Owner Management Terms and Conditions

South Stays Ltd

These Terms and Conditions set out the standard basis on which South Stays Ltd manages properties for short-term holiday and visitor accommodation in New Zealand.

The relevant owner or owners are referred to collectively as the Owner. The property identified in the Management Agreement is referred to as the Property. South Stays Ltd is referred to as South Stays.

The individual Management Agreement and its schedules record the Owner's details, the Property details, agreed authorities, preferences and signatures.

1. Appointment

The Owner appoints South Stays as the exclusive manager and booking agent for the Property for the term of the Management Agreement.

South Stays will manage the Property for short-term holiday and visitor accommodation. The arrangement does not create a residential tenancy between South Stays and the Owner, or between South Stays and any guest.

South Stays acts as the Owner's agent when arranging guest stays, collecting booking revenue, engaging contractors and providing the services authorised under the Management Agreement.

2. Management services

South Stays may:

  • prepare, publish and maintain Property listings;

  • advertise through the South Stays website and selected booking platforms;

  • set pricing and booking conditions;

  • manage availability, reservations and guest communications;

  • collect guest payments and coordinate arrivals and departures;

  • arrange cleaning, linen and Property preparation;

  • carry out or arrange post-stay checks;

  • coordinate minor repairs, maintenance and supplies;

  • handle reasonable guest complaints, refunds and booking issues;

  • prepare monthly owner statements and payments; and

  • take other reasonable steps required for the day-to-day operation and protection of the Property.

South Stays does not guarantee any particular occupancy level, nightly rate, booking income, guest conduct or financial return.

3. Exclusivity and booking control

All paid short-term stays at the Property must be arranged, recorded and managed through South Stays' approved booking system.

The Owner must not:

  • appoint another short-term rental manager or booking agent;

  • advertise or offer the Property independently for paid short-term accommodation;

  • accept direct payment from any person for staying at the Property;

  • encourage a guest or enquiry obtained through South Stays or a booking platform to book privately; or

  • block dates as Owner Use when the Property is actually being supplied to a paying guest.

Direct booking enquiries received by the Owner must be referred to South Stays. Genuine non-paying Owner Use is permitted under section 8.

If a paid stay occurs outside the approved booking system in breach of these Terms, South Stays may charge its normal management fee on the reasonable market value of that stay, together with any costs incurred.

4. Pricing and booking authority

The Owner authorises South Stays to set and adjust nightly rates, minimum and maximum stay requirements, seasonal pricing, reasonable promotional discounts, cleaning and linen charges, pet and other guest charges, and cancellation and booking conditions.

South Stays may use dynamic pricing software and professional judgement. Any agreed pricing restriction or minimum acceptable rate must be recorded in writing.

South Stays may decline or cancel a booking where reasonably necessary for safety, fraud prevention, Property protection, platform compliance or operational reasons.

5. Fees

The Owner will pay:

  • an onboarding fee of $250 plus GST; and

  • a management fee of 25% including GST.

Unless otherwise agreed in writing, the management fee is calculated on accommodation revenue received for guest stays after booking-platform commission or service fees have been deducted.

The management fee is not charged on separately itemised guest cleaning and linen charges, refundable security deposits, amounts collected solely to reimburse damage or additional guest costs, or genuine non-paying Owner Use.

South Stays may deduct its fees and authorised Property expenses from money collected on the Owner's behalf. If booking revenue is insufficient, South Stays may invoice the Owner for the outstanding amount.

6. GST and tax information

The Owner must provide the GST and IRD information requested by South Stays and promptly advise South Stays of any change.

The Owner remains responsible for obtaining independent tax and accounting advice, determining registration obligations, filing returns, paying taxes relating to the Property and checking the tax treatment shown in owner statements.

South Stays may apply the GST treatment required by law and by the relevant booking platform. Online marketplace GST rules may apply differently depending on the Owner's GST status.

South Stays may securely collect, store and use the Owner's IRD and GST information for accounting, reporting, legal compliance and management of the Property, and disclose it where reasonably necessary or required by law.

7. Statements and owner payments

South Stays will normally send the Owner a monthly statement by the 2nd day of the following month and pay the net amount shown as payable on the 5th day of that month.

If either date falls on a weekend or public holiday, processing may occur on the next business day.

Payments are subject to cleared funds, refunds, chargebacks, platform adjustments, deduction of fees and Property expenses, and receipt of correct bank and tax information.

South Stays may correct errors or late platform adjustments in a subsequent statement. The Owner must notify South Stays of an apparent statement error within 30 days.

8. Owner use and personal guests

The Owner may make fair and reasonable personal use of the Property, subject to existing bookings and the operational needs of the Property. Owner Use includes non-paying stays by the Owner and stays provided without charge to family members or personal guests.

Owner Use must:

  • be requested through South Stays or entered through the agreed owner booking process;

  • be confirmed before travel arrangements are made;

  • not displace an existing booking;

  • finish with checkout by 10.00am on the departure date; and

  • be reasonable in frequency and duration, particularly during peak-demand periods.

The Owner should give as much notice as reasonably possible. South Stays may discuss alternative dates where requested Owner Use would materially affect bookings, operations or peak-season availability.

No management commission is charged for genuine non-paying Owner Use. Cleaning and linen services are charged at the same rates that apply to guest stays.

South Stays' hired linen will normally be used for Owner Use. For a stay of seven days or longer, hired linen will be removed before the stay and the Owner must supply, launder and remove or store their own linen.

A standard departure clean will be arranged after every Owner Use stay. The Owner and personal guests must comply with occupancy limits, checkout requirements and applicable Property rules.

9. Confirmed bookings and Owner cancellations

The Owner must honour all confirmed bookings, including bookings extending beyond a notice of termination, and must consult South Stays before making the Property unavailable.

If a booking is cancelled because of the Owner's action, instruction or failure to keep the Property available, the Owner is responsible for platform cancellation charges, guest refunds or compensation, reasonable relocation expenses, lost management fees and other direct costs reasonably incurred by South Stays.

This does not apply to the extent cancellation results from an insured event, emergency or circumstance genuinely beyond the Owner's reasonable control, although uninsured costs may remain the Owner's responsibility.

10. Property standards and Owner responsibilities

The Owner must:

  • provide the Property in a safe, clean, secure and guest-ready condition;

  • supply suitable furnishings and amenities for the advertised occupancy;

  • maintain continuous essential and advertised services;

  • ensure appliances, heating, fireplaces and gas equipment are safe;

  • disclose known hazards and operating information;

  • secure or remove valuable or sentimental items;

  • provide access items and owner storage;

  • comply with applicable laws, bylaws, title restrictions, body corporate rules and consent requirements; and

  • promptly notify South Stays of anything affecting the Property's safety, availability, ownership or suitability.

South Stays may suspend bookings if it reasonably considers the Property unsafe, non-compliant, inadequately presented or materially different from its listing.

11. Cleaning, linen and consumables

South Stays may appoint cleaners, linen providers and other service providers for the Property.

The Owner is responsible for initial cleaning and preparation, periodic deep or spring cleaning, replacing bedding and protective items due to ordinary wear or deterioration, carpet, window, oven and specialist cleaning, rubbish removal beyond ordinary guest use, and maintaining adequate household and guest consumables.

South Stays will monitor consumables during normal operations and advise the Owner when additional supplies are needed.

South Stays may arrange necessary cleaning without prior approval where required to prepare the Property for an imminent booking.

12. Repairs, maintenance and emergency authority

South Stays may arrange routine repairs, maintenance, replacement items and supplies costing up to $250 plus GST per item or incident without prior approval.

Approval will be sought above that amount except where immediate action is reasonably required to protect people or the Property, prevent further damage, restore an essential or advertised service, meet an imminent guest obligation, or comply with a legal or safety requirement.

The Owner authorises South Stays to order, exchange or refill LPG gas bottles where applicable, without prior approval, and to deduct the cost from booking revenue or invoice the Owner.

South Stays may engage suitably experienced contractors and service providers on the Owner's behalf and will take reasonable care when selecting and instructing them. Concerns about completed work should be reported promptly so South Stays can follow them up with the contractor.

South Stays is not required to advance its own money for Property expenses.

13. Damage, missing items and guest claims

South Stays will take reasonable steps to identify significant guest damage, obtain supporting evidence and pursue available claims through the guest, booking platform, security deposit or insurance process.

South Stays does not guarantee that a guest, platform or insurer will accept or pay a claim. Ordinary wear and tear, gradual deterioration and routine replacement remain the Owner's responsibility.

The Owner authorises South Stays to negotiate and settle minor guest damage claims where the proposed settlement is reasonable and does not exceed $250 plus GST.

14. Guest complaints, refunds and chargebacks

South Stays may provide a reasonable refund, credit, discount or other remedy where necessary to resolve a legitimate complaint, comply with consumer law or platform rules, address failure of an advertised amenity, or reduce the risk of a larger claim, chargeback or cancellation.

Refunds, chargebacks and compensation relating to the Property may be deducted from current or future amounts payable to the Owner.

15. Insurance

The Owner must maintain appropriate building, contents and short-term accommodation insurance throughout the Management Agreement and warrants that the insurer has been fully informed of the Property's paid short-term visitor use.

The Owner must provide current evidence of cover and promptly notify South Stays of any cancellation, exclusion or material change.

South Stays may assist with a claim but is not responsible for arranging cover, confirming its adequacy or guaranteeing acceptance. The Owner is responsible for policy excesses unless recovered from a guest or other responsible party.

16. Fire safety and legal compliance

The Owner must ensure the Property complies with applicable fire-safety, building, health and safety, local authority and accommodation requirements and has properly located, operating smoke alarms and other safety equipment reasonably required for its layout and use.

The Owner authorises South Stays to arrange reasonable smoke-alarm checks, chimney cleaning, heat-pump servicing and other routine safety servicing at the Owner's cost.

Unless agreed in writing, South Stays is not responsible for determining whether the Property requires resource consent, building consent, change of use approval, an evacuation procedure or other regulatory approval.

17. Sale or change affecting the Property

The Owner must promptly notify South Stays if the Property is listed or intended for sale, becomes subject to a long-term tenancy or change of ownership, undergoes building work or may otherwise become unavailable.

Sale does not automatically cancel existing bookings or the Owner's obligations. The Owner must ensure a proposed purchaser is informed of confirmed bookings. South Stays may, with agreement, arrange transfer of management to the purchaser.

18. Records, privacy and digital systems

The Owner authorises South Stays to collect, hold and use personal and Property information reasonably required to perform the Management Agreement and to share relevant information with booking platforms, payment providers, accountants, cleaners, contractors, emergency services and government agencies where reasonably necessary or legally required.

South Stays may use electronic booking, pricing, communication, accounting and property-management systems.

Listings, written descriptions, photographs, pricing configurations, guest communication templates and operational systems created or paid for by South Stays remain South Stays' property unless agreed otherwise.

South Stays will handle personal information in accordance with applicable New Zealand privacy law.

19. Owner warranties and indemnity

The Owner warrants that they are the registered owner or have full authority to enter the Management Agreement, all supplied information is accurate, short-term accommodation is permitted, and the Property and supplied chattels are reasonably safe and fit for their intended use.

The Owner indemnifies South Stays against reasonable loss, liability or cost arising from a breach of the Owner's warranties or obligations, the physical condition or legal status of the Property, an undisclosed defect, hazard or restriction, or an Owner instruction, except to the extent caused by South Stays' negligence, unlawful conduct or breach of the Management Agreement.

20. South Stays' liability

South Stays will exercise reasonable care and skill when providing its services.

To the extent permitted by law, South Stays is not liable for:

  • guest default, theft, damage or misconduct that South Stays could not reasonably prevent;

  • platform failure, cyber incidents, payment-provider delays or third-party service interruptions outside its reasonable control;

  • loss of bookings, income or opportunity caused by events outside its reasonable control; or

  • acts or omissions of independent contractors where South Stays took reasonable care in their selection and instruction.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

21. Term and termination

The Management Agreement begins on the date it is signed by the last party and continues until terminated.

Either party may terminate by giving at least three months' written notice.

A party may terminate immediately if the other party commits a serious breach that cannot reasonably be remedied, fails to remedy another material breach within 10 working days after written notice, becomes insolvent, acts unlawfully or dishonestly in connection with the Property, or creates a serious risk to guests, the Property or the other party's reputation.

South Stays may suspend services or terminate immediately if the Owner directs unlawful action, fails to maintain essential insurance or Property safety, repeatedly bypasses the booking system or does not pay amounts due. During any notice period, the Management Agreement remains fully in effect.

22. Forward bookings following termination

Unless otherwise agreed in writing, confirmed bookings made before termination must be honoured.

South Stays may continue managing those bookings and the normal management fee remains payable, even where the stay occurs after the termination date. Alternatively, South Stays may agree to transfer bookings where the platform permits and the Owner or replacement manager accepts responsibility.

The Owner remains responsible for cancellation or relocation costs resulting from termination or a decision not to honour a confirmed booking.

Once all bookings, payments and outstanding matters are complete, South Stays will deactivate listings under its control and provide Owner-owned keys and records reasonably required for handover.

23. Dispute resolution

The parties will first try to resolve a dispute through good-faith discussion. If it is not resolved within 10 working days, either party may propose mediation.

Nothing prevents either party from seeking urgent court relief or using the Disputes Tribunal where applicable.

24. Notices

Notices may be delivered by email to the addresses recorded in the Management Agreement and are treated as received on the next working day unless the sender receives a delivery-failure notification.

Each party must promptly advise the other of changed contact details.

25. General terms

The Management Agreement and its schedules record the entire agreement concerning management of the Property. A material variation must be recorded in writing and accepted by both parties.

If part of the Management Agreement is invalid or unenforceable, the remaining provisions continue. Delay in enforcing a right does not waive it.

The Owner may not transfer the Management Agreement without South Stays' written consent.

The Management Agreement is governed by New Zealand law and may be accepted and signed electronically and in counterparts.