1. Application and Scope
1.1 Good Homestay arranges homestay accommodation for students, including international students, with approved Host in New Zealand.
1.2 These terms and conditions, including the Good Homestay Guidelines, Registration Form, Placement Confirmation, Privacy Policy and relevant consent forms as referred to in the aforesaid documents set out the contractual basis on which the Host may be approved by Good Homestay to provide accommodation, household support and care for Students placed or proposed to be placed by Good Homestay.
2. Definitions
2.1 In these terms and conditions:
Agency means Good Homestay Limited (company number: 5484031), referred to in these terms and conditions as Good Homestay, we, us or our;
Contract means these terms and conditions, Good Homestay Guidelines, Registration Form, Placement Confirmation, Privacy Policy and relevant consent forms as updated by Good Homestay from time to time.
Damage means physical loss of or damage to property, excluding fair wear and tear, pre-existing damage, deterioration, depreciation and unproven loss.
Guidelines means any host guidelines, handbooks, policies, procedures, instructions or operational materials issued or updated by Good Homestay from time to time.
Host means a host family approved by Good Homestay to provide homestay accommodation, support and care for Students, referred to in these terms and conditions as the Host, you or your;
Homestay Fee means the fee payable by Good Homestay to the Host for an approved Placement, as confirmed by Good Homestay.
Household Member means any person living at the Host’s home, including adults, children, flatmates, boarders, long-term students and any other person residing at the property.
Placement means an approved homestay arrangement for a Student with the Host, as confirmed by Good Homestay in writing.
Placement Confirmation means a written confirmation issued by Good Homestay for a particular Student or Placement.
Regular Visitor means any person who is regularly present at the Host’s home or has regular contact with a Student at the Host’s home, whether or not the person lives at the property.
Student means any student placed, or proposed to be placed, by Good Homestay with the Host.
3. Commencement and Term
3.1 The Contract commences on the date it is accepted by the Host and shall continue until terminated in accordance with clause 20.
3.2 Termination of the Contract does not affect any rights, obligations or liabilities that arose before or expressly survive the termination.
4. Placement Confirmation
4.1 A Placement is not confirmed unless Good Homestay confirms it in writing.
4.2 A Placement Confirmation may include:
(a) the Student’s name or identifying details;
(b) the Student’s age or under-18 status;
(c) the education provider, school, agent or programme;
(d) the arrival date and expected departure date;
(e) the Homestay Fee and payment frequency;
(f) the meal arrangement;
(g) any special dietary, medical, cultural, behavioural or welfare needs notified to Good Homestay;
(h) any approved airport pickup, drop-off, transport or additional payment arrangements;
(i) any special supervision or under-18 requirements;
(j) any approved room-sharing or placement conditions; and
(k) any other conditions applicable to the Placement.
5. Homestay Fees and Payment
5.1 Good Homestay will pay the Host the Homestay Fee for each approved Placement in accordance with the relevant Placement Confirmation or payment schedule notified by Good Homestay.
5.2 Good Homestay may update Homestay Fees, payment rates, supplements and payment processes from time to time by written notice to the Host. Any update will apply only to future Placements unless the Host agrees otherwise, or unless the change is reasonably required to correct an error, reflect a change agreed for the Placement or comply with law.
5.3 Unless otherwise agreed in writing, the Host is not entitled to any payment other than the Homestay Fee and any additional amount expressly approved by Good Homestay in writing.
5.4 Good Homestay may withhold, deduct, set off or recover amounts where reasonably necessary to address:
(a) overpayment;
(b) payment error;
(c) student relocation;
(d) nights not hosted;
(e) services not provided;
(f) breach of these terms and conditions;
(g) damage, loss or cost caused by the Host;
(h) unauthorised direct payment or private arrangement;
(i) refund obligations; or
(j) any other amount owing by the Host to Good Homestay.
5.5 Notwithstanding clause 5.4 above, before making a deduction or set-off, Good Homestay will, where practicable, notify the Host of the reason for the deduction and the amount or basis of calculation. Any deduction or set-off must be reasonable and relate to the relevant Placement or an amount otherwise owing by the Host to Good Homestay. If the Host disputes a deduction, Good Homestay may withhold the disputed amount pending resolution, but must pay any undisputed amount when due.
5.6 If a Placement ends early, is suspended, is relocated, or the Host is unable to host for any period, Good Homestay may adjust payments on a pro-rata or other reasonable basis.
5.7 The Host is responsible for the Host’s own taxes, levies, insurance, costs, expenses and compliance obligations arising from hosting Students.
6. Host Approval and Ongoing Suitability
6.1 The Host acknowledges that approval as a Host is conditional and ongoing. The Host must satisfy Good Homestay, both before and during any Placement that:
(a) the Host and the Host’s household are suitable to host Students;
(b) the home is safe, clean, habitable and appropriate for the age, needs and welfare of the Student;
(c) all required checks, assessments and consents have been completed to Good Homestay’s satisfaction;
(d) the Host is able to comply with the terms of the Contract.
6.2 The Host also acknowledges that Good Homestay may refuse, suspend, condition or withdraw approval of the Host at any time if Good Homestay reasonably considers that the Host, the household, the home or the Placement is unsuitable, non-compliant or presents a risk to a Student.
6.3 Host must review each Placement Confirmation and promptly notify Good Homestay if the Host cannot comply with any Placement requirement.
6.4 The Host must comply with, and take all reasonable steps to ensure that each household member and Regular Visitor complies with, the Guidelines as updated by Good Homestay from time to time, to the extent the Guidelines are applicable to the Host, the household or the relevant Placement.
6.5 The Host must not materially change any Placement arrangement without Good Homestay’s prior written approval.
7. Host Registration Information
7.1 The Host must provide all registration information reasonably requested by Good Homestay, including information about:
(a) the Host’s identity and contact details;
(b) the Host’s address and home environment;
(c) composition of the Host’s household;(d) all relevant details of any Regular Visitors, including without limitation their name, identity and frequency of visit;
(e) pets, smoking, room arrangements and student facilities;
(f) prior hosting experience;
(g) dietary, cultural, medical or other household matters relevant to hosting Students;
(h) referee details if requested; and
(i) any other matter reasonably required to assess suitability.
7.2 The Host warrants that all information provided to Good Homestay is true, complete, accurate and not misleading.
7.3 The Host must promptly update Good Homestay if any registration information changes.
8. Safety Check, Police Vetting and Household Screening
8.1 The Host must cooperate fully with all safety checks, police vetting, identity verification, reference checks, accommodation checks and other screening processes reasonably required by Good Homestay.
8.2 The Host must ensure that each adult household member, and each Regular Visitor for whom Good Homestay reasonably requires screening, cooperates with all required checks and provides all required information and consents.
8.3 Good Homestay may require safety checks or police vetting to be completed or renewed before approval, before a Placement, during a Placement, periodically, or whenever Good Homestay reasonably considers it necessary.
8.4 The Host must not allow a new adult household member or Regular Visitor to have regular contact with a Student in the home unless the Host has first notified Good Homestay and completed any screening steps required by Good Homestay.
8.5 Good Homestay may refuse, suspend, relocate a Student or terminate a Placement if:
(a) any required check is incomplete, expired, delayed, refused or unsatisfactory;
(b) any person refuses to provide required information or consent;
(c) Good Homestay cannot verify information provided by the Host; or
(d) Good Homestay reasonably considers that a screening outcome or undisclosed matter creates a risk to a Student.
9. Disclosure Obligations
9.1 The Host must promptly notify Good Homestay of any matter that may affect the suitability, safety, welfare or approval of the Host, the household, the home or any Placement.
9.2 Without limitation, the Host must notify Good Homestay of:
(a) any change of address;
(b) any change in household members;
(c) any new adult living at or regularly visiting the home;
(d) any change in bedroom allocation, sleeping arrangements or student facilities;
(e) any significant renovation, repair, damage or condition affecting the home;
(f) any material health or safety issue;
(g) any police involvement, criminal charge, protection order, family violence concern or child safety concern involving the Host, a household member or Regular Visitor;
(h) any allegation, complaint or concern relating to abuse, neglect, harassment, discrimination, intimidation, violence, misconduct or inappropriate conduct;
(i) any issue affecting the Host’s ability to provide appropriate care, accommodation or support;
(j) any change affecting pets, smoking or household risks; and
(k) any other matter that, having regard to the nature of the homestay arrangement and the Host’s responsibility for Student safety, welfare and accommodation, ought reasonably to be disclosed to Good Homestay.
9.3 The Host must not withhold information on the basis that the Host considers it unimportant. Good Homestay is responsible for assessing, in its discretion acting reasonably, whether the matter affects approval or a Placement
10. No Direct Payments, Private Arrangements or Circumvention
10.1 The Host must not request, accept or retain any direct payment, cash payment, gift intended as payment, side payment, loan, fee or other financial benefit from a Student, parent, guardian, school, education provider or agent in connection with a Placement unless Good Homestay has approved it in writing.
10.2 The Host must not enter into, negotiate or attempt to arrange any private accommodation, extension, replacement placement or other hosting arrangement with a Student, parent, guardian, school, education provider or agent introduced through Good Homestay unless Good Homestay has approved it in writing.
10.3 The Host must promptly refer all requests for extensions, payment changes, refunds, additional services, accommodation changes or private arrangements to Good Homestay.
10.4 A breach of this clause is a serious breach and may result in immediate suspension, relocation of the Student, termination of the Placement, termination of the Contract, deregistration as a Host, and recovery of any loss suffered by Good Homestay.
11. Accommodation and Household Support
11.1 The Host must provide accommodation that is safe, clean, habitable, respectful, culturally appropriate and suitable for the Student.
11.2 The Host must provide the Student with the accommodation, facilities, meals and household support specified in the relevant Placement Confirmation and required by the Guidelines.
11.3 Unless otherwise approved by Good Homestay, the Host must provide the Student with appropriate sleeping arrangements, reasonable privacy, suitable study facilities, access to bathroom and laundry facilities, internet suitable for ordinary study use, reasonable heating and cooling appropriate to the season, and reasonable access to the home.
11.4 The Host must not relocate the Student to another address, bedroom or materially different sleeping arrangement without Good Homestay’s prior written approval.
11.5 The Host must not accommodate any Student, additional Student, different Student, or Student of a different gender, unless expressly approved in writing by Good Homestay.
12. Meals, Utilities and Included Services
12.1 The Host must provide the meals and included services specified in the Placement Confirmation and the Guidelines.
12.2 Unless otherwise confirmed in writing, the Homestay Fee includes ordinary household utilities, internet for normal study use, ordinary laundry arrangements and the meals stated in the Placement Confirmation.
12.3 The Host must not impose additional mandatory charges on the Student for services included in the Homestay Fee unless Good Homestay has approved the charge in writing.
12.4 If the Host becomes unable to provide any required meal, utility, facility or included service, the Host must notify Good Homestay promptly.
13. Student Welfare and Host Conduct
13.1 The Host must provide a stable, supportive and respectful household environment.
13.2 The Host must treat each Student with dignity, respect and cultural sensitivity.
13.3 The Host must use reasonable efforts to help the Student settle safely into the home, household and local area.
13.4 The Host must not subject, or allow any Household Member or Regular Visitor to subject, the Student to:
(a) physical punishment;
(b) verbal abuse;
(c) intimidation, bullying or harassment;
(d) discrimination;
(e) humiliating, degrading or unreasonable treatment;
(f) unreasonable restriction;
(g) unsafe conduct;
(h) unlawful conduct; or
(i) any conduct that may place the Student’s safety or welfare at risk.
13.5 The Host must not require the Student to perform labour other than light household participation ordinarily expected within a family environment.
14. Under 18 Students
14.1 Where a Student is under 18, the Host must comply with all additional welfare, supervision, travel, reporting and placement requirements notified by Good Homestay.
14.2 The Host must provide supervision appropriate to the Student’s age, maturity, circumstances and notified welfare requirements.
14.3 The Host must not permit an under-18 Student to stay overnight away from the approved homestay, undertake non-routine travel, or materially depart from an approved welfare arrangement unless Good Homestay has given prior written approval.
14.4 The Host must ensure that at least one approved adult household member is present at the homestay residence and available to provide reasonable supervision after 7:00 pm each evening until the Student leaves for school or another approved activity the following morning. If required by Good Homestay, the relevant education provider, the Student’s parent or guardian, or the applicable Placement Confirmation, that approved adult household member must be female.
14.5 The Host must immediately notify Good Homestay of any unexplained absence, overnight absence, serious welfare concern, suspected abuse, suspected neglect, contact with Police or emergency services, or any material change affecting the approved living arrangement of an under-18 Student.
14.6 If there is any uncertainty about an under-18 Student’s safety, supervision, travel, absence, contact arrangements or welfare, the Host must contact Good Homestay promptly and follow Good Homestay’s directions.
15. Medical, Dietary, Cultural and Special Needs
15.1 The Host must use reasonable efforts to support any dietary, cultural, medical, disability, behavioural or other special needs that:
(a) are disclosed to the Host; and
(b) the Host has agreed to manage as part of the Placement.
15.2 The Host must promptly notify Good Homestay if the Host is unable or unwilling to safely manage any disclosed need.
15.3 The Host must seek medical or emergency assistance where reasonably required and must notify Good Homestay as soon as practicable.
15.4 The Host must not administer medication or medical treatment except as authorised by the Student, parent, guardian, medical professional or Good Homestay, or as reasonably required in an emergency.
16. Incidents, Emergencies, Complaints and Investigations
16.1 The Host must immediately notify Good Homestay of any incident, complaint, allegation or concern that may affect the safety, welfare, wellbeing or continuation of a Placement.
16.2 Without limitation, the Host must report:
(a) actual or suspected abuse, neglect, self-harm, violence or exploitation;
(b) serious illness, injury or hospital attendance
(c) Police, ambulance, fire or emergency service involvement;
(d) missing person concerns or unexplained absence;
(e) serious behavioural concerns;
(f) significant mental health concerns;
(g) serious property damage;
(h) allegations of misconduct by or against any person in the household;
(i) complaints by or about the Student, Host, household member or Regular Visitor; and
(j) any matter that may require relocation or review of the Placement.
16.3 In an emergency, the Host must first take reasonable steps to protect life, health and safety, including contacting emergency services where appropriate.
16.4 The Host must cooperate fully with any investigation, review, complaint process or information request by Good Homestay, an education provider, school, insurer, parent, guardian, public authority or regulator.
16.5 The Host must not obstruct, discourage or retaliate against any Student who raises a concern or complaint.
17. Damage, Loss and Insurance
17.1 The Host is responsible for maintaining the home, contents and any hosting-related insurance reasonably appropriate for hosting Students in a private residence.
17.2 The Host must promptly notify Good Homestay of any alleged Damage caused by a Student and provide supporting evidence reasonably requested by Good Homestay, which may include photographs, quotations, invoices, inspection records and a written explanation.
17.3 Good Homestay may assist communication regarding an alleged Damage claim, but Good Homestay is not an insurer of the Host’s property and does not guarantee reimbursement or recovery for the Damage.
17.4 The Host must take reasonable steps to mitigate loss and prevent further damage.
18. Privacy and Confidentiality
18.1 The Host must keep confidential all personal, health, educational, family, welfare, financial and other confidential information concerning any Student.
18.2 The Host may disclose Student information only where disclosure is reasonably required for the Student’s care, safety or welfare, authorised by Good Homestay, authorised by the Student or the Student’s parent or guardian where applicable, required by law, or reasonably required in an emergency.
18.3 The Host must not publish, post, share or circulate any image, video, name, address, contact detail, personal information or story about a Student, whether online or otherwise, without Good Homestay’s prior written consent and any other consent required by law or by the Student’s circumstances.
18.4 The Host must comply with Good Homestay’s privacy policy, as updated from time to time. The Host acknowledges that Good Homestay may collect, use, store and disclose personal information about the Host, Household Members, Regular Visitors, the home, safety checks, police vetting status, host profile information and placement performance in accordance with that privacy policy.
18.5 The Host must ensure that Household Members and Regular Visitors are made aware that their personal information may be collected, used, stored and disclosed by Good Homestay in accordance with Good Homestay’s privacy policy.
19. Monitoring, Inspections and Compliance
19.1 The Host must permit Good Homestay or its nominee to conduct reasonable visits, accommodation checks, interviews, compliance reviews and follow-up inspections.
19.2 The Host must complete any induction, training, refresher, declaration, form, checklist or compliance process reasonably required by Good Homestay.
19.3 The Host must provide information reasonably requested by Good Homestay to verify ongoing compliance with these terms and conditions, any Placement Confirmation and the Guidelines.
19.4 Continued approval as a Host is conditional on satisfactory compliance monitoring.
20. Suspension, Relocation and Termination
20.1 Good Homestay may immediately suspend a Placement, relocate a Student, suspend the Host’s approval, or terminate the Contract by notice if Good Homestay reasonably considers that:
(a) there is a safety, welfare or child protection concern;
(b) the Host, home or household is unsuitable;(c) there has been a serious breach of these terms and conditions, a Placement Confirmation or the Guidelines;
(d) the Host has provided false, incomplete or misleading information;
(e) the Host has failed to complete or maintain required safety checks;
(f) the Host has failed to comply with its disclosure obligations under clause 9;
(g) the Host has accepted or attempted to arrange a private payment or private arrangement;
(h) the Host has refused or obstructed monitoring, inspection or investigation;
(i) any circumstance makes immediate relocation, suspension or termination appropriate for Student welfare or operational reasons.
20.2 Either party may otherwise terminate the Contract by giving 14 days’ written notice.
20.3 Termination of these Terms and Conditions does not automatically end an existing Placement unless Good Homestay confirms the Placement end arrangements in writing.
20.4 The Host must comply with Good Homestay’s reasonable directions regarding transition, relocation, handover, records, payments and Student welfare at the end of a Placement.
21. Indemnity
21.1 The Host indemnifies Good Homestay against all loss, cost, liability, damage, claim, expense or proceeding suffered or incurred by Good Homestay to the extent arising from or in connection with:
(a) the Host’s breach of these Terms and Conditions, a Placement Confirmation or the Guidelines;
(b) any false, incomplete or misleading information provided by the Host;
(c) any failure by the Host to disclose a relevant matter;
(d) any negligent, reckless, wilful, unlawful or unsafe act or omission by the Host, a household member or Regular Visitor;
(e) any injury, illness, loss or damage caused or contributed to by the Host, the household or the condition of the home;
(f) any unauthorised direct payment, private arrangement or circumvention of Good Homestay;
(g) any privacy or confidentiality breach by the Host, a household member or Regular Visitor;
(h) any failure by the Host to maintain required insurance (as applicable); and
(i) any claim by a Student, parent, guardian, school, education provider, agent, authority or third party arising from the Host’s conduct or household.
22. The Host is not liable under this indemnity to the extent the relevant loss is caused by Good Homestay’s negligence, wilful misconduct or breach of the Contract.
23. Limitation of Liability
23.1 To the maximum extent permitted by law, Good Homestay is not liable to the Host for:
(a) loss of income, loss of opportunity, loss of profit or loss of expected Placements;
(b) indirect, consequential or special loss;
(c) acts or omissions of a Student, parent, guardian, education provider, school, agent or third party;
(d) property damage, theft or loss, except to the extent caused by Good Homestay’s own negligence or wilful misconduct;
(e) a decision not to place a Student with the Host; or
(f) relocation, suspension or termination undertaken reasonably and in good faith for safety, welfare, compliance or operational necessity.
24. Independent Contractor Status
24.1 The Host is an independent provider of accommodation and household support services.
24.2 Nothing in the Contract creates an employment, partnership, joint venture, agency, fiduciary or franchise relationship between Good Homestay and the Host.
24.3 The Host has no authority to bind Good Homestay, make representations on behalf of Good Homestay, or incur obligations on behalf of Good Homestay.
25. Dispute Resolution
25.1 If a dispute arises, the party who raises it shall, within 5 Working Days of the matter giving rise to the dispute, give written notice to the other party setting out the details of the dispute. The parties shall then within 15 Business Days resolve the dispute in good faith.
25.2 If negotiations do not resolve the dispute, then either party may within 15 Working Days refer the dispute to a mediator agreed between the parties or (if failure of agreement) appointed by the President of the New Zealand Law Association.
25.3 Each party shall bear their own costs of the mediation. If the dispute is not resolved through mediation then either party may exercise any legal rights which may be available to it.
25.4 Each party shall use its best endeavours to ensure that, where a dispute is reasonably foreseeable, it is dealt with at a sufficiently early stage to ensure that there is minimum effect on the ability of any party to perform its obligations under the Contract.
26. General
26.1 The Contract is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.
26.2 Any reference to legislation is a reference to that legislation as amended, re-enacted or replaced and includes any subordinate legislation or statutory instrument issued pursuant to that legislation as it may have been amended, re-enacted or replaced.
26.3 Unless expressly provided herein, any amendments or modifications to the Contract must be made in writing and agreed upon by both parties.
26.4 Failure to enforce any of the terms shall not be deemed to be a waiver of any of the rights or obligations Good Homestay has under these terms.
26.5 If any of these terms and conditions or part thereof are held to be invalid, illegal, unenforceable or void for any reason or reasons, all of the remaining terms (or part thereof) shall remain in full force and effect.
26.6 The Contract constitutes the entire agreement between the Host and Good Homestay with respect to the provision of the homestay accommodation related services, and replaces all prior understandings or agreements, written or oral, regarding the same.
26.7 If more than one person signs or accepts the Contract as Host, each person is jointly and severally responsible for comply with the terms of the Contract.
26.8 In the event of any conflict, the terms as recorded in the Placement Confirmation shall prevail, followed by these terms and conditions, then the Guidelines.
26.9 Any notice given to a party in connection with the Contract shall be in writing, addressed to that party at its registered office and shall be delivered personally, sent by post or email.