Rental Agreement & House Rules
Muirs Reef Lodge
Welcome
Welcome to Muirs Reef Lodge.
Muirs Reef Lodge is a privately owned luxury retreat situated on the 670-hectare Muirs Reef Estate overlooking Lake Taupo. Our aim is to provide every guest with an exceptional experience in a peaceful, private and immaculately maintained environment.
This Rental Agreement and House Rules have been developed to protect the privacy, safety and enjoyment of all guests, preserve the quality of the property, and maintain the high standards expected by everyone who stays at Muirs Reef Lodge.
By confirming a reservation, the Lead Guest acknowledges that they have read, understood and agree to comply with this Rental Agreement, these House Rules, any Pre-Arrival Requirements, and the applicable terms and conditions of the booking platform or website through which the reservation was made.
Failure to comply with this Agreement may result in additional charges, cancellation of the reservation, immediate termination of the stay without refund where permitted by this Agreement or applicable law, recovery of losses or damages suffered by the Host, and any other remedies available to the Host.
Thank you for helping us preserve the unique experience that Muirs Reef Lodge offers. We look forward to welcoming you.
1. Terms of the Agreement
1.1 These terms apply when the Host offers to rent the property ("the Holiday House") to a renter ("the Renter"). Under this Agreement, the Host agrees to rent the Holiday House to the Renter, and the Renter agrees to rent the Holiday House from the Host on the terms set out in this Agreement.
The Renter is also bound by any additional booking conditions, House Rules, Pre-Arrival Requirements, security deposits and any other conditions accepted as part of the reservation.
1.2 Where applicable, the terms and conditions of the booking platform or website through which the reservation was made also form part of this Agreement.
2. Bookings, Cancellations and Alterations
2.1 A reservation is made when the Renter books directly with the Host or through a booking platform or website, the Host accepts the reservation, and the required payment is successfully processed. Confirmation will be provided once the reservation has been accepted.
2.2 The Host may specify additional conditions relating to the reservation, including but not limited to occupancy limits, pets, security deposits, cleaning requirements, use of facilities and additional fees. These additional conditions form part of this Agreement.
2.3 Subject to the applicable cancellation policy, once a reservation has been confirmed the Renter remains liable for the full Rental together with any applicable fees or additional charges.
2.4 Cancellation policies are those applicable to the booking platform or website through which the reservation was made and are accepted by the Renter at the time of booking.
2.5 Any request to alter a reservation is subject to the policies and conditions of the applicable booking platform or website.
3. Damage
3.1 The Renter is responsible for all loss, breakage, damage or destruction to the Holiday House, its contents, fixtures, fittings, furnishings, equipment, surrounding property or neighbouring property occurring during the reservation, whether caused by the Renter, members of their party, visitors or invitees.
The Renter agrees to indemnify the Host against all direct and indirect losses, damages, costs, expenses, fines, charges and claims arising from any breach of this Agreement or damage occurring during the reservation, including but not limited to:
Where permitted, the Renter authorises the Host to recover these costs through the booking platform or by any other lawful means.
4. Occupation of the Holiday House
4.1 The number of persons occupying the Holiday House must not exceed the maximum number specified in the reservation confirmation or the advertised maximum occupancy, whichever is lower.
4.2 Smoking and vaping are strictly prohibited inside the Holiday House.
Smoking or vaping is permitted only outside on paved areas. All cigarette butts, ash and associated rubbish must be disposed of safely, and guests must ensure smoking materials do not create a fire risk.
4.3 The Host may enter the Holiday House or surrounding property to inspect the premises, carry out repairs, undertake maintenance, or investigate a suspected breach of this Agreement. Wherever reasonably practicable, at least one hour's notice will be given by telephone, in writing, or through the booking platform messaging system.
As the Holiday House is situated on a larger rural property, the Host, staff or contractors may be present elsewhere on the estate or private driveway from time to time.
4.4 The Holiday House will be available from 3:00 pm on the day of arrival and must be vacated by 10:00 am on the day of departure.
Checkout time is strictly enforced because cleaning staff are scheduled well in advance and sufficient time is required to prepare the Holiday House for incoming guests.
Unless otherwise agreed by the Host in writing at least 24 hours before departure, late checkout fees apply as follows:
These charges may be recovered through the booking platform or by any other lawful means.
4.5 The Host accepts no responsibility for loss of or damage to the personal belongings of the Renter or any member of the Renter's party, nor for personal injury except where liability cannot lawfully be excluded.
4.6 Parties, events and unauthorised gatherings are strictly prohibited.
Where the Host reasonably believes this condition has been breached, or where excessive noise, disorderly behaviour or unlawful activity occurs, the Host may require all occupants and visitors to leave the property immediately without refund where permitted by this Agreement, the booking platform's policies or applicable law.
The Host also reserves the right to recover any losses, damages or additional costs arising from such breach.
4.7 Pets are not permitted anywhere on the property unless the Host has given prior written approval.
4.8 Fireworks are strictly prohibited anywhere on the property.
The outdoor Flare Fire may only be used during calm conditions. The spark screen must remain in place whenever the fire is lit, and the fire must never be left unattended.
4.9 Children under 13 years of age are not permitted to stay at the property.
All children must remain under the supervision of a responsible adult at all times.
The Lead Guest must be at least 25 years of age at the time of booking, and at least one guest aged 25 years or older must remain at the property throughout the reservation.
5. Additional Facilities Available in the Holiday House
5.1 Any additional facilities, amenities or recreational equipment provided by the Host for use by the Renter or the Renter's guests are used entirely at the Renter's own risk. To the maximum extent permitted by law, the Host accepts no responsibility for any loss, damage or injury arising from their use.
6. Limitation of Liability
6.1 Each party's liability under this Agreement is limited to the value of the Rental and any other charges payable under this Agreement.
To the maximum extent permitted by law, the Host shall not be liable for any indirect, consequential or special loss or damage of any kind, however arising, whether or not the Host has been advised of the possibility of such loss or damage.
6.2 The limitation of liability contained in clause 6.1 does not apply to the Renter's obligations under clause 3 (Damage), clause 4.6 (Parties, Events and Unauthorised Gatherings), clause 9 (Insurance), or any other indemnity given by the Renter under this Agreement.
7. Complaints
7.1 If the Renter has any complaint regarding the Holiday House or their stay, it must be reported to the Host as soon as reasonably practicable after it becomes apparent.
The Renter agrees to give the Host a reasonable opportunity to investigate the complaint and, where appropriate, remedy the issue during the reservation before seeking any other remedy.
8. Arbitration
8.1 Should any dispute arise between the Host and the Renter that cannot be resolved by discussion between the parties, the dispute shall be referred to an arbitrator agreed upon by both parties or, failing agreement, to an arbitrator appointed by the President of the Arbitrators' and Mediators' Institute of New Zealand (or its successor).
The arbitration shall be conducted in accordance with the Arbitration Act 1996, and the arbitrator's decision shall be final and binding on both parties.
9. Insurance
9.1 The Renter undertakes that they will not do, permit to be done, or omit to do, anything that does or may invalidate, prejudice or adversely affect any insurance policy held by the Host in respect of the Holiday House, its contents or the surrounding property.
9.2 The Renter agrees to indemnify the Host against all losses, damages, costs and expenses suffered by the Host as a consequence of the Renter's breach of clause 9.1.
This obligation is in addition to the Renter's obligations under clause 3 (Damage) and any other rights or remedies available to the Host under this Agreement or at law.
10. Privacy Act 2020
10.1 Personal information collected by the Host about the Renter will be used for the purposes of administering reservations, operating the Holiday House, complying with insurance requirements, recovering amounts owing under this Agreement, complying with legal obligations, and otherwise carrying out the Host's obligations under this Agreement.
The Renter authorises the Host to collect, use and disclose that information where reasonably necessary to insurers, booking platforms, property managers, accountants, lawyers, credit reporting agencies, debt collection agencies and other professional advisers.
Where the Renter defaults on any payment or obligation under this Agreement, the Host may disclose relevant information to a credit reporting agency or debt collection agency in accordance with the Privacy Act 2020.
11. Consumer Guarantees Act 1993
11.1 By confirming this reservation the Lead Guest confirms, to the extent permitted by the Consumer Guarantees Act 1993 and any other applicable law, the Host and the Lead Guest agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to this Agreement where the parties are legally entitled to contract out of that Act.
12. Residential Tenancies Act 1986
12.1 The Host and the Renter agree that the reservation is for short-term holiday accommodation only, will not exceed 28 consecutive days, and that this Agreement is not subject to the Residential Tenancies Act 1986, including any amendments or replacement legislation.
13. Force Majeure
13.1 Neither the Host nor the Renter shall be liable to the other where such liability arises from circumstances beyond that party's reasonable control, including, but not limited to, natural disasters, severe weather events, fire, flood, earthquake, pandemic, government action, utility failure or any other event beyond that party's reasonable control.
14. Guest Verification
14.1 Guest verification may be required before check-in unless the Host is satisfied that the booking platform has already completed an equivalent verification process.
Guest verification assists the Host to comply with insurance requirements, reduce fraudulent bookings, comply with applicable short-term accommodation regulations and protect the Holiday House.
The Lead Guest may be required to provide:
Failure to provide the requested information within seven days of the reservation being confirmed, or prior to arrival (whichever occurs earlier), may result in cancellation of the reservation where permitted by this Agreement, the booking platform's policies or applicable law.
15. Security
15.1 Several security cameras are installed externally around the Holiday House. They are clearly visible to guests and monitor external areas only. There are no security cameras inside the Holiday House or overlooking the private outdoor stone baths.
The cameras are installed to help protect the property while vacant, monitor unauthorised parties, gatherings, additional guests and vehicles, and assist in investigating security incidents.
If more than one vehicle will be at the property, the Renter must provide the registration number of each additional vehicle to the Host at least 24 hours before check-in where reasonably practicable.
The Holiday House also contains electronic monitoring devices that detect excessive noise levels consistent with parties or events and detect smoking or vaping inside the Holiday House. These devices do not record conversations or audio.
Any deliberate interference with, disconnection of, obstruction of, relocation of or damage to any security camera or monitoring device constitutes a breach of this Agreement.
Where a monitoring device indicates a serious breach of this Agreement, or where any security device has been intentionally tampered with, the Host reserves the right to attend the property immediately to investigate and, where appropriate, require all occupants and visitors to vacate the property immediately without refund where permitted by this Agreement, the booking platform's policies or applicable law.
16. Lady Kitchener Wood Burner
16.1 To safely light the Lady Kitchener wood burner:
Firelighters and the lighter are stored in the top pantry cupboard. Please keep these items out of the reach of children.
The wood burner must not be operated with the door open except during the initial lighting procedure described above. Never leave the fire unattended while the door remains unlatched.
17. Rural Property Information
17.1 Muirs Reef Lodge is situated approximately 5 km from Kinloch Beach in a peaceful rural setting. Although the lodge is only a short drive from Kinloch Village, it is not located within the township.
The property is accessed via an approximately 1.5 km private driveway surfaced with compacted recycled road millings. While suitable for normal passenger vehicles, guests should expect a rural driveway rather than a sealed urban road.
The lodge occupies an elevated position above Kinloch and enjoys expansive views across Lake Taupo and the surrounding countryside. Its privacy, tranquillity and rural setting are among its defining features.
Guests seeking accommodation within the township or within walking distance of shops, cafés and other services may find this property unsuitable.
18. Severability
18.1 If any provision of this Agreement is held by a court or tribunal of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be severed to the minimum extent necessary, and the remainder of this Agreement shall continue in full force and effect.
Acceptance of this Agreement
By confirming a reservation, the Lead Guest acknowledges that they have read, understood and agree to comply with this Rental Agreement, the House Rules, any Pre-Arrival Requirements, and the applicable terms and conditions of the booking platform or website through which the reservation was made.
The Lead Guest accepts responsibility for ensuring that every member of their party, together with any permitted visitors, complies with this Agreement throughout the reservation. The Lead Guest also warrants that they have the authority to accept this Agreement on behalf of every person included in the reservation.
Failure to comply with this Agreement may result in additional charges, cancellation of the reservation, immediate termination of the stay without refund where permitted, recovery of any losses or damages suffered by the Host, and any other remedies available to the Host under this Agreement or at law.
The Host reserves the right to amend this Agreement from time to time. The version in force at the time a reservation is confirmed shall apply to that reservation.