Terms and Conditions
1. Terms and Conditions
1.1 CORSALI Club is an online membership program which is owned and operated by CORSALI, and offered by CORSALI to Members.
1.2 These Terms and Conditions together with the Privacy Policy govern your relationship with CORSALI and your membership to CORSALI Club.
1.3 The Terms and Conditions constitute a legally binding agreement between you and CORSALI, including the limitation of our liability to you, in respect of your membership to CORSALI Club and the access to and use of any of the content or services offered by us to you as a Member (see paragraph 10 below).
1.4 By applying to join as a Member, and whenever you use or access any of the content or services provided by us, you agree to review these Terms and Conditions and our Privacy Policy, and be bound by both on behalf of yourself and any guests or invitees who are permitted to enjoy the benefits of your membership to CORSALI Club.
2. Membership
2.1 CORSALI does not authorise anyone to join as a Member, or to otherwise use or access any of the content or services we provide, unless they have the capacity to enter into legally binding agreements.
2.2 Applicants for membership must present a fully completed Membership Application Form and accurate photos of the property, to CORSALI, and undertake a zoom interview with a CORSALI representative. We reserve the right to accept or decline any application for Membership. If your application is accepted, you are required to provide evidence that you are the owner of the accepted property and pay the yearly Membership Fee before you will become a Member. The Membership Fee is non-refundable once made.
3. Membership Fees
3.1 All Members are responsible for the timely payment of CORSALI’s Membership Fees which will be payable on or before the anniversary date on which the specific Member joined the Club. Failure to pay such Membership Fees will result in a Member’s membership being suspended until the Membership Fees are paid in full.
3.2 CORSALI’s Membership Fees and Booking Fees are determined by us in our sole discretion and are subject to change from time to time.
3.3 CORSALI may, from time to time, waive the Membership Fee.
3.4 Members shall pay a Booking Fee at the time of making the booking for each stay.
3.5 The current Membership Fees and Booking Fees are shown in the table below. All prices are in New Zealand Dollars and are GST inclusive.
Membership Fee (Yearly): $75
Booking Fee: $70 per night or as specified in a specific deal on offer.
4. CORSALI’S Role
4.1 Members acknowledge that CORSALI is in no way acting as an agent to any party, for any purpose, or real estate agent or agent for any property. Instead, we provide a portfolio of properties for Members to view, reserve, access and use. CORSALI receives fees for our web and content and the customer services we provide to you.
4.2 Members acknowledge and agree that CORSALI cannot under any circumstances be held responsible for the behaviour of a Member in the context of a provision, booking or stay within a property.
5. The Club
5.1 Members agree not to directly exchange their property with any other Members outside of CORSALI Club and these Terms and Conditions. A breach of this provision will result in the immediate closure of the account and Membership . In addition, a Booking Fee maybe charged by CORSALI and payable by any Members found to have breached this provision.
6. Member’s role
6.1 Members are responsible for, and agree to abide by, all laws, rules and regulations applicable to your use of any content or services provided by CORSALI, including our Host Member Property Guidelines and Member Code of Ethics.
6.2 During an exchange, each Member will be considered both a Host Member (in relation to his or her property being offered) and a Guest Member (while occupying a Host Member’s property).
7. Host Members
7.1 Property Representations: As a Host Member you warrant that the representation of your property, through the description and photographs you provide to CORSALI, accurately depicts your property, facilities, services and amenities on offer. You likewise warrant and represent that all photographic images are current, and that they accurately depict your property’s current condition.
7.2 Rental Income: CORSALI Club is not a rental program and therefore Members are not permitted to receive rental income for any bookings made.
7.3 Property Services and Furnishing:
7.3.1 As a Host Member, you warrant and agree that, while hosting a Guest Member, all conventional services will be made available to the Guest Member, including, but not limited to, heating services, electricity, gas, water, indoor plumbing and all conventional appliances provided in the home are in good working condition.
7.3.2 The Host Member agrees to make any necessary arrangements to provide the Guest Member with access to the usual amenities associated with the property. If extra services are available or require an extra expense to the Guest Member, then the Host Member agrees to notify CORSALI of these service charges, in order to be approved by CORSALI, in advance, and included thereafter in the Host Member’s information. Host Members cannot under any circumstances charge Guest Members for services that have not been outlined on the Host Member’s property’s description.
7.3.3 The Host Member warrants and represents that the property is appropriately furnished to the level outlined in the description for Guest Members to fully enjoy their holiday experience, including, but not limited to, linens, cooking utensils and customary supplies.
7.3.4 The Host Member is responsible for supplying the Guest Member with adequate information to operate the property’s systems, including, but not limited to, security systems, lighting, entertainment systems and appliances.
7.3.5 The Host Member warrants that the property will be offered clean and ready for occupancy by the Guest Member on arrival. In terms of the overall condition of the property, CORSALI maintains a clean property policy which is comparable to four to five star hotel ratings. The Host Member is also responsible for cleaning the property following a Guest Member’s departure.
7.3.6 It is the responsibility of the Host Member to maintain their property and provide the amenities set out in the Host Member’s Guidelines.
7.4 Host Member Insurance:
7.4.1 Guest Members are responsible for all damage caused while occupying a Host Member’s property.
7.4.2 Notwithstanding the Guest Member’s obligation to be responsible for any damage to the Host Member’s property as stated in subclause 7.4.1 immediately above, the Host Member agrees to ensure the property is adequately covered by a home and contents insurance policy, which includes cover for any non-paying invitees staying in their home or property. It is each Host Member's responsibility and obligation to check whether this clause is part of the general conditions or whether it must be added in the specific conditions of their applicable insurance policy.
7.4.3 Members must maintain the above-mentioned adequate insurance cover throughout the duration of their Membership with CORSALI. Any failure to maintain insurance cover may result in the immediate cancellation of the Member's account. In addition, CORSALI may ask any Member to provide proof of the Member’s insurance at any time. Failure to respond or provide accurate information may result in the Member's account being cancelled.
7.4.4 CORSALI provides exclusively to its Members a service for managing property exchanges via the Exchange. When Members enter into an exchange, they enter into a contract directly between themselves. CORSALI does not become a party to any exchange and CORSALI is also not a real estate agent or insurer. It is the Member's responsibility to review and understand their own insurance coverage and that provided by any other Member with whom a Member enters into an exchange.
7.5 Member Cancellation Policy:
7.5.1 The exchanging Members will need to reach an agreement at the time of booking as to what happens in the event that one Member becomes unable to travel and complete the exchange due to an unforeseen circumstance such as illness or a death in the family. For example, the Members may agree to vacate their property regardless and find alternative accommodation. Alternatively, the Members may agree that they will reschedule the booking if one party is unable to travel. Such agreement needs to be made and approved by CORSALI prior to any booking being confirmed.
7.5.2 Members are not permitted to cancel bookings made at their property for any reason, except where such cancellation occurs in circumstances where travel to a specific region or property becomes prohibited or impractical due to a governmental restriction or a Force Majeure Event. If a Member chooses not to honour a booking, the Members are to adhere to any agreement reached in accordance with clause 7.5.1 above. If, however, a Member does not adhere to the terms of any such agreement reached under clause 7.5.1, by way of restitution, the non-cancelling Guest Member shall be entitled to claim compensation from the cancelling Host Member for all of the non-cancelling Guest Member’s reasonable costs (including, but not limited to, reimbursement of non-recoverable expenses such as air travel tickets, cancellation fees or change fees, alternative accommodation costs, etc.) and may, if necessary, take legal action against the cancelling Host Member to recover such reasonable compensation.
7.5.3 In the event the Host Member wishes to postpone or cancel a booking in circumstances where travel to a specific region or property becomes prohibited or impractical due to a governmental restriction or a Force Majeure Event, a request to postpone or cancel may be initiated by the Guest Member or Host Member. CORSALI assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from a Force Majeure Event. NOTICE: In such an event, CORSALI requires exchanging Members to attempt to identify an alternate future date that is agreeable to both parties before a cancellation is processed.
7.5.5 In the event that both Members agree to cancel their exchange prior to their stay, then 50% of the booking fee will be refunded to each Member.
7.6 Host Member Communication: As a Host Member, you agree to provide and allow contact details for the Guest Member to contact you directly via email, phone or other method of communication regarding all bookings and stays.
8. Guest Members
8.1 Property Responsibilities:
8.1.1 Guest Members are required to leave the property in the condition it was found on arrival (at the beginning of the Stay). However, the cleaning of items such as linens, floors and bathrooms are the responsibility of the Host Member. In addition, the Guest Member is required to be responsible with property resources and utilities such as, but not limited to, electricity and water, especially in homes where water, electricity and other resources may be limited or restricted.
8.1.2 Guest Members are fully responsible for the activities and actions of those who use the Host Member’s property during the dates of the booking including the Guest Member’s family, guests and invitees.
8.2 Disclosures: The Guest Member is required to accurately report, in advance, the number of people to occupy the property (whether family or invitees) and agrees not to exceed the property’s capacity as stated on the property description without the express permission of the Host Member. If at any time, before or during a booking, the Guest Member’s party exceeds such capacity, the Host Member shall have the right to cancel the booking and the Guest Member shall seek alternative accommodations; the costs for which shall be the sole responsibility of the Guest Member.
8.3 Arrival and Departure Policies:
8.3.1 Regarding the check-in and check-out times outlined in the booking confirmation, the Guest Member agrees to check-in to the property on or after the stated check-in time and check-out on or before the stated check-out time, unless alternative arrangements have been made in advance with the Host Member.
8.3.2 On the departure date, the Guest Member will immediately return any keys or security codes to the Host Member as requested to do so by the Host Member.
9. Guest Member’s Indemnities and Liabilities
9.1 Responsibility for Damage: Guest Members acknowledge and agree that they are responsible for all damage caused by the Guest Member, a family member and/or the Guest Member’s guest or invitee, and that the existence of any applicable insurance coverage held by the Host Member does not relieve, dismiss or otherwise release a Guest Member from financial responsibility for any damaged caused.
9.2 Indemnity: Guest Members agree to release, defend (at our sole discretion), indemnify and hold harmless a Host Member, members of the Host Member’s family and CORSALI against any and all claims, damages, costs and other expenses, including legal fees, arising out of any damage caused by use of the property by the Guest Member, the Guest Member’s family or invitees of the Guest Member.
9.3 Compensation: CORSALI reserves the right (in our sole discretion) to seek compensation for any and all payments made as a result of a Guest Member’s failure to compensate a Host Member for damages.
10.Limitation of Liability
10.1 To the fullest extent permitted by law, CORSALI shall not be liable (in negligence, tort, breach of contract or otherwise) for any direct or indirect loss, or special or consequential loss, arising out of or in connection with:
10.1.1 Any damage caused by a Guest Member, a family member and/or as a Member’s guest or invitee to a Host Member’s property;
10.1.2 The suspension to or termination of a Member’s membership;
10.1.3 A member’s access to and use of any content or services provided by CORSALI, including an exchange of properties between Members.
10.2 To the fullest extent permitted by law, CORSALI makes no warranties (express or implied), and makes no representations, with respect to the availability, suitability and/or condition of any properties provided by Host Members.
11. Termination and Suspension
11.1 Members may terminate their membership to CORSALI Club at any time by providing notice in writing to CORSALI. Any Members who terminate their membership are not entitled to a refund on their Membership Fee or Secondary Membership Joining Fee.
11.2 CORSALI reserves the right to terminate or suspend a Member’s membership to CORSALI Club or cancel or suspend a Member’s access to any content or services if we reasonably believe the Member (and/or the Member’s family and/or permitted invitees) has:
11.2.1 Breached any of these Terms and Conditions;
11.2.2 Misrepresented any information provided in the Member’s Application Form, a Member’s property information or the Host Member’s property’s description provided to CORSALI;
11.2.3 Behaved in a manner which CORSALI reasonably considered to be unacceptable while using any Host Member’s property, or any content or services provided by or in connection with their membership to CORSALI Club;
11.2.4 Caused damage to a Host Member’s property;
11.2.5 Acted in a way that is deemed detrimental to the reputation and character of CORSALI Club;
11.2.6 Has failed to pay any fees which are due and payable to CORSALI;
11.3 Membership to CORSALI Club may be terminated by CORSALI on the death or bankruptcy of a Member.
11.4 If we decide to discontinue CORSALI Club (i.e.the membership program) we may terminate your membership upon giving you 3 months notice.
12. Variation
12.1 CORSALI may revise these Terms and Conditions at any time and we reserve the right, in our sole discretion, to amend, modify or vary the Terms and Conditions, such amendments, modifications or changes become binding on you from the date that they are posted on our web page.
13. Tax
13.1 We have no responsibility for any tax liabilities or other levies or duties that may be imposed on any Member arising from or in connection with their CORSALI Membership. CORSALI gives no warranty or assurance in relation to such tax liabilities or other levies or duties arising from or in connection with CORSALI Club. Members should seek their own advice on such matters.
14. Privacy Statement
14.1 We will collect the personal information that Members provide to us as part of their CORSALI Membership. We will also collect information from Members about Member use of their CORSALI Membership. We will collect from and use personal information about Members in accordance with our Privacy Statement.
14.2 By applying for or renewing your membership to CORSALI Club, you authorise us to collect, use and disclose your personal information in accordance with our Privacy Statement.
15. Notice and Contact Details
15.1 Any notice given by us to a Member pursuant to these Terms and Conditions will be deemed to have been given and received by the Member if we email the notice to the Member at the last email address provided by the Member to CORSALI.
15.2 You must promptly notify CORSALI either in writing or by phone of any change of address or contact details. Any name change by a Member must be notified to CORSALI in writing together with proof of the name change.
16. Laws of New Zealand apply
16.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. You and CORSALI consent to the exclusive jurisdiction of the courts of New Zealand in connection with any legal action that may arise in relation to your CORSALI Membership and or your use of CORSALI Club.
17. Miscellaneous
17.1 Additional information about CORSALI Club may be found on CORSALI’s website. To the extent there is any inconsistency, these Terms and Conditions, as amended from time to time, shall prevail.
17.2 The Consumer Guarantees Act 1993 (NZ) shall not apply to these Terms and Conditions in respect of CORSALI Memberships acquired and/or used for the purpose of business.
18. Definitions
“Booking” refers to the reservation made at a property right up to the time of the guest arriving to the property.
“Booking Fee” means the fee payable to CORSALI by a Guest Member each time a booking at a property is made.
“CORSALI”, “we”, “our” or “us” means Corsali Limited.
“CORSALI Club” means the property exchange membership program administered by CORSALI and offered to its Members.
“Exchange” means the system administered by CORSALI through which Members of the Club offer and book Stays in their respective properties.
“Force Majeure Events” shall include, but are not limited to, acts of God, labour stoppage and acts or threats of terrorism, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, war, insurrection, fire, volcanic eruption, hurricane, environmental pollution or contamination, earthquake, flood, tropical storms, quarantine restrictions, government health advisories, epidemics, pandemics, widespread disease or infection, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorisation, damages to the Host Member’s home or any other unforeseen circumstances or any other factors unforeseen by CORSALI and/or the Host Member that impacts negatively on, or effects, their ability to fulfil any of their contractual conditions.
“Guest Member” means the Member with a confirmed booking authorising them to visit and stay at the property of a Host Member.
“Host Member” means the Member owning an approved property(ies) that is being visited by a Guest Member with a confirmed booking.
“Member” or "you" means the person named as the applicant on a CORSALI Membership application form and who has been admitted to CORSALI Club, is current as to all CORSALI’s Fees, agrees to be bound by the Terms and Conditions and Privacy Statement and relevant policies and who’s Membership has not been suspended, terminated or revoked.
“Membership Fee” means the membership fee payable to CORSALI by applicants for CORSALI Membership as payment for the CORSALI Membership, in the monetary amount specified on our website.
“Secondary Membership Joining Fee" means the joining fee payable to CORSALI by a family member requesting a secondary Membership attached to an approved property, in payment for the CORSALI program joining fee, in the monetary amount specified on our website.
“Stay” refers to when Guest Members are actually at the property of a Host member.