The Commerce Commission has reached a settlement agreement with Bachcare that certain cancellation terms, used at times since October 2019 in Bachcare’s Terms & Conditions, were Unfair Contract Terms.
Commission Deputy Chair Anne Callinan said this was a win for consumers as Bachcare is updating its Terms and Conditions so future guests get a fairer deal when they use Bachcare.
“Businesses can’t have contract terms that are unfair and create a significant imbalance,” said Callinan.
“If a term is declared unfair, any further use of it could be in breach of the Fair Trading Act.
This settlement agreement was prompted by proceedings filed by the Commission in the High Court against Bachcare in April 2023.
In the settlement agreement, Bachcare admitted the cancellation terms were unfair and has made a commitment to update their terms and conditions.
The parties have jointly asked the High Court to arrange a hearing for an agreed declaration to be made that the cancellation terms were unfair.
Bachcare offers customers the ability to book a wide range of high-quality holiday homes, baches and apartments all across New Zealand. With over 2,000 properties in its collection, from stunning coastal retreats to charming rural baches, it has the perfect holiday home to suit various needs.
It not only provides holidaymakers with exceptional stays, but also offers comprehensive holiday home management services to property owners and those interested in investing in a holiday home.
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