Bookers Agreement

New Zealand (NZ) Schedule

This New Zealand Schedule forms part of the Bookers Agreement and applies only to bookings where the Booker (Licensee) is located in New Zealand. In the event of any inconsistency, this Schedule prevails to the extent required by applicable New Zealand law.

1. Governing Law & Jurisdiction (New Zealand)

This Agreement and any applicable disputes are governed by and construed in accordance with the laws of New Zealand.

Disputes relating to this Agreement or its subject matter shall be brought exclusively in the courts of New Zealand.

Each party irrevocably submits to the exclusive jurisdiction of the courts of New Zealand in respect of any matters arising out of or in connection with this Agreement (including any dispute regarding existence, validity, interpretation, performance or enforcement), and waives any objection to proceedings on the grounds of venue or inconvenient forum.

2. Taxation (New Zealand)

All fees, charges, and service fees are exclusive of Goods and Services Tax (GST) unless expressly stated otherwise.

If a party is GST-registered, it will add GST to any chargeable fee or service at the rate required by law.

The Booker is responsible for meeting all their own tax obligations in accordance with New Zealand tax requirements (including income tax and GST).

3. Insurance (New Zealand)

Bookers are strongly encouraged (and, where relevant, may be required under New Zealand coverage product necessity) because of the nature of the occupation, tenure, and indemnity.

The platform does not provide:

  • Insurance coverage for bookings, liabilities, property, or personal injury.
  • Legal advice on what level of coverage is appropriate or required.

Bookers should obtain their own insurance to protect themselves against risks, including (but not limited to) property damage, personal injury, or cancellation/curtailment losses, in accordance with any requirements under New Zealand law.

4. Compliance with New Zealand Law

The Booker must comply with all applicable New Zealand laws, regulations, and requirements, including but not limited to:

  • Health and Safety at Work Act 2015;
  • Local planning and resource consents (Resource Management Act 1991);
  • Building Act 2004 and applicable building and fire safety standards;
  • Fair Trading Act 1986 and Consumer Guarantees Act 1993 (where applicable);
  • Any applicable local council by-laws or restrictions.

5. Retail Lease Acknowledgement (New Zealand)

If the use involves a business use recognized under New Zealand retail or commercial lease law:

  • The Booker will acknowledge and agree that their booking or use of the Venue may create lease or occupancy-like rights that are recognized under law.
  • Any terms relating to tenancy or leasing obligations (including those under the Property Law Act 2007 or related New Zealand legislation) may apply.

If the Booker's short-term use does not constitute or resemble a lease, retail or long-term lease-related regulations may not apply. However, short-term bookings made through the platform still remain subject to the terms and conditions of this Agreement.

6. Workers, Contractors & Deductions

If the Booker is responsible for arranging staff, contractors, or other personnel:

  • They must comply with New Zealand employment law, health and safety law, and tax obligations (PAYE, ACC levies, etc.).
  • The Booker must comply with applicable safety and behavioural standards.
  • The platform will not make deductions for workers/contractors; this is the Booker's responsibility to manage and account for in line with relevant standards in relation to tax, ACC levies, etc.

7. Termination & Enforcement (New Zealand)

Either party may terminate the booking in accordance with the termination provisions of the Agreement (including for breach, non-compliance, or as otherwise permitted).

In addition to termination rights set out in the Agreement:

  • The Booker may only claim refunds in accordance with the cancellation and refund policy set out in the Agreement. Use either or comply with relevant consumer protection law, if and to the extent that policy conflicts with New Zealand consumer protection obligations.
  • If the Lister cancels or withdraws the booking improperly, the Booker may be entitled to remedies under the Agreement, subject to the limitations on liability set out elsewhere in the Agreement and subject to mandatory consumer rights (if applicable).

Termination or cancellation does not affect or limit any accrued rights or obligations on either party.

If enforceability is challenged:

  • Either party may apply to the courts of New Zealand for appropriate relief, including declaration or enforcement of an award or remedy.
  • Any judgment or arbitration award may be recognized and enforced in New Zealand courts, or other appropriate forums (for cross-border enforcement, as applicable, under the laws and rules governing recognition and enforcement in those jurisdictions).

Where necessary, either party may also seek injunctive or similar equitable relief under the authority of the New Zealand courts, or other appropriate courts with the appropriate jurisdiction to hear disputes arising out of, or in connection with, the terms of the Agreement and this Schedule.

8. Local Authority Directions

If the Booker or the Venue becomes the subject of a local authority or regulatory body action, compliance notice, enforcement order, or emergency directive, they must:

  • Immediately inform the platform and the other party to the booking.
  • Take prompt and reasonable steps to comply with any directions or orders as they arise (for example, under the Building Act or the Health and Safety at Work Act).

The platform reserves the right to suspend or terminate listings (or bookings) that are the subject of any such order that prevents safe, lawful use of the Venue as originally intended.

9. Definitions (New Zealand)

In this schedule:

  • GST means Goods and Services Tax under the Goods and Services Tax Act 1985 (New Zealand).
  • NZD means New Zealand Dollars.
  • New Zealand Law refers to statutes and jurisdiction rules to govern in New Zealand.

Executions & Application

This Schedule applies automatically to any booking where the Booker (user) is located in New Zealand or where the Venue is located in New Zealand. To the extent of any inconsistency between this Schedule and the main Bookers Agreement, this Schedule prevails for New Zealand-related bookings.