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 are made subject to these terms and conditions including the house rules at annexure A.
1.4. If your booking is made via a third-party website (including but not limited to www.stayz.com.au, www.airbnb.com.au and www.booking.com), different terms and conditions may apply including applicable payment and cancellation policies. You must read all relevant policies carefully and accept them in full prior to booking. Please note the terms and conditions of thirdparty websites (including but not limited to www.stayz.com.au, www.airbnb.com.au and www.booking.com) may limit and/or exclude their liability to you.
1.5. 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.
1.6. 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.
1.7. A copy of the Code is at annexure B and forms part of these terms and conditions. The Code imposes certain behaviour standards on Guests in short-term rental accommodation, including:
a. You must not make noise that unreasonably disrupts neighbours;
b. You must not cause damage to the Property, including any common property in a strata scheme or association property in a community scheme;
c. You are responsible for the actions of your Visitors and must ensure they comply with the behaviour standards set out in the Code.
1.8. The consequences of not complying with these terms and conditions can include:
a. if you do not meet your obligations under the Code, you could face penalties such as warning notices, fines or being added to the exclusion register. A person who is listed on the exclusion register is prohibited from participating in the short-term rental accommodation industry for five years. Nothing in the Code affects the rights of an industry participant to seek legal redress for any matters related to short-term rental accommodation arrangements;
a. enforcement action from us, the Owner, security services and local councils or, in some instances, the Police. Enforcement action is subject to the Australian Consumer Law and other relevant legislation. Such consequences could result in termination of permission to occupy the property, eviction, loss of money paid, charges or deductions from security bonds and extra charges.
2. Defined terms
2.1. In these terms and conditions:
Christmas/New Year Peak Season means from 1 December to 31 January (inclusive). Code means the mandatory Code of Conduct for the Short-Term Rental Accommodation Industry, which will apply from 18 December 2020, a copy of which can be accessed at:
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 TBVM Pty Ltd trading as Lennox Head Luxury Homes and Beach Shacks at 3/5 Aurora Place, Lennox Head NSW 2478, 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.
Website means the website at www.lennoxheadluxuryhomes.com.au which is owned and operated by us.
3. Provisional reservation
3.1. A provisional reservation may be made through our website or by contacting 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. Confirmation of the provisional reservation will be sent to you via the email you provided at the time you made the request.
4. Deposit and booking fee
4.1. To confirm your reservation, the minimum payment required is:
a. a non-refundable deposit equal to 50% of the total tariff; and
b. a non-refundable $80 booking fee.
4.2. Once the minimum 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. Receipt and acknowledgement of terms and conditions
6.1 By making payment you are confirming your booking with Lennox Head Luxury Homes and Beach Shacks and are also accepting these Terms and Conditions.
6.2 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, these terms and conditions or a receipt and acknowledgement form must be signed and endorsed by you to indicate your understanding and acceptance of these terms. An online checkin form will be forwarded to you via both email and text to the details you provided at the time you made the booking.
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), 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 no longer than 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 may 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 contact our office to arrange collection of 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 at the property or 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 whose 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 as advised by 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. EFT to trust upon request of details
10.2. Credit card payments incur a 1.4% surcharge.
10.3. If a credit or debit card transaction is declined for any reason, a reprocessing fee may be imposed on you.
10.4. Payments by cash, cheque, American Express and Diner’s Club will not be accepted.
10.5. By making any payment in part or in full (including any pre-payment) in respect of your booking or stay at the Property (whether facilitated through us, a third-party website or payment processor), you accept that you shall not be entitled to any refund of such monies (in part or in full) unless otherwise agreed to by us.
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. credit card surcharges, where applicable;
d. any administrative fees imposed pursuant to these terms and conditions;
e. 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 and Code;
xxii. any fees, costs and/or expenses we or the Owner incur in recovering from you any fees, costs and/or expenses from you.
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 otherwise agreed to by us or 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 $170, our $80 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 unless the cancellation is a result of non compliance with our policies, house rules, Code, 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. 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, vaccination status, 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.lennoxheadluxuryhomes.com.au.
18. Compliance
18.1. You agree to comply with all terms and conditions including the annexed house rules, Code, 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. A hard copy of any by-laws that apply to the Property or the common property of any strata or community scheme in which the Property is situatedare located in the Property.
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, Code, 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 and Code;
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.
24.4. Under the Code, a person may lodge a complaint with the Commissioner for Fair Trading in the NSW Department of Customer Service about an alleged failure by a person to comply with an obligation under the Code. More information about the complaint process can be found in the Code at annexure B of these terms and conditions.
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 Have not been recorded on the exclusion register as an excluded guest because of a contravention of the Code.
27.10. If you have any questions about these terms and conditions, please email us at manager@lennoxheadluxuryhomes.com.au
Last updated September 2022
By signing below, I represent that I have read, understand and agree to abide by the Terms and Conditions including the House Rules at Annexure A and the Code at Annexure B.
Guest acknowledgement
Property Name/Address:
Check-in date:
Check-out date:
Total no. of Guests:
Adults: Children:
Guest name:
Guest email:
Guest mobile:
Signature:
Date:
28.1 Acknowledgement and acceptance electronic form
This can be viewed here.
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, the Code, 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. not create noise that because of its level, nature, character, or quality, or the time it is made, is likely to harm, offend, or unreasonably disrupt or interfere with the peace and comfort of neighbours and other occupants of the premises;
Guests are expected to respect their neighbours and the local community. In the event that representatives of Lennox Head Luxury Homes & Beach Shacks are required to contact the guest or attend the property during the occupation period as a consequence of noise complaints or complaints as to the guest’s behaviour by neighbouring property owners, the sum of $200 will be deducted from the security deposit.
A second or subsequent breach may lead to the immediate termination of the agreement and loss of the security deposit in full. Loud music, televisions or any other excessive noise will not be permitted between 10pm and 7am.
d. not act in a violent or threatening manner towards neighbours or other occupants of the premises;
e. not act in a manner that could reasonably be expected to cause alarm or distress to neighbours or other occupants of the premises;
f. not use or enjoy the Property in a manner, or for a purpose, that interferes unreasonably with the use or enjoyment of common property by neighbours and other occupants of the premises in a strata or community scheme;
g. not intentionally, recklessly or negligently cause damage to the Property, any common property or any other communal facilities within the immediate vicinity of the Property, or any public property in the vicinity of the Property;
h. not intentionally, recklessly or negligently damage the personal property of neighbours of the Property or other occupants of a strata or community scheme;
i. keep the Property clean, tidy and clear of rubbish and leave the Property in the same condition as you find it;
j. refrain from anti-social behaviour or any illegal or fraudulent activities in or around the Property;
k. 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;
l. comply with any instructions from us and security services during your stay;
m. notify us of any issues, disputes or complaints as soon as is practicable;
n. promptly report to us any health and safety risk at the Property; and
o. 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 9am-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 0423 274 059.
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.au or contact our office directly 0423 274 059.
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 anyindividuals 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 0423 274 059. This number will be redirected to an alternative number after hours.
23.2. For emergency assistant from:
c. an electrical service provider, you can contact Clifford Electrical on0428 862 638;
d. a plumbing service provider, you can contact Swell Plumbing0439 105 648
23.3. In case of an emergency or disaster situation, contact:
a. Police/Fire/Ambulance: 000
b. SES assistance in floods and storms: 123 500
c. Police attendance: 131 444
d. International incident emergency helpline: 1300 555 135 (within Australia).
c. Compliance
a. Breach of these house rules is a breach of the terms and conditions of the Property.
b. 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.
c. 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.