Coasties who book holiday homes through Bachcare now have a court-backed reason to check the fine print.

The High Court has ruled that some of Bachcare’s booking terms were unfair under the Fair Trading Act, after action by the Commerce Commission.

Bachcare has since changed the clauses that were challenged.

The case focused on standard terms that applied to guests across the country.

One set of clauses meant guests could lose up to 100% of what they had paid if they cancelled, no matter how far away their stay was.

Another meant Bachcare kept its service fee even when a booking was cancelled by Bachcare or the property owner.

Commerce Commission Chair Dr John Small said the court action followed real-world complaints.

“Our action was prompted by complaints from ordinary Kiwis who had booked a place to stay,” Commerce Commission Chair Dr John Small said.

Some complaints related to trips cancelled during Cyclone Hale and Cyclone Gabrielle when travel was unsafe or not possible.

Others involved guests losing deposits after simple booking errors.

Justice McQueen found the terms created a significant imbalance in Bachcare’s favour and could cause financial or other harm to guests.

The judgment is also a signal to other online platforms to review their contracts and to Coast holiday makers to read cancellation and refund clauses with care before they book.

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