Managed by Darwin Holiday Apartments
This property is wholly managed by Darwin Holiday Apartments, an accredited Tourism operator and winner of the 2014 Tourism NT Brolga Award for excellence (specialised tourism services). Darwin Holiday Apartments is a participating member of the Holiday Rental Industry Association and abides by the National Code of Conduct for holiday rentals.
Parties, excessive noise,and disturbanceto neighbours are not permitted under any circumstances and will result in immediate termination of your occupancy without refund.
Terms and Conditions
These Terms and Conditions are valid from 19 May 2015. These Terms and Conditions supercede all previous Terms and Conditions.
- 10% deposit is due at time of booking and the balance is due two weeks prior to arrival
- A $35 booking fee is charged by us to cover our administration costs and credit card fees (we don't charge additional credit card fees)
- Photo ID and a valid credit card is required at the time of check-in in lieu of a security deposit.
- Check-out time is 10am, check in time is 2pm unless otherwise agreed.
- Number of Guests and Visitors should not exceed the number stated on the Booking Confirmation or additional costs may apply.
- Parties and Functions are strictly prohibited. Use contrary to this may result in immediate termination of your rental and additional payment.
- Security, Damage, Breakages, Theft and Loss of the property and contents and the guest’s property is the guests responsibility during their stay and compensation may be sought by us. We take no responsibility for the guest’s personal property during their stay.
- Parking is as per the property’s policy and only for the number and type of vehicles specified.
- Airconditioners must not be left on 24 hours a day, must be turned off when you are not in the apartment, and must not be run at less that 24 degrees or additional costs will apply.
- Rubbish must be removed prior to your departure or an additional fee may be charged.
- Departure - The property should be left in a similar state to its condition on arrival. You don’t need to wash the sheets and towels. An additional fee may be charged if excessive cleaning is required or excessive linen has been used during your stay.
- Smoking is only permitted outside only and all butts must be disposed of properly.
- Disturbance to neighbours, including excessive noise, is prohibited and may result in immediate termination of rental.
- Pets are not allowed unless previously agreed. An additional cleaning fee will be charged if pets have been found to be on or in the property without permission.
- Nothing in this overview negates the full Terms and Conditions of Your Booking which are described below.
The following Terms and Conditions will apply to all occupants (“you”, “your”, “guest”) who book stay or visit at any property managed by Australia Holiday Apartments Pty Ltd, ACN 132 912 219 trading as Darwin Holiday Apartments, Darwin Executive Apartments, Absolute Waterfront Luxury Apartments, Holiday Apartments Sydney and other trading names (“we”, “us”, “our”, “manager”). We only accept bookings on the Terms and Conditions specified in this document. It is your responsibility to have read and understand these Terms and Conditions before making a booking. You must ensure you and all visitors comply with these Terms and Conditions, which also includes any By-laws or House Rules relating to the property (where applicable), which are available in the information folder at the property. A breach of these Terms and Conditions by any occupant, guest or visitor will be considered a breach by you. Payment for your booking in part or in full constitutes acceptance of these Terms and Conditions. Failure to comply with these Terms and Conditions may result in, but is not limited to, you being evicted from the property, losing your security deposit and/ or other monies paid (or owed) by you.
1. Compliance with Relevant Laws
a) These Terms and Conditions are intended to comply with the Australian Competition and Consumer Act 2010 (“the Act”) and any term or requirement of these Terms and Conditions which conflicts with the Act shall be read and be enforceable as if it complies with the Act.
b) These Terms and Conditions are intended to comply with the Australian Holiday Rental Code of Conduct (“the Code”) and any term or requirement of these Terms and Conditions which conflicts with the Code shall be read and be enforceable as if it complies with the Code.
c) These Terms and Conditions are to be read in conjunction with the House Rules which are available in the information folder at the property.
d) These Terms and Conditions govern the arrangements between you and us and is intended to be legally compliant and enforceable in contract law.
2. The Parties
a) These Terms and Conditions are a contract between you and Darwin Holiday Apartments. For the purposes of law, you are the person business or company whose name and contact details are shown on the most recent booking confirmation (the “Booking”) issued by us.
b) Darwin Holiday Apartments General Manager (the “Manager”) is authorised to act on our behalf in relation to these Terms and Conditions and to implement them to their full effect.
c) The Manager’s decision in relation to these Terms and Conditions is final and there is no further course of appeal.
3. The Property
a) These Terms and Conditions apply to any property booked by you through Darwin Holiday Apartments, and any alternative property if you are relocated to a different property (the “Property”).
b) The property is named and the address is given on the most recent booking confirmation issued by us.
c) The property is described on the Darwin Holiday Apartments website located at www.darwinholidayapartments.com (the “website”) under the property name shown on your final booking confirmation.
d) In circumstances where we have been required to relocate your Booking to an alternative property these Terms and Conditions are transferable to that property.
e) Darwin Holiday Apartments properties are listed on multiple websites and portals. Where there is a conflict between information shown on different websites, the current information shown on the Darwin Holiday Apartments website shall be taken to be the true and correct version and supercedes any information shown on other websites.
f) We endeavour to ensure the information about the Property is current and accurate on our website; however this information may change without notice. The description of the Property is made in good faith and we will accept no responsibility for errors or omissions.
g) All photos on our website are taken on site and are provided as an accurate representation of the Property at the time the photograph was taken and are subject to change with fair wear and tear, change in ownership, refurbishing or other circumstances outside of our control. We, nor the owner of the Property (the “Owner”), accept no responsibility for personal perceptions. If any feature/facility is essential for the guest in choosing a particular property, it is advisable that you confirm this with us at time of booking. We cannot be held liable for omissions or errors, whether temporary or permanent, in regards a Property’s facilities and services.
h) All properties under our management are privately owned and are rented on a self-contained basis and do not include servicing during your stay, unless otherwise agreed in writing.
i) In the event of faults and/or malfunctions of appliances or inclusions, there is no obligation from the Owner or us to compensate or discount however we endeavour to be fair and ethical and will review on a case by case basis. We will accept no responsibility for any inconvenience with machinery breakdown however in such circumstances, we will undertake our best endeavour to repair, replace or hire an alternative where possible.
4. Your Booking
a) The particulars of your Booking including dates of occupancy, check-in/check-out time, total rent payable and any other charges are described on the most recent Booking Confirmation issued to you by us.
b) Where there is a conflict between your Booking and these Terms and Conditions, these Terms and Conditions shall prevail.
c) We will make every effort to ensure the property booked is available for the dates agreed. However, we reserve the right to make alterations to bookings or supply an alternative property before or during your stay for any reason or unforeseen circumstances including, but not limited to, “Acts of God”, emergency repairs, limited availability, owner actions or a change in ownership.
d) We will provide you with written notice if your property becomes unavailable, however we cannot guarantee supply of an alternative property at the same standard, facilities, or price as booked. If satisfactory alternative arrangements cannot be made, we will refund monies paid for the whole or part of the booking not fulfilled.
5. Fees and Charges
a) Your booking is subject to the following fees and charges:
i The tariff as described on your booking notification
ii The cost of any extras as described on your booking notification
iii A non-refundable booking fee of $35 charged by us
iv A refundable credit card pre-authorisation of $500 charged by us at the time of check-in in lieu of a security deposit.
b) Your booking may be subject to the following additional fees and charges:
i A non-refundable cancellation fee of $100 charged by us if the booking is cancelled by you
ii In some cases a non-refundable booking fee charged by the reseller
iii A $50 barbeque cleaning fee will be charged by us for unclean barbeques
iv A $50 rubbish removal fee may be charged by us if rubbish is left in the property
v A cleaning fee of up to $500 may be charged by us if the property is left unclean
vi A complaint fee of up to $200 per complaint received from neighbours for excess noise, damage, or interference with their residential amenity may be charged by us
vii A $35 administration fee for changes and amendments to your booking may be charged by us per amendment
viii A key replacement fee of up to $300 per set of keys if not returned to our office on your departure
ix A $100 wifi replacement fee if your wifi device is not returned to our office on your departure
x A 4% credit card fee if paying by American Express. No credit card fees are charged for payments by Visa or Mastercard.
xi A $35 administration fee per payment if paying by EFT/bank deposit
xii A $35 refund administration fee per payment if refund is required to be made by EFT or bank deposit. No refund administration fee will be charged if refund is made by credit card.
xiii An excess electricity charge of a minimum of $20 per day if usage is found to be excessive and/or environmentally irresponsible.
c) All tariffs on our website and other web portals are dynamic and subject to change without notice. Bookings at the tariff quoted are not guaranteed until a deposit has been received by us and you have received formal confirmation of your booking from us in writing.
d) Some resellers including but not limited to Stayz, Homeaway, TripAdvisor and AirBnB charge a booking fee on top of the tariff. If your enquiry or booking originates from one of these resellers you are liable for payment of their booking fee in addition to the tariff and other fees and charges.
e) The total cost of your booking is described on your booking notification issued by us and includes the tariff, the cost of any extras, and cleaning, booking or administration fees, and any other fees and charges.
f) A booking notification is not a confirmed booking.
6. Payment Terms
a) A deposit equivalent to 10% of the total cost of your booking is required to be received by us within 24 hours of making your booking.
b) If your expected arrival is within 14 days of the date of booking 100% of the total cost of your booking is required to be received by us within 24 hours of making your booking.
c) Your booking is not confirmed until payment of the deposit has been received by us and we have issued your booking confirmation.
d) A booking which is not confirmed can be cancelled at any time by us without any recourse by you.
e) The total cost of your booking is required to be received by us no later than 14 days prior to your expected arrival date.
f) If the total cost of your booking is not received 14 days prior to your expected arrival date we can cancel your booking without any recourse by you subject to these Terms and Conditions.
g) Payments by credit card (Mastercard and Visa) are at no cost to you. Payments by American Express incur a 4% credit card fee. Payments by EFT/Bank Transfer incur a $35 administration fee per payment.
h) We do not accept payments by cash, cheque, or in kind.
7. Cancellation and Refund Policy
a) Unless an alternative cancellation policy is noted on your booking confirmation the following cancellation policy shall apply:
i Cancellation up to 31 days prior to your expected arrival: a $100 cancellation fee applies
ii Cancellation between 15 – 30 days prior to booking commencement: a cancellation fee equivalent to 25% of the total cost of your booking or two weeks rent applies, whichever is the lesser amount
iii Cancellation within 14 days of your expected arrival:, no-show, or cancellation after commencement of your booking: a cancellation fee equivalent to 50% of the total cost of your booking or two weeks rent applies, whichever is the lesser amount
iv Cancellation due to death or illness of a family member: no cancellation fee is payable subject to provision of a medical certificate by a medical practitioner
b) Where an amendment is made to your booking to change the arrival date to more than 14 days in the future and that booking is subsequently cancelled by you, we will deem the expected arrival date to be the original arrival date and apply the cancellation policy from that date.
c) Any request to cancel a booking by you must be given to us by email. We are not liable for cancellation requests made by telephone, in person, or by any means other than email.
d) Refunds where applicable due to cancellation and other refunds are made within 14 working days from your cancellation notice.
e) Refunds can only be made onto the credit card used to make payment. If a refund is required to be made by EFT or bank transfer a $35 refund administration fee will apply.
8. Amendments to your booking
a) Requests for amendments to your booking will be accommodated where possible but cannot be guaranteed. All amendments, re-arrangements or alterations must be requested in writing or email at least 48 hours prior to arrival.
b) Amendments within 14 days of your expected arrival and which reduce the total length of your stay are subject to the same rules as specified in the cancellation policy.
b) All amendments will be recalculated based on the current tariff as shown on the website. Please note if you reduce the duration of your stay the cost will revert to the rate applicable to the new length of stay. For example if you originally booked a 7 night stay at the weekly rate then reduce the length of stay to less than one week the cost will be re-calculated based on the current nightly rate.
c) Each amendment to your booking may incur a $35 administration fee.
9. Licence not a tenancy
a) Guests are granted a limited permission licence to occupy the property for short-stay purposes. This is not a residential tenancy agreement and is not subject to the Residential Tenancy Act.
b) Failure to comply with your obligations in these Terms and Conditions may result in termination of permission to occupy the property and eviction with no resource by you.
10. Security Deposit or Bond
a) A pre-authorisation of a minimum of $500 against a valid credit card is required as a security deposit prior to commencement of your occupancy
b) Failure to comply with these Terms and Conditions may result in charges against your security deposit
c) Security deposits will be administered, processed and accounted for and any balance released or returned to you as soon as possible following your departure in accordance with the applicable law.
11. By Laws and Common Property
a) Where the Property is part of a strata or community title scheme Guests and Visitors must comply with owners' corporation by-laws and the lawful directions of managers and caretakers of the scheme; and
b) You are responsible for damage to common property by your Guests or their Visitors and this is a ground for drawing upon or charging the security deposit or bond.
12. Number of Guests and Visitors
a) The maximum number of adult Guests permitted at a Property must not exceed the number of guests on your Booking and in general should not exceed a maximum of 2 per bedroom plus 2.
b) The number of Visitors permitted at a Property should not exceed the maximum number of guests permitted at the property as described on the website.
13. General obligations of Guests and Visitors
a) Guests and Visitors must comply with all House Rules and By-Laws; respect the residential amenity and security of the Property and neighbours; and refrain from anti-social behaviour.
b) Guests must control and be responsible for Visitors and ensure that Visitors comply with House Rules and By-Laws; comply with any instructions from the Manager and security services during their stay; and notify the Manager of any disputes or complaints as soon as is practicable.
14. Noise and Residential Amenity
a) Guests and Visitors must not create noise which is offensive to neighbours especially between 9pm -8am and during arrival and departure at any time throughout the occupancy.
b) Offensive, noisy, or anti-social behaviour is prohibited and may result in termination of permission to occupy the Property; eviction; loss of rental paid; and extra charges for security and other expenses which may be deducted from Security Deposits or Bonds.
c) Guests and Visitors must abide by any noise abatement conditions, standards and orders issued by us, police or any regulatory authority to minimise impacts upon the residential amenity of neighbours and local community.
15. Functions and parties
a) All of our properties are in residential locations and have a strict No Parties policy. The Property is not a “party house” and any such activities are strictly prohibited.
b) Any gathering, celebration or entertainment intended at the Property must have prior approval from us at least 48 hours prior to commencement, must not conflict with residential amenity and must comply with all House Rules.
16. Access and Parking
a) Details for how to access the property will be made available once full payment for your booking has been received.
b) Where your property is part of a body corporate strata and has a security gate, you must ensure the gate is closed after entry and exit.
c) You must comply with all parking regulations and show consideration to neighbours and other vehicles, allowing ease of access with minimum disturbance.
d) Occupying visitor parking spaces is only available with our prior written approval.
e) The maximum number of vehicles permitted onsite in the designated parking space(s) will be confirmed by us on the Booking.
f) Parking in or across driveways, on common grounds, footpaths, in restricted parking areas and/or in non-designated parking spaces is forbidden and may result in fines and/or towing at your expense.
17. Recycling and Rubbish
a) Guests must dispose of rubbish and recycling in accordance with the usual practice at the Property and in the allocated bins:
b) Red-lidded bins are for general household rubbish
c) Yellow-lidded bins are for recyclable items
d) If you property has a garbage chute you must comply with the directions for use including no pizza boxes, no glass, and no unwrapped food waste.
e) Guests must not leave excess rubbish in public or common areas.
f) For stand-alone properties guests must put the bins out for council collection and emptying on the allocated days, noted in the House Rules and in the Information folder at the property.
g) All rubbish must be removed from the property prior to your departure.
a) The tariff charged allows for normal use of utilities, including airconditioning.
b) Normal use of airconditioner/s is considered to be running an air-conditioning unit for up to 4 hours per day and up to 10 hours at night at no less than 24 degrees. Normal use does not include leaving the airconditioner/s on whilst the Property is empty or whilst you are out during the day, and does not include under any circumstance either running the airconditioner/s at less than 24 degrees, or running the airconditioner/s for more than 14 hours per day.
c) Electricity meter readings are taken prior to your arrival and after your departure. Excess usage will be charged to your credit card at a minimum cost of $20 per day.
18.Complaints and dispute resolution procedure
a) Guests are obliged to report any problems or incidents promptly so that we may attempt to resolve the matter expediently.
b) If you are making a complaint we will need to know your name, the property name, the property address, the nature of your complaint, and your mobile telephone number and email address so that we can attempt to resolve the matter for you.
c) Requests for refunds or discounts for any reason will not be considered for any issue or concern that has not been promptly and clearly articulated to us during your stay. Requests for refunds on or after departure date for any issue or concern that has not been previously advised to us will not be considered under any circumstances.
d) All complaints should be addressed in the first instance to our Reservations team who will attempt to resolve the matter or escalate to the Manager if necessary.
e) All complaints will be recorded in a complaints log and will include your details, the nature of the complaint and actions taken to remedy
f) We will seek your confirmation in writing that a complaint has been remedied to your satisfaction. If you do not respond to this request we will deem that the complaint has been remedied to your satisfaction, unless you specifically advise us in writing that it has not.
g) Should the complaint not be remedied to your satisfaction you may
i Refer the complaint to the Northern Territory Consumer Affairs Office
ii Lodge a formal complaint with the Holiday Rental Industry Association (HRIA)
iii Seek independent legal advice.
h) If you chose to pursue a complaint through legal channels and a decision is awarded in favour of us, you will be responsible for all litigation and travel costs in addition to $200 per hour charged for our preparation, time, and attendance.
19. Consequences of not meeting the Terms and Conditions
a) The consequences of not complying with these Terms and Conditions requirements can include enforcement action from us, our Manager, the Owner, security services, and local councils or, in some instances, the Police.
b) Enforcement action is subject to the Australian Consumer Law and other relevant legislation.
c) Such enforcement action could result in termination of permission to occupy the Property, eviction, loss of rental paid, deductions from security deposits and extra charges.
d) 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.
20. Other important information
Photographic Identification: Darwin Holiday Apartments has certain legal obligations including that bookings are genuine and for genuine holiday purposes. Prior to check-in, all guests are required to provide photo id by way of a drivers licence, passport, or similar.I f you are unable to provide such identification, your reservation may be cancelled and you may be liable to pay us an amount equal to the full reservation amount plus any other costs incurred by us in connection with your reservation.
Security Guarantee: Guarantee with a valid credit card at the time of check-in is required in lieu of a security deposit.
Lost or Left Items: We take no responsibility for items lost by you or left behind in the property. If you have left something behind we will use our best endeavours to return it to you. You are responsible for the cost of return. We will not return items by registered post unless specifically requested and paid for by you.
Travel Insurance: Guests should consider their need to buy travel insurance to cover cancellation costs, medical expenses, personal belongings, damage, injury and other travel related expenses during their stay. Guests should read the terms and conditions of your travel insurance policy or credit card agreement carefully to understand the coverage.
Indemnity: We are not lliable for and accept no responsibility in any way for guests’ personal property or injury that may occur to you or others while occupying the property. The guest shall hold us, the Manager and the Owner harmless and indemnified against all loss, injury or damage occasioned by the use, misuse or abuse of any part of the property and from or against any omission, neglect or default of the guests (or others), licensees or invites.
No Commercial use: Properties and tariffs are for domestic, private use only, unless otherwise agreed by us in writing at the time of booking.
Privacy Compliance: We collect your personal and financial information to provide and market a range of products and services. Personal or financial information will not be disclosed to any other party or used for any other purpose, unless required by law.
Variations: We reserve the right to change all or part of these Terms and Conditions at any time, without notice and other communication. It is your responsibility to keep yourself updated of any changes to these Terms and Conditions. If you object to a change of the Terms and Conditions after paying your deposit, it is your responsibility to immediately advise us, and we both agree to negotiate reasonably to produce an outcome acceptable to both parties. Any such negotiation must take place before you occupy the property.
Effective date: These Terms and Conditions were last updated on 19 May 2015. They may be changed from time to time, without notice on our websites. In case of any variation of booking conditions between us and an independent third party booking provider or agent, the terms posted on our website will apply. Payment of your booking in part or full constitutes that you understand, accept and will comply with these Terms and Conditions.
(c) Copyright Darwin Holiday Apartments 2015.. Unauthorised reproduction or use prohibited.
NO CANCELLATION FEE UP TO 31 DAYS PRIOR TO ARRIVAL
Cancellation up to 31 days prior to booking commencement : no cancellation fee applies;
Cancellation between 15 – 30 days prior to booking commencement: 50% of the total tariff is due;
Cancellation between 0 – 14 days prior to booking commencement: 100% of the total tariff is due
No-show or cancellation after booking commencement date: 100% of the total tariff is due