Terms and Conditions of Temporary Holiday Accommodation
“Booking,” means the period for which you have paid to stay at the Property.
“Property” means A l’aise Holiday Home and all its fixtures, fittings and equipment.
“Management” means the owners and managers of the Property.
"Guests" means the persons who stay overnight in the Property during the Booking.
"Visitor" means a person a Guest permits to visit the Property during the Booking.
2. ACCEPTANCE & RESPONSIBILITY.
• Payment of the Deposit constitutes acceptance of these Terms and Conditions.
3. CHECK IN/ OUT
• The Guest has the use of the property only for dates paid for together with the following terms and conditions.
• Check-in time is not before 2pm on the arrival date and check out time is not later than 11am on departure date.
• Late departure and early arrivals are subject to prior arrangement and availability and extra charges may apply.
• You must notify Management of expected arrival time and a mobile contact number at least 5 days before arrival.
• Check-in/check-out and key collection/return procedure will be as follows unless special arrangements have been made prior to arrival.
At 2pm on the day of your arrival an SMS will be sent to your nominated mobile number of the booking form. This SMS will contain a location of a key safe and the code to open it. The code will not be active on the safe until your arrival time. Please use these keys to enter the white sliding door of the apartment. The key safe is available for your use if you need to keep the keys secure whilst you are on the beach, as the code will not change during your stay. Please note: If you use the safe for your personal valuables it is at your own risk.
Time of checkout is 11am on the date of your scheduled departure. Please after locking the apartment, place the keys inside the key safe and lock it. We would be grateful that you would ensure A l’aise Holiday home is left in a clean and tidy condition and if you have noticed any maintenance items that require our attention please let us know.
4. OFFICE HOURS
For general enquiries and information you can either email or call between 8:30am and 6:00pm Monday to Friday eastern standard time.
5. EMERGENCY CALLS
A 24 hour call service is provided by dialing 02 4471 2986. Calls made outside of business hours should only be made in the event of an emergency.
6. CONTENTS INSURANCE
Insurance of personal items is the responsibility of the guest.
7. LOST KEYS
Lockouts will incur a minimum fee of $120 plus the replacement costs of all keys as necessary. All costs are payable by the guest.
8. RETURN OF KEYS
If keys are not returned by the scheduled date of departure accommodation charges will continue to be charged until the keys are returned.
9. NO SMOKING
A l’aise Holiday Home is a non-smoking home. Guests are permitted to smoke no closer than 10 metres to the building and must at all times dispose of cigarette butts responsibly.
10. SMOKE ALARMS
Smoke alarms activated by a guest cooking are the responsibility of the guest. Any cost incurred such as attendance of the fire brigade will be forwarded to the guest.
The cleaning quoted to you at the time of your booking is based on the assumption that the premises vacated by the guest will be left as similar condition as found upon your arrival. If linen is provided there is no obligation to clean the linen. If extra cleaning or rubbish removal is required this will be charged to the guest at an hourly rate of $25. The vacate clean is a general clean and does not include cleaning of the oven, and baked on dishes, the BBQ and it’s area.
• A deposit of 25% of the booking fee, must be received within 5 days after the Booking is taken by Management. Bookings are not confirmed unless and until this deposit is received.
• Payment in full must be received no later than 14 days prior to your arrival.
• Payments of the amount due must be received in Australian dollars net of any bank or other transaction charges.
• Please ensure payments are made within the specified time limits or the Booking will be cancelled automatically without notice or liability to you.
• We accept payment by direct deposit or credit card with 2.6% surcharge only.
• Bank details will be provided to you at the time of booking.
13. CANCELLATIONS OR VARIATION
• If you wish to vary or cancel your Booking, please contact us immediately on 0410 062 502, or email email@example.com
• Your deposit is non-refundable in the event of a cancellation.
• If you have paid more than the deposit or paid in full and cancel your Booking you will be refunded all money except the 50% deposit amount.
• Should you be eligible for a refund it will be made via direct deposit into your nominated bank account.
• A variation of the Booking, which reduces the number of nights, stay will be a treated as a cancellation of the Booking in respect of those nights.
• An administration charge of $50 will be charged for any variation or cancellation.
• If Management is able to relet the Property for the period cancelled a further refund may be made less administration charges, commissions and expenses.
• We have a minimum nights stay policy of two (2) nights in low season. No refund will be made for a variation to the extent that it breaches our minimum nights stay policy unless other agreed to in writing by management.
14. SECURITY BOND
• A bond payment of $500 is required at the same time as the outstanding balance of your Booking. It will be credited to your designated payment method once our property has been inspected and deemed left in a similar state to your arrival. We agree to ensure this occurs within 14 days of your departure.
• Any damage, loss or expense incurred by Management as a result of your breach of these Terms & Conditions will be charged against the bond. Examples of this include but are not limited to any breakage, damage or excess cleaning requirements, extra guests beyond those declared.
• Should any damage, loss or expense be incurred by Management, the remaining amount of bond will be returned after the remedial action has happened, this may mean a wait of more than 14 days for the return of the bond or part thereof.
• If the Property becomes unavailable for your occupancy due to unforeseen circumstances (e.g. fire, storm, damage, etc) then Management will inform you immediately and endeavour to obtain suitable alternative accommodation for your occupancy; failing which any moneys paid will be refunded in full.
16. PARTIES & FUNCTIONS
• Parties and Functions are strictly prohibited.
• Breach of this condition may result in immediate termination and eviction without refund and extra charges for security, cleaning, garbage removal, wear and tear, repairs etc.
17. LINEN AND TOWELS
• We supply all bed linen and bath towels/bath mat/hand towel/dish cloth/tea towel which must be left where supplied in the bedrooms or bathroom on departure. Further linen may be hired through Management. Beach towels are not included.
• None of the linen is to be taken off the premises.
• Dogs are allowed at the Property. Pet owners are responsible for cleaning up after their pets both within and outside the property. Pets are not allowed on furniture at any time. Any evidence of pets on furniture may incur extra cleaning fees. Any damage incurred to the property by the pet is the sole responsibility of the guest and any charges incurred for replacement or repair will be charged to the guest. There is a maximum number of two (2) dogs allowed at $30 per dog.
19. YOUR OTHER RESPONSIBILITIES
• You must comply with all applicable A l'aise Holiday House Rules and all instructions from Management and the caretakers of the Property concerning occupancy, property, health, safety and quiet enjoyment of the Property and our neighbours.
• You are responsible for damage, breakages, theft and loss of the Property and any part of it during your stay. You must notify us of this immediately. Management may recover from you repair or replacement cost (at Management's discretion)
• Only the guests nominated and agreed in the Booking may stay in the Property over night. If any other guests stay extra charges may apply or the agreement may be terminated without refund.
• Disturbance to our neighbours, including excessive noise, is prohibited and may result in termination and eviction without refund and extra charges may be made for security and other expenses.
• Before departure, all food must be removed from fridges, all rubbish put in the appropriate council rubbish bins provided, and crockery and cutlery washed and packed away. The Property must be left in a clean and tidy condition.
• Extra cleaning charges may be incurred for the cleaning of dirty dishes, washing machine, dishwasher, emptying the fridge, removal of excessive rubbish etc. Should the cleaning fee be more than the usual cost for cleaning the property, you will be charged the additional costs over and above the normal cleaning fee that will be deducted from the security bond.
• All furniture and furnishings must be left in the position they were in when you arrived.
• All items should be returned to their original position in the apartment at the end of your stay.
• Any items taken out of the apartment, such as the 'esky' or the beach toys must be returned and left in a clean condition.
• The property should be vacated on time and secured. All windows and doors are to be locked. All keys must be returned to Management or as otherwise directed.
• All items supplied at A L'AISE Holiday Home are for your use and you take full responsibility for any injury or damage that may occur.
• The use of the fire pit or outdoor BBQ is limited to those times when a total fire ban is not in place, any fines resulting from the incorrect use of these items during total fire bans are the responsibility of the guest, fire ban information is available from www.rfs.nsw.gov.au
• The maximum number of people allowed at A L'AISE Holiday Home at any one time is 10.
• Wet animals are not allowed inside the unit.
• The maximum number of vehicles parked at A L'AISE Holiday Home is 2, any more than this can be parked in the side street directly opposite A L'AISE Holiday Home.
• Wet and sandy beach towels are to remain outside at all times.
• No items should be hung over the front glass fence.
20. PROBLEMS OR COMPLAINTS
• In the case of any problem or complaint, you must inform Management at the earliest opportunity so Management has the chance to rectify the situation as quickly and efficiently as possible. You must allow repair/service access to the property during reasonable hours.
• Any complaint, which cannot be resolved locally, must be notified in writing to Management prior to departure from the Property.
• Failure to follow this procedure this may hinder the ability of Management to rectify the problem or complaint and reduce or extinguish any claim you may have.
We recommend all guests purchase travel insurance since Management is not responsible for any injuries, illness or accidents that may occur whilst staying at our property.
21. CONDITIONS OF USE OF A L'AISE HOLIDAY HOME
• The Guest is staying on the property during the period
• The Guest agrees to waive all liability against the Owner on the terms set out in this agreement.
Exclusion of liability
To the full extent permitted by law, the Owner is not liable for any damage or loss to any property, or injury to any person, no matter how it happens, except to the extent that the Owner or someone the Owner is responsible for causes that damage, loss or injury intentionally or negligently.
Waiver of liability
Subject to ‘Exclusion of liability’ the Guest understands that the Guest is staying on and using the Property at the sole risk and responsibility of the Guest. The Guest, to the extent that the Guest is able to do so, waives all rights and claims that the Guest may have against the Owner concerning the state, fitness or use of the Property, and any damage or loss to any property or injury to any person.
The Guest must continually indemnify the Owner against any liability, loss, damage or expense arising from any of the following:
The Guest’s occupants or use of the Property
Something the Guest does or fails to do, or someone the Guest is responsible for does or fails to do
Something anyone else, including a trespasser, does while on the property
Despite the previous clause, the Guest does not have to indemnify the Owner to the extent that the Owner, or the Owner’s employees, agents or contractors, contributed to the liability, loss, damage or expense by a negligent or intentional act or omission.
Except as expressly permitted by this agreement, as party must not assign any of its rights under this agreement without the prior consent of the other parties. That consent may be given or withheld at a party’s absolute discretion.
If a clause or part of a clause of this agreement can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement, but the rest of this agreement is not affected.
No variation of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement.
The fact that a party fails to do, or delays in doing, something that the party is entitled to do under this agreement, does not amount to a waiver of any obligation of, or breach of obligation by, another party. A waiver by a party is only effective if it is in writing. A written waiver by a party is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
Definition and interpretation
In this agreement the following definitions apply:
Property means the land of which the Owner is the registered proprietor. It may include the use of vehicles, which may from time to time be supplied with the Property.
Period means the period of use by the Guest of the Property, set out on the first page of this agreement.
The rental contract is between the Guest and The Owner of the individual property (see above) and is subject to the terms and conditions herein. The contract for accommodation shall not be effective until The Owner send the Guest written confirmation of the booking.
Additional Features (if any)
The Guest acknowledges that the use of any additional amenities e.g. Kayaks, is entirely at the Guest’s risk and The Owner accepts no responsibility for any injury, loss or damage to property or any third party arising from the use thereof.
Description of the Property
All information in respect of the Property contained in The Owner’s promotional material is believed to be correct at the time of printing, however all details contained in the material are subject to change by The Owner without notice. The Owner will not accept any responsibility for any alterations to the Property or any part thereof beyond The Owner’s control or any liability for any matter or occurrences beyond The Owners reasonable control including damage caused by extreme weather conditions, break-down of appliances, wiring, plumbing, invasion of pests, or any act or omission on the part of The Owner causing loss, accident or injury to the Guest or any one or all of them.
Should any dispute arise between The Owner and the Guest which cannot be mutually resolved the matter will be referred to arbitration by a single arbitrator agreed to by the parties, but failing agreement upon a single arbitrator appointed by the President of the Real Estate Institute of NSW who shall act as sole arbitrator in accordance with the provisions of the Commercial Arbitrations Act 1985 as amended and whose decision shall be final and binding on the parties.
Residential Tenancies Act not applicable
The Guest and The Owner acknowledge and agree that the Rental Agreement to which these conditions apply is bona fide entered into for the purposes of conferring on the Guest a right to occupy the premises for a holiday within the meaning of Section 21 of the Residential Tenancies ACT 1994 and the parties confirm that the provisions of the Act shall not apply to the Rental Agreement not withstanding the fact that the term entered into is not in excess of six (6) weeks.
Guest(s) Obligations on Condition of Property
A $500 bond guarantee, against any damages is required prior to arrival. The guarantee will be kept up to 14 days after checkout provided the guest’s obligations in respect of the property have been met. Any and all additional charges incurred by the Owner to return the property to a clean and tidy state or any costs related to damage or breakage (as discussed under Guest’s obligations in respect to the property) shall be deducted from the bond guarantee. Should these costs exceed the amount of the bond, the Guest will be required to pay the additional amount. This home is only to be used for private accommodation purposes. The use of the home for hen’s/buck’s nights, wedding ceremonies/receptions, functions, parties, performances, photo/video/movie shoots etc will results in the entire bond being forfeited. Should the police/security attend two or more times as a result of justified neighbour complaints the entire bond will be forfeited. Should the guest smoke cigarettes, tobacco or any form of tobacco product inside the home a cleaning charge of $200 will be charged against the bond.
In accordance with the ‘Special Conditions’ that apply to the holiday home I have booked I agree that The Owner may bill me for any damage during the term of our stay up to a maximum of $5,000. This is without prejudice to the Owner’s right to take legal action for any damage in excess of $5,000.
Any additional cleaning costs required to return the house to a clean and tidy condition over and above the standard cleaning fee will be deducted from the bond. Cost to clean the BBQ is not covered by the cleaning fee, each guest is required to clean the BBQ after each use and on vacating or an additional fee of $50 will be charged. Should these costs exceed the bond the Guest will be required to pay the additional amount.