SHORT TERM ACCOMMODATION - STANDARD TERMS & CONDITIONS
The following Terms and Conditions will apply to all occupants (“you”, “your”) who stay at any property managed by Dearie and Associates Pty Ltd, trading as Property Providers™ (ABN: 81163062833) (“we”, “us”, “our”, “manager”). We act as the booking agent and/or property manager for the property therefore you are entering into an contract with the owner and we are facilitating and fulfilling the service between you the guest and the owner of the property. We only accept bookings on the Terms and Conditions outlined in this document. It is your responsibility to have read and understand these Terms and Conditions before making a booking. You must ensure you and all visitors comply with these Terms and Conditions, which also includes any By-laws or House Rules relating to the property (where applicable), which are publically available on the notice board of any strata building. A breach of these Terms and Conditions by any occupant, guest or visitor will be considered a breach by you. Payment in part or in full constitutes acceptance of these Terms and Conditions. Failure to comply with these Terms and Conditions may result in, but is not limited to, you being evicted from the property, losing your security deposit and/ or other monies paid (or owed) by you. Please note all fees outlined in these terms and conditions are exclusive of 10% GST.
INFORMATION ABOUT THE PROPERTY
•Accuracy: We endeavor to ensure the information about the property is current and accurate on our website/s; however this information may change without notice. The description of the property is made in good faith and we will accept no responsibility for errors or omissions. All photos on our website/s are taken on site, are provided as an accurate representation of the described property at the time the photograph was taken and are subject to change with fair wear and tear, change in ownership, refurbishing or other circumstances outside of our control. We, nor the owner of the property (“owner”), accept responsibility for personal perceptions. If any feature/facility is essential for the guest in choosing a particular property, it is advisable that you confirm this with us at time of booking. We cannot be held liable for omissions or errors, whether temporary or permanent, in regards a property’s facilities and services.
•Facilities: All properties under our management are privately owned and are rented on a fully self-contained basis, unless otherwise agreed. In the event of faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner or us to compensate or discount however we endeavor to be fair and ethical and will review on a case by case basis. We will accept no responsibility for any inconvenience with machinery or appliance breakdown and/or missing parts. However, in such circumstances, we will undertake our best endeavors to repair, replace or hire an alternative where possible and reasonable. We will notify the property owner and seek/act on their instructions.
RESERVATIONS & PAYMENTS
•Tariff, Pricing, Costs & Quotations: All tariffs, on our website and other web portals, are dynamic and subject to change without notice. Bookings at the tariff quoted are not guaranteed until a deposit has been successfully processed by us and you have received formal confirmation of your booking from us in writing. Please note that supplier costs/pricing is out of our control and if a supplier changes their costs, we will pass any changes onto the Guest.
•Reservations/Booking Process: Upon successful processing of the security deposit payment an email confirmation will be sent to the Guest confirming the booking. Only at this point does a valid contract exist between the property owner as the accommodation provider and the Guest.
•Security Deposit: A security deposit must be paid by credit card on booking. The security deposit is designed to cover any additional costs incurred including, but not limited to, any breakage, damage or excess cleaning requirements, additional guests not registered etc. Your security deposit is refunded, less applicable deductions where necessary as described under these Terms and Conditions, within 7 business days of your departure.
•Payment Terms: 50% of the total tariff is payable within 48 hours of booking plus the nominated security deposit and booking fee. The full balance is due no more than 30 days in advance of arrival, unless alternative payment terms are agreed in writing. If payment is not received by the due dates, we reserve the right to cancel the booking according to our Cancellation Policy. We are unable to accept payment by cheque however will accept payments by Visa, MasterCard, American Express or direct deposit into our nominated account. Your security deposit must be paid by credit card. A 2% merchant fee is applicable for Visa and MasterCard and 2.5% for American Express. If the first payment is provided by credit card, all future payments will be automatically deducted from the nominated credit card on the nominated due dates, unless otherwise agreed or notified at the time of booking. If funds are transferred into our bank account, guests must notify us of the time, date and receipt number of the transaction and indicate the booking reference number on the transfer. We are not responsible for any bank transaction fees or charges. If a credit card transaction is declined for any reason, a $27.50AUD reprocessing fee will be charged. The owner of any credit card provided must be the same person as recorded in the booking and the person who has paid for the security deposit will be deemed responsible for the entirety of the booking. Property Providers™ reserves the right to change payment terms and dates at anytime. ‘Total Booking Cost’ means the total rate or amount payable for the full period of your stay including the basic tariff plus security deposit; fees for the supply of rollaway beds, cots and high chairs; administration (Credit Card reprocessing fees) and any other fees as outlined in these Terms and Conditions. We are unable to provide access to the property until we have received the full amount of the entire duration of the stay unless alternative arrangements have been communicated and agreed in writing.
•Credit card details: Property Providers will save guest's credit card details for taking payment for any outstanding payment due as per these terms and conditions of booking and fees noted within. Also for any costs associated with any repairs or replacement of damage to the property, whether that was Malicious, Deliberate or Negligent.
•Late Payments: We reserve the right to charge a late payment fee of $20 AUD per day if payment is not made by the final balance date.
•Booking fee & Amendments: A non-refundable fee of $132 AUD will apply to the processing of all bookings. Amendments to bookings requested by the guest, will incur a $132 AUD amendment fee. All amendments, re-arrangements or alterations must be requested in writing at least 48 hours prior to arrival. Please note: if guests reduce the duration of stay, the cost will revert to the rack rate calculated by the actual nights for the entire length of the stay. If guests change the arrival or departure date an additional $132 AUD processing fee will apply. An amendment which is a reduction in the length or value of stay is considered a cancellation.
•Availability: We will make every effort to ensure the property booked is available for the dates agreed. However, we reserve the right to make alterations to bookings or supply an alternative property before or during your stay for any reason due to unforeseen circumstances including, but not limited to, “Acts of God”, emergency repairs, limited availability, owner requirements or a change in ownership. We will provide you with written notice if a pre-booked property becomes unavailable, however we cannot guarantee supply of an alternative property at the same standard as booked. If satisfactory alternative arrangements cannot be made, we will refund monies paid for the whole or part of the booking not fulfilled. The owner reserves the right to cancel a booking at any time. We cannot be held responsible should a property be listed for sale, sold or our appointment to act as an agent is terminated and your booking is cancelled however we will do our best to service you and to resolve any problems or complications that may arise.
•Cancellation Policy: Cancellations must be notified in writing and monies paid will only be refunded if a new booking can be secured for the same time period of your original booking. If we can rebook the period cancelled for the same tariff then we will refund monies paid, less a 25% cancellation fee of the total booking value and credit card fees if you paid by credit card. If we need to discount to rebook the period cancelled, then we will refund your deposit less the difference between the rates and a 25% cancellation fee and credit card fees if you paid by credit card. If a new booking cannot be secured, the monies paid will not be refunded. Any applicable funds due to be refunded will be considered and calculated at the departure date of the original booking in order to provide an accurate calculation. We reserve the right to cancel any booking where payments have not been made according to the payment terms. This policy applies for both partial and total bookings.
•Refunds: Refunds, where applicable, are made on within 7 working days from the departure date to the credit card provided for the security deposit. Where payments are made via bank transfer, it is your responsibility to provide us with the relevant and accurate bank account details in writing for your security deposit to be refunded at the time of booking. If international bank transfers are required, the cost of the transfer will be absorbed by the guest plus a $55.00 AUD processing fee. For domestic bank transfers a cost of $27.50 AUD per transfer will apply and will be deducted from the security deposit. If insufficient security deposit funds are available; the debt will be passed onto a debt collecting company or the courts for the debt plus recovery costs.
TERMS OF STAY
•Property Access: Full payment must be received before access to the property will be provided. If full payment is not received at least 24 hours prior to arrival, we reserve the right to cancel the booking and may re-let it without notice. The owner or manger reserves the right to conduct inspections, repairs or general property maintenance while the guest occupies the property, with reasonable notice. If access is required, the manager, owner and any contractors will respect your privacy and will do everything possible to minimize any disruption or inconvenience. If a Guest elects to extend their stay we must be notified at least 3 working days prior to the original planned exit date and payment for additional time must be received within our bank prior to permitting the Guest to continue to access the property. Guests remaining in the property without full payment being received may be deemed as trespassing and the guest may be asked to exit the property immediately.
•Occupants: The names, number of people and ages provided at the time of booking must be accurate for the guest/s who will occupy the property. If the registered number of people exceeds the number agreed, a fee of $110AUD per person, per night will be deducted from your security deposit. If other guests occupy the property other than agreed, the total security deposit may be forfeited and the owner/manager reserves the right to terminate the guest’s booking immediately. There is no additional charge for an infant under two years of age. A cot and/or high chair are available for a charge of $66AUD per week.
•Check-In/Out Times: Check in is 3:00pm and check out is 9:30am. Please contact us 48 hours prior to arrival/departure if you would like to request an early check in or late check out. We are unable to guarantee early or late check ins/outs in any circumstances unless the guest has booked and paid for an additional night to accommodate this. If a guest oganises and pays for an early or late checkout outside of paying for a full night and We are unable to fulfill this requirement, any funds charged for early/late checkout will be reimbursed to the guest upon return of their security deposit and in no circumstances will additional compensation be awarded. All early/late checkouts must be confirmed in writing by Us and noted within our booking system.
•Arrival: Check in is 3:00pm on the day of arrival otherwise agreed at least 48 hours prior to arrival. It is your responsibility to advise us within 2 hours of check in if the property does not meet your expectations or if you have any concerns about the condition of the property so that we are aware of them. In these cases we will endeavour to action and resolve issues quickly and effectively. The property is inspected at the end of every guests stay and a home guide will be available at the property on arrival. Any variation to the condition inventory report on your departure may incur additional charges. A surcharge of $55AUD applies for arrivals and departures that occur on Sunday's and public holidays.
•Departure: Check out time is 9:30am unless otherwise agreed in writing at least 48 hours prior to departure. If guests or their possessions remain in the property after the agreed check out time, 50% of 1 night will be deducted from your security deposit up until 12 noon; 1 night will be deducted for overstaying past 12 noon and 2 nights for overstaying past 2pm. Charges for late check outs will be calculated at rack rate. Please follow the exit instructions available that are provided to you in your key collection kit, home guide and on our website and/or as advised by us to avoid additional charges. Guests who have attempted to extend their stay without written confirmation and remain in the property without full payment being received may be asked to exit immediately. It will be considered an act of trespassing if a Guest remains in the property for more than 2 hours after being asked to leave and we reserve the right to contact the police and have the Guest forcibly removed. Unless notified in writing within 24 hours of exiting the property, the guest implicitly authorises Us to remit the property owner the tariff or rent minus our commission and fees for income relevant to their stay.
•Keys: Key collection and drop off is available from our office at Shop 3, 536 Sydney Road, Seaforth 2092 unless otherwise advised prior to your arrival. A maximum of 2 sets of keys will be available. It is the guest’s responsibility to keep keys secure and lock the premises during their stay and on departure. Keys are not to be given to people other than unregistered guests without our written approval. Keys are to be returned according to our instructions at the time of booking or as communicated by the exit instructions provided on our website and/or as advised by us. We reserve the right to charge an additional per rata tariff should keys not be returned upon check-out time until the time all keys and remotes have been returned to our office. If keys and/or remotes are lost or not returned a minimum replacement fee of $110AUD for the key/remote will apply. For security reasons, we also reserve the right to charge for the change of locks to the property, if keys are lost. If keys and/or remotes are lost or not returned on check out, a minimum replacement fee of $110AUD will apply. A lock out charge will apply, depending on the time of day/night, if access is required during your stay. If the keys are left within the premises on check out and are not returned to our office, a minimum of $55AUD charge will apply to organise retrieval and delivery back to our office. Guests are solely responsible for arranging the exchange of keys as instructed by the booking confirmation and the Manager will not compensate the Guest for loss of this information or unexpected travel delays. In the event that keys are issued to guest for any reason, prior to the formal commencement of the booking, guests are fully liable for any damage or incidents that occur at the property, during the time they have access to it.
•Security: It is your responsibility to maintain the security of the property. You will be held responsible for any incident that occurs during your stay or upon departure as a result of the premises being left unsecured.
•Garbage: Garbage disposal and waste minimisation is your responsibility. Excess rubbish must not be left in the property, public or common areas. You must dispose of all garbage appropriately within designated bins outside the property, including recycling bins as labelled. It is also the guest’s responsibility to place these bins out on the street on designated local council garbage and recycling collection days as described in the home guide. Please contact us for details on garbage collection if required. If garbage and recycling is not deposed of properly or if there is excess rubbish at the property on check out, additional charges will apply to have it removed. These charges include, at minimum: a garbage call out fee of $150AUD, a cleaning fee of $66AUD per hour, a $110AUD transportation fee, and a disposal fee as charged by council, which will be deducted from your security deposit.
•Cleaning: Cleaning cost is charged at $44AUD per hour, with a minimum of 4 hour call out fee. If the property is not cleaned to an acceptable standard for your arrival, you should advise us within 2 hours of arrival and the issue will be resolved within 48 hours of being notified or as agreed. You will be charged the cleaning fee on departure and this will be deducted from your security deposit. During your stay, and with 48 hours notice, you may request additional cleaning (at the minimum hourly rate) and linen changes ($44AUD per bed including towels). For long-stay bookings (13 nights or more) the property will be cleaned (at the minimum hourly rate) and all linen changed (per bed fee) at an agreed time within each 14 day period to minimise disruption. If a mid-stay clean is cancelled by a guest, we require 48 hours notice to avoid a minimum 3 hour call out fee or if a mid-term clean is required we require at least 2 working days notice to be able to roster and execute it. Penalty rates apply when cleaning is required for a same day changeover on a public holiday or Sunday or if we are unable to attend to the property the next available non-penalty rate day if we are unable to get to the property due to high workload. Cleaning is supplied by an external company and if rates are adjusted these costs will be passed onto the guest.
•Linen: Linen is provided at a fee of $44AUD per bed, unless otherwise specified by the guest and agreed by us at the time of booking. Linen includes all sheets and all interior towelling. We cannot guarantee the availability of beach/pool towels. If any linen is missing from the property or is damaged, the applicable replacement cost will be deducted from your security deposit.
•Access & Parking: You must comply with all parking regulations and show consideration to neighbours and other vehicles, allowing ease of access with minimum disturbance. Occupying visitor parking spaces is only available with our prior written approval. The maximum number of vehicles permitted onsite in the designated parking space(s) will be confirmed by us. Parking in or across driveways, on common grounds, footpaths, in restricted parking areas and/or in non-designated parking spaces is forbidden and may result in fines and/or towing at your expense. Where a specific property has a parking permit, a guest can request use of this permit if it is available for an additional $50.00 per week and a $500 refundable security deposit. A late charge of $10 per day will apply for parking permits returned after the day of checkout until a new permit can be sourced by the owner plus compensation that we have to provide subsequent guests for the inconvenience of not having a permit and associated labor charges incurred to successfully retrieve the pass at $60 per hour. We are unable to guarantee parking under any circumstances. We are unable to guarantee parking permits for properties that do not have off street parking therefore if parking is required to be guaranteed, it is recommended that you book a property where parking spot(s) are on the property title.
•Internet and Utilities: Wireless internet and utilities access is charged from $11.00 AUD per day and may be deducted from your security deposit, unless it is charged upfront or specifically agreed at the time of booking. We are not responsible if internet access is restricted or not available. If the internet access is not available, you will not be charged for the period of unavailability if it is due to a restriction imposed by a service provider or owner. We are not responsible for any mechanical failure, breakdown or failure of your equipment to connect with the wireless connection provided. If there is excessive data usage, we reserve the right to charge a reasonable amount for additional data allowance.
•Appliances, BBQ & Fireplaces: Please make sure that the barbecue (BBQ) and oven are left clean. Failure to do so will result in an additional $165AUD charge for each appliance. If you are staying within a property that has a common BBQ area, please gain permission in writing from us before using it as different strata owner corporations have different policies regarding the usage of common areas. Use of fireplaces is strictly prohibited without written consent.
•Pool: Properties with pools are unheated, unless otherwise agreed by us in writing 5 days prior to arrival. Heating costs will be agreed in writing at the time of booking. We do not accept responsibility for pool water being cloudy or discolored or equipment breakdown. However, in these unforeseen circumstances, we will endeavour to rectify and repair the pool within a reasonable time frame and will seek owners direction/instructions as it relates to resolving pool issues.
•Mail: We are not responsible for any mail or items delivered to the property. It is strongly advised for longer term tenancies, you arrange a local postal box or alternative mail delivery arrangements. If you request mail to be retrieved, re-sent or redirected from a property, additional charges will apply.
•Pets: Pets are not permitted at any time in the property (including balconies, common areas and grounds), unless explicitly agreed by us in writing prior to arrival. Welcoming any pets into the property (including visiting friend's or family's pets) without explicit written permission will constitute a total loss of your security deposit as the property will need to be professionally fumigated and cleaned for health and safety reasons. The guest will be solely responsible for property management labor required as well as all hard costs associated with repair or replacement of any damage related to an animal. Explicit permission is defined as signed letter on company letterhead from us prior to taking occupancy of the property.
•Smoking: The property is strictly non-smoking, unless otherwise agreed by us in writing prior to arrival. If the property is located in an apartment building, the balconies, common areas and grounds of the building are also non-smoking areas as they are considered part of the premises. Smokers may smoke outside the premises and must respect the neighbours and the environment by disposing of cigarette filters appropriately. Additional charges may apply if smoking has occurred in/on the property and we reserve the right to withhold part of or the entire security deposit. Smoking can be offensive, is a fire hazard and is harmful to the health others. As a result, we reserve the right to terminate a guest's occupancy of the property without notice and tariff for unused time being forfeited is at our discretion.
•Noise, Disturbances, Parties & Functions: Please respect the property’s neighbours by keeping noise to a reasonable level at all times, particularly between 10pm and 8am, and refrain from engaging in any drunken, obscene or antisocial behaviour. You must abide by any noise abatement order issued by police or any regulatory authority. Private parties, functions and weddings are strictly prohibited without explicit advance written permission. Any disruption, disturbance or unauthorised parties affecting neighbours is prohibited and may result in termination of rental including total loss of the security deposit and rent/tariff.
•Complaints from Neighbours: Any reported complaints from neighbours (i.e. excess noise, damage, unauthorised parking, pets, excess or in proper garbage disposal etc.) will result in $220AUD per complaint being deducted from your security deposit. Unauthorized pets, parties and functions may also incur additional cleaning, garbage removal and repair charges, where applicable and/or total loss of security deposit and rent/tariff.
•Utilities: For stays equal or greater than 14 nights, we reserve the right to charge for electricity costs on a nominated nightly amount, which will be deducted from your security deposit. Rates will vary depending on the size and features of the property and may increase without notice due to prolonged usage of air conditioning and heating.
•Lost items: You will be charged at $66AUD per hour to recover items left behind in the property, plus any and shipping/freight costs associated to deliver and return the item to you. Please note: if items remain unclaimed after 14 days from departure, these items will be disposed of.
•Travel Insurance: Guests should consider their need to buy travel insurance to cover cancellation costs, medical expenses, personal belongings and other travel related expenses during their stay. Guests should read the terms and conditions of your travel insurance policy or credit card agreement carefully to understand the coverage.
•Damage, Theft, Loss & Risk: Any damage (including breakage), theft or loss is exclusively your responsibility during your stay. You will be responsible for damage to the property, its equipment, fixtures or fittings, common property or to neighbouring properties caused by your negligence, but not ‘fair wear and tear’. You are also responsible for damage caused by all registered occupants, your guests or other people invited into the property. If the property is damaged during your occupancy due to accidental, negligence or willful act of you or your guests, the property will be repaired by us and this cost deducted from your security deposit. If your security deposit is not sufficient to cover all costs (including labour and/or management fee of $110AUD per hour) required to replace or repair the damage, we are authorised to deduct additional funds from your nominated credit card. You may also be responsible for additional rental fees if the property is unable to be let by another guest following such damage. The fees associated with this will be calculated at the rack rate until the required repairs are completed and the property is restored to same condition at the time the property was occupied by the guest. Any damage over $500AUD may result in a report lodged with the police as malicious damage. ‘Fair wear and tear’ means the deterioration that occurs over time with the normal every day use of the premises, even though the premises receive reasonable care and maintenance. ‘Negligence’ is defined as failure to give care or attention especially when could cause forseable damage or harm. If a Guests identifies any risk associated with the property they are to advise the Manager immediately and the manager will endeavour to have the issue addressed and resolved as quickly as possible.
OTHER IMPORTANT INFORMATION
•Indemnity: The owner/manager is not liable and takes no responsibility in any way for guests’ personal property or injury that may occur to you or others while occupying the property. The guest shall hold owner or manager harmless and indemnified against all loss, injury or damage occasioned by the use, misuse or abuse of any part of the property and from or against any omission, neglect or default of the guests (or others), licensees or invites.
•Commercial use: Properties and tariffs are for domestic, private use only, unless otherwise agreed by us in writing at the time of booking.
•Disputes & complaint resolution: All complaints should be addressed to us in writing and we will endeavor to settle the problem by mutual agreement within 48 hours or as otherwise agreed. Should you formally dispute the rental (in part or in full), you will be responsible for all litigation costs and travel in addition to $220AUD per hour charged for our preparation, travel and attendance of tribunal if the decision favors us.
•Communication: The Manager will not be held responsible for answering phone calls/emails outside of working hours displayed on our website and or on public holidays. We will endeavor to respond to calls/emails as quickly as reasonably possible.
•Privacy Compliance: We collect your personal and financial information to provide and market a range of products and services. Personal or financial information will not be disclosed to any other party or used for any other purpose, unless required by law. As this is a privately owned residential property, we require the collection of personal and financial details for security and risk management purposes and these details may be used in the event of an accident, loss or damage. Unless otherwise requested, We reserve the right to share your name, email address and phone number only to our strategic concierge and relocation partners who may contact you to offer you a service to enhance your stay and experience, unless you specifically advise us otherwise.
•Confidentiality: This agreement is strictly confidential and must not be shared with others not associated with this agreement, including neighbours of the property.
•Variations: to these Terms and Conditions may only be made and must be agreed to by both parties, prior to any monies paid, with us in writing. We reserve the right to reasonably change part of these Terms and Conditions at any time, without notice and other communication. It is your responsibility to keep yourself updated on any changes to these Terms and Conditions. If you object to a change of the Terms and Conditions after paying your deposit, it is your responsibility to immediately advise us, and we both agree to negotiate reasonably to produce an outcome acceptable to both parties. Any such negotiation must take place before you occupy the property.
•Effective date: These Terms and Conditions were last updated on July 31st 2018. They may be changed from time to time, without notice on our websites. In case of any variation of booking conditions between us and an independent third party booking provider or agent, the terms posted on our websites (propertyproviders.com.au or homesawayfromhome.com.au) will apply.
Traveller's card details will be saved and may be charged for certain losses or expsenses after their stay