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 a 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, the Short-Term Rental Accommodation Code of Conduct, and any By-laws or House Rules relating to the property (where applicable), which are publicly 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.
1. INFORMATION ABOUT THE PROPERTY
1.1 • Accuracy: We endeavour 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 or any other consideration is essential for your choice of a particular property, it is advisable that you confirm this with us at the time of booking. We cannot be held liable for omissions or errors, whether temporary or permanent in regard to a property’s facilities, services, features and benefits.
1.2 • 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 endeavour 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 endeavours to repair, replace or hire an alternative where possible and reasonable. We will notify the property owner and seek/act on their instructions.
2. RESERVATIONS & PAYMENTS
2.1 • Pricing & Quotations: All pricing is in Australian dollars (AUD) and inclusive of GST, where applicable. Bookings at the rate quoted are not guaranteed until a booking deposit has been successfully processed by us and you have received formal confirmation of your booking from us in writing. Various fees may apply to your stay, as described in these terms and conditions. For all guest bookings, the booking fee, linen, cleaning, Wi-Fi, utilities, credit card fee and refundable security deposit are mandatory charges and payable according to the payment terms. Other fees, where applicable, may be automatically deducted from the security deposit or charged to the credit card provided by you. Labour requests submitted by owners, guests or tenants will incur a labour charge. View labour rates and schedule of fees.
2.1.1 • Variations to Rates: Rates may change on our website or third-party channel without notice. Any change to a booking (in whole or part) by you or us, including a charge or fee applied by us under these terms, may vary the total booking value. You may be charged any difference between the original price and the new price, even if a confirmation email has been provided and/or an agreement has been signed. The amount charged, method and timing (i.e. applied pre or post-stay) may vary, at our discretion without notice, due to, but not limited to, variation or availability of technology platforms, additional third-party costs, or changes to Australian law. Please note that supplier costs/pricing is out of our control and, if a supplier changes their costs, we will pass any changes onto you.
2.2 • Reservations/Booking Process: All bookings are on request until we charge your credit card and confirm your reservation in writing. Upon successful processing of the booking deposit and booking fee, we will send an email confirmation to you confirming your booking. Only at this point does a valid contract exist between the property owner as the accommodation provider and you, the guest. Minimum length of stay requirements will apply.
2.2.1 • Extended Stays: Where the total length of stay is between 90 nights and 179 nights (which includes any extension to a booking), you agree that you intend to use the property as temporary accommodation and do not intend to use the property as your permanent or principal place of residence. You also waive any tenant claims or rights as defined under the Residential Tenancies Act 2010.
2.3 • Security Deposit: A security deposit must be paid by credit card 30 days before arrival. 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 and other fees, as applicable. Your security deposit is refunded, less applicable deductions where necessary as described under these Terms and Conditions, usually within seven business days of your departure. Where we are unable to return the security deposit in part or in full for any reason, we will advise you within seven business days and agree on a reasonable time frame to resolve the delay.
2.4 • Payment Terms: 10% of the total accommodation (booking deposit) and the booking fee are payable to secure the booking. 40% of the total accommodation is payable within 48 hours of booking confirmation. The full balance is due no more than 30 days in advance of arrival, unless alternative payment terms are agreed upon 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 credit card fee applies for all credit card transactions. 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 credit card 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. We reserve the right to change payment terms and dates at any time. We are unable to provide access to the property until we have received the Total Booking Cost by the due dates unless alternative arrangements have been communicated and agreed upon in writing. ‘Total Booking Cost’ means the total rate or amount payable for the full period of your stay including the accommodation tariff plus any applicable fees as outlined in these Terms and Conditions and our schedule of fees.
2.5 • Credit card details: We do not store credit card details. We use PCI-compliant software to store and process the supplied credit card details to take payment for any payment due per these terms and conditions. Also, for any costs associated with any repairs or replacement of damage to the property, whether that was malicious, deliberate or negligent.
2.6 • Late Payments: We reserve the right to charge a late payment fee per day if payment is not made by the final balance date.
2.7 • Booking Fee & Amendments: A non-refundable booking fee will apply to the processing of all bookings. Amendments to bookings requested by you will incur an amendment fee. All amendments, extensions, re-arrangements or alterations must be requested in writing at least 48 hours before arrival. An amendment that results in a reduction in the length or value of the stay is considered a cancellation and therefore our cancellation policy applies. If guests change the arrival or departure date, an additional processing fee will apply. If guests extend their stay once in the property, an extension fee applies. If guests extend their stay under 48 hours before their original booking end date, then the extension fee may be doubled to facilitate making last-minute changes.
2.8 • 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 the supply of an alternative property at the same standard as booked. If satisfactory alternative arrangements cannot be made, we will refund the 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, or sold, or our appointment to act as an agent be terminated and your booking be cancelled, however, we will do our best to service you and to resolve any problems or complications that may arise.
2.9 • Cancellation Policy: Cancellations must be notified in writing. After 48 hours, the following cancellation terms apply to the whole or part of the trip (including any reduction in nights booked):
For bookings with a check-in date from 1st February to 30th November:
- If you cancel up to 60 days prior to arrival, you will receive a full refund of accommodation paid.
- Between 59-30 days prior to arrival, you will receive a 50% refund of accommodation paid.
- Within 30 days of arrival, your entire booking value is non-refundable, except the damage deposit.
For bookings with a check-in date from 1 December to 31 January (Peak Season):
- If you cancel up to 90 days prior to arrival, you will receive a full refund of accommodation paid.
- Between 89-60 days before arrival, you will receive a 50% refund of accommodation paid.
- Within 60 days of arrival, your entire booking value is non-refundable, except the damage deposit.
From the check-in date, if the booking is cancelled, including amendments where the total stay is reduced, there is no refund on any monies paid, except the damage deposit.
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 to both partial and total bookings.
2.9.1 • Channel Booking Cancellation Terms For bookings confirmed through third-party channels (e.g. HomeAway, Airbnb, Booking.com, Stayz etc.) then the assigned cancellation policy highlighted on the channel for that specific property applies and takes priority. Cancellation policies on third-party channels may vary per property and at different times of the year. The cancellation policy highlighted on your booked property is applicable. No exceptions. For specific channel cancellation terms, please check the property listing on your selected channel.
2.9.2 • COVID-19 Cancellation Terms – For guests who book directly with Property Providers after July 1, 2020, who are impacted by COVID-19 restrictions, the following cancellation terms apply:
Direct Booking Cancellation Terms: You can cancel without penalty up to and including 60 days prior to the arrival date for a full refund of the total paid booking value. For cancellations received 59-30 days prior to arrival, we will refund 75% of the total paid booking value and will hold 25% of the total booking value in credit for a future booking within the next 12 months. For cancellations received less than 30 days before the arrival date, a full credit of the total paid booking value will be issued. If your stay is cut short (i.e. you arrive later than the confirmed check-in date or must vacate the property before the confirmed exit date), the unused nights will be deemed a cancellation. For these nights, a credit of the unused nights’ booking value will be issued.
Rearrangements: Any requests to rearrange the dates of booking or extend the stay at the property, whether related to COVID-19 or not, will be subject to the usual terms and conditions.
COVID-19 Credit Terms: Any credit issued related to the COVID-19 Cancellation Terms must be used for a new booking within a 12-month period of the original arrival date for the booked property. (This means you must book a stay within 12 months of the original arrival date. You do not need to stay within this 12-month period). If this property is unavailable, the credit can be transferred to any property within the Property Providers’ portfolio. Credits are not redeemable in cash and are fully transferable to friends or family under the same credit terms.
Please Note: The COVID-19 Cancellation Terms and Credit terms described above apply ONLY if travel is restricted by Government COVID-19-related travel restrictions, which can be verified in writing from an official Government source, for bookings made directly with Property Providers. They do not apply if the booking is confirmed via a third-party channel (see 2.9.1). For all other cancellation reasons, standard cancellation terms apply (2.9). Policy: Coronavirus (COVID-19) Policy for Guests
2.10 • Refunds: Refunds, where applicable, are made within seven working days from the departure date to the credit card provided for the security deposit. Where refunds cannot be processed within seven days, we will advise in writing an alternative time frame, depending on the circumstances. 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 processing fee. A bank transfer fee per transfer will apply and may be deducted from the security deposit. This bank transfer fee also applies if and when a double payment is made unintentionally by a client and a refund is issued. 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. In relation to all refunds and returns of money, please refer to the agency’s Anti-Money Laundering Policy.
3. TERMS OF STAY
3.1 • 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 before arrival, we reserve the right to cancel the booking and may re-book it without notice. The owner or manager 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 minimise any disruption or inconvenience. In the event of an emergency situation where a tradesperson is already on the premises, they shall be permitted immediate access to the property without prior notice or announcement. An emergency situation is defined as a situation that presents an immediate threat to the property or to the health and safety of individuals on the premises. The term ‘tradesperson’ shall refer to any individual or company contracted by the Agency for the purpose of performing repairs or maintenance on the property. If a guest elects to extend their stay, we must be notified at least three working days before the originally planned exit date and payment for additional time must be received within our bank before permitting the Guest to continue to access the property. Guests remaining on the property without full payment being received may be deemed as trespassing and the guest may be asked to exit the property immediately.
3.2 • 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, an additional person fee, per night may be deducted from your security deposit. If other guests occupy the property other than the 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. If a cot and a highchair are required, Property Providers can refer you to a baby equipment hire company in Sydney.
3.3 • Check-In/Out Times: Check-in is 3:00 pm and check-out is 9:30 am. 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 organises and pays for an early or late checkout outside of paying for a full night and we are unable to fulfil 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.
3.4 • Arrival: Check-in is 3:00 p.m. on the day of arrival unless otherwise agreed at least 48 hours prior to arrival. It is your responsibility to advise us within two 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 guest 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 $110 applies for arrivals and departures that occur on Sundays and public holidays. Policy: Christmas, Boxing & New Year’s Day Arrivals and Departures
3.5 • Departure: Check-out time is 9:30 a.m. 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 may be deducted from your security deposit up until 12 noon; one night will be deducted for overstaying past 12 noon and two nights for overstaying past 2 pm. Charges for late checkouts will be calculated at the 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 you remain on the property for more than 2 hours after being asked to leave and we reserve the right to contact the police and have you forcibly removed. Unless notified in writing within 24 hours of exiting the property, you implicitly authorise us to remit the property owner the tariff (less our commission and fees) for income relevant to your stay.
3.6 • Keys: Key collection and drop off are 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 your responsibility to keep keys secure and lock the premises during your stay and on departure. Keys are not to be given to people other than registered 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 pro-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 will apply. For security reasons, we also reserve the right to charge for the change of locks to the property if keys are lost. A lockout 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 retrieval charge will apply to organize collection and delivery back to our office. Guests are solely responsible for arranging the exchange of keys as instructed by the booking confirmation and we will not compensate you for the loss of this information or unexpected travel delays. If keys are issued to a guest for any reason, before 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.
3.7 • 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. Properties may have external security cameras or smart doorbells monitoring public spaces for security purposes. Cameras may be used to verify compliance with rental policies and should not be relied upon by guests for personal security. Any damage to or intentional obstruction of cameras by guests may result in a partial or complete loss of your security deposit.
3.8 • Garbage: Garbage disposal and waste minimization is your responsibility. Excess rubbish must not be left on 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 your 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 are not disposed of properly or if there is excess rubbish at the property upon check out, additional charges will apply to have it removed. These charges include, at a minimum: a garbage call-out fee, a cleaning fee, a transportation fee, and a disposal fee (as charged by the council), which will be deducted from your security deposit.
3.9 • Cleaning: A cleaning fee is charged per stay to ensure the property is guest-ready. If the property is not cleaned to an acceptable standard for your arrival, you should advise us within two hours of arrival and the issue will be resolved within 48 hours of being notified or as agreed. During your stay, and with 48 hours notice, you may request additional cleaning and linen changes. Any additional cleaning is charged per hour, with a minimum of a 4-hour call-out fee. You may be charged additional cleaning fees on departure, which may be deducted from your security deposit. 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 on the next available non-penalty rate day due to a high workload. Cleaning is supplied by an external company and where costs exceed the amount charged, it will be passed onto you.
3.10 • Mandatory Interim Cleaning: 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 minimize disruption. If a mid-stay clean is cancelled by you, 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 two working days’ notice to be able to roster and execute it. Interim Cleaning Policy
3.11 • Linen: Linen is provided at a fee per bed unless otherwise specified by the guest and agreed to 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 may be deducted from your security deposit.
3.12 • 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 are 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, you can request the use of this permit, if it is available. Parking permits are charged per week and a refundable security deposit also applies. A late charge may apply for parking permits returned after the day of check out 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 labour charges incurred to successfully retrieve the pass. 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.
3.13 • Internet and Utilities: Wireless internet and utility access are charged per day and may be deducted from your security deposit unless it is charged upfront or specifically agreed upon at the time of booking. We are not responsible if internet access is restricted or not available. If 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. Internet access is not considered an essential service (unlike core utilities such as electricity or water) nor is it an emergency if it is not available. The inability to access, reliability, speed or quality of the internet is not a valid reason for cancellation, booking amendment or any compensation in full or in part. See Internet Policy.
3.14 • Appliances, BBQ & Fireplaces: Please make sure that the barbecue (BBQ), oven and fireplace, where applicable, are left clean. Failure to do so will result in an additional cleaning 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.
3.15 • Pool/Spa: Properties with pools/spas are unheated unless otherwise agreed by us in writing five days prior to arrival. Heating costs will be agreed upon in writing at the time of booking. We do not accept responsibility for pool/spa water being cloudy or discoloured or for equipment breakdown. However, in these unforeseen circumstances, we will endeavour to rectify and repair the pool/spa within a reasonable time frame and will seek the owner’s direction/instructions as it relates to resolving pool/spa issues.
3.16 • Mail: We are not responsible for any mail or items delivered to the property. It is strongly advised that 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. For more details see related policies – Guest & Tenant Mail.
3.17 • 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. Where pets have been agreed to be allowed on a property our Pet Policy applies at all times. Welcoming any pets into the property (including visiting friends or family 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. You will be solely responsible for the property management labour required as well as all hard costs associated with the repair or replacement of any damage related to an animal. Explicit permission is defined as a signed letter on company letterhead from us prior to taking occupancy of the property. Policy: Guest’s Pets
3.18 • Smoking: The property is strictly non-smoking unless otherwise agreed by us in writing before 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. 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 of others. As a result, we reserve the right to terminate your occupancy of the property without notice and any unused portion of the trip is forfeited at our discretion.
3.19 • Noise, Disturbances, Parties & Functions: Please respect the property’s neighbours by keeping noise to a reasonable level at all times, particularly between 10 pm and 8 am, and refrain from engaging in any drunken, obscene or antisocial behaviour. You must abide by any noise abatement order issued by the police or any regulatory authority. Private parties, functions and weddings are strictly prohibited without explicit advance written permission.
3.20 • Complaints from Neighbours: Any reported complaints from neighbours (i.e. excess noise, damage, unauthorized parking, pets, excess or improper garbage disposal etc.) will result in $220 AUD 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.
3.21 • Utilities: For stays equal to 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.
3.22 • Lost Items: You will be charged a recovery charge per hour to collect items left behind on the property, plus shipping/freight costs associated with delivering and returning the item to you. Please note: if items remain unclaimed after 14 days from departure, items will be disposed of.
3.23 • 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 their travel insurance policy or credit card agreement carefully to understand the coverage.
3.24 • 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 wilful acts 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 fees required to replace or repair the damage), we are authorized to deduct additional funds from your nominated credit card. You may also be responsible for additional accommodation fees if the property is unable to be booked 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 the same condition at the time the property was occupied by the guest. Any damage over $500 AUD including GST 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 everyday 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 foreseeable damage or harm. If you identify 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.
3.26 • Subletting: If it is discovered that you are subletting your booked property without disclosure or permission then this is deemed a breach of contract and the booking is terminated with immediate effect. No monies will be refunded for any dates left on the booking and the entire security deposit is forfeited. If it is discovered after the booking has been completed, then 25% of the total booking value will be charged to the credit card on file and the security deposit will not be refunded.
4. OTHER IMPORTANT INFORMATION
4.1 • 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 the 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.
4.2 • Commercial Use: You are authorised to occupy the property for domestic, private use only, unless otherwise agreed by us in writing at the time of booking. Different rates and charges will apply for commercial access, and only when agreed in writing by us.
4.3 • Disputes & complaint resolution: All complaints should be addressed to us in writing, and we will endeavour to settle the problem by mutual agreement between all parties within 48 hours or as otherwise agreed. Should you have a formal dispute regarding any part of the booking, you will be responsible for all litigation and travel costs in addition to our hourly management fee for the preparation and tribunal attendance if the decision favours us. Issues related to the Short-Term Rental Accommodation Code of Conduct, which cannot be resolved by us, may be lodged with the Commissioner for Fair Trading.
4.4 • 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 endeavour to respond to calls/emails as quickly as reasonably possible.
4.5 • 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 with 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. Policy: Information Privacy
4.6 • Confidentiality: This agreement is strictly confidential and must not be shared with others not associated with this agreement, including neighbours of the property.
4.7 • 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 advise us immediately, 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 September 7th, 2023. They may be changed from time to time, without notice on our website. In case of any variation of booking conditions between us and an independent third-party booking provider or agent, the terms posted on our website (propertyproviders.com.au) will apply.