Booking Terms and Conditions
These Terms and Conditions apply between the Accommodation Provider at 1857 Nimbin Road, Coffee Camp NSW 2480 and you, the Client in whose name rental invoices are rendered by the Provider, and the Guests or Residents who occupy the property and your Booking Agent, if any, for the booking of this property for the purposes of short-term furnished rental accommodation of not more than eighty-nine (89) consecutive nights.
1. Booking and Payment
- Your Booking Confirmation, together with these Booking Terms and Conditions, form the Agreement to Let.
- The premises let to you comprise either one or both bedrooms as stated in "DEMISED AREA" in your Booking Confirmation, and a lounge room, a dining room, a kitchen, a bathroom and three verandas.
- The premises are let to you as demised or configured for the period stated in your Booking Confirmation.
- Permission to occupy the property is strictly limited to the number of adults, children, infants, babies and pets, if any, as stated in your Booking Confirmation under OCCUPANTS. Breach of this limited permission may result in cancellation of your booking and eviction with forfeiture of all money paid.
- Any change, including extentions of stay, to a Confirmed Booking is subject to availabilty, acceptance and approval, and incurs the Administration Fee as below (Condition 2.3).
- The accommodation is let on a twin-share basis only. The first two Guests are booked into the Master Bedroom with Queen-size bed, unless either twin beds or separate rooms are requested. The other bedroom is closed up unless the it has been specifically booked with the appropriate rental charge paid. The sofa-bed in the lounge is available on the same terms once both bedrooms are booked up.
- You acknowledge the Accommodation Provider is a User-Pays Establishment. Service is not included in the rental charge but is available as an Optional Extra. Nothing beyond that stated in "INCLUSIONS" in your Booking Confirmation together with the standard inclusions for utilities and services as detailed and limited in Condition 1.8 following is included in the rental charge. An 'all inclusive rate' is not offered.
- The rental charge includes only that which is itemised in "INCLUSIONS" in your Booking Confirmation together with the standard inclusions of average daily usage of gas and electricity per day per number of Paying Guests and potable water and waste disposal as limited by Lismore City Council per day for each Paying Guest. Charges apply for excess usage beyond those limits as listed in Optional Extras in the Guest Information Pack.
- You acknowledge that the Accommodation Provider carries on business in New South Wales and is an approved provider of short-term furnished accommodation and that no right of tenure exists beyond that which is stated herein and in your Booking Confirmation. Guests are granted a limited permission by licence to occupy the Property for holiday or business purposes and this licence is not a residential tenancy agreement under the residential tenancy legislation.
- Neither the Guests nor Client shall sub-let or assign the premises or any part of them.
- The Accommodation Provider has agreed to and endorsed The Holiday Rental Code of Conduct which also forms part of this Agreement.
- A Holding Deposit of up to 100% of the Total Rental is required to make a booking. Any and all money paid to the Accommodation Provider up to 100% of the agreed rental is deemed to be part of the Holding Deposit and constitues your acceptance of these Terms & Conditions.
- If a Payment Schedule is issued with your Booking Confirmation, failure to make payment in accordance with this schedule may result in the lapsing and consequent cancellation of your booking and the re-letting of your accommodation and will be subject to the Refund Policy below. Reinstatement of a lapsed booking incurs the Administration Fee below in 2.1.
- Credit cards are accepted and a finance fee including GST is applicable to cover bank charges (MasterCard & VISA: 7%; American Express & Ant: 15%).
- Payment of rent and satisfaction of the Security Deposit (Clause 5 below) is due by day of arrival in order to be granted occupation of the premises. Any invoices unpaid by the due date incur interest at the rate of 2% above National Bank Mastercard daily rate applied on a daily basis until payment is received.
- Failure to comply with the Guests'/Client's obligations in these Terms and Conditions may result in refusal or termination of permission to occupy the Property and eviction with forfeiture of all money paid.
2. Amendment, Cancellation and Refund Policy
- Any amendment or cancellation of a Confirmed Reservation or the reinstatement of a lapsed or cancelled booking will incur a $35 Administration Fee except for approved extensions of stay together with any administration charges levied by your Booking Agent, if any.
- Any change or amendment or transfer to a future date of a Confirmed Reservation constitutes a cancellation of the original booking. The new booking in place of the original booking is subject to acceptance and approval by the Accommodation Provider.
- Cancellation terms are linked with the rental charge. Standard cancellation terms are as below and apply to all Standard Rate bookings. The standard cancellation terms may be varied by written agreement to be either stricter or more flexible in consideration for a corresponding decrease or increase in rental charge and/or payment terms accordingly. All 'Last Minute' rate bookings are non-refundable with no cancellation or changes permitted.
- If a booking is cancelled 15 days or less before arrival, you will be charged for the total amount for the period of stay unless the property is re-let under the same or better terms unless otherwise provided for in your Booking Confirmation.
- Cancellations between 16 and 31 days before arrival for bookings of less than 7 nights incur loss of Holding Deposit or the cost of first night's rental, whichever is the greater; whereas bookings of 7 or more nights will be charged for the Total Amount for the period of stay unless the property is re-let under the same or better terms unless otherwise provided for in your Booking Confirmation.
- Cancellations greater than thirty-one days of Arrival Date incur loss of Holding Deposit or the above Administration Fee whichever is the greater unless otherwise provided for in your Booking Confirmation.
3. Number of Guests and Visitors
- The maximum number of people (babies, infants, children and adults) and pets, if any, that may be on the property is specified in your Booking Confirmation.
- Permission must be obtained prior to non-residents or pets entering onto the property together with payment a fee.
- Persons or pets on the property who are not registered as either being a Resident or a Visitor are required to vacate the property forthwith. Failure to vacate or pay the fee may result in a charge of trespass and/or cancellation of your booking with forfeiture of all money paid and eviction.
- In any event, the total number of people on the property, whether Guests or Visitors, must not exceed five (5) people which is the legal capacity limit of the house. More than five people on the property constitutes overcrowding of the property and immediately voids your booking with forfeiture of all money paid and you will be required to vacate forthwith.
4. Arrival & Keys & Lock Outs
- Guests may collect the keys after 2pm & before 4pm on the Arrival Date from the property manager, unless otherwise advised in writing prior to arrival. Photo ID & the credit card used to book is required when collecting keys. Assisted arrival after 4pm until 8pm incurs a Call-out fee of $35 and $55 thereafter.
- Loss or non-return of keys incurs a Lockout Fee & replacement fee of $55.
5. Bond/Security Deposit and Property Damage
- A Bond/Security Deposit of a valid credit card used to reserve the accommodation or $100 cash per Guest and pet is required by the Property Manager or his agent prior to or on Arrival before occupation of the property can be granted`. The credit card must be presented at Check-in. The Cardholder is jointly and severally liable for all claims whether or not listed on the Confirmation or accounting documents.
- The Property Manager or his agent has the authority to deduct monies from the Security Deposit or credit/debit card to remedy any damage, missing items, excess cleaning, excess rubbish, excess utilities, outstanding amounts for accommodation rental, services or optional extras, excess persons or pets or loss of revenue caused by the Guests and/or their Visitors, or to invoice the Guest by email, fax or post for immediate payment.
- Should Guests leave the accommodation or any part of it in an unfit condition to re-let, Guests will be also liable, in addition to the costs and expenses of repairs, cleaning, replacements, etc, for all loss of revenue caused by them or their Visitors until the accommodation or that part of it is made good to re-let.
- Should costs of damage, missing items, loss of revenue or any outstanding amount be in excess of the available credit card funds or Security Deposit, the right is reserved to exercise a lien over all motor vehicles, luggage and personal effects of the guests of the Establishment and/or proceed with recovery action with all costs and expenses thereof, together with interest as detailed in 1.10 above, for all money beyond those limits, as well as, but not limited to, compensation for criminal damage.
6. Furniture and effects at the Property
- Guests may not remove any of the furniture or effects from the property and will be liable for any furniture or effects damaged or missing from the property. Indoor furniture must not be moved outside including the verandas. Furniture must be returned to its original position. Heavy furniture requiring more than one person to move it back into its original position will incur charges for the hiring of appropriate people.
- A wood burning fire is provided in the accommodation which may be used at any time at your own risk, liability & cost. Its use is subject to the Manufacturers Operating Instructions provided in the Guest Information Folder at the property as required by NSW Office Fair Trading. Firewood is not included in the rent. Firewood and kindling are available for an extra charge at any time of year. You may source kindling yourselves from the property free of charge. Tools for cutting wood are not provided due to Health & Safety and insurance issues. A complimentary box each of logs and kindling are provided for winter bookings only, 1st June to 31st August inclusive.
- The fenced and gated swimming pool area (inclosed lands) is available exclusively for Residents of the Establishment during the swimming season (October Bank Holiday to Mardi Grass, first weekend in May) with its use subject to the NSW Pool Regulations, weather & rules made available at the Property or upon request and is closed the rest of the year. Charges apply for the use of the pool area by non-residents or Visitors.
- You agree to indemnify the Property Manager and the Accommodation Provider from any claim of loss of personal effects or financial damage direct or indirect whatsoever incurred by you in booking of this property. The Accommodation Provider takes no responsibility for your personal property left on the property. All motor vehicles parked on the property are at your own risk.
- The property and its position is described to the best of our ability and in good faith. No liability or damages will be accepted by Property Managers or agents for mis-description. All images or pictures of any part of the Establishment published by us for publicity purposes were typical and representative at the time they were taken. Some incidental decorations, effects or furnishings may differ at the time of your occupation.
- It is recommended by government tourist authorities, travel organisations and booking agencies that you take out appropriate travel insurance.
8. General Conduct
- Part 4 of the Code of Conduct forms part of this Section of the Agreement.
- Guests must not smoke in the bedrooms, lounge room, kitchen, dining room or bathroom else a de-odorising fee will apply. Smoking is permitted on the verandas using the ashtrays provided.
- Guests must leave the premises in a clean and tidy condition. In the event of excessive cleaning requirements, charges will be passed on to the Guest as detailed in the Guest Information Folder.
- Guests must comply with the By-laws that apply to the property and shall not be guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring properties (eg. loud music) and in particular between the hours of 9pm and 7am. Parties are expressly forbidden.
- Guests must, every time they depart the premises, securely lock doors and windows, and switch off lighting, appliances and water to conserve resources and avoid damage or may be liable for excess utility charges or loss/damages.
- Guests shall immediately report any repairs required or damage to the Property Manager.
- The acreage, grounds and woodlands of the estate are not part of the demised property and is Private Property. It contains areas restricted by Regulation and is a native wildlife reserve protected by legislation. Guests and Visitors have no right of entry to any part of the estate beyond the entrance, the demised premises and the curtilage. You must not pick any flowers, nor take away, nor harm any native plant or animal.
- Domestic animals are not permitted unless expressly agreed in writing by the Property Manager and pay a pet accommodation/cleaning fee. No responsibility whatsoever is accepted by the Establishment for your pets. Your pet must be trained & well-behaved and must not bark nor threaten, harm or kill any wildlife in or about the property. Pets must be controlled or restrained at all times. The Pets page in the onsite Guest Information Folder gives further information on having pets at the Establishment and becomes part of the Booking Conditions for pet owners. Other domestic animals are kept at the property. The property is fenced for livestock and not domestic pets.
- Gross misconduct or breach of any term of the Agreement to Let may result in the immediate cancellation of your booking with forfeiture of all money paid and you will be required to vacate the premises forthwith.
9. Right to inspect the Property and re-enter the Property
- The Property Manager has the right to inspect the premises during the booking period subject to reasonable prior notice being given unless the Property Manager has reasonable grounds to believe that the premises are being damaged or at risk of damage or if any Guest or Visitor breaches any term of this Agreement or The Code of Conduct.
- The Property Manager has the right to enter the premises in the event of an emergency.
The premises must be left in a clean and tidy condition and be vacated by the Guest with keys returned to the Property Manager by 10:00 am on the Departure Date. Failure to depart will authorise us to charge to your account 50% of the daily tariff until 15h00 (3pm) and full tariff thereafter.
11. Cancellation by the Property Provider
In the unlikely instance that the property is withdrawn, we will endeavour to locate holiday accommodation of equivalent specifications. However, should the alternative property be unavailable or unsuitable, the Client will receive a full refund of any money paid to us.
12. Right of refusal and application of other Special Conditions
The Accommodation Provider and its agents may refuse at their discretion to accept any Guest or Visitor without giving a reason. Property Managers may require that other Special Conditions be agreed to on arrival of the Guest or Visitor.
14. General law
- This Agreement to Let is made in Lismore, New South Wales and is dated the day the Accommodation Provider accepted your Booking Request by sending you your Booking Confirmation.
- This Agreement to Let is governed by and shall be construed exclusively in accordance with the law of New South Wales without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- The parties agree they shall refer any dispute arising from this Agreement to Let to the exclusive jurisdiction of NSW Fair Trading and/or The NSW Civil and Administrative Tribunal and/or the Courts in Lismore, New South Wales. A party will submit to and will not object to that forum for any reason.
* * * * * *