General Terms & Conditions for Fergusson's Motor Lodge

The following General Terms and Conditions apply to rental contracts for motel accommodation as well as to further services and deliveries provided by Fergusson's Motor Lodge (herein after referred to as the "Motel") for the guest. By making a booking the guest accepts the terms and conditions set out below.

(A) Occupation of accommodation booked.

a) Subletting and re-letting of the Units booked as well as the use of units for any other purpose than accommodation is prohibited without the consent in writing of the Motel sought and obtained before the booking is confirmed. In the event that the Motel is satisfied that such subletting or reletting has occurred or is occurring then clause E(c) of these terms shall apply and the motel may require the occupants to leave. The booking guest shall remain liable for the rental to the date of cancellation.

b) Use of the unit booked is limited to the number and identity of occupants advised and agreed to by the Motel at the time the booking is accepted.

c) All guests under the age of 18 must be accompanied by a responsible adult such as a parent, step-parent, or legal guardian or other adults who has parental rights and responsibilities for the under 18 old guest, this person must staying in the same booked room with the under 18 year old guest. No children under the age of 14 can be left alone or unattended on the motel property under New Zealand law.

(B) Conclusion of the Contract, Contracting Parties, Contract Liabilities

a) The contract between the Motel and the guest becomes binding on the guest when the motel advises acceptance of a booking request. The motel may confirm a booking by text message or email to the guests contact or by telephone or by direct verbal communication.

b) The Contracting parties are the motel and the guest making the booking. If a third party makes a booking or orders services on account of the guest, the third party by so doing agrees to be jointly and severally liable with the guest for all the contractual obligations of the guest's booking.

c) The motel accepts each booking on the basis that upon request the motel may require photographic identification of any guest booking into the motel and may at its discretion collect and record guest's motor vehicle details.

d) In addition to any unit rental payable the motel may at its discretion at the time of booking or upon arrival of the guest request a bond of 100% of the unit rental, refundable to the guest on departure, once the motel confirms on inspection of the unit that there is no damage to or pilfering from the booked unit.

e) Notwithstanding an accepted booking the motel reserves the right at any time to refuse entry and/ or exclude any person from the unit or the motel complex whose sobriety, behaviour or attitude is such as, in the opinion of the motel management, likely to unfairly prejudice the right to quiet enjoyment of other guests, or to cause an affray, or whose behaviour is threatening or likely to cause intimidation to staff, management or other guests. Such period of exclusion shall be permanent or for such time as management of the Motel determine is necessary. Such exclusion shall not cease any contractual obligation for unit rental for the period booked.

(C) Service, Price, Payment, Invoicing

a) Each booking is accepted on the basis that on the day of commencement guest check in time is not before 2pm. The Motel undertakes that except in extraordinary circumstances the guest's booked unit will be available from that time. An early "Check in" may be available if the Motel is given prior notice on booking the accommodation, but in such case will incur an additional charge of 25% of the room rate. Booking enquiry which would require utilisation of that unit (the enquiry), then the motel will request the guest to immediately waive the right of cancellation and confirm the booking. If the guest has not done so within 24 hours of notification, the motel on its part shall have the right to cancel the contract and accept the enquiry as a booking for the unit.

b) The motel has the right to cancel a booking where force majeure applies due to earthquake, fire flood, pandemic, or loss of electrical or water supply or other circumstances beyond the control of the motel which makes fulfilment of booking contract impossible.

c) The motel may cancel a booking where units are booked on the basis of misleading or false statements regarding the occupant/guest or the purpose of use.

d) Where cancellation is intended or necessary the motel will inform the guest without delay. Cancellation under this clause 4 shall not give the guest any right to compensation or damages but no liability for the cost of booked accommodation thereby not provided shall arise.

e) All account payments are due for payment on the 15th of the following month. Payment not made within the time frame given, will incur, an additional $200 late payment administration charge to each invoice outstanding, 10 days after the payment date. If the initial additional charge has still not been paid within a second period of 10 days a second administration charge of $1000 will be charged. If after a period of an additional 10 days and the debtor has not settled the account in full, the said debtor, will be referred to debit collection service with all the fees paid by the debtor.

f) The Motels cancellation policy is 72 hours notice, failure to adhere to this will result in full payment.

g) If the guest has booked through an online travel agent the payment for the accommodation will be taken 72 hours before arrival. No payment will result in the accommodation being cancelled.

(D) Smoking and Animals

a) Smoking policy The Motel has a NO Smoking Policy within any of the units. Should this request be ignored then you will pay in addition to the rental for the unit the full costs of commercial cleaning of the unit, including all drapes and bedding so as to restore the unit to smoke free status. This charge will be $200.00 for a Studio unit, $300.00 for a 1 Bedroom unit and $400.00 for a 2 Bedroom Unit. Our no smoking policy includes the use of vapes and e-cigarettes.

b) The motel allows pets on the complex accommodated by the guest outside, but has a strict "no pets" policy about pets entering the units under any circumstances. If this policy is ignored and pets are allowed into a unit then you agree to pay in addition to the rental for the unit the full cost of commercial cleaning of the unit, including all drapes and bedding so as to restore the unit to animal odour free status. This charge will be $200.00 for a Studio unit, $300.00 for a 1 Bedroom unit and $400.00 for a 2 Bedroom unit.

c) The Motel reserves the right to require the removal of any pet or animal from the complex where its behaviour or noise causes disturbance or distress to other guests. It is the guest's obligation to control their pets.

d) The motel will allow into the rooms and service dogs.

(E) Use of Rooms, Service and Return and Damage

a) Unless agreed by the Motel at the time of booking the allocation of units in the complex within the category of unit required by the booking received will be for the motel to determine so as best to utilise the premises efficiently. No guest can claim the use of a particular unit on check-in.

b) Guests must vacate units on the day of departure on or before 10am. Where the unit is vacated after this time the motel has the right to charge 50% of the daily unit rate for the additional use of the unit until 6 pm. A late check-out can be arranged at the time of booking. Any check out occurring later than 6pm will incur an additional full days room rate.

c) Where any damage is done to the unit during the guest's stay the cost of repair will be charged to the Guest and will be payable either in cash on departure or if discovered after departure within 7 days of the receipt of an invoice by the guest. Unpaid damage invoices will bear interest at 10% per month until paid.

(F) Liability of the Motel

a) The Motel shall not be liable for any damage to any vehicles that a guest may park on the motel complex. All vehicles are parked at the owner's risk. All guests' visitors must park in the designated parking areas on Peel Street.

b) The Motel provides each guest with an unique unit key. Security of the guests belongings in the unit is the responsibility of the guest. Management advises the guest that a motel unit is not a suitable storage place for valuable movable items to be left unattended.

c) Messages, correspondence and small; package consignments for guests will be handled with due care and stored in the motel office until claimed by the guest, or on the guest's behalf by a person with proper authority and identification.

d) If prior arrangements are made the motel will arrange for delivery, storage and (if requested) forwarding of correspondence or small packages at the guest's cost. All such services will at all times be at the guest's risk in all things and the Motel shall have no liability for loss, non-delivery or damage to any message, correspondence or small package.

e) Serving of food & beverage - Where the Motel agrees to supply breakfast or other food or beverage it shall have no liability to the guest for any guest allergic reaction which might arise. If a guest has particular allergies it is the guest's responsibility to ensure that the food they consume on the premises is appropriate to their condition.

(G) Variation to these terms and conditions

a) The motel has the right to change these terms and conditions at any time without consent of the guest.

b) Where these terms are varied at a time after a booking is made, but before commencement of the guest's stay, then any varied terms shall not apply to the guest's stay unless the Motel has drawn these variations to the guests attention within an acceptable period.