TERMS AND CONDITIONS POLICY- Onetai Estate
Effective Date: 1 June 2026
Property Jurisdiction: New Zealand
These Terms and Conditions (the “Agreement”) govern all bookings, residency, and event hosting at the Property.
By making a booking, paying a deposit, or entering the Property, you (the “Guest,” “your,” or “Principal Guest”) agree to be legally bound by this Agreement on behalf of yourself and all members of your party.
This agreement forms the entire agreement between the parties and supersedes all prior representations, communications, and understandings relating to its subject matter.
BOOKING, FINANCIAL, AND PAYMENT TERMS
1.1 Binding Agreement:
A booking request is an offer only and is legally confirmed when a formal confirmation email is issued and payment is successfully processed. The Property reserves the right to decline or cancel any unconfirmed booking requests due to availability errors, pricing glitches, or operational constraints. If a booking is declined after payment is taken, a full refund will be issued immediately.
1.1A Booking Acceptance & Commercial Discretion
Prior to booking confirmation, the Property reserves the right, acting reasonably and in good faith, to decline, restrict, condition, or reprice any proposed booking where operational requirements, availability constraints, staffing limitations, property conditions, regulatory obligations, health and safety requirements, risk considerations, or commercial factors make acceptance unsuitable.
No booking is accepted until confirmed in writing by the Property and all required deposits, documentation, identification, insurance certificates, and contractual requirements have been received and approved.
1.2 Rates and Currency:
All prices quoted are in New Zealand Dollars (NZD) and include Goods and Services Tax (GST) at the prevailing rate of 15% unless explicitly stated otherwise.
1.3 Rate Amendments:
The Property reserves the right to correct pricing or typographical errors on its website or booking engines. If a manifest error occurs, the Guest will be offered the choice to pay the corrected price or cancel the booking for a full refund.
1.4 Security Bonds and Pre-Authorisation (Thought & Connection Tiers Only):
Upon check-in for Thought (Corporate/Estate Buyout) and Connection (Event/Large Group) bookings, the Principal Guest must present a physical, valid credit card matching their photo ID. A pre-authorisation hold will be placed on this card as a security bond for incidentals, damages, or policy breaches. This hold will be released by the bank post-departure, minus any deducted costs.
1.5 Pre-Authorisation Depletion Rights (Thought & Connection Tiers Only):
For Thought and Connection bookings, if the Guest incurs incidentals, room charges, or damage costs during the stay that exceed the value of the initial security bond, the Property reserves the right to immediately charge the card or run an additional pre-authorisation to cover the growing balance.
1.6 Seasonal, Holiday & Special Event Pricing
Rates may vary according to season, occupancy, public holidays, regional events, demand levels, and operational requirements.
Additional surcharges may apply during periods of exceptional demand, including public holidays, Easter, Christmas, New Year, long weekends, and major regional events. Any applicable surcharge will be disclosed before booking confirmation.
1.7 Ancillary Services
Optional services requested by the Guest may incur additional charges, including but not limited to chair hire, glamping accommodation, additional accommodation nights, extended access periods, additional site visits, equipment handling, administration services, and other optional services offered by the Property. Applicable charges will be advised before confirmation where reasonably practicable.
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2. ONLINE TRAVEL AGENCIES (OTAs) AND CHANNEL CONFLICT
2.1 Precedence of Terms:
If a booking was made through an external Online Travel Agency (including, but not limited to, Booking.com and Airbnb), the cancellation, modification, and payment terms of that specific platform take precedence over the direct website booking policy.
2.2 House Rules Universality:
Regardless of the booking channel or platform used to secure the reservation, all House Rules, Conduct Clauses, Damage Policies, Eviction Rules, and New Zealand Statutory Law conditions outlined in this contract apply absolutely to every guest from the moment they step onto the Property.
3. CANCELLATION, MODIFICATION, AND REFUND POLICY
3.0 GENERAL PRINCIPLE
All cancellation, refund, and deposit provisions are intended to allocate risk between the Parties in advance and reflect the differing commercial nature of Spirit, Thought, and Connection bookings.
Refunds are available only as set out in this Agreement and subject to applicable New Zealand consumer law.
3.1 Spirit (Residential Stays) Policy (Consumer Bookings)
Cancellations made more than 7 days prior to the scheduled check-in date are eligible for a full refund, less a $50.00 administration fee.
Cancellations made within 7 days of arrival are non-refundable and will result in forfeiture of 100% of the total booking value.
For bookings made within 72 hours of arrival, the booking is considered final and non-refundable at the time of confirmation, except where cancellation rights or remedies apply under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
Nothing in this clause excludes or limits any non-excludable rights under New Zealand law, including where services are not provided with reasonable care and skill, are not as described, or are otherwise not delivered in accordance with statutory guarantees.
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3.2 Cancellation, Deposit, and Liability Policy
3.2A The Security & Performance Deposit (Definition)
Upon booking confirmation, a 30% Security & Performance Deposit is required to secure the reservation. This deposit is split into two components:
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15% Reservation & Performance Component – a non-refundable booking fee earned upon confirmation to secure dates, inventory, and allocate operational capacity.
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15% Damage & Incidental Component – a refundable security bond held to cover property damage, policy breaches, or unpaid costs during the stay.
The treatment of these amounts, including forfeiture, refunds, and application against liabilities, is governed by this Agreement, including Clause 3.2B (Cancellation Fees) and Clause 3.2C (Post-Stay Reconciliation).
3.2B Cancellation Fees (Liquidated Damages – Thought & Connection Bookings Only)
If the Guest cancels a confirmed Thought (Corporate / Estate Buyout) or Connection (Event / Wedding / Large Group) booking, the following cancellation fees apply as liquidated damages and are not a penalty, being a genuine pre-estimate of loss arising from the reservation of exclusive-use accommodation, allocation of operational resources, and commitment of staff, suppliers, and property capacity.
At the time of contracting, the Parties acknowledge that the loss arising from cancellation is difficult to quantify in advance and may include, without limitation:
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loss of opportunity to accept alternative bookings for the reserved dates
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staffing, contractor, and supplier commitments made in reliance on the booking
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administrative, planning, and preparatory work undertaken prior to cancellation
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withdrawal of exclusive-use capacity from general availability
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reduced ability to re-sell the reserved dates within the relevant booking window
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seasonal demand and lead-time factors affecting resale value
The Guest acknowledges and agrees that:
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these cancellation fees represent a genuine pre-estimate of loss and are commercially reasonable in the context of exclusive-use bookings;
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they were agreed at the time of contracting following a reasonable opportunity to review the terms and seek independent advice if desired; and
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this clause applies regardless of whether the Property is ultimately able to re-let the dates, provided the cancellation occurs within a period where re-letting is not reasonably certain at the time of cancellation.
The Property will take reasonable and proportionate steps to mitigate its loss by attempting to re-sell the cancelled dates or services. Any revenue actually recovered from re-sale of the same dates or services will be credited against the Guest’s cancellation liability.
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C. Post-Stay Reconciliation (Damage & Incidental Component)
Following the stay, the 15% Damage & Incidental Component will be refunded within 14 business days, provided the Guest has committed no Material Breach and caused no damage.
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Inspection & Reconciliation: The Property will inspect the premises and reconcile any costs (e.g., cleaning, unpaid services, or damages).
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Dispute Window: If damage or breaches are identified, the Property will notify the Guest in writing within 5 business days of discovery. The Guest shall have 3 business days to contest the identified issue.
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Limitation: Any deductions will be strictly limited to the actual reasonable cost of restoring the property to its original condition.
D. Liability for Damage Exceeding the Deposit
The 15% Damage & Incidental Component does not represent the limit of the Guest’s liability. The Guest remains fully liable for all actual costs, losses, and damages that exceed this amount. The Guest agrees to pay any invoice for excess damages within 14 days of issue. In the event of non-payment, the Guest shall be liable for all reasonable recovery costs, including debt collection and tribunal filing fees.
E. Discretionary Refunds and Fee Waiver (Goodwill Adjustment)
Notwithstanding the cancellation fee structure set out above, the Property may, at its sole discretion, reduce, waive, or vary cancellation fees or refund amounts where the Guest provides a reasonable explanation for cancellation, including but not limited to medical emergencies, bereavement, or other significant unforeseen circumstances.
Any such decision will be assessed on a case-by-case basis, taking into account:
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the timing of cancellation
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the Property’s ability to re-sell the booking dates
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any costs already incurred or committed
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overall financial impact to the Property
Any waiver or refund granted under this clause is a voluntary goodwill adjustment only and:
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does not create any precedent
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does not create any ongoing entitlement for the Guest
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may be declined at the Property’s discretion and without any obligation to provide detailed reasons
does not affect or limit any rights under applicable New Zealand law
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3.4 Non-Refundable Rates
Bookings made under “Non-Refundable”, “Advance Purchase”, or promotional rate conditions are non-refundable and non-changeable due to change of mind, travel disruption, or personal circumstances.
This clause does not exclude or limit any rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 where applicable.
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3.5 No-Show Policy
If the Guest does not arrive by 10:00 PM on the scheduled arrival date and has not provided notice of late arrival, the booking is treated as a no-show.
No-show bookings are non-refundable to the extent permitted by law.
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3.6 Shortened Stays
If a Guest chooses to depart earlier than the confirmed departure date, no automatic refund or credit applies for unused nights.
This does not limit statutory remedies where services have not been provided with reasonable care and skill or are otherwise not delivered in accordance with the Consumer Guarantees Act 1993 (where applicable).
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3.7 Force Majeure / Service Disruption
In the event the Property is unable to provide accommodation or services due to Force Majeure (including but not limited to natural disasters, extreme weather, government restrictions, infrastructure failure, or other events beyond reasonable control), the Property will assess the situation in good faith and may offer one or more of the following:
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Full or partial refund (after deduction of unrecoverable costs already incurred)
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Credit for future stay
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Alternative dates (subject to availability)
Nothing in this clause limits any non-excludable rights under New Zealand law, including the Consumer Guarantees Act 1993.
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4. ARRIVAL AND DEPARTURE PROTOCOLS
4.1 Standard Check-In:
Standard check-in begins at 12:00 PM. Early check-in requests are subject to room availability and will incur a fee of $50.00.
4.2 Identity Verification:
At check-in, the Principal Guest must present a valid, physical government-issued photo ID (Passport, NZ Driver’s Licence, or Kiwi Access Card). The name on the ID must match the name on the booking and the credit card provided.
4.3 Standard Check-Out:
Standard check-out is strictly by 10:00 AM.
4.4 Late Check-Out Penalties:
Unauthorised late check-outs past the standard time will be billed automatically at $50.00 per hour or part thereof. Departures after 1:00 PM will be charged as a full additional night’s room rate, without granting the right to stay that night.
4.5 Specific Room Inventory Disclaimer: When booking, the Guest secures a room category or type (e.g., Deluxe Studio), not a specific room number or building position. The Property reserves the absolute operational right to shuffle room allocations at any time for maintenance, scheduling optimization, or safety needs.
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5. HOUSE RULES, GUEST CONDUCT, AND OCCUPANCY
5.1 Maximum Occupancy Limits:
The total number of persons sleeping in a room must not exceed the maximum occupancy limit specified for that room type. Exceeding this limit violates local fire safety regulations and will result in a fee of $200.00 per unauthorised person, per night, or the immediate eviction of the entire party.
5.2 Age Restrictions:
The Principal Guest registering and signing for the room must be at least 18 years of age. Minors under 18 must be accompanied by a parent or legal guardian at all times.
5.3 New Zealand Child Supervision Mandate:
In compliance with section 10B of the New Zealand Summary Offences Act 1981, any child under the age of 14 years must not be left unsupervised or unattended on the Property without making reasonable provision for their care.
5.4 Strict Non-Smoking and Vaping Policy:
All indoor spaces, balconies, and designated common areas of the Property are 100% smoke-free and vape-free. If smoke or vapor is detected, or if evidence of smoking is found in a room, the Guest will be charged a minimum remediation and deep-cleaning fee of $500.00. The Guest may also face immediate eviction.
5.5 Pet and Animal Policy:
Pets are permitted on the estate. Guests are responsible for any damage or cleaning costs associated with their pets.
5.6 Noise, Disturbances, and Council Compliance:
Quiet hours are strictly enforced between 10:00 PM and 7:00 AM to comply with local Council noise restrictions. Any noise that disturbs other guests or neighbors is prohibited. If a room causes a noise disturbance that results in a council Abatement Notice or requires security intervention, the Guest will be billed a $250.00 disturbance fee plus any direct council fines.
5.7 Commercial and Event Restrictions:
Rooms and common areas are for private accommodation use only. Unauthorised commercial filming, professional photography, social media monetization shoots, large gatherings, or parties are strictly banned unless approved in writing by management.
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6. DIGITAL, PRIVACY, AND TECHNOLOGY TERMS
6.1 Wi-Fi Network Use and Cyber Liability:
Complimentary Wi-Fi is provided for standard guest internet browsing. The Property disclaims all liability for any data theft, malware infections, cyber-attacks, or financial losses incurred while connected to the network. Guests are strictly prohibited from using the internet connection for illegal file-sharing, copyright infringement, or downloading illicit material.
6.2 Reviews, Social Media, and Public Statements:
Guests remain free to publish honest reviews, opinions, and commentary regarding their stay or event experience. However, the Property reserves all legal rights in respect of any knowingly false, misleading, malicious, defamatory, or unlawful statements published online or otherwise communicated to third parties. Nothing in this clause limits a Guest’s lawful right to provide genuine feedback or reviews.
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7. LIABILITY, DAMAGES, AND OPERATIONAL LOOPHOLES
7.1 Damage, Destruction, and Theft:
The Guest is fully liable for the replacement or repair cost of any damage caused to the room, fixtures, linen, or common property, whether accidental or intentional. This includes the theft of property items (towels, electronics, decorations). These costs will be billed directly to the guest’s card on file.
7.2 Lost Keys, Remotes, and Fobs:
If a guest loses a room key, smart fob, or garage gate remote, they will be charged a flat replacement and security re-coding fee of $50.00 per item.
7.3 Parking and Vehicle Liability:
Vehicles are parked on the Property entirely at the owner’s risk. To the maximum extent permitted by law, the Property shall not be liable for theft, vandalism, accidental damage caused by third parties, or damage resulting from weather, natural events, or environmental conditions. Nothing in this clause excludes liability that cannot lawfully be excluded under New Zealand law.
7.4 Utility, Infrastructure, and Amenity Interruptions:
While every effort is made to maintain all facilities and services, uninterrupted operation of electricity, water, internet services, heating, cooling, and recreational amenities cannot be guaranteed. Temporary interruptions caused by maintenance, supplier outages, emergencies, or circumstances beyond the Property’s reasonable control shall not automatically entitle the Guest to compensation, refunds, or discounts. Nothing in this clause limits any rights or remedies available under applicable New Zealand consumer protection legislation.
7.5 Mitigation of Defects (Immediate Reporting Duty):
Guests must report any cleanliness issue, maintenance fault, safety concern, or equipment failure to management as soon as reasonably practicable after discovery. Prompt reporting allows the Property an opportunity to investigate and remedy the issue. Failure to report a concern during the stay may be taken into account when assessing any later request for compensation, refund, or other remedy.
7.6 Limitation of Liability and Consequential Damage Exclusion:
To the maximum extent permitted by law, the Property shall not be liable for indirect, consequential, special, or economic losses, including lost profits, business interruption, missed flights, missed events, or similar losses arising from a stay or event booking. For bookings where the Consumer Guarantees Act 1993 has been validly contracted out of pursuant to Clause 10.2, the Property’s total liability for any claim shall not exceed the amount paid by the Guest for the affected accommodation or event services.
7.7 Third-Party Vendor Indemnity:
Any tours, transport providers, catering services, or activities booked by the Property on the Guest's behalf are operated by independent businesses. To the maximum extent permitted by law, the Property is not responsible for their service failures, delays, accidents, or personal injuries.
7.8 Right of Entry for Emergencies:
Management and authorised maintenance staff reserve the right to enter any room at any time without notice for urgent repairs, to conduct welfare checks if safety concerns arise, or if there are reasonable grounds to suspect a serious breach of the House Rules.
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8. GROUP, EVENT, AND WEDDING BOOKINGS
8.1 Joint and Several Liability:
For group bookings, family reunions, corporate retreats, or wedding parties occupying multiple rooms, the individual who signs the master booking form and the individual guests occupying each room are jointly and severally liable for all financial charges, room damages, or fines incurred by any member of that entire group.
8.2 Property Takeover Attrition:
If a group books out the entire venue or a block of rooms under a single event contract, individual room cancellations made close to the date are subject to strict attrition clauses. Dropping individual rooms below the agreed contract minimum will still incur the full original block booking cost.
8.3 Deposit and Security Bond
For group, estate buyout, wedding, and event bookings, a Security & Performance Deposit equal to 30% of the total booking value is required upon confirmation.
The deposit is governed by Clause 3.2A (Security & Performance Deposit – Definition).
8.4 Independent Event Pricing
Wedding, event, estate buyout, and exclusive-use pricing are separate commercial products and are not calculated by reference to individual room rates, accommodation rates, or accommodation pricing caps. Event pricing reflects exclusivity, infrastructure utilisation, operational complexity, risk allocation, and opportunity cost.
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9. LEGAL REMEDIES, EVICTION, AND PRIVACY LAWS
9.1 Immediate Eviction Policy:
The Property reserves the right to terminate a stay and evict any guest immediately, without a refund or credit, if they violate any clause of this Agreement, act aggressively toward staff, cause a neighborhood nuisance, or engage in illegal activity.
9.2 Trespass Transition:
Upon management issuing a lawful direction requiring a Guest to leave the Property due to a breach of these Terms and Conditions, any permission previously granted to remain on the Property is revoked. Any person who refuses to leave after such direction may be treated as a trespasser under the Trespass Act 1980 and may be removed with Police assistance if required.
9.3 Chargeback and Payment Disputes:
The Guest acknowledges that charges properly imposed under this Agreement for damages, smoking remediation, missing items, unpaid balances, policy breaches, or other authorised costs are valid contractual charges. The Guest agrees not to initiate a chargeback or payment dispute in bad faith and acknowledges that the Property may provide this Agreement, photographs, inspection reports, invoices, CCTV records, correspondence, and other supporting evidence to financial institutions or dispute resolution bodies when defending any payment dispute.
9.4 Unclaimed Property Disposal:
Personal items left behind by guests will be held in storage for a maximum of 30 days. Management will attempt to contact the Guest via the email on file. If the items are not claimed, and shipping costs are not prepaid by the guest within 30 days, the Property reserves the right to donate, discard, or sell the property to clear storage space.
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10. NEW ZEALAND STATUTORY COMPLIANCE AND GOVERNING LAW
10.1 Consumer Guarantees Act (CGA) Protection:
Nothing in these Terms excludes, restricts, or limits rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 where those rights cannot legally be excluded. Where services are acquired for business purposes, the parties agree those protections may be contracted out of in accordance with section 43 of the Consumer Guarantees Act 1993 and section 5D of the Fair Trading Act 1986
10.2 Business-to-Business Contracting Out
Pursuant to section 43 of the Consumer Guarantees Act 1993 and section 5D of the Fair Trading Act 1986, where accommodation, estate buyout, retreat, corporate, or event services are acquired for the purposes of a business, the parties agree to contract out of the CGA to the extent permitted under section 43:
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the Consumer Guarantees Act 1993 does not apply; and
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the rights and remedies under the Consumer Guarantees Act 1993 are excluded to the extent permitted by section 43 of that Act; and to the extent permitted by law and where it is fair and reasonable for the parties to do so.
10.3 Severability:
If any single clause, sentence, or provision of this Agreement is found to be invalid, illegal, or unenforceable by a New Zealand court of law, that specific section will be severed, and the remainder of this contract will continue to be fully active, valid, and legally binding.
10.4 Governing Law and Jurisdiction:
This contract, its interpretation, and any legal disputes arising from a stay are governed exclusively by the laws of New Zealand.Both parties submit to the exclusive jurisdiction of the New Zealand courts.
10.5 Prevailing Language Control:
If these terms are translated into another language for international guests (via website plugins or third-party engines), the English language version of this text remains the definitive and legally binding document in any dispute.
10.6 Tiered Operational Definitions:
Spirit (Residential Stays): Private, individual, or small-group residential bookings focused on restorative stays, governed by the standard terms above.
Thought (Corporate/Estate Buyouts): Professional bookings for business, retreats, or strategy workshops, where the B2B Contracting Out clause (10.2) applies.
Connection (Events/Large Groups): Large-scale gatherings, weddings, or events exceeding standard residential capacity, subject to the additional event infrastructure requirements and security bond mandates outlined in Section 8.