Terms & Conditions

LICENCE FOR EXCLUSIVE USE OF HOLIDAY ACCOMMODATION

THIS LICENCE is BETWEEN the persons described as the Owner of the Premises (“the Owner”) and the persons described as the Guest (“the Guest”). The date of this agreement is the date the Deposit is paid.

OPERATIVE PART

1. LICENCE

Premises
1.1 The Owner licences to the Guest and the Guest accepts the licence of the Premises situated at the address referred to in the Online Booking Form (“the Premises”) for use as holiday accommodation to be occupied by not more than the number of persons referred to in the Online Booking Form upon the terms and conditions set out in this Licence.

Deposit Payment
1.2 Payment of the Deposit referred to in the Online Booking Form is due at the time of booking.

Final Payment
1.3 The remainder of the Licence Fee (the full fee less the Deposit), is due and payable six weeks prior to arrival date.

Payment by Credit Card
1.4 If the Guest pays by credit card, an additional 2% for Visa / Mastercard and 3% for American Express fee will be charged in addition to the Licence Fee.
Possession
1.5 The Guest is given the right to use the Premises from the Check In Date stated in the Online Booking Form from 2.00 pm on that date or as advised by the Owner’s Agent.
1.6 The Guest’s right to use the Premises expires at 10.00 am on the Check Out Date referred to in the Online Booking Form.

2. THE GUEST’S OBLIGATIONS

Rent
2.1 The Guest agrees to pay the Licence Fee as required by clause 1.3.

Deposit
2.2 The Guest must deposit with the Agent an amount equal to 50% of the Licence Fee in accordance with clause 1.2.
2.3 The accommodation booking will not be confirmed by the Agent until the Guest’s Deposit payment or full payment of the Licence Fee is received and cleared. Payment of this constitutes the Guest’s acceptance of these terms and conditions. Prior to providing check in instructions Guest must complete the check-in information request and agree to provide a valid credit card for the “pre-authorization” request to cover incidentials and damage should an additional fee be required to be levied during or post departure. 

One Bedroom $200.00 
Two Bedroom $350.00
Three Bedroom $500.00

Pets
2.4 The Guest will not keep any animal or bird or fish in or about the Premises without the prior written permission of the Owner.

Smoking
2.5 Smoking is not permitted inside the Premises.

Rules
2.6 The Guest agrees to comply with all the rules and by-laws governing the use of the Premises and any common areas issued by the Owner.

Guest to keep the Premises clean
2.7 The Guest must keep the Premises in a clean and sanitary condition and free from dirt, oil, grease, insects and vermin.

Guest’s obligations in respect of the Property
2.8 The Guest is responsible for the Premises during the Guest’s stay. The Guest shall take all reasonable care of the Premises and at the end of the stay must leave the Premises including all utensils, fixtures, equipment and fittings on, in or about the Premises in a clean, tidy and undamaged condition. The Guest will be liable for any breakages or damage caused to the Premises and for any of the chattels that may occur during the Guest’s use of the Premises that do not constitute general wear and tear. All costs of repair and replacement will be charged to the Guest at the Agent’s discretion. Any damage or breakage to any part of the Premises or any of the chattels therein must be reported to the Agent as soon as practicable after the damage has occurred. Guests are expected to leave property in the tidy condition as it was found or a extra cleaning charges will apply. Should additional cleaning or a special rubbish bin clearance be required the cost will be deducted from the Guest’s credit card.

Damage and disrepair
2.9 The Guest must pay for any damage or repairs that arise from or are attributable to an act or omission by the Guest or the Guest’s visitors. The Guest agrees to report all damage and any state of disrepair to the Premises within three days of the same occurring. Failure to do so will render the Guest liable for all costs incurred by the Owner as a result of such failure to report.

Repairs
2.10 The Guest will not undertake or authorise any repairs without the prior written consent of the Owner.

Insurance
2.11 The Guest will not do or permit anything to be done or bring onto or keep on the Premises anything which may invalidate or prejudice the conditions of any insurance policies relating to the Premises or cause to be increased the premiums payable.

Excess on insurance
2.12 If the Owner elects to claim on the Owner’s insurance for any damage that arises or is attributable to an act or omission by the Guest or the Guest’s visitors, or people associated with the Guest, and the Owner is successful in relation to recovering any money for such damage, then the Owner may require the Guest to pay any “excess” on any such insurance claim.

Laundry
2.13 The Guest must not hang or display any laundry or other articles on the balcony or verandah.

Non assignment
2.14 The Guest must not assign or part with possession of the Premises or any part of it or grant any licence to occupy the whole or any part of the Premises.

Indemnify the Owner
2.15 The Guest agrees to indemnify the Owner against any loss sustained by the Owner or any sum the Owner might at any time be liable to pay, as a result of the damage to the Premises or any furniture or chattels belonging to the Owner or in relation to any claim made against the Owner, whether in relation to property damage or personal injury, or any other matter whatsoever, arising from any negligent act or omission on the part of the Guest or anyone visiting the Guest at the Premises from time to time.

Monies payable
2.16 The Guest agrees to pay or cause to be paid all of the monies referred to in the Online Booking Form.

Keys and electronic keys
2.17 The Agent will supply to the Guest one set of keys that enable access to the Premises.
2.18 Should the Guest lose possession of the keys, then the Guest will be responsible for all costs and expenses associated with replacing the keys, or gaining access to the Premises.
2.19 The Owner will replace the keys only during normal business hours.

Guest’s property
2.20 All personal belongings, luggage, vehicles and other property of the Guest of any description will be at the risk of the Guest at all times and neither the Agent or the Owner accepts any responsibility for any loss or damage there to.

Party size and disturbance
2.21 The Guest may only allow the Premises to be occupied by the number of persons nominated in the Guest’s application and under no circumstances will the number of people occupying the Premises be greater than that specified in the Online
Booking Form. The Agent reserves the right to refuse use of the Premises to the Guest if the condition on the number of people intended to occupy the Premises is not observed. Disturbance to neighbours, including excessive noise is prohibited and may result in the termination of the licence.

3. SPECIAL CONDITIONS
3.1 The parties agree that the special conditions referred to in the Online Booking Form part of this Licence. If there is any conflict between the provisions of this Licence and the special conditions then the special conditions prevail.

4. CANCELLATION
4.1 No refund of the Licence Fee is payable if the Guest leaves the Premises before the end of the Licence Period.
4.2 The Guest may cancel a reservation by providing at least 4 weeks written notice to the Agent. The Agent will then return the Deposit, less any applicable cancellation fee.
4.3 If the Guest wishes to cancel a reservation, the Guest may elect to transfer the Licence Fee already paid to the Agent to an alternative, equivalent reservation for the Premises within twelve (12) months of the cancellation IF the Premises is available. This option is not available for cancellations made one week or less prior to the reservation date.

Cancellation Policy
4.4 The following cancellation fees apply:

Notice Period & Fee
More than 4 weeks before the check-in – $100.00
Between 1– 4 weeks before the check-in date – 25% of the Licence Fee
Less than 1 week 100% of the Licence Fee
100% of the Licence Fee

Right to refuse or revoke bookings
4.5 The Agent reserves the right to revoke or refuse to honour any Premises accommodation booking which may in their opinion and at their sole discretion be unsuitable for the Premises.

Availability of Property
4.6 Should any events whatsoever arise beyond the reasonable control of the Agent which render the Premises uninhabitable (example flood, fire, storm, tempest or the Premises is sold) then the Agent may have to cancel the booking with a full refund payable to the Guest. Should such circumstances arise then the Agent will endeavour to relocate the Guest to a holiday home of similar standard in the same area. Where this is not possible, all monies paid by the Guest will be refunded in respect to the Premises. Upon refund of the monies paid, the Guest shall have no further claims whatsoever against the Owner of the Premises or the Agent.

5. HOLDING OVER
5.1 If the Guest with the prior consent of the Owner remains in possession after the expiration of the period, then the Guest must pay to the Agent the amount agreed between the parties but shall otherwise be on the same terms and conditions as this Licence.

6. END OF LICENCE CONDITIONS
6.1 The Guest agrees at the end of this Licence to return the Premises to a condition comparable with that at the commencement of this Licence.

Condition of swimming pool, spa
6.2 The Guest agrees at the end of this Licence to return any swimming pool, spa and equipment to a condition comparable with that at the commencement of the Licence.
6.3 The Guest agrees that neither the Owner nor the Agent is liable for any accidents that may occur on the Premises.
6.4 The Guest agrees that at the end of the Licence that the guest will secure all portable pool cleaning equipment in a locked area on the Premises.

Keys
6.5 The Guest agrees that all of the keys of the Premises will be collected by the Agent at the Agent’s place of business on or prior to the end of this Licence.

Licence
6.6 This Licence does not come to an end and the Guest’s obligations under this Licence shall continue until the keys are returned to the Agent regardless of whether the Guest has vacated or not.
6.7 If the Guest is unable to supply the Agent with the keys of the Premises, then the Guest agrees to pay to the Owner all costs associated with replacing the keys and this Licence will come to an end when the replacement keys have been provided to the Agent.
Movement of chattels
6.8 The Guest agrees at the end of this Licence to replace all fixtures, furniture, chattels, household effects and other items described on the Inventory List to the original positions as may be set out in the Property Condition Report.

7. REPRESENTATIONS

Representations
7.1 The Guest acknowledges that the Agent has used its best endeavours to describe the Property to the Guest within the limited extent of the communications and will not be liable to the Guest in any respect should the Guest consider the Property to be unsuitable for any reason whatsoever.

Description of the Property
7.2 All information in respect of the Premises contained in the Agent’s website and/or brochure is believed to be correct at the time of printing, however all details contained in the website and/or brochure are subject to change by the Agent and the Owner without notice. The Agent will not accept any responsibility for any alterations to the Premises or any part thereof beyond the Agent’s control or any liability for any matter or occurrences beyond the Agent’s reasonable control including damaged caused by extreme weather conditions, break down of appliances, wiring, plumbing, invasion of pests, or any act or omission on the part of the Owner causing loss, accident or injury to the Guest or any one or more of them.

Residential Tenancies Act not applicable
7.3 The Guest and the Owner acknowledge and agree that the Licence to which these conditions apply is bona fide entered into for the purpose of conferring on the Guest a right to use premises for a holiday within the meaning of Section 5(2) of the Residential Tenancies Act 1987 as amended (“the Act”) and the parties to the Agreement confirm that the provisions of the Act do not apply to the Rental Agreement.

8. DEFINITIONS AND INTERPETATION
8.1 If any provision of this Licence is invalid, unenforceable or illegal, then that provision may be severed and the remainder of this Licence will continue to be effective.
8.2 In this Licence, unless otherwise required by the context or subject matter: “Agent” means Freda Krupenia) as agent of the Owner.
“Check In Date” means the date on which the Guest gains possession of the Premises, as set out in the Online Booking Form.
“Check Out Date” means the date on which the Guest’s right to possession of the Premises comes to an end as set out in the Online Booking Form.
“Inventory” means a list of the Owner’s furniture contained in the Premises at the commencement of the Lease.
“Keys” means all keys and electronic keys that permit access to the Premises, to common property associated with a strata lot, or to car bays associated with the Premises.
“Licence Fee” means the amount referred to in the Online Booking Form, which includes the Deposit.
“Licence Period” means the period of time between the Check In Date and the Check Out Date.
“Online Booking Form” means the online booking form completed by the Guest in relation to booking the use of the Premises.
“Owner” means the owner of the Premises as referred to in the Online Booking Form.
“Property Condition Report” means the report prepared by the Owner in relation to the condition of the Premises at the commencement of the Licence, which also lists any Inventory.
8.3 Any reference in this Licence to the “Owner” doing anything means and includes it being done by the Agent in its capacity as the Owner’s Agent.
8.4 Where either the Guest or the Owner comprises more than one person, the obligations to be performed in this Licence are binding upon such two or more persons jointly and severally.

9. PRIVACY ACT 1998 – COLLECTION NOTICE
Personal information collected by the Agent through the management of the Licence including, but not limited to the Property Condition Report is necessary to manage the Licence. The personal information collected by the Agent in the Licence, in the Property Condition Report and during the period of the management of the Licence is collected for the purpose of being used in managing the Licence of the Premises and the Guest hereby consents to that collection and use. The information contained in this Licence, in the Property Condition Report and during the period of the management of the Licence may be disclosed by the Agent to other parties as permitted by the Privacy Act 1988 including to the existing Owner, subsequent owners, courts of law, other agents and operators of tenancy reference databases. Further, information already held on tenancy reference databases may be accessed by the Agent. If the Guest wishes to contact the Agent or access the personal information the Agents may hold regarding the Guest, the Guest may do so by contacting the Agent at the address described in Item 3. The Guest may also request that the information be corrected if it is inaccurate, incomplete or out-of-date. If the information referred to in this collection notice is not provided, the Agent may not be able to manage the Licence.