•These terms and conditions (Terms) are entered into between Booking Shaara Limited (we, us or our) and you (the Customer), together the Parties and each a Party.
•These Terms and Conditions govern the use of the online booking platform provided by Booking Shaara Limited and facilitated by our technology partner, Webrooms.
•We operate an online accommodation booking platform (Platform) that connects Accommodation Providers with customers by facilitating accommodation bookings.
•In these Terms, you or Customer means the person registered with us as a customer on the Platform, or the individual accessing or using the Platform.
2. Acceptance and Platform Licence
•You accept these Terms by completing the customer registration process, creating a Customer Account, and accepting these Terms on the Platform.
•You must be at least 18 years old to use the Platform.
•We may amend these Terms at any time by publishing the updated Terms on our website and updating the "Last updated" date accordingly. We will also provide written notice to you of any material changes. By continuing to use the Platform after 30 days from the date the updated Terms are published (or from the date of written notice, whichever is earlier), you agree to be bound by the amended Terms. We encourage you to review these Terms regularly to stay informed of any updates. If you do not agree to the amendment and it adversely affects your rights, you may terminate your Account with effect from the date of the change by providing written notice to us.
•Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
•When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including: (a) anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (b) using the Platform to defame, harass, threaten, menace or offend any person; (c) using the Platform for unlawful purposes; (d) interfering with any user of the Platform; (e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses); (f) using the Platform to send unsolicited electronic messages; (g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or (h) facilitating or assisting a third party to do any of the above acts.
3. Customer Accounts
•You must register on the Platform and create a customer account (Customer Account) to make accommodation bookings through the Platform.
•You may only have 1 Customer Account on the Platform.
•When registering for a Customer Account, you must provide your first name, middle name (optional), last name, phone number, location (town/city and region), and email address. You must also choose a password. At the time of registration, you must agree to these Terms and our Privacy Policy. Without agreeing, your Customer Account will not be created.
•You may subscribe or unsubscribe from promotional emails at any time by adjusting your email preferences in your Customer Account settings. All personal information you provide to us will be treated in accordance with our Privacy Policy and the Privacy Act 2020.
•You agree to provide and maintain up to date information in your Customer Account and to not share your Customer Account password with any other person. Your Customer Account is personal, and you must not transfer it to others.
•You are responsible for keeping your Customer Account details and your username and password confidential and you will be liable for all activity on your Customer Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Customer Account.
•We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.
4. Platform Summary
•The Platform is an online accommodation booking platform where Customers can search for, compare, and book accommodation offered by Accommodation Providers. The online booking system is provided by Booking Shaara Limited and facilitated by our technology partner, Webrooms.
•We provide and maintain the Platform and facilitate accommodation bookings and payment processing for booking deposits (together, the Booking Shaara Services). We are not a party to any accommodation agreement between a Customer and an Accommodation Provider.
5. Booking Process
•Browse & Book: Customers browse Accommodation Listings and make bookings through the Platform.
•Booking Fee: At the time of booking, Customers pay a non-refundable deposit and any applicable payment processing fees (together, the Booking Fee) to Booking Shaara in New Zealand dollars.
•Booking Confirmation: Once the Booking Fee has been processed and the reservation confirmed by the Accommodation Provider, a booking confirmation will be issued. The confirmation will include the Booking Fee paid and any remaining balance payable directly to the Accommodation Provider.
•Accommodation Provider Responsibility: Accommodation Providers are solely responsible for their listings, accommodation services, pricing, availability, and fulfilling confirmed bookings.
6. Payment and Fees
•The non-refundable booking deposit is payable at the time of booking and will not be refunded if the booking is cancelled at any time.
•Any applicable payment processing fees are also non-refundable.
•Any amendments to a booking may result in additional charges based on the accommodation rates available at the time the amendment is made. Additional transaction or payment processing fees may also apply where applicable.
•The remaining balance of the booking must be paid directly to the Accommodation Provider in accordance with their payment terms and conditions.
7. Charges for No-Shows
•If a guest fails to arrive at the Accommodation Provider on the confirmed check-in date and has not cancelled the booking within the applicable cancellation period, the remaining balance of the booking, together with any applicable payment processing fees, will be charged to the payment method on record and paid to the Accommodation Provider.
8. Refunds, Cancellations and Amendments
•All cancellations, amendments and refund requests are a matter between you and the Accommodation Provider. You must contact the Accommodation Provider directly regarding any cancellation, amendment or refund request relating to your booking.
•The non-refundable booking deposit and any applicable payment processing fees paid to Booking Shaara at the time of booking will not be refunded if the booking is cancelled, except where required by New Zealand law.
•The Accommodation Provider is solely responsible for: (a) determining and applying its own cancellation, amendment and refund policies; (b) processing any refunds that may be payable in relation to the remaining balance of your booking; (c) fulfilling your booking and providing the accommodation and related services; and (d) handling any disputes or issues relating to your booking or stay.
•If an Accommodation Provider approves a cancellation or refund, any refund of the remaining balance is the sole responsibility of the Accommodation Provider. Booking Shaara is not responsible for refunding any amounts paid directly to the Accommodation Provider.
•You have rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986 and other applicable New Zealand consumer laws. Where you are entitled to a remedy under those laws, the Accommodation Provider is responsible for providing that remedy directly to you.
•For disputes relating to cancellations, refunds, accommodation services or any other booking-related matter, we encourage you to resolve the matter directly and in good faith with the Accommodation Provider before pursuing formal legal action. Booking Shaara is not a party to disputes between Customers and Accommodation Providers.
•This clause survives the termination or expiry of these Terms.
9. Unavailable Bookings
•If an Accommodation Provider is unable to accept or honour your booking (including due to overbooking, property damage, maintenance issues, or any other reason), this is a matter between you and the Accommodation Provider. The Accommodation Provider is solely responsible for resolving the issue with you in accordance with its cancellation and refund policies as set out in the relevant Accommodation Listing, which may, at the Accommodation Provider's discretion, include a refund, rebooking, or alternative accommodation. Booking Shaara is not responsible for an Accommodation Provider's inability to honour a booking, sourcing or securing alternative accommodation, or any additional costs, losses, or expenses arising from the Accommodation Provider's inability to honour the booking.
10. Guest Responsibilities and Damages
•You are responsible for your conduct during your stay and for any loss of, or damage to, the accommodation, its contents, or facilities caused by you or anyone included in your booking. You may be charged directly by the Accommodation Provider for any damage, excessive cleaning, missing items, or other costs incurred as a result of your actions or the actions of your guests.
11. No Endorsement or Representation
•The Platform features accommodation listings provided by Accommodation Providers. The inclusion of an Accommodation Listing on the Platform does not constitute an endorsement, recommendation or guarantee by Booking Shaara.
•We do not verify, inspect or conduct background checks on Accommodation Providers or the accommodation and services they offer. Accommodation Providers are solely responsible for the accuracy of their Accommodation Listings, including descriptions, pricing, availability, amenities, images and policies.
•Any descriptions, photographs, pricing, availability, reviews or other content displayed on the Platform are provided by Accommodation Providers or third parties. We do not warrant the accuracy or completeness of such information.
•You are solely responsible for: (a) evaluating whether an accommodation is suitable for your needs before making a booking; (b) reading and understanding the Accommodation Provider's terms and conditions, including cancellation, amendment and refund policies; (c) making your own enquiries with the Accommodation Provider before making a booking if you have any questions or specific requirements.
•We recommend that you read reviews, check the Accommodation Provider's website and policies, and contact the Accommodation Provider directly if you require further information before making a booking.
•This clause survives the termination or expiry of these Terms.
12. Accommodation Listings and Terms
•Accommodation Providers are solely responsible for the accuracy and completeness of their Accommodation Listings, including accommodation descriptions, room types, pricing, availability, amenities, images, terms and conditions, cancellation policies, and any restrictions or limitations.
•By making a booking through the Platform, you agree to the terms and conditions set out in the relevant Accommodation Listing, together with these Terms and Conditions.
13. Privacy and Customer Information
•All personal information collected through the Platform is handled in accordance with our Privacy Policy.
•When you make a booking through the Platform, we will provide the Accommodation Provider with the information reasonably required to confirm and manage your booking, including your name, contact details, booking reference, stay dates, number of guests, room details, and any special requests you provide.
•We will only disclose your personal information to the Accommodation Provider and other third parties where necessary to facilitate your booking, process payments, comply with applicable laws, or as otherwise set out in our Privacy Policy.
14. Warranties
•You represent, warrant and agree that: (a) you will not use the Platform or Our Intellectual Property in any manner that competes with, or is intended to compete with, our business; (b) there are no legal restrictions preventing you from entering into these Terms; (c) all information and documentation you provide to us in connection with these Terms or any booking is true, accurate and complete.
•Subject to any rights you may have under applicable New Zealand consumer laws, we exclude all warranties, representations and guarantees, whether express or implied, to the maximum extent permitted by law. The Platform and the Booking Shaara Services are provided on an "as is" and "as available" basis, without any warranty of any kind, whether express, implied, statutory or otherwise.
15. Intellectual Property
•All intellectual property rights (including copyright) developed, adapted, modified or created by us or our personnel in connection with these Terms, the Platform, its content, software, systems and services (Our Intellectual Property) remain vested in, and are owned by, Booking Shaara Limited or its licensors.
•We grant you a limited, non-exclusive, non-transferable and revocable licence to use Our Intellectual Property solely for the purpose of accessing and using the Platform in accordance with these Terms.
•You must not, without our prior written consent: (a) copy, reproduce or otherwise use, in whole or in part, any of Our Intellectual Property; (b) reproduce, retransmit, distribute, publish, broadcast, sell or otherwise make available any of Our Intellectual Property to any third party; or (c) infringe or interfere with any intellectual property rights relating to the Platform, including by modifying Our Intellectual Property, framing or embedding the Platform within another website, or creating derivative works from Our Intellectual Property.
•Nothing in this clause prevents you from publishing, posting or reposting Our Intellectual Property on your social media pages or blog, provided that: (a) you do not claim ownership of Our Intellectual Property; (b) unless expressly authorised by us in writing, you do not state or imply that you are endorsed by, affiliated with, or approved by Booking Shaara Limited; (c) you do not use Our Intellectual Property in a manner that is unlawful, misleading, deceptive, defamatory or likely to damage our reputation; and (d) you otherwise comply with these Terms.
16. Consumer Law Rights
•As a Customer, you may have rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986, and other applicable New Zealand consumer laws in relation to the accommodation and services provided by Accommodation Providers. Nothing in these Terms limits or excludes any rights or remedies you may have under applicable New Zealand consumer laws.
•This clause survives the termination or expiry of these Terms.
17. Limitation of Liability
•We provide the Platform and the Booking Shaara Services on an "as is" and "as available" basis. To the maximum extent permitted by law, we will not be liable for, and you release us from, any Liability arising from or connected with: (a) any aspect of the relationship between Customers and Accommodation Providers, including the accommodation, facilities, amenities, pricing, availability, descriptions, policies, or services provided by Accommodation Providers. We do not endorse, guarantee, or assume responsibility for any accommodation or services offered through the Platform. Accommodation Providers are solely responsible for fulfilling all bookings; (b) any disputes, claims, complaints, cancellations, amendments, refunds, or issues between Customers and Accommodation Providers. All such matters must be resolved directly between the Customer and the Accommodation Provider; (c) any loss, damage, injury, theft, illness, property damage, or other harm suffered by Customers or third parties during or in connection with their stay at an Accommodation Provider; (d) the acts or omissions of third-party service providers, including our payment processor, technology partner (including Webrooms), hosting provider, or any other third-party services used in connection with the Platform; (e) the unavailability of the Platform due to maintenance, technical issues, hosting or server failures, natural disasters, war, cyber-attacks, hacking, or other events beyond our reasonable control. We do not guarantee that the Platform will always be available, secure, error-free, or free from viruses or other harmful components; (f) any loss or corruption of data, unauthorised access to information, or damage to your device or systems; (g) any damage to your device arising from your use of the Platform; or (h) any reliance you place on information, descriptions, images, pricing, availability, ratings, reviews, or other content contained in Accommodation Listings. You are solely responsible for determining whether an accommodation is suitable for your needs before making a booking.
•Despite anything to the contrary, and to the maximum extent permitted by law: (a) neither Party will be liable for any Consequential Loss; (b) each Party's liability will be reduced to the extent that the relevant Liability was caused or contributed to by the acts or omissions of the other Party or that Party's personnel, including any failure to mitigate its loss; and (c) our total aggregate liability arising out of or in connection with these Terms will be limited to the greater of NZD $100 or the Booking Fee (including any applicable payment processing fees) paid by you for the booking giving rise to the Liability.
•This clause survives the termination or expiry of these Terms.
18. Definitions
•Accommodation Listing means a listing published on the Platform by an Accommodation Provider, including information about the accommodation, room types, pricing, availability, amenities, images, policies, restrictions and related services.
•Accommodation Provider means a business entity or person that lists accommodation on the Platform and is responsible for providing the accommodation and any related services to Customers.
•Booking means a reservation for accommodation made by a Customer through the Platform.
•Booking Confirmation means the confirmation issued to the Customer after the Booking Fee has been successfully processed and the Booking has been confirmed by the Accommodation Provider.
•Booking Fee means the non-refundable booking deposit and any applicable payment processing fees payable by a Customer at the time of making a Booking.
•Booking Shaara Services means the services provided by us as described in the Platform Summary clause, including providing and maintaining the Platform and facilitating accommodation bookings and the processing of Booking Fees.
•Consequential Loss means, whether arising under statute, contract, equity, tort (including negligence), indemnity or otherwise, any loss or damage that does not arise naturally in the usual course of events from the relevant breach, act or omission. It includes any actual or anticipated loss of profit, revenue, business, goodwill, opportunity, savings, reputation or use, and any loss or corruption of data. The Parties agree that your obligation to pay the Booking Fee or any other amount properly payable under these Terms does not constitute Consequential Loss.
•Customer means a person who uses the Platform to search for, make or manage accommodation bookings.
•Customer Account means an account registered by a Customer on the Platform.
•Force Majeure Event means any event or circumstance beyond a Party's reasonable control.
•Intellectual Property means all existing and future intellectual property rights throughout the world, whether registered or unregistered, including rights relating to copyright, designs, patents, trade marks, domain names, know-how, inventions, processes, trade secrets, confidential information, circuit layouts, software, computer programs, databases and source code, together with any applications, registrations, improvements, enhancements or modifications relating to those rights.
•Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment, whether arising under statute, contract, equity, tort (including negligence), indemnity or otherwise, and whether direct, indirect, present, future, unascertained or contingent.
•Our Intellectual Property means all Intellectual Property owned by or licensed to us in connection with the Platform and Booking Shaara Services, including our branding, trade marks, logos, content, software, systems and materials.
•Party means either you or Booking Shaara Limited, and Parties means both of us.
•Platform means the Booking Shaara online accommodation booking marketplace and booking system provided by Booking Shaara Limited and facilitated by its technology partner, Webrooms.
•Remaining Balance means the portion of the total accommodation price that remains payable directly to the Accommodation Provider after payment of the Booking Fee.
•Terms means these Booking Shaara Customer Terms and Conditions, as amended from time to time.
•Webrooms means the third-party technology provider that facilitates the online booking system used through the Platform.