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TERMS AND CONDITIONS

 

1. Important

 

1.1. Please read these terms and conditions carefully.

1.2. These terms and conditions apply between you and us as agent of the Owner in relation to the management of the Property for Holiday Rental.

1.3. All bookings made via third-party websites (including but not limited to www.stayz.com.au and www.booking.com) or with us are made subject to these terms and conditions including the house rules at annexure A and 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. 

1.4. In the event that a booking has been made for the Property through a third-party website (including but not limited to www.stayz.com.au and www.booking.com), the third-party’s terms and conditions in relation to payment will apply and their cancellation terms and conditions may also apply. You should ensure that you read the terms and conditions of third-party websites, if applicable.

1.5. House rules for the Property are set out in annexure A and form part of these terms and conditions. House rules are to ensure that Guests and Visitors know and comply with the specific rules governing their permission to enter and occupy the Property. 

1.6. The consequences of not complying with these terms and conditions can include enforcement action from us, the Owner, security services and local councils or, in some instances, the Police. Such enforcement action could result in termination of permission to occupy the Property, eviction, loss of money paid, charges or deductions from security bonds and extra charges. Enforcement action is subject to the Australian Consumer Law and other relevant legislation.

 

2. Defined terms

 

2.1. In these terms and conditions:

Christmas/New Year Peak Season means from 1 December to 31 January (inclusive).

Guest(s), occupant(s), you or your means a person who stays overnight in the Property during the term of the occupancy.

Holiday Rental means rental of property for holiday purposes.

Us, we or our means Capvale Pty Ltd trading as Elders Real Estate Lennox Head who acts on behalf of the Owner to manage the Property for Holiday Rental.

Owner means the person or entity who owns the Property. It includes the lessee of the Property who sublets or licences it to others for Holiday Rental.

Property means premises including houses, villas, townhouses, apartments, secondary dwellings and the like managed by us on behalf of the Owner.

Standard Season means from 1 February to 30 November (inclusive).

Visitor means a person a Guest invites or permits to visit the Property during the term of the occupancy who does not stay overnight.

 

3. Provisional reservation

 

3.1. A provisional reservation may be made through our website at www.lennoxheadholidays.com, through third-party websites (including but not limited to www.stayz.com.au and www.booking.com), by email or phone to our office. 

3.2. Provisional reservations are held for 48 hours pending receipt of the deposit and booking fee. If you fail to pay the deposit and booking fee within 48 hours of making the provisional reservation, your provisional reservation will be cancelled without notice.

 

4. Deposit and booking fee

 

4.1. To confirm your reservation, you must pay: 

a. a non-refundable deposit equal to 50% of the total tariff; and 

b. a non-refundable $50 booking fee.

4.2. Once payment of the deposit and booking fee has been made, confirmation of that payment and your reservation will be sent to you via the email you provided at the time you made the booking. 

 

5. Final payment 

 

5.1. If any part of your reservation falls on a date in the Christmas/New Year Peak Season (1 December to 31 January, inclusive), you must pay: 

a. the balance of the tariff by no later than 1 November; or

b. the full amount of the tariff plus the booking fee at the time of booking if you make a booking on or from 1 November.

5.2. In the case of reservations made within the Standard Season (1 February to 30 November, inclusive): 

a. you must pay the balance of the tariff by no later than 30 days before your arrival date; or

b. if you make a reservation within 30 days of your arrival date, you must pay the full amount of the tariff and the booking fee at the time of booking.

5.3. If you fail 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.

5.4. Once final payment of your booking has been made, confirmation of that payment and your booking will be sent to you via email. 

 

6. Signed terms and conditions

 

6.1. By no later than 14 days before the commencement of your stay at the Property, or upon the time of booking if the commencement of your stay is within 14 days, you must complete and provide to us a signed copy of these terms and conditions.

 

7. Security bond

 

7.1. In the case of reservations made via our website or a third-party website (including but not limited to www.stayz.com.au and www.booking.com but excluding www.airbnb.com.au), you agree that the security bond will be the credit or debit card information supplied for the booking through the payment gateway SecurePay. Such credit or debit card information will be stored for 14 days from your departure of the Property.

7.2. In the case of reservations made via www.airbnb.com.au, their terms and conditions in relation to a security bond will apply. You should ensure that you carefully read Airbnb’s terms and conditions.

7.3. In the case of all other reservations, you agree alternative arrangements for a security bond will be made in advance of check-in that may include the provision of a security bond authorisation form.

7.4. 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. 

 

8. Check-in 

 

8.1. Standard check-in is from 2:00pm (NSW time) on the arrival date, but times may vary and we will inform you prior to your arrival should this occur. 

8.2. We will try to accommodate requests for an early check-in, but they are subject to availability and fees may apply. 

8.3. You will need to attend our office to collect any keys, remotes or security devices for the Property. If you are unable to collect during office hours, please advise in advance so we can make arrangements for collection from the key lock box outside our office.

8.4. If you collect the keys, remotes or security devices from the key lock box outside office hours, you agree to attend our office on the next business day in order to satisfy our requirements at check-in.

8.5. The person collecting the keys, remotes or security devices must be:

a. the person who made and paid for the booking;

b. the person who’s credit or debit card information has been supplied for the security bond;

c. the Guest named on the booking;

d. over 18 years old;

e. the person who has signed these terms and conditions; and

f. staying at the Property.

8.6. If you are unable to satisfy any of the above requirements at check-in, please advise prior to the arrival date so we can we determine at our sole discretion whether any alternative arrangements can be made. Otherwise, we may take any of the following measures:

a. cancel your reservation;

b. require you to pay any applicable expenses or costs in connection with the reservation; and/or

c. forfeit any money paid by you or on your behalf.

8.7. For fraud prevention purposes, we may ask you to provide photo ID or undertake additional checks designed to help verify the identities or backgrounds of Guests. A record and/or copy of this photo ID may be retained by us. 

 

9. Check-out

 

9.1. Standard check-out is no later than 9:30am (NSW time) on the departure date. 

9.2. We will try to accommodate requests for a late check-out, but they are subject to availability and fees may apply. 

9.3. You agree to vacate the Property and return any keys, remotes or security devices for the Property to our office by 9:30am (NSW time) on the departure date or such other time as mutually agreed upon between you and us. 

9.4. If you are unable to return any keys, remotes or security devices for the Property during office hours, please advise in advance so we can make other arrangements. In this regard, we may require you to leave the keys, remotes or security devices in the Property or in the key lock box outside our office.

9.5. If you stay past the agreed check-out time without our consent:

a. you no longer have a licence to stay in the Property and we may make you and other Guests and Visitors at the Property leave in a manner consistent with applicable law; and

b. you agree to pay for each 24-hour period (or any part thereof) that you overstay, an additional nightly fee of up to two times the average nightly listing tariff originally paid for your stay to cover the inconvenience suffered by us and the Owner, plus all applicable fees, taxes and any other expenses incurred by us or the Owner to make you leave. We will collect from you and/or charge or deduct from the security deposit such sums as required to cover the overstay. 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 overstay.

 

10. Payments

 

10.1. We accept payments by the following methods:

a. online via our website or third-party websites (including but not limited to www.stayz.com.au and www.booking.com); 

b. Visa or MasterCard.

10.2. Credit card payments incur a 1% surcharge.

10.3. If a credit or debit card transaction is declined for any reason, a re-processing fee may be imposed on you. 

10.4. Payments by cash, cheque, American Express and Diner’s Club will not be accepted.

 

11. Payment authorisations

 

11.1. You 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:

a. 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);

b. taxes, where applicable;

c. any administrative fees imposed pursuant to these terms and conditions;

d. 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;

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 or mass 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;

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

11.2. You 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.

 

12. Prices and tariffs

 

12.1. All prices and tariffs are subject to change without notice. The tariff for a Property is only guaranteed once a deposit and booking fee has been made and you have received from us written confirmation of that payment and your reservation.

12.2. If any specials are held or lower prices advertised once any payment is made in relation to the booking, we cannot amend the tariff.

12.3. Any quote given is an estimate only of price, which will be subject to a written confirmation of the reservation. 

12.4. Any prices, fees, amounts or charges which are specified or referred to in these terms and conditions are inclusive of GST and in Australian dollars.  

 

13. Cancellations and amendments to reservations by you

 

13.1. All amendments to reservations are subject to availability and applicable pricing of the Property at the time the amendment is requested.

13.2. If you need to cancel or amend your reservation, please notify us in writing as soon as reasonably practicable. 

13.3. A cancellation will not take effect until we receive written confirmation from you.

13.4. If you cancel your reservation, any money paid by you or on your behalf is not refundable unless we are able to re-let the same Property on the same dates for a tariff equal to or greater than your booking. If we are able to secure such a booking, you will receive a full refund of money paid by you or on your behalf less an administrative fee of $150, our $50 booking fee, any credit or debit card fee and any applicable fees or taxes charged by third-party websites (including but not limited to www.stayz.om.au and www.booking.com).

 

14. Cancellations and amendments to reservations by us

 

14.1. We do not expect to make any changes to your reservation, however, there may be a rare occasion where unforeseen events or problems occur and changes or cancellations to reservations may need to be made. 

14.2. If we need to cancel or amend your reservation, we will contact you as soon as reasonably practicable. 

14.3. If we cancel your reservation, you will receive a refund of any money paid by you or on your behalf. Neither we nor the Owner will be liable for any refund of money paid by you or on your behalf to third parties (including but not limited to fees for travel, activities or insurance).

 

15. Damage

 

15.1. 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. 

15.2. You are responsible for your 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).

15.3. 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. 

15.4. If you or 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) 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. 

15.5. You 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). 

15.6. You 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. 

15.7. We reserve our right to terminate your permission to occupy the Property and evict all Guests and Visitors for non-compliance with this clause. 

 

16. Information about the Property

 

16.1. All information about the Property is specified and supplied in good faith, but may be subject to change. 

16.2. Whilst care is taken to ensure that the information, photos, videos and descriptions of the Property (including its features, facilities, equipment and services) are accurate, on occasion the Property may change or be upgraded (including but not limited to the Property’s features, facilities, equipment and services being removed, altered, replaced or taken out of service). 

16.3. If any feature, facility, equipment or service is essential to you in choosing the Property, it is your responsibility to confirm this with us prior to making your booking that the feature, facility, equipment or service will be available during your stay. 

16.4. Information, photos, videos and descriptions of the Property are based on information available at the time of publishing and may vary or change at any time.

16.5. To the extent permitted by law, we are not liable for:

a. any omissions, errors or changes to features, facilities, equipment or services at the Property, whether temporary or permanent; and

b. any unmet expectations/perceptions or dissatisfaction of Guests in respect of the Property, including but not limited to expectations and perceptions relating to the Property’s features, facilities, equipment or services.

16.6. Map images and location photographs, if shown, for the Property are for general information and may not necessarily reflect the actual routings or locations provided.

 

17. Personal information and privacy

 

17.1. If you make a reservation with us, we will require personal information including your full name, address, contact mobile, credit or debit card details and the number and age of Guests staying at the Property (including type and number of animals, if applicable). We will use this information for the purpose of assessing suitability of accommodation, contacting you and for securing your booking. 

17.2. You agree that your personal information will be managed by us in accordance with its Privacy Policy. The Privacy Policy is available on our website at www.elderslennoxhead.com.au. 

 

18. Compliance

 

18.1. You agree to comply with all terms and conditions including the annexed house rules, any by-laws, any other rules or regulations applicable to the Property and any lawful and reasonable instructions from us (or our representatives), caretakers, security services or authority during your stay. 

18.2. You are responsible to ensure that all Guests, as well as any Visitors to the Property, observe these terms and conditions including the annexed house rules, any by-laws, any other rules or regulations applicable to the Property and any lawful and reasonable instructions from us (or our representatives), caretakers, security services or authority during their stay. 

18.3. We may immediately, without notice, terminate your permission to occupy the Property if: 

a. you or 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) have materially breached these terms and conditions including the annexed house rules;

b. you or 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) have violated applicable laws, regulations or third-party rights; or 

c. we believe in good faith that such action is reasonably necessary to protect the personal safety or property of us, the Owner or third parties (e.g. in the case of fraudulent or other illegal activity).

18.4. In addition, we may take any of the following measures:

a. collect from you and/or charge or deduct from the security deposit such sums as required;

b. revoke your licence to stay in the Property; and

c. make you and other Guests and Visitors at the Property leave in a manner consistent with applicable law.

18.5. In the case of non-material breaches and where appropriate, you will be given notice of any intended measure by us and an opportunity to resolve the issue to our reasonable satisfaction.

 

19. Limitation of liability, release and indemnity

 

19.1. 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. you 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.

19.2. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including Australian Consumer Law).

19.3. Nothing in these terms and conditions is intended to exclude or modify any right, remedy or liability under the Australian Consumer Law. 

 

20. Events beyond our control

 

20.1. We do not accept liability whatsoever for any injury, damage, loss, delay, expense or inconvenience caused directly or indirectly to your booking or stay at the Property by any act, event or circumstance which is beyond our control including, but not limited to, the sale of the Property, fire, floods, acts of God, acts of government or public authority/body, inclement weather, disaster, theft, beach erosion, failure of water supply and failure of electricity supply. 

20.2. Building or other works may be carried out on properties or areas in close proximity to the Property. Such works are beyond our control and neither we nor the Owner accept any responsibility for any disturbance, noise or inconvenience suffered by Guests as a consequence. There will be no refund, discount or compensation provided to you in respect of any building or other works carried out on properties or areas in close proximity to the Property.

20.3. All travel documents, observance of laws and regulations are your responsibility.

 

21. Destination

 

21.1. We make no representations as to the safety, conditions or other issues that may exist at Lennox Head and its surrounding areas (including but not limited to Ballina, Byron Bay and the Gold Coast). 

 

22. Insurance

 

22.1. We recommend that you consider purchasing a travel insurance policy of your choice. 

 

23. Licence not a tenancy

 

23.1. This is not a residential tenancy agreement under relevant residential tenancy legislation. 

23.2. Guests are granted with a limited permission to occupy the Property for holiday purposes.

23.3. Failure to comply with your obligations in these terms and conditions may result in termination of permission to occupy to the Property and eviction. 

 

24. Any complaints or problems

 

24.1. Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint, it is important that any necessary remedial action is taken as soon as possible.

24.2. It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometime impossible) to resolve difficulties properly unless we are promptly notified.

24.3. If any complaint or issue cannot be resolved during your stay, you must write to us with full details within 14 days of the end of your stay.

 

25. Governing law

 

25.1. These terms and conditions are governed by the laws of New South Wales and any action arising under them or in any way connected with your reservation may be brought only in a court in Australia.

 

26. Changes to the terms and conditions

 

26.1. We reserve the right to change or amend these terms and conditions at any time without notice.

 

27. General

 

27.1. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.

27.2. Our failure to enforce any right or provision in these terms and conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 

27.3. Identity verification on the internet is difficult and we do not assume any responsibility for the confirmation of Guest’s identity. However, if we choose to conduct identity verification or background checks on any Guest, to the extent permitted by law, we disclaim warranties of any kind that such checks will identify prior misconduct by a Guest or guarantee that a Guest will not engage in misconduct in the future.

27.4. If you make payment with a credit or debit card, or supply credit or debit card information for a security bond, in respect of your booking or stay at the Property, you represent and warrant that you have authority to use that credit or debit card and grant us with approval and/or authority to charge or deduct amounts from the credit or debit card as required under these terms and conditions. 

27.5. If you make payment, or supply credit or debit card information for a security bond, for a company in respect of your booking or stay at the Property, you represent and warrant that you have authority to legally bind that entity and grant us all permissions and licences provided in these terms and conditions. 

27.6. You must provide us or any third-party websites (including but not limited to www.stayz.com.au and www.booking.com) with accurate, current and complete information at all times in respect of your booking and stay at the Property (including but not limited to the credit or debit card information supplied for the security bond). 

27.7. You agree to cooperate with and assist us in good faith and to provide us with such information and take such actions as may be reasonably requested by us in connection with your booking or stay at the Property.

27.8. Payments may involve the use of third-party payment service providers (including but not limited to www.stayz.com.au and www.booking.com). These service providers may charge you additional fees when processing payments in connection with your booking or stay at the Property. We or the Owner are not responsible for any such fees and disclaim liability in this regard. These third-party payment service providers may also be the subject to additional terms and conditions. You should ensure that you read the terms and conditions of third-party payment service providers, if applicable.

27.9. If you have any questions about these terms and conditions, please email us at holidays@elderslennoxhead.com.au.

 

28. Acknowledgement and acceptance

 

28.1. By proceeding with a payment for a booking you represent that you have read, understand and agree to these terms and conditions including the house rules at annexure A. 

 

TERMS AND CONDITIONS

ANNEXURE A: HOUSE RULES

 

 

1. General obligations of Guests and Visitors 

 

1.1. Guests and Visitors must:

a. comply with all terms and conditions including these house rules, any by-laws or other rules and regulations applicable to the Property, applicable law or any lawful and reasonable instructions from us (or our representatives), caretakers, security services or authority during their stay;

b. not violate applicable laws, regulations or third-party rights during their stay;

c. keep the Property clean, tidy and clear of rubbish and leave the Property in the same condition as you find it;

d. respect the residential amenity and security of the Property and neighbours;

e. refrain from anti-social behaviour or any illegal or fraudulent activities in or around the Property;

f. not do or permit to be done on the Property anything which is or may be or become a nuisance, a disturbance, an obstruction, an inconvenience or cause damage in or around the Property or to us or to neighbouring properties or occupiers; 

g. comply with any instructions from us and security services during your stay;

h. notify us of any issues, disputes or complaints as soon as is practicable; 

i. promptly report to us any health and safety risk at the Property; and

j. leave the Property as you find it.

 

1.2. Guests must control and be responsible for Visitors and ensure that Visitors comply with all terms and conditions including these house rules, any applicable laws, regulations or third-party rights, any by-laws or other rules and regulations applicable to the Property and any lawful and reasonable instructions from us (or our representatives), caretakers, security services or authority during their stay.

 

2. By laws and common property

 

2.1. Where the Property is part of a strata or community title scheme:

a. Guests and Visitors must comply with owners’ corporation by-laws and the lawful directions of managers and caretakers of the scheme; and

b. Guests are responsible for damage to common property by Guests or their Visitors and this is a ground for collecting amounts from you and/or charging or deducting amounts from the security bond.

 

3. Number of Guests and Visitors

 

3.1. At the time of booking, the number of adults and children advised to be staying at the Property must be accurate. An additional fee may be collected from you and/or charged to or deducted from your security bond if the number of people staying at the Property exceeds the number advised at the time of booking. 

3.2. The maximum number of Guests permitted to stay at the Property is advertised on our website. Exceeding the number of permissible Guests for the Property is prohibited and may result in termination of your permission to occupy the Property, eviction, loss of money paid, charges or deductions from security bonds and extra charges.

3.3. Guests are not permitted to stay in tents, swags, caravans, camper vans or any other form of accommodation at the Property.

3.4. While Visitors are permitted at the Property, they are not permitted to stay overnight. The number of Visitors permitted at the Property should be reasonable for the residential setting and not cause a burden or nuisance on the Property or neighbouring properties or occupants. 

3.5. Guests are responsible for ensuring the limits set on Guest and Visitor numbers is complied with at all times.

 

4. Noise and residential amenity

 

4.1. Guests and Visitors must not create noise which is offensive to neighbours and the local community especially between 10pm-8am and during arrival and departure at any time throughout the occupancy.

4.2. Offensive or excessive noise and anti-social behaviour is prohibited and may result in:

a. termination of permission to occupy the Property;

b. eviction;

c. loss of rental paid;

d. extra charges for security and other expenses which may be collected from you and/or charged or deducted from the security bond.

4.3. Guests and Visitors must abide by any noise abatement conditions, standards and orders issued by police or any regulatory authority to minimise impacts upon the residential amenity of neighbours and local community.

 

5. Use of the Property 

 

5.1. This Property is not a ‘party house’. The Property is to be used for holiday accommodation only. Non-Compliant Functions are prohibited. Non-Compliant Functions include parties, mass gatherings, weddings, commercial functions, raves and ‘schoolies’ bookings. 

5.2. Any gathering, celebration or entertainment permitted at the Property must not conflict with residential amenity and must comply with all house rules.

5.3. Use of the Property for a Non-Compliant Function, for purposes other than holiday accommodation or for illegal or immoral purposes may result in termination of permission to occupy to the Property, eviction, loss of money paid, charges or deductions from the security bond and extra charges. 

5.4. If you do not comply with this clause, we may:

a. revoke your licence to stay in the Property; 

b. make you and other Guests and Visitors at the Property leave in a manner consistent with applicable law; and

c. collect from you and/or charge or deduct from the security deposit such sums as required to cover the non-compliance. 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 do not comply with this clause. For the avoidance of doubt, nothing in this clause limits our rights to recover damages over and above the amount available on the security bond.

 

6. Parking

 

6.1. Guests and Visitors must comply with parking regulations and show consideration to neighbours and other vehicles. 

 

7. Garbage and recycling

 

7.1. All rubbish and recycling must be placed in the outdoor bins provided upon departure and excess rubbish must not be left in the Property or in public or common areas.

7.2. During your stay, you are responsible for placing the bins out on the street on designated local council garbage and recycling collection days and returning the bins to the Property after collection. Please see the timetable at the Property for dates of collection. 

7.3. If garbage and recycling is not disposed of properly or there is any excess garbage or recycling left after your departure, it will be removed at your cost and such cost will be collected from you and/or charged to or deducted from your security bond.

 

8. Security

 

8.1. Whenever you are absent from the Property, you must close and secure all doors and windows and arm any alarms to maintain security and prevent rain and weather damage. 

8.2. Security of the Property is solely your responsibility during your stay. You will be responsible for any expense, damage, loss or theft as a result of your failure to shut and secure all doors and windows and arming any alarms when absent from the Property or upon departure from the Property.

8.3. You agree to take all necessary steps to safeguard your personal property and no liability to Guests or Visitors is accepted in respect of any damage to or loss of such property.

 

9. Lost or damaged keys

 

9.1. If you lock yourself out of the Property and require assistance from us to gain entry after hours, you will be charged a $55.00 (incl. GST) service fee which will be collected from you and/or charged to or deducted from your security bond. 

9.2. Our office hours are from 8:30am-5:30pm Monday to Friday and 8:30am-4:00pm on Saturday. Our office is closed Sundays and public holidays.

9.3. If any keys, locks or other security devices (including garage door remotes and security systems) are lost or damaged during your stay or not returned upon check-out, you will be charged for any replacements or repairs (including changes to barrels and new keys).

 

10. Linen

 

10.1. Linen and bath towels are provided unless stated otherwise. Beach towels are not provided unless stated otherwise.

10.2. For information on linen hire, please contact our office directly on 02 6687 6155.

10.3. If any linen is missing from the Property or damaged, the applicable replacement cost will be collected from you and/or charged to or deducted from your security bond. 

10.4. On your departure date, please leave all wet towels and used linen (excluding bedding) in the bathroom.

 

11. Swimming pool and spa 

 

11.1. A selection of our properties have pools and/or spas. Guests staying at a Property with a pool and/or spa use the pool and/or spa and its facilities at their own risk and must ensure adequate supervision of children at all times. 

11.2. The pool and/or spa must not be used between the hours of 10:00pm and 7:00am unless stated otherwise.

11.3. No glassware is permitted in the pool and/or spa.

11.4. Guests must immediately report to us any accidents, damage, health and safety issues or concerns regarding the pool, spa or associated safety and cleaning equipment.

11.5. Where the Property is a strata or community title property, all Guests and their Visitors must abide by any rules, regulations and by-laws in respect of the pool and/or spa at the Property.

 

12. Deck and balcony areas

 

12.1. Guests must not hang any washing, towels, bedding or clothing over balconies or any part of the Property visible from outside areas of the building. 

 

13. Smoking

 

13.1. Smoking is strictly prohibited in all indoor areas and on any balconies of the Property. We reserve the right to terminate your booking and evict all Guests and Visitors without refund if you smoke inside the Property. 

13.2. Where the Property is a strata or community title property, all Guests and their Visitors must abide by any rules, regulations and by-laws in respect of smoking at such properties.

13.3. We reserve the right to collect amounts from you and/or charge or deduct amounts from the security bond for any extra cleaning/deodorising costs associated with smoking that occurs on the Property during your stay. 

 

14. Pets

 

14.1. Animals and pets are not allowed at the Property unless permitted by us on behalf of the Owner in advance of your stay. We reserve the right to terminate your booking and evict you and your Visitors without refund if you have any animals or pets at the Property without our express permission.

14.2. For more information on what properties allow animals and pets, please go to our website www.lennoxheadholidays.com or contact our office directly 02 6687 6155. 

14.3. If the Property is advertised on our website as ‘pet friendly’:

a. you will need to advise us of the type and number of animals you intend to have stay at the Property prior to your booking;

b. pets are not allowed inside the Property;

c. pet owners are responsible for cleaning up after their pets; and

d. gardens are not guaranteed as secure for pets even if advertised as private or enclosed.

14.4. If the number of pets for the Property is exceeded or it is found that pets have been inside the Property, we may terminate your permission to occupy the Property and evict all Guests and Visitors without refund. 

14.5. We reserve the right to collects amounts from you and/or charge or deduct amounts from the security bond for any extra cleaning/deodorising costs associated with animals or pets being at the Property during your stay. 

 

15. BBQ

 

15.1. If there is a BBQ at the Property, you must ensure that it is cleaned after use. A BBQ cleaning fee of $35.00 (incl. GST) will be collected from you and/or charged to or deducted from your security bond for unclean BBQ’s.

 

16. Internet

 

16.1. Where a Property has internet access, we are not responsible if internet access is restricted or not available.

16.2. Any internet access is not provided for excessive streaming or downloading. If there is excessive data usage, we reserve the right to collect from you and/or charge to or deduct from your security bond a reasonable amount for that usage. 

 

17. Additional features and equipment use

 

17.1. Some of our properties provide additional features (e.g. swimming pool or spa, fireplace, decks etc) or equipment (e.g. surfboards, stand up paddle boards etc) for Guest use. Use of these additional features and equipment occurs at your own risk and neither the Owner nor us are responsible for or liable in respect of any injury, damage or loss arising from that use.

 

18. Damage

 

18.1. 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. 

18.2. You are responsible for your 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).

18.3. 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. 

18.4. If you or 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) 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. 

18.5. You 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).

18.6. You 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. 

18.7. We reserve our right to terminate your permission to occupy the Property and evict all Guests and Visitors for non-compliance with this clause. 

 

19. Repairs, maintenance and service

 

19.1. We will use our best endeavours to ensure that the Property is in good condition and working order, however, we cannot guarantee that every aspect of the Property (including electronics, internet, television reception, BBQ’s, hot water systems, pools etc) will meet this standard and not malfunction or fail before or during your stay. 

19.2. We will use our best endeavours to arrange for any repairs, maintenance or service of any part of the Property (deemed by us to be essential and necessary) that fails or malfunctions before or during your stay as soon as practicable after being notified. However, due to unforeseen circumstances (including availability of parts and tradespeople), delays in immediate repairs, maintenance or service may be beyond our control and no responsibility is accepted by us or the Owner for these circumstances. 

19.3. There will be no refund, discount or compensation provided to you in respect of any part of the Property (including its services, contents, fixtures and fittings) that fails or malfunctions.

19.4. If you report a maintenance problem in respect of the Property, and we or our representative such as a tradesperson attends the Property and finds that the maintenance visit was unnecessarily requested, the cost of the callout may be collected from you and/or charged to or deducted from your security bond.

19.5. You agree to allow us or any representative of ours access at any reasonable time during your stay for the purpose of essential repairs, replacements or maintenance.

 

20. Inspections

 

20.1. In the event the Property is being offered for sale, during your stay, you agree to allow inspections of the Property at a mutually convenient time during reasonable hours by appointment.

 

21. On departure arrangements

 

21.1. You agree to leave the Property no later than the specified check out time on your departure date. Late departure is subject to prior arrangement and availability and may incur extra charge.

21.2. Before departure, all food must be removed from the refrigerators, rubbish put outside in the bins provided, all crockery and cutlery washed and packed away, floors swept, the BBQ cleaned, all lights, heating, air conditioning and televisions turned off, all wet towels and used linen (excluding bedding) left in the bathroom and the Property secured (including secure all windows and doors and arm alarms). The Property must be left in a clean, tidy and secure condition.

21.3. Should the Property be left in a condition which requires extra attention after your stay (including but not limited to additional cleaning or maintenance), we will charge you any additional fees or expenses associated with such extra attention, which will be collected from you and/or charged to or deducted from your security bond.

 

22. Personal belongings

 

22.1. Any loss, theft, damage or breakage to your personal belongings that occurs during your stay will be your sole responsibility and neither we nor the Owner accept any liability under these circumstances.

22.2. You are responsible for ensuring all personal belongings are removed from the Property at the end of the reservation. Neither we nor the Owner accept any responsibility for any such items left behind.

22.3. We will use reasonable endeavours to assist you to locate your belongings left at the Property after check out, however, no claim may be made on us or the Owner for such belongings.

22.4. If personal belongings are located after you have vacated the Property, return costs and tracking of items are the Guest’s responsibility. 

 

23. Emergency contact

 

23.1. If you require any assistance during your stay, you can contact a representative of our office on 02 6687 6155. This number will be redirected to an alternative number after hours. 

 

24. Compliance

 

24.1. Breach of these house rules is a breach of the terms and conditions of the Property.

24.2. The consequences of not complying with these house rules can include enforcement action from us, the Owner, security services, local councils or, in some instances, the Police. Enforcement action is subject to the Australian Consumer Law and other relevant legislation. Such enforcement action could result in termination of permission to occupy the Property, eviction, loss of money paid, charges or deductions from security bonds and extra charges.

24.3. It is, therefore, important for all Guests to be aware of their obligations and of their responsibilities to make any Visitors to the Property aware of these requirements to maintain the amenity of the Property and its neighbourhood.

 

 

  1. Upon payment of your accommodation via our online payment gateway provider your credit card details will be stored and accessible throughout the duration of your stay at the property. Upon your departure and the successful vacate inspection your stored details will then be removed within 14 days. You authorise Capvale Pty Ltd trading as Elders Real Estate Lennox Head, or any party nominated by Capvale Pty Ltd trading as Elders Real Estate Lennox Head, to use the above credit or debit card information for collecting amounts due pursuant to the terms and conditions including any unpaid fees, expenses, costs, damage arising out of, caused by, attributable to or resulting from the above holiday reservation or stay at the property. Specifically, I authorise Capvale Pty Ltd trading as Elders Real Estate Lennox Head, or any party nominated by Capvale Pty Ltd trading as Elders Real Estate Lennox Head, to charge or make deductions from the above credit or debit card for the following:
  2. any amount due to Capvale Pty Ltd trading as Elders Real Estate Lennox Head, the owner of the property 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);
  3. taxes, where applicable;
  4. any administrative fees imposed pursuant to the terms and conditions;
  5. any fees, costs and/or expenses associated with:
  • [Note: Credit card payments incur a 1% surcharge

  • a credit or debit card transaction being declined;

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

  • a late check-out or overstaying;
  • the guest locking themselves out of the Property and requiring assistance from Capvale Pty Ltd trading as Elders Real Estate Lennox Head to gain entry after hours;
  • any additional cleaning, deodorising, maintenance or removal of rubbish and recycling;
  • any unclean BBQ;
  • excessive internet data usage;
  • lost or damaged keys, remotes or security devices;
  • missing linen;
  • having pets at the Property without permission;
  • 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;
  • smoking inside the Property;
  • exceeding the maximum number of Guests permissible at the Property;
  • use of the Property for non-compliant functions such as parties or mass gatherings;
  • any offensive or excessive noise and anti-social behaviour;
  • violation of applicable laws, regulations or third-party rights;
  • unnecessarily requested maintenance callouts;
  • 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);
  • termination of the guest’s permission to occupy the Property;
  • evicting Guests and Visitors at the Property;
  • any non-compliance with the terms and conditions including the annexed house rules;
  • any fees, costs and/or expenses Capvale Pty Ltd trading as Elders Real Estate Lennox Head or the Owner incur in recovering any fees, costs and/or expenses from you.

For more information, please read our terms and conditions here www.lennoxheadholidays.com or contact us by phone 02-66876155 or email holidays@elderslennoxhead.com.au


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