1. Parties and Definitions to this Agreement

1.1 HML”, for the purposes of this Agreement, shall mean Elbes Compliments Limited T/A Harbourside Motor Lodge, any person or entity acting for or on behalf of HML or with the permission or authority of HML.

1.2 “Customer” shall mean the customer, client or any person or entity acting for or on behalf of the Customer or with the permission or authority of the Customer as detailed on any quotation, estimate, tariff or notation as provided by HML to the Customer.

1.3 “Guarantor” shall mean any person (or persons) or entity who agrees to be held liable for the debts incurred by the Customer in the course of business between the Customer and HML on a principal debtor basis.

1.4 “Goods & Services” shall mean all goods, services or hire supplied by HML to the Customer.

1.5 “Price” shall mean the price payable for the goods, services and/or hire as agreed between HML and the Customer in accordance with clause 3 of this Contract.

2. Price & Payment

2.1 The price shall be as stated on the invoices written by HML to the Customer for goods and/or services as provided to the Customer.

2.2 Listed or quoted prices are subject to change without prior notice. Listed or quoted prices will be those current at the time of booking or service.

2.3 Time for payment for goods and services and/or third party fees will be stated on the quotation and/or invoice. If no time for payment is stated on the quotation or invoice then payment shall be due on delivery of the goods or service.

2.4 The Seller’s prices are exclusive of taxes, duties and other imposts which, if chargeable, are payable by the Buyer whether they are imposed or brought into force before or after acceptance of the Buyer’s order.

2.5 HML may request a deposit at the time of a booking being made. The Customer acknowledges that in the event that the accommodation booking is not completed, the Customer gives HML the right to deduct any costs incurred from the deposit (clause 4.1) paid before any refunds are given to the Customer.

2.6 The quoted price shall increase by the prevailing rate of GST or any other such taxes or duties that may be applicable where they have not been expressly included.

3. Goods and Services

3.1 The Goods and Services provided shall be as described on invoices, quotations, estimates or any other such form as provided by HML to the Customer.

4. Default and Consequences of Non-Payment

4.1 If the Customer defaults in payment of any invoice when due, the Customer shall pay all costs and disbursements incurred by HML in pursuing the debt, including legal costs of a solicitor and own client basis and HML’s collection agency costs or any other related costs of debt collection.

4.2 Interest on overdue or unpaid invoices shall accrue from the date when payment becomes due daily until the date payment is received, at a rate of 2.5% per calendar month. All interest shall compound monthly before and after any judgement made in favour of HML until payment is received in full.

4.3 ML at its discretion may suspend or terminate the supply of goods and/or services should the Customer at any time be in breach of any obligation to HML (including those relating to payment). HML will not be liable for any loss or damages the Customer has deemed to have suffered because HML has exercised its rights under this clause.

4.4 If any account remains overdue after thirty (30) days, then an amount of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) whichever is the greater, shall be charged for administration fees and shall become immediately due and payable.

4.5 Without prejudice to HML, HML shall be entitled to cancel all or any part of any Accommodation or Supply Agreement with the Customer which remains unfilled and all amounts owing to HML shall become immediately payable in the event that:

(a) Any money payable to HML becomes overdue of payment, or in HML’s opinion the Customer will be unable to meet its payment obligations as they become due; or

(b) The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) A receiver, liquidator, manager (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

5. Cancellations and Amendments

5.1 Should the Customer cancel or require an amendment to any confirmed booking the Customer agrees to pay a reasonable fee for any such alteration and any third party penalty, surcharge or cancellation fee incurred in relation to the cancelled or amended booking. Any such charge shall become immediately due for payment. The Customer agrees that HML shall deduct any such fee from any deposit paid by the Customer should a deposit be held by HML.

5.2 Where a refund is payable by HML or their suppliers, the parties agree the refund shall be the property of the person who has provided the consideration for the services. The refund will only be forwarded to that person by HML once HML has received it from its supplier(s).

5.3 The Customer agrees to pay all fees imposed by HML’s suppliers for the cancellation of any booking. The payment fee shall be due immediately.

5.4 Cancellation/Refund Policy: Cancellations up to seven days before the booked date incur no fee. Thereafter the deposit may be retained and the total amount for the booked accommodation may be charged. A flat fee deposit is required for online bookings; this fee is non refundable if cancelled after the required seven days notice. Special conditions apply to group quotations/reservations, where one months notice is required.

6. Damage to Rooms or Property

6.1 The Customer will be liable for any damage caused to the occupied room or property belonging to HML and shall pay the excess on any insurance claim made. Payment shall be due immediately and the Customer shall pay the costs as demanded by HML.

6.2 Should the Customer smoke or allow smoking in the Customers room, the Customer shall pay all costs in relation to cleaning and removing any odour from the room.

6.3 The Customer shall pay any lost hire that HML may incur caused by smoking or allowing smoking in the room.

7. Privacy Act 1993

7.1 The Customer and the Guarantor(s) (if any) authorise HML to:

(a) Collect, use and hold any information about the Customer, to enable the assessment of the Customer’s creditworthiness or directly marketing products and services to the Customer; and to disclose information about the Customer however collected by HML from any other party, to provide information to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.

(b) Where the Customer and/or Guarantors are an individual the authorities under clause 7.1 are authorities or consents for the purposes of the Privacy Act 1993.

7.2 The Customer and/or Guarantors have the right to request HML to provide a copy of the information about the Customer and/or Guarantors retained by Elbes Compliments Limited T/A Harbourside Motor Lodge and to request HML to correct any incorrect information about the Customer and/or Guarantors held by AElbes Compliments Limited T/A Harbourside Motor Lodge.

8. Errors and Omissions

8.1 Clerical errors or omissions, whether in computation or otherwise in any quotation, estimate acknowledgements or invoice, shall be subject to correction.

9. Disputes Resolution

9.1 All disputes and differences between the Customer and HML touching and concerning this Agreement shall be referred to arbitration under a single arbitrator agreed upon by both parties, or failing agreement, by two arbitrators (one to be appointed by each party) and their umpire (appointed by them prior to arbitration), such arbitration to be carried out in accordance with provisions of the Arbitration Act 1996.

10. Acceptance Of Terms Of Trade

10.1 Any engagement of HML’s Services including the supply of goods or services to the Customer shall constitute acceptance of the Terms and Conditions of Trade of HML by the Customer. Should more than one Customer enter into this Agreement the Customers shall be jointly and severally liable for payment in full of the Price.

11. General

11.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the existence, validity legality and enforceability of the remaining provisions shall not be prejudiced, affected or impaired.

11.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Courts of Nelson New Zealand or as directed by the Court.

11.3 HML shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by HML of these terms and conditions.

11.4 In the event of any breach of this contract by HML the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the contract price for Services provided and limited to the amount of monies paid to HML by the Customer in Part or Full whichever is the lesser amount.

11.5 The Customer shall not be entitled to setoff against or deduct from the Price any sums owed or claimed to be owed to the Customer by HML.

11.6 HML reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which HML notifies the Customer of such change.