The Terms and Conditions
The Terms and Conditions govern the relationship between the Site and any person listing a property on the site or any individual using or accessing the Site for the purpose of visiting a property. These Terms and Conditions represent a legally binding contract between the listed property owner and a visitor, having the capacity to enter into a legally binding contract, by virtue of the property owner and visitor using and accessing the Site. Otherwise a proper owner and visitor are not authorised to use or access the site.
This purpose of the Site is to enable visitors to view listings of, obtain information about and have an interest in visiting a property listed on the website communicated to the owner of a property.
The Site acts only as a platform for users to interact with rural property owners via the Contact Us menu service of the site. The Site is not, and does not become, a party to any contractual relationship between the visitor and the owner of a property in respect of any communication or payment, and does not mediate between the visitor and the property owner in the event of any dispute arising between them.
The visitor and the property owner will be responsible for performing the obligations of any such agreements, that the Site is not a party to such agreements and the Site disclaims all liability arising from or related to any such agreements. This is true even if the Site facilitates a booking for a property or the use of any other services, as the Site is not a party to any visiting or other agreement between visitors and property owners.
Visitors to properties listed on the website are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any Services and any transaction they enter into either via the Site or in connection with their use of the Site. Visitors should note that property owners are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their property and the conduct of their property business.
The Site contains listings and information which to the best knowledge of the Site is provided by proper owners. This information is the responsibility of the property owner or third party creator of that information. The Site will exercise all reasonable care in agreeing to accept information about a listed property and to list a property. But the Site has no responsibility for such information which is provided to enable visitors to choose whether to visit a property and to provide visitors with the facility to communicate directly with the property owner, to enquire about a property and to make bookings with the owner for a visit to such a property.
On referral to a property owner of a visitor or visitors interest in visiting a property bookings are made directly between the visitor and the property owner. The visitor then enters into a contract with the property owner. Any such contract will govern the visitor’s right to visit the property, and may contain obligations to pay fees and taxes and to adhere to NZ laws and regulations. The Site has no liability to a visitor for the property owner’s provision of the visit to a property. The Site does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information about the properties listed on the website or any opinions/content posted by third parties about that property.
The property owners are therefore entirely responsible for all of the information, including images, text and other content, relating to the properties listed on the website, for updating them and ensuring (where relevant) that they are correctly translated. The property owner may then communicate with a visitor directly in connection with an enquiry and visitors and property owners may also communicate with each other via the Site.
The Site has no responsibility for or otherwise stated involvement in the communications between the property owner and a visitor.
The Site may at times choose to use Google Analytics to gather statistics on Site usage. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. A visitor to the website or listed property owner understands and accepts that the Site has no control over Google’s data collection.
It is difficult to confirm a visitor’s use of the Site on the Internet and so the Site cannot and does not assume any responsibility for verification of each user's purported identity. The Site therefore encourages visitors and property owners to communicate directly with each other once one has been introduced to the other via the Contact Us service of the Site even though that will not necessarily be sufficient for that purpose. The Site also encourages visitors to take whatever steps they think necessary to confirm a property owner's identity, the property and all relevant details about a booking or proposed booking.
A visitor must therefore acknowledge and agree that the Site is not responsible for checking the identity, or for the behaviour, of property owners or for establishing the nature, condition or existence of a property.
3) Intellectual Property
All content that appears on the Site is protected by copyright and other applicable intellectual property rights. To the maximum extent permitted by law, reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
Where a lister submits to or transmits through the Site any content of any type, including text or images in promoting its property on the Site, the lister undertakes that it has the legal rights to do so.
4) Listers and visitors communications and Reviews
Listers of a property listed on the site must provide accurate, complete and truthful information concerning their identity and any other communications about a property including reviews.
Persons with an interest in visiting a property listed on the site must also provide accurate, complete and truthful information concerning their identity and any other communications about their interest in visiting a property.
Messages sent via NZ Country Trails, Contact Us, service to listers must only relate to genuine enquiries.
Visitors to a property are encouraged to post their reviews of a property on the Site. The site administrator will undertake to give the property owner an opportunity to view a visitor’s review and to respond to it.
Visits to properties recommended via the “Recommend Trails” feature on the Home page of the site will only be presented with the site property owners consent.
All personal information collected by a visitor in the course of making that presentation will be treated with the same degree of care with which one protects one’s own personal information along with an acceptance of all liability for the misuse, loss, or unauthorised transfer of such information.
The lister will also be given the opportunity to rate the visitor’s visit and such a reviews will be made available to other property owners. Property reviews cannot be used to exclude or discriminate against individuals. Please note that NZ Country Trails does not, and realistically does not have the resources to, verify the accuracy or otherwise of a visitor’s review, property owner responses or property owner Reviews.
The owner of a property listed on the Site agrees to indemnify or hold harmless NZ Country Trails and Site personnel against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content provided in connection with the Site; (b) the use of the Site (including, without limitation, any content on the Site); (c) any breach of these Terms and Conditions; or (d) the use of property. NZ Country Trails will provide notice promptly of any such claims.
The visitor to the site must not directly or indirectly:
exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or reduce any of the Site’s content;
use the Site for purposes other than those referred to in these Terms and Condition
reproduce any portion of the Site on another website or otherwise, using any device
The lister on the Site must not directly or indirectly:
use the Site or the services provided for the purpose of soliciting a visit to a property other than a property that has been listed in good faith
reproduce any portion of the Site on another website or otherwise, using any device;
upload or send to the Site any contents or programs, which on account of their size or nature, might damage NZ Country Trails computers or networks;
include content on the Site (NZ Country Trails) that breaches any applicable criminal or other laws, or encourages any such breach;
post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that would give rise to criminal or civil liability.
7) Right to delete content
Listers are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including visitor reviews and communications with visitors, do not infringe applicable law, the rights of any person or entity, or contain false information, anything that infringes copyright, data protection law. NZ Country Trails may review any content on the Site and delete it or alter it when it is no longer accurate or to up-to-date it, without prejudice to any other available remedies
Any messages to NZ Country Trails may be sent using the Contact Us page of the Site.
9. Liability of NZ Country Trails
The Site is merely a platform and on-line directory allowing property owners to list their properties and for visitors to view properties listed on the Site, communicate through the Administrator of the Site with property owners in respect of any interest in visiting a property, or for an interest in visiting a property to be communicated to the property owner. NZ Country Trails accepts no liability in relation to any contract a visitor or property owner may reproduce of any portion of the Site on another website or otherwise, using any device to enter into with respect to a booking, nor accept liability for the acts or omissions of any property owners or other person(s) or party(ies) connected with the property. For all visitors to properties, the contract to visit will be with the property owner and their terms and conditions which apply to that booking.
Visitors to properties are advised to obtain suitable travel insurance to cover a visit to a property if there is personal risk in doing that, including in the event they have to cancel their booking.
Nothing in these Terms and Conditions affects any rights a lister on the site or visitor (not in Trade) to a property may have and which by law cannot be excluded, including under the Consumer Guarantees Act 1993.
NZ Country Trails is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns having regard to the limits to liability set out above.
Dated September 2020