Terms of Service

By accessing or using the GapNights mobile application, website, and services (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and GapNights Limited, a company registered in New Zealand.

GapNights is a marketplace that connects short-term accommodation hosts with guests seeking last-minute stays. We facilitate the discovery, booking, and payment for gap-night accommodations in New Zealand.

GapNights does not own, operate, manage, or control any properties listed on the platform. We act solely as an intermediary between hosts and guests.

You must be at least 18 years old to use GapNights. By creating an account, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• You will provide accurate, current, and complete information
• You will comply with all applicable New Zealand laws and regulations

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised access or use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or pose a risk to the safety of our community.

When you submit a booking request, the host has a limited time to accept or decline. Once a booking is confirmed, you are obligated to pay the total booking amount. All payments are processed securely through our payment partner Stripe.

Prices displayed include the nightly rate. A cleaning fee and service fee are added at checkout and clearly shown before you confirm your booking.

GapNights charges a service fee to guests to cover platform costs. Host payouts are made according to the host's selected plan and payout schedule.

Because GapNights specialises in last-minute bookings, cancellation windows are limited. The applicable cancellation policy is shown at the time of booking. Refunds, if applicable, are processed within 5–10 business days to the original payment method.

Hosts who cancel confirmed bookings may face penalties including reduced visibility, reliability score deductions, or account suspension.

By listing a property on GapNights, hosts agree to:

• Provide accurate and up-to-date property descriptions and photos
• Ensure the property is clean, safe, and as described in the listing
• Honour confirmed bookings unless extraordinary circumstances prevent it
• Comply with all local council regulations, building codes, and tenancy laws
• Maintain appropriate insurance coverage for short-term rentals
• Respond to booking requests within the designated timeframe

By booking through GapNights, guests agree to:

• Treat the property with care and respect as if it were their own home
• Follow all house rules set by the host
• Report any damage or issues promptly
• Check out on time as agreed
• Not exceed the maximum number of guests stated in the listing
• Complete identity verification before their first booking

You agree not to:

• Use the Service for any unlawful purpose
• Misrepresent your identity or provide false information
• Interfere with or disrupt the Service or its servers
• Violate any house rules set by property hosts
• Engage in any form of harassment, discrimination, or misconduct
• Attempt to circumvent GapNights to arrange direct bookings
• Scrape, copy, or reproduce any content from the platform
• Use automated systems or bots to access the Service

We reserve the right to verify the identity of users and may require identity documents. Users who fail to comply with verification requests or who provide false information may have their accounts suspended or terminated.

GapNights operates a Trust Pledge system. All users agree to our community standards when they create an account. Violations of the Trust Pledge may result in account restrictions or permanent removal from the platform.

The Founding Member programme offers permanent benefits to early registered members, including discounts on bookings and reduced processing fees. These benefits are:

• Non-transferable and tied to the founding member's account
• Subject to fair use - commercial exploitation is prohibited
• Valid for the lifetime of the member's active account
• Subject to modification with 90 days' notice in extraordinary circumstances

All content, features, and functionality of the GapNights Service are owned by GapNights Limited and are protected by copyright, trademark, and other intellectual property laws of New Zealand and international treaties.

Users retain ownership of content they submit (e.g., property photos, reviews) but grant GapNights a non-exclusive, royalty-free licence to use, display, and distribute such content in connection with the Service.

To the maximum extent permitted by New Zealand law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986), GapNights shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.

GapNights is not responsible for the condition, legality, safety, or suitability of any listed property. The contract for accommodation is between the host and guest.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under New Zealand law.

If a dispute arises between a host and guest, we encourage both parties to resolve it directly. GapNights may offer mediation support at our discretion.

For disputes with GapNights, we prefer to resolve matters informally first. If informal resolution is not possible, the matter shall be referred to mediation or arbitration in accordance with the Arbitration Act 1996.

You agree to indemnify and hold harmless GapNights Limited, its directors, officers, employees, and agents from any claims, losses, damages, or expenses (including legal fees) arising from your use of the Service or violation of these Terms.

We may update these Terms from time to time. We will notify you of material changes at least 14 days before they take effect. If you continue to use the Service after the changes take effect, you agree to the revised Terms.

These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

If you have any questions about these Terms, please contact us: