology.

Your Warranties:

You warrant that:

1. You are responsible (financially and otherwise) for Your use of this System and site.
2. Information You supply, whether to SMART or to a third party provider, is accurate and will not be deceptive or likely to deceive.
3. You are over the age of 18 or any higher age that The Property has specified in the Booking Conditions.

Indemnity:

You indemnify SMART and its officers, employees and agents against all costs, claims, losses, liabilities, damages and expenses as a result of any act, omission or breach of these terms by You or by Your officer, employee or agent.

Privacy:

Any details that You provide to us from which we can identify You, are held and processed in accordance with our Privacy Policy.

Governing Law:

The Terms and Conditions are governed by the laws of New Zealand and You agree to submit to the exclusive jurisdiction of the New Zealand High Court.

Any term which is void or unenforceable shall be treated as severed from these Terms of Use and shall not affect the enforceability of the other terms. These Terms of Use constitute the whole agreement between You and SMART and shall not be modified except by agreement in writing signed by SMART.

If You are accessing the System or site from outside the country, You must comply with all laws of the country in which You are accessing the site and with all New Zealand laws.

Confirmation of Bookings:

It is expressly agreed that any confirmations or other messages displayed or transmitted in connection with the subject booking, are displayed or issued by SMART acting on behalf of The Property and not in its own right.

A booking is confirmed by The System on behalf of The Property when an on-screen transaction confirmation has been displayed by SMART and an email booking confirmation has been sent to You (whether or not You receive it). This is referred to as “The Confirmation”

In certain circumstances The Property may have specified conditions of stay which mean that Your booking cannot be immediately confirmed. In these circumstances SMART will display an onscreen message advising that Your booking has been forwarded to The Property as a booking request. Where this occurs, Your booking status is not confirmed until You receive The Property’s response and, if a payment is then specified to secure Your booking, You have returned to The System and successfully made the appropriate payment within the time specified for making it.

If no on-screen transaction confirmation has been displayed by The System, it means that the transaction has not been successfully completed. The System may hold a temporary, unconfirmed booking for You and invite You to complete your booking direct with The Property.

The Confirmation will clearly state the rooms and occupancy covered in the booking and the payment made.

The Confirmation may also state that a further payment for part or all of the full cost of Your booked stay will become payable by a specified date. Where such additional payment is specified it becomes entirely Your responsibility to ensure that it is made within the time specified and is received by The Property.

Failure to do so may invalidate Your accommodation booking.

You must check the room description at the time of booking. It is Your responsibility to ensure that the booking will be suitable for Your needs. Accommodation providers have different child policies and it is Your responsibility to check restrictions, such as the child age range, and book appropriately.

You are also responsible for keeping other members of Your party informed of the booking details.

E-mail and Password:

The System will issue You with a password to be used in conjunction with your email address order to access certain restricted parts of The System. The e-mail and password are personal to You and are not transferable.

Your e-mail and password are the methods used by us to identify You and so are very important. You are responsible for all information supplied to The System by anyone using Your e-mail and password and any payments due for services accessed through The System by anyone using Your e-mail and password. We strongly recommend You do not disclose Your password to anyone. Any breach of security of an e-mail and password should be notified to us immediately.

You may not adapt or circumvent The System or access it other than through normal operations.

If You change Your email address between the time of making a booking and the date of Your stay, it is essential that You log in to Your SMART user record and update Your contact email address.

In the event that any email sent to You by SMART or The Property to the email address You have provided, is returned as undeliverable on 2 separate occasions Your booked accommodation may be cancelled without further notice.

Currency and GST:

All prices shown listed in The System have been specified by The Property and are in New Zealand dollars. All prices include the New Zealand Goods and Services Tax where applicable. You should be aware that many small accommodation providers are not required to be, and are not, registered for GST.

Cookies:

A cookie is a small text file written to Your hard drive that contains information about You. Cookies do not contain any personal information about users. We use cookies so that we can personalise Your experience of The System. If You set up Your browser to reject the cookie, it may not be possible to complete Your booking.

Changes:

SMART may change the site or any of these terms at any time.

Minimum Age:

The Property may have specified in their Booking Conditions a minimum age for the person making the booking.

When completing the on-line booking form, You must at least that specified minimum age or, where one has not been specified, You must be of legal age to do so and You become legally bound to honour payment and other obligations.

Charges:

Charges made in connection with the subject booking are set, specified and made by The Property which has authorised SMART to collect them on its behalf.

You will promptly pay any charges specified on the site for bookings made through the site.

These charges may be for a deposit to secure Your booking, or may be for the balance of, or the whole of the tariff applicable to Your stay. Please see “Cancellations & Refunds” below

Charges will be payable immediately when due by charge to Your credit card. SMART’s independent credit card transaction processor is ANZ Bank New Zealand Limited which accepts Visa & Mastercard but reserves the right not to accept a particular credit card provider at their discretion.

Deposits and other pre payments:

An “Arrival Assured Date” may be specified by The Property. This is the point in time prior to Your booked arrival after which You are committed to Your stay and to meeting the full costs agreed to for Your accommodation. It may be specified by the host as being 30 days, 21 days, 14 days or 7 days at the option of The Property. Details of the applicable Arrival Assured Date for The Property are displayed in, and form part of the Booking Conditions.

When Your booking is made in advance of the “Arrival Assured Date specified The Property a deposit may be requested as Your commitment to the booking. The amount of deposit requested may not exceed 10% of the total value of Your booking.

When Your booking is made in advance of the Arrival Assured Date The Property may require that a further payment for part or all of the cost of Your booked stay will become payable by a specified date, being no earlier than the commencement date of the applicable Arrival Assured Date. Where such additional payment is specified it becomes entirely Your responsibility to ensure that it is made within the time specified and is received by The Property. Failure to do so may invalidate Your accommodation booking and result in it being cancelled.

When a booking is made within the Arrival Assured Date The Property may require payment of an amount up to the full value of Your booking in order to secure Your booking.

Refunds of Deposits and other pre payments:

Where circumstances arise necessitating that You cancel a booking made using SMART:

Any refund of a deposit paid is entirely at the discretion of The Property, which is under absolutely no obligation to provide one.

Any refund of any payment made within the Arrival Assured Date specified for the booking or after arrival at The Property, is entirely at the discretion of The Property, which is under absolutely no obligation to provide one and is unlikely to do so unless the accommodation You booked is resold.

Where a booking is cancelled by The Property as a result of non compliance by You with the set payment terms, any deposit or other prepayment that You have made is non refundable.