GENERAL PROVISIONS

This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental manager.

This Agreement shall be governed by the laws of NSW and Australia . The words "Rental Agent” “rental manager” and "Guest" shall include their respective heirs, successors, representatives.

The waiver or failure to enforce any breach or provision of this Agreement shall not be

considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected.

Acknowledgment and acceptance of Terms and Conditions as well as House Rules

are a condition of all rental reservations processed and made through this site. 

Guest Policy

The Guest making the bookings must be;

• Over 18 years old
• Be the guest staying at the property for the duration of the stay.
• Agree to these terms, conditions and course rules
• Provide government issued Identification
• Have a credit card to be used for security deposit which matches the name on the guest reservation. 
• Guest making the booking is responsible for the conduct of all guests occupying the property during the holiday rental term including any damaged caused by all guests. 
• The person making the booking will be deemed to have accepted these terms and conditions on behalf of all persons who will be staying at the property under the booking once any payment is made in relation to the booking.

Payment Policy

50% of the booking amount is due upfront. Balance due 30 days prior to arrival.  Payment options are via credit card via Pay Advantage our secure payment gateway. 

Bond holdings apply to some properties, these will be taken in the form of a credit card hold the day prior to check in, and returned within 4-5 business days of check out. We, or any party nominated by us, is entitled to charge or make deductions from the security bond for any unpaid fees, expenses, costs, damage arising out of, caused by, attributable to or resulting from your booking or stay at the property.

PLEASE NOTE, different payment conditions and cancellation policies may apply if your booking is made via a third-party website (including but not limited to www.stayz.com.au, www.airbnb.com.au and www.booking.com).

If guest fails to pay the tariff in accordance with these terms and conditions, we reserve the right to cancel the booking and any monies paid by you or on your behalf in relation to your booking will be forfeited.

Cancellation and Refund Policy

Reservations are refundable only in compliance with our policy. Cancellations made 90 days prior to arrival receive a full refund. Cancelations 89-31 days prior to arrival receive a 50% refund, cancelations 30 days and less before arrival do not receive a refund. 

No Smoking

We have a 100% no smoking policy inside all properties. Failure to adhere to this rule with result in an additional cleaning charge of $500 being charged to Guest.

No Pets

No Pets of any kind are allowed in the property at anytime unless explicitly stated in your booking at a pet friendly property. Failure to comply with the no pet policy

will result in a $1000 cleaning fee.

Parties/Gatherings/Events

No parties, weddings, photo shoots, bucks or hens events or gatherings of any kind are

permitted in the property. No school leavers (schoolies) bookings please Only registered guests, maximum number as described in property listing and confirmed in your booking, are to be in the property at any time. If this house rule is breached a $1000 fee will apply and your reservation will be terminated. 

Additional Cleaning

Property is to be left in similar state to arrival and check out guide to be followed. All rubbish/trash must be taken out to bins, dishwasher on and the BBQ must be cleaned if used. Failure to follow the check out guide will result in additional cleaning charges of $75 for the BBQ and $40 per hour for non standard cleaning. If additional professional services are required such as carpet cleaning, that will be charged in addition to any other fees. this is at property managers discretsion, 

NSW Government STRA rules

All properties are registered on the NSW STRA register and comply with all government

regulations and codes of conduct. It is both the guest and property manager’s obligation to comply with all NSW government codes of conduct at all times. The NSW STRA information in addition to STRA emergency contacts are in the property guestbook for your information. It is a condition of rental that all guests must comply with these STRA government guidelines and code of conduct. 

For more information of the NSW government Short Term rental code of conduct please visit this link;  https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf

Rental Terms and Conditions 

This Rental Agreement and Contract (the "Agreement") is a legally binding agreement made and entered into as of the Reservation Date written below by the "Guest" and the undersigned owner, manager or agent (“Rental Manager"), pursuant to which the Guest has agreed to rent the unit described below (the "Property"), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.

The person making the booking will be deemed to have accepted these terms and conditions on behalf of all persons who will be staying at the property under the booking once any payment is made in relation to the booking.

OCCUPANCY

Guest agrees that no more than maximum number of guests specified in property listing shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement. Guest acknowledges and agrees that guests in excess of maximum number specified in property listing are subject to additional charges. Only registered guests, maximum number as per guests booking, are to be in the property at any time during the duration of the stay.

CONDITION AND USE OF PROPERTY

The Property is provided in "as is" condition. Rental management shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, appliance use and TV access. Rental manager shall not be held responsible for such item’s failure to work but will make every effort to correct any issues reported as quickly as possible. Guest acknowledges that use of amenities such as verandahs, decks, fireplaces, showers and BBQs and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest's own risk.

Guest shall use the Property for residential holiday rental purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any unlawful purposes, nor violate any law, body corporate rules, nor commit waste or nuisance on or about the Property. Absolutely no events, parties or gatherings are to be held at the property including bucks, hens or school leavers groups.

ASSIGNMENT OR SUBLEASE

Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within thenumber of and as permitted occupants under this Agreement.

Risk of loss, Limitation of Liability and Indemnity

Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental manager shall not be responsible or liable for any reason whatsoever.

Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney's fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent/manager and owner harmless in all such cases.

To the extent permitted by law:

a. neither us nor of any of our current and former officers, employees, contractors, subcontractors and agents accept any liability in contract, tort or otherwise for any expenses, costs, liabilities, claims, remedy, actions, proceedings, damages, judgments, delay and losses of any kind whatsoever (including but not limited to physical or psychological injury, and loss or damage to property of whatever nature) arising out of, caused by, attributable to or resulting from your booking or stay at the Property; and

b.Guests agree to release, indemnify and hold harmless, us and any of our current and former officers, employees, contractors, subcontractors and agents against, from and in respect of all expenses, costs, liabilities, claims, remedy, actions, proceedings, damages, judgments, delay and losses of any kind whatsoever (including but not limited to physical or psychological injury, and loss or damage to property of whatever nature) arising out of, caused by, attributable to or resulting from your booking or stay at the Property except to the extent such expense, cost, liability, claim, remedy, action, proceeding, damage, judgment, delay or loss arose out of, was caused by, attributable to or resulted from our negligence or wrongful act/omission.

DAMAGE TO PROPERTY 

Guests are responsible for leaving the Property (including its services, contents, fixtures and fittings) and common property (if applicable) in the condition it was in when you arrived.

Guests are responsible for their own acts and omissions and are also responsible for the actions and omissions of any individuals whom you invite to, or otherwise provide access to, the Property (excluding us and any individuals we invite or permit to enter the Property, if applicable) and common property (if applicable).

Guests must not do or permit to be done on the Property anything which is or may cause damage to the Property (including its services, contents, fixtures or fittings), common property (if applicable) or to neighbouring properties or occupiers.

If you or any individuals, or otherwise provide access to, the Property (excluding us and any individuals we invite or permit to enter the Property, if applicable) have damaged the Property (including its services, contents, fixtures or fittings), common property (if applicable) or neighbouring properties or occupiers, we can seek payment from you. If you agree to pay for the damage, or we determine at our sole discretion that you are responsible for the damage, we will collect from you and/or charge or deduct from the security deposit such sums as required to cover the damage. We reserve the right to otherwise collect payment from you and pursue any remedies available to us or the Owner in this regard in situations in which you are liable or responsible for damage to the Property (including its services, contents, fixtures or fittings), common property (if applicable) or to neighbouring properties or occupiers. For the avoidance of doubt, nothing in this clause limits our rights to recover or charge sums of money or damages over and above the amount available on the security bond. Guests must notify us within 24hrs of check-in of any existing damage to the Property (including its services, contents, fixtures or fittings) or common property (if applicable).

Guests must notify us as soon as possible of any damage to the Property (including its services, contents, fixtures or fittings) and common property (if applicable) (including its services, contents, fixtures and fittings) or to neighbouring properties or occupiers arising out of, caused by, attributable to or resulting from your booking or stay at the Property. We reserve our right to terminate your permission to occupy the Property and evict all Guests and Visitors for non-compliance with this clause.

RELEASE

Guest hereby waives and releases any claims against Rental Agent, rental manager, the

Property owner and their successors, assigns, employees or representatives, officially or

otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest's own initiative, risk and responsibility.

ENTRY AND INSPECTION

Rental management reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the property without advance notice.

UNAVAILABILITY OF PROPERTY

In the event the Property is not available for use during the Rental Term due to reasons, events

or circumstances beyond the control of Rental manager, Rental manager will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.

 Payment authorisations

Guests authorise us, or any party nominated by us, to collect from you amounts due pursuant to these terms and conditions including any unpaid fees, expenses, costs, damage arising out of, caused by, attributable to or resulting from your booking or stay at the Property. Specifically, you authorise us, or any party nominated by us, to collect from you: any amount due to us, the Owner or third-party websites in respect of your booking or stay at the Property (including but not limited to such amounts due as a result of booking amendments or booking cancellations); credit card surcharges, where applicable; any administrative fees imposed pursuant to these terms and conditions;

As set out in these terms and conditions, any fees, costs and/or expenses associated with:

i. a credit or debit card transaction being declined;

ii. damage to the Property (including its services, contents, fixtures and fittings), common property (if applicable) or to neighbouring properties or occupiers;

iii. a late check-out or overstaying;

iv. locking yourself out of the Property and requiring assistance from us to gain entry after hours;

v. any additional cleaning, deodorising, maintenance or removal of rubbish and recycling;

vi. any unclean BBQ;

vii. excessive internet data usage;

viii. lost or damaged keys, remotes or security devices;

ix. missing linen;

x. having pets at the Property without permission; $1000 fee. 

xi. any expense, damage, loss or theft as a result of your failure to shut and secure all doors and windows and arm any alarms when absent from the Property or upon departure from the Property;

xii. smoking inside the Property;

xiii. exceeding the maximum number of Guests permissible at the Property;

xiv. use of the Property for non-compliant functions such as parties photoshoots, or gatherings;

xv. any offensive or excessive noise and anti-social behaviour;

xvi. violation of applicable laws, regulations or third-party rights;

xvii. unnecessarily requested maintenance callouts;

xviii. where the Property is part of a strata or community title scheme, non-compliance with owners’ corporation by-laws and the lawful directions of managers and caretakers of the scheme and/or damage to common property (including its services, contents, fixtures and fittings);

xix. termination of your permission to occupy the Property;

xx. evicting you and other Guests and Visitors at the Property;

xxi. any non-compliance with these terms and conditions including the annexed house rules and Code;

xxii. any fees, costs and/or expenses we or the Owner incur in recovering from you any fees, costs and/or expenses from you.

Guests authorise us to collect such amounts by charging or making deductions from the security bond as required. We reserve the right to otherwise collect payment from you and pursue any remedies available to us or the Owner in this regard in situations in which you are liable or responsible for such amounts. For the avoidance of any doubt, nothing in this clause limits our rights to recover sums of money or damages over and above the amount available on the security bond.

If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest's property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.