House 2 Eliza Street Fraser Island
HOLIDAY RENTAL AGREEMENT: TERMS & CONDITIONS
Your agreement is with Owners (“we”, “us” and “our” in these Terms and Conditions) for the property known as Brennan’s on Fraser. References to “you” or “your” are references to the person making the booking and all members of the holiday party staying at the Property.
These Terms and Conditions form the basis of your agreement with us so please read them carefully. Nothing in these Terms and Conditions affects your normal statutory rights under Australian law.
Making your booking
When you book the Property with us, you should return the completed Rental Agreement to us together with your payment of $300.00 for the Initial Deposit to confirm your booking. This can be made by email and the deposit by direct electronic transfer.
If you have been quoted for and have indicated the number of persons staying in your party, please note that any extra persons, including any children, who stay at the Property, will incur an extra fee and charge if they were not included in the original requested quote. If you exceed the maximum number of persons staying on the Property, we reserve the right to retain your Security Deposit in full and this Agreement may be terminated without refund.
When the completed Rental Agreement and the Initial Deposit have been received and accepted by us, we will issue you with our written confirmation. Any binding agreement between us will only be formed when we send you our written confirmation and it is subject to the Terms and Conditions of this agreement. We reserve the right to refuse any booking prior to the issue of our written confirmation. If we do this we will promptly refund any money you have paid to us. If you breach any of these Terms and Conditions, we reserve the right to cancel your booking and retain the deposit.
You should carefully check the details of our written confirmation and inform us immediately of any errors or omissions.
Your booking is made as a holiday rental tenant for the purpose of a holiday and you acknowledge that no liability can be accepted for any business or other losses howsoever suffered or incurred by you.
Paying for your booking
You are required to send to us your payment for the balance of the Rental and the Security Deposit at least four weeks prior to the Arrival Date as set out in our written confirmation (or as otherwise indicated on the booking sheet). If you fail to make a payment due to us in full and on time we may treat your booking as cancelled by you.
The Initial Deposit is to secure your booking and is refundable at our discretion. If we are able to rebook the Property for some or all of the period of your booking, it is at our discretion to refund all or any part of your Initial Deposit, but we are, in any event, not obliged to if we are unable to re-book the Property.
We will hold the Security Deposit of $250.00 to be applied against the reasonable cleaning and/or replacement of the property, furnishings, fixtures and fittings. We will return the Security Deposit to you within 7 days of the return of the keys to us, less any deductions in accordance with the Terms and Conditions of this rental property. This includes any individual requirements, which may be notified from time to time in the Property. Your bank details are required by us to return your security deposit.
All payments of the amounts due must be net of any bank or other transaction charges.
If you cancel or amend your booking
If you need to cancel or amend your booking you must telephone us on the number shown on our written confirmation as soon as possible or contact us on the email address we provide to you.
You will also be required to confirm your cancellation in writing or by email to the addresses shown on our written confirmation. A cancellation will not take effect until we receive written confirmation from you.
If you cancel your booking more than eight weeks prior to the Arrival Date, we will retain the Initial Deposit and refund the balance of any money you have paid to us (such as any cleaning fees and security damage deposit).
If you cancel your booking less than eight weeks prior to the Arrival Date, we reserve the right to retain the Initial Deposit and the Final Rental Amount, and refund the balance of any money you have paid to us. In these circumstances we will refund the Final Rental Amount (less any additional costs incurred) to you if we are able to secure an alternative booking for the Property for the same rental period. Any other arrangement is at the Owner’s discretion.
If we cancel or amend your booking
We would not expect to have to make any changes to your booking, but sometimes problems occur and we do have to make alterations or, very occasionally cancel bookings due to unforeseen circumstances (e.g. fire, damage, etc.).
If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your booking and, if it is necessary to cancel your booking, we will refund the balance of any money you have paid us.
You can arrive at the house any time on the Arrival Date of your holiday and you must leave by the Departure Date unless arranged otherwise with us. Arrival and departure times are often tide dependent.
Compliance with terms: You agree to comply with the terms of rental herein and any other terms reasonably made from time to time and notified to you. You are responsible to ensure that all members of your party, as well as any visitors to the Property, observe these terms.
You are responsible for all visitors and guests you permit to enter the Property and for any damage they may cause.
Condition of property: You agree to keep and leave the Property and the furnishings, kitchen equipment, crockery, glasses clean and in good condition. You also agree to ensure all electrical equipment and white goods are left clean and in good condition. Any issues with any contents in the Property must be notified immediately to us so that we may rectify any damage or any breakage.
You agree not to cause any damage to the walls, doors, floors or windows of the Property, nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
Inside the house is non-smoking, you are asked to abide by these requirements strictly. Otherwise we may require additional payment for any cleaning of furniture, walls, carpets etc in order to extinguish any damage caused by the smokers.
Portable BBQ’s are not permitted to be used within the house, or on the decks. There are BBQ’s in the pool area for guest use.
Any lost or damaged keys, or other items incur fees as listed above and other smaller damaged items unlisted are at our discretion.
General: You agree to take all necessary steps to safeguard your personal property. No liability to you is accepted in respect of damage to or loss of such property, except where the damage or loss is caused by our negligence.
We are not liable for any injury or loss that you or any of your invited guests may sustain whilst staying at our Property.
You are not permitted to allow more people to stay in the Property than expressly authorized, nor can you significantly change the makeup of the party during your stay in the Property. If you do so, we can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the booking by you.
Departure: You agree to leave the Property no later than your departure date.
We ask that you leave the Property clean, tidy, dishes cleaned and put away and garbage taken out etc. Should you leave the Property in a state that requires additional cleaning, this cost will be taken out of your Security Deposit.
We also ask that you secure the Property and ensure you close and lock all windows and doors before leaving. The plastic chain is to be padlocked across the car port on departure.
Children: Please note that there is no age restriction on children permitted to stay. Age restrictions apply to unsupervised use of the pool and playground. Should there be children we ask that they be well supervised.
Noise: We would also ask that you consider your neighbours and not have loud music or parties that may disturb others nearby. If complaints are made about ‘excessive’ noise or police enforcement are called or if neighbours are continuously disturbed, we may ask you to leave and treat this as a cancellation and breach of the Terms and Conditions of this Agreement. You will not receive a refund and extra charges may be applied for security and other expenses.
Departure cleaning: The Property must be left in a clean and tidy condition before departure.
Including the following:
all food must be removed from refrigerators,
rubbish put outside in the bins provided at the rear of the complex near the car wash,
all crockery and cutlery washed and packed away,
toilets and bathrooms must be cleaned,
all floors swept and mopped,
lounges to be cleaned of any sand,
tables and furniture to be left dust and dirt free.
If linen is rented, please leave towels hanging and sheets in the laundry basket.
The general rule is that the home must be left in as clean a condition as upon arrival.
Cleaning aids and products are provided.
Should the Property be left in a condition which requires extra attention by our cleaners the security deposit will be withheld.
Repairs: We hope you will advise us immediately of any repairs, damage or breakages that may have arisen or where repairs need to be made as soon as possible. You agree to allow us or any representative of ours access at any reasonable time during your stay for the purpose of essential repairs.
Security deposit: Your Security Deposit will be refunded within 7 days of your departure to your nominated account provided that you have not caused damage, stained, broken or there are any missing items noted by us after the inspection. Your deposit will be refunded in full provided there is no damage to:
property or furnishings,
dirt or other mess, laundry, garbage which requires additional cleaning,
lost (keys, TV remote controls) or damaged items including walls, floors and furniture,
any other cost incurred by Owners due to Holiday renter’s stay.
7. Any complaints or problems
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 remedial action is taken as soon as possible.
It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified.
If any complaint or issue cannot be resolved during your holiday, you must write to us with full details within 28 days of the end of your stay.
This Rental Agreement between you and us is governed by the laws of Australia and we both agree that any dispute, matter or other issue which arises between us will be dealt with by the Courts of the State or Territory of Australia as nominated above.