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Mitchell Corp General Booking Terms & Conditions


Mitchell Corp NZ (2022) Ltd represents the following brands and programmes – Mainstay New Zealand Hotels, Golden Chain Accommodation, Go Kiwi Hotel Collection, Oceana Resorts & Apartments New Zealand, Select a Holiday Park, Select a B&B and Ezibed.com.


Reservation Procedures


All reservations for all properties within our portfolio can be made via email to the Mitchell Corp Central Reservations Office. Send your requests by email to: res@mchg.co.nz.

If your first preference of property is unavailable, our reservations office will confirm the best possible alternative and advise the details upon confirmation of booking.

Reservations and booking requests can also be made via our website using an individual log in and password. You will receive instant confirmations for each room night and property bookable within our accommodation programmes. You can access all bookings held by Mitchell Corp for your agency/organisation/tour operation and see the current status of those bookings. You can very simply cancel or add to these reservations.

Our Central Reservations Office hours are 9.00am to 4.30pm Monday to Friday (New Zealand local time). Weekends available on-call.

All reservations, amendments and cancellations are confirmed in hard copy. If you have not received this you should not assume the action required has been taken. This is particularly relevant to cancellations as it relates to our “No Show” policy.


Quoted Rates


The following specifications apply to all rates quoted in association with these terms and conditions:

Rates are nett/non-commissionable in New Zealand Dollars and inclusive of the Government’s Goods and Services Tax (GST) currently 15%. This is subject to change.

Rates are quoted in New Zealand Dollars and all accounts must be settled directly with the Hotel or Agent in New Zealand Dollars, unless specifically stated.

Rates may not apply to conferences and incentive groups or special events for which contracted rates and special terms and conditions are available on request.

Specific validity periods will be provided in conjunction with all rate quotations.

Mitchell Corp NZ (2022) Ltd reserves the right to amend quoted rates by notice in writing at any time.


Occupancy


Please refer to each properties individual website listing and/or the terms and conditions on your rate documents for occupancy details as room types do vary.


Child Policy


Go Kiwi Hotel Collection: the first child 12 years of age and under sharing with adults and using existing bedding is free of charge. After that extra person rates apply.

Golden Chain Accommodation & Oceana Resorts & Apartments: the first child under 2 years of age sharing with adults and using existing bedding is free of charge. After that extra person rates apply.

Select a Holiday Park: the first child under 1 years of age are FOC, each additional child aged 0-14 years the extra child rate applies.

There is no set child pricing for Select a B&B or Ezibed.com. Whether the property accepts children and what a property charges for children is at each property’s discretion.

Charges may apply if a cot or rollaway bed is required. This is payable direct and is additional to an accommodation charge.

Exceptions may apply to any of the above. Please refer to each properties individual website listing and/or the terms and conditions on your rate documents regarding children.

If a child’s age is not mentioned at time of booking, we will automatically process them as an adult.


Amendments


When an amendment notice is sent through, please state our initial reservation number, i.e.; 12-21333.

If the amendment is for a different date and is unavailable, your initial date will be cancelled. Please advise us if you would like the original dates kept.


Cancellations & No Show


Go Kiwi Hotel Collection: cancellation period is by 4.00pm 48 hours prior to the date of stay.

Golden Chain Accommodation: cancellation period is by 4.00pm 24 hours prior to the date of stay.

Select a Holiday Park & Oceana Resorts & Apartments: cancellation period is by 4.00pm 72 hours prior to the date of stay.

Select a B&B: cancellation period is 14 days prior to the date of stay.

Exceptions may apply to any of the above. Please refer to each properties individual website listing and/or the terms and conditions on your rate documents regarding cancellations and fees.

Ezibed.com: please refer to each property’s individual website listing.

If sending cancellations to our Central Reservations Office, please ensure you allow time for the cancellation to be received and passed on to the property.

Any last-minute cancellations should be made direct to the property to ensure a no-show fee is not charged. Please allow for weekends and any country time differences. If cancelling direct with the property please also copy our reservations team in so we may make the appropriate amendments to the clients booking.

If cancellation notification is not received in accordance with conditions, a no-show fee of the entire stay will apply.

If the guest decides to lengthen their stay, the guest can pay with cash or with credit card.

In the event of a No Show, the full fee for the entire stay will apply.


Refunds & Surcharges


Refunds may be subject to an administration fee by the issuing office.

We recommend confirming with our accounts department that no further charges are pending before issuing a refund.

The room type available at each property for the following programmes - Go Kiwi Hotel Collection, Golden Chain Accommodation, Select a Holiday Park and Select a B&B - is as stated in the rate document. If a higher room category is required, an additional charge (surcharge) is applicable, payable direct at the property.


Relocation Policy


If, for any reason, the property is unable to provide all or part of the accommodation reserved, it will immediately contact the Tour Operator and undertake every effort to secure comparable alternative accommodation.

The property will be responsible for any additional costs of accommodation exceeding those quoted by the property and for any additional transport costs.

The property will not be liable for any further claims by the Tour Operator relating to the relocation.


Group Bookings – FOC Policy


Where a group consists of 15 paying passengers occupying a minimum of 10 paying rooms, the 11th room will be provided free of charge for a bona fide escort or driver. Unless specifically stated.

Please refer to each property’s individual terms and conditions on your rate documents.


Group Bookings – Status Reports


60-Day Status Report:

The Tour Operator shall advise in writing of anticipated room and bed requirements no less than 60 days prior the reserved date of arrival.

30-Day Status Report:

The Tour Operator shall advise in writing of the final room and bed requirements no less than 30 days prior to the reserved date of arrival.

15-Day Status Report:

The Tour Operator shall advise in writing of the passengers names and sharing arrangements no less than 15 days prior to the reserved date of arrival.

Meal arrangements must also be finalised by the Tour Operator 15 days prior to the arrival of the group and thereafter can only be altered by the Tour Operator (not the Group Director or Escort).

Failure to provide the 30-day status report by the due date may result in cancellation of all space held.


Terms of Payment


All accommodation (and meals where appropriate) must be prepaid prior to the guest’s arrival, unless credit facilities have been approved by the Agent, such approval will be given in writing and must be received before the clients first night’s stay.

If credit facilities have not been approved, our office will issue you with pro-forma invoices which will be followed by standard invoices as your client travels. Non-receipt of either of these invoices will not prevent your forwarding payment for your clients before they travel.

The operator will pay the estimated amount of the total account by bank deposit, direct credit or credit card no less than 30 days prior to the reserved date of arrival at the property. (Payment via credit card will be subject to a 3% transaction fee).

The operator will pay any balance outstanding prior to arrival at the property.

Payment must be accompanied by a reconciliation showing a clear breakdown of what has been paid.

If payment is not received prior to the clients arrival, this may result in the booking being cancelled.

It is a term and condition of trade between us that in the event of non-payment of account outstanding 30 days after the due date for payment, such information may be disclosed to other parties within the tourism and hotel business and our bank and/or financial advisors.

Failure to adhere to our terms of payment may result in legal action being taken to recover outstanding debts; the cost of such action will be added to the accounts outstanding.


Operator/Organisation With Established Credit


Accounts will be sent throughout the month after guests have stayed. Goods/services are to be paid for in full no later than the date payable shown on the invoice and accompanied by a reconciliation showing a clear breakdown of what has been paid.

Queries on an invoice will not prevent payment of an invoice: please contact our accounts department direct, accounts@mchg.co.nz , should there be a query on an account resulting in short payment.

Accounts not paid on time can be placed on stop credit and reservations may only recommence when the account is brought up to date.

If you have a query on an invoice please contact accounts immediately, accounts@mchg.co.nz , so it may be resolved and payment forwarded.


Force Majeure


The Property, Agent and the Operator shall be excused performance of their respective obligations under this Agreement where circumstances amounting to "force majeure" occur for as long as such circumstances last and affect contractual performance as more particularly described in this clause.

For the purposes of this Agreement, "force majeure" shall mean unusual and unforeseeable events beyond the control of the party seeking to rely on them. Such events may include (by way of example and not by way of limitation) war, threat of war, civil strife, natural or nuclear disaster, fire, epidemics, severe bad weather, terrorist activity, governmental action, acts of God and all other similar events.


Termination


Any contract may be terminated without cause by Mitchell Corp or the property upon giving a three-month written notice to the other party.

Any contract may be terminated forthwith by the Operator:

in the event that the Agent is in material breach of any term of the Agreement; or

in the event that the Agent is insolvent, is unable to pay its debts when they fall due, has a Receiver or Administrator appointed to operate its business or if any step is taken under the insolvency procedures in the country where the Agent is situated relating to the finances of the Agents business; or

in the event that the Agent loses any license or permit that is required to enable it to trade.

Any termination under this clause, is strictly subject to the accrued rights of the parties, and is subject to the Agent co-operating with the Operator in connection with the passing of information, documents and records to the Operator or to any new agent appointed by the Operator to perform the Services in place of the Agent.


Jurisdiction


This Agreement will be governed by New Zealand law.


Disputes Resolution


The property, agent and tour operator acknowledge that they wish to avoid or minimise any differences or disputes under this agreement. They therefore agree that if any differences or disputes arise between them over the interpretation of these terms and conditions, or in relation to any other matter arising under this agreement, then they will actively, openly and in good faith, discuss that difference or dispute with a view to achieving a prompt resolution.

If the property and tour operator cannot resolve a difference or dispute then they will refer it to an expert whose appointment they shall have agreed upon. The expert, whose determination shall be final and binding on all parties, will endeavour to resolve the difference or dispute within seven (7) days of referral.

If the property and tour operator cannot agree on the appointment of an expert of whether a difference or dispute should be referred to mediation, then the particular difference or dispute shall be settled by reference to arbitration. The reference shall be to a single arbitrator if one can be agreed upon, or if not, to two arbitrators (one to be appointed by each party) and their umpire (appointed by them prior to their arbitration) such arbitration to be carried out in accordance with the current Arbitration Act.

Nothing in this clause shall prevent the property suing the tour operator for moneys outstanding to it by the tour operator in respect of goods or services supplied, or contract to be supplied, pursuant to these terms and conditions, in which case the Courts of New Zealand shall be the appropriate jurisdiction.


Waiver


The waiver by the property of any breach of any one or more terms contained in this agreement, will not be construed to be a waiver of any succeeding breach of such terms, or of any other terms.


Assignment


This agreement cannot be assigned by the tour operator.


Liability


The property will not be liable for any loss of any kind whatsoever suffered by the tour operator, arising from any breach of this agreement by the property or from any negligence, misrepresentation or other act or omission on the part of the property.

Notwithstanding anything else contained in this agreement, the liability of the property to the tour operator, whether in contract or in tort, in respect of all claims, will not in the aggregate exceed the cost of the accommodation.

The property and the tour operator acknowledge and agree that the current Consumer Guarantees Act has no application to this agreement between them.


Indemnity


The tour operator will indemnify the Hotel against all costs incurred and losses suffered by the property resulting from the acts or omission of the tour operator or the guests booked by the tour operator.


Definition and Interpretation


In this Agreement, the following expressions and words shall have the following meanings unless the context otherwise requires:


“Property” and “Agent” within this agreement may be interchangeable or apply to either one or both parties dependant on if Mitchell Corp (Agent) is involved or if the tour operator has transacted with the property direct, or perhaps a combination of the above.

“Mitchell Corp” and “Agent” in this Agreement refer to the same entity.

“this Agreement” means this Agreement including all schedules, appendices, amendments and additions whether attached to this Document or advised to the Operator in writing by the Agent or Hotel.

“Property” means the hotel, motel, apartment block, apartment, house or other accommodation building specified in the booking and/or tour schedule, agreed subsequently in writing between the parties or otherwise occupied by any Customers including the accommodation premises, any swimming pool(s), ancillary building(s), annex(es), all contents, fixtures and fittings, grounds, facilities and services (both inside and outside) available or accessible to any Customers.

“Arrangements” means the accommodation, meals, facilities, and other services (or any of them), as applicable, to be provided by or on behalf of the Agent pursuant to this Agreement or any other agreement between the parties.

“Customers” means the person(s) (or any of them) using the Arrangements pursuant to this Agreement.

“Services” means the provision of the Property, and Arrangements to Customers under this Agreement.

“All times” means all times the Arrangements are or are to be provided by or on behalf of the Agent.



Terms & Conditions are subject to change.