Please read the following carefully. Payment of the rental deposit constitutes your acceptance of these Terms & Conditions as a guest of The Evening Star. It is your responsibility to read all terms and conditions of the booking and you are responsible for the compliance of any accompanying guests with these Terms & Conditions which are in accordance with the National ‘Holiday Rental Code of Conduct’ – a copy of which is available on The Evening Star and Stayz website.
We think it is important for you to have a clear understanding of the basis we provide you with the use of our beautiful property and that is what the Terms and Conditions are all about. This is not a residential tenancy agreement under the Residential Tenancy Legislation but a limited permission for you to occupy the Evening Star for holiday purposes and it is necessary to know what this means. We believe that you will find the Terms and Conditions a reasonable framework that allows us to run our business effectively while providing you with a wonderful and enjoyable stay that will encourage you to return to The Evening Star and tell your friends about what an amazing place it is.
1. All bookings must be confirmed with credit card details & a minimum 30% deposit is required to secure the booking. Bankcard, MasterCard and Visa cards are accepted. Cash and direct deposit facilities are available once credit card details are provided.
2. The balance owing on your reservation is required 28 days prior to arrival. The balance can be paid by credit card, cheque or direct deposit.
3. As a security measure on The Evening Star property during your stay, a bond is required. An amount equivalent to one night’s accommodation will be pre-authorised on your credit card prior to check in. This amount will be set aside by your financial institution and released after your departure, providing there is no need to claim against the amount. Alternatively a $300.00 bond payable by cheque or direct deposit will be required and will be refundable after your departure, once The Evening Star has been inspected and all our ‘Terms and Conditions’ have been met. The refund of the cash bond will be paid by cheque or direct deposit no more than 7 days after your departure.
4. Children/Pets: The Evening Star is designed as a tranquil retreat for adults and is unsuitable for children or pets
5. Inspection on Departure: Whilst we understand that accidents can happen we would appreciate you informing Cherie on 0447 441 990 prior to your departure should there have been any damage/mishap as a result of your stay. At the completion of your stay we will conduct an inspection on the property. If there has been:
• damage other than fair wear and tear, to the property, furniture and fittings or;
• additional cleaning is required, including assistance to move furniture or;
• there are items missing from The Evening Star or;
• there are significant breakages;
we will advise you of the amount we will debit from the bond referred to earlier in Clause 3 above.
6. Standard check-in time is after 3.00pm. Other times are subject to availability and arrangements must be confirmed at least 24 hours prior to arrival. Check-out is strictly by 10.00am on day of departure to allow us to prepare for incoming guests. Late check out not by mutual arrangements will incur additional charges by the hour or part of.
7. The Evening Star has two bedrooms and two bathrooms and is suitable for two couples where a couple is deemed as two (2) guests using one bedroom. The number of guests should not exceed a maximum of 4. Different rates are charged for 3 or more guests as additional cleaning costs are incurred. The number of guests must not exceed the number stated on the booking confirmation email from The Evening Star.
8. Your details that are required to secure all reservations are: Name, mailing address/usual residential address, contact phone number, mobile phone number, email address, number of guests in your party, names of other guests in your party, dates of occupancy and number of nights required plus your credit card details.
Cancellation & Refunds Policy
1. If cancellation occurs more than 6 weeks prior to your reservation, your deposit is fully refundable less a $50 administration fee.
2. If cancellation occurs less than 6 weeks prior to your reservation, your deposit will be fully refundable less a $50 administration fee provided we can rebook the cancelled time either fully or at least 60% of the time. Otherwise we will retain your deposit.
3. If cancellation occurs within 7 days, 100% of the applicable tariff will apply.
4. Postponements are treated identically to cancellations except that the administration fee will not apply.
1. It is the responsibility of guests to ensure the property is left in a similar state to its condition on arrival. It is anticipated house will be clean and tidy, in an acceptable state of repair, with all dishes washed/dried and put away, stove and bench tops clean, all rubbish placed in outside garbage bins provided (remember to recycle)
2. Furniture (both indoor and outdoor) should not be moved as this can cause scratching on floors/decks and damage to the furniture and other house surfaces. Additional charges will be applied if moving furniture back to original locations is required as this is not part of standard cleaning charges and requires more than one cleaner to ensure worksafe provisions are met.
3. Garbage collection is on Tuesday mornings. We would appreciate you putting the bins out by the driveway on Monday nights.
4. The property is situated in a quiet country town and in the interests of our neighbours, your booking is accepted on the express condition that you cause no disturbance and you maintain a reasonable noise level between 10:00 pm and 8:00am. Parties and functions are strictly prohibited. The tariff charged is for domestic use only and for the use of our paying guests. Accordingly this rate does not allow for the extra wear associated with functions in the terms of cleaning, garbage removal, wear and tear, repairs etc. Use contrary to this may result in additional payments.
5. Guests are required to advise the Property Manager on 0447441990 immediately of any complaint from neighbours related to the guest occupancy of The Evening Star
6. We take no responsibility for the theft or loss of guest’s personal property.
7. Please be advised that NO SMOKING is permitted indoors. Smoking is permitted outdoors only. For those who still find it necessary to smoke indoors (which is very obvious to non-smokers) additional cleaning charges will be incurred for the dry cleaning/laundering of soft furnishings. I.e. curtains, rug, cushions, lounge, bedding etc. Guests are required to dispose of cigarette butts in garbage bins prior to departure.
8. Guests are required to consume alcohol reasonably; no drugs or illegal activities are permitted on the property.
9. The maximum number of visitors to the Property is 4. Guests are responsible for their visitor’s behaviour and must ensure visitors conform to the House Rules set out in this document.
10. Cushions are provided for use on outdoor furniture and are stored in the hall cupboards. The cushions should be brought in at night or if it is raining to avoid getting the cushions wet. Cushions should be returned to cupboards on departure so that other guests arriving after you can also enjoy dry cushions.
11. Should you use the BBQ to avoid cleaning charges ensure it is cleaned prior to your departure. BBQ wipes are provided for this purpose
12. Guests are required to ensure the property is secured when leaving the property, all doors and windows locked. This is also required together with the turning off of all lights and heaters and the return of the key to the security box at front door when departing The Evening Star after your stay.
13. The Evening Star has an environmentally sensitive septic system to ensure minimal pollution to the nearby Morses Creek. Please use receptacles provided in both bathrooms and do not flush non organic objects like tampons or sanitary napkins down the toilets as this will block the septic and impact on your stay. Also please be mindful of our wider environment; and turn of lights, air conditioning and heating when leaving the property.
14. Non Compliance with House Rules. Breach of the House Rules is a breach of your Terms and Conditions as a guest of the Evening Star. We reserve the right to terminate permission to occupy the Property and evict from the Property any visitors or guests who fail to observe the House Rules or who cause a nuisance
15. Emergency Contact: The Evening Star manager Cherie Woodbury should be contacted on 0447441990 in the case of an emergency relating to the property
16. Guest Lost Property: While our cleaners report major items left at The Evening Star and we will contact you in such cases, it is the responsibility of the guest to contact The Evening Star to claim lost property. On request lost property will be returned COD via Australia Post.
Holiday Rental Agreement between The Evening Star and Guests
I. The Evening Star also referred to as the Property is a stand alone weatherboard dwelling situated at 508 Morses Creek Road, Wandilingong and includes all furniture, fittings and household items;
II. We refers to the owners and property manager of The Evening Star
III. The Guest also referred to as You is the guest who is renting The Evening Star
IV. A Visitor is a person invited by the Guest to the Property
V. Terms and Conditions is the document made up of Booking Conditions, Cancellations/Refund Policy, House Rules and Holiday Rental Agreement between The Evening Star and Guests
A. We agree to rent The Evening Star to the Guest for the time, number of guests and tariff set out in the booking confirmation email to the Guest. In exchange for this service the Guest agrees to Booking Conditions, Cancellation/Refunds Policy and House Rules defined earlier in this Terms and Conditions document.
B. Payment of the rental deposit signifies acceptance by the Guest of this rental agreement.
C. We accept this agreement on receipt of rental deposit from the Guest
D. This Agreement and the Terms and Conditions do not offend the unfair contract terms and other provisions of the Australian Consumer Law which always takes precedence.
2. Licence not a tenancy
A. This is not a residential tenancy agreement under the Residential Tenancy Legislation but a limited permission for the Guest to occupy The Evening Star for holiday purposes
B. Failure to comply with the Guest's obligations in the Terms and Conditions may result in termination of permission to occupy the Property and eviction.
3. General obligations of Guests and Visitors
Guests and Visitors must:
a) Comply with all House Rules;
b) Respect the residential amenity and security of the Property and neighbours;
c) Refrain from anti-social behaviour;
d) Guests must control and be responsible for Visitors and ensure that Visitors comply with the House Rules;
e) Comply with any instructions from the Manager during their stay; and
f) Notify the Manager of any disputes or complaints from neighbours to the Property as soon as is practicable.
4. Noise and Residential Amenity
A. Guests must not create noise which is offensive to neighbours especially between 10pm- 8am and during arrival and departure at any time throughout the occupancy.
B. Offensive noise is prohibited and may result in:
i. termination of permission to occupy the Property;
iii. loss of rental paid; and
iv. extra charges for security and other expenses which may be deducted from
the Bond referred to in Booking Conditions
C. Guests 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. Functions and parties
A. The Property is not a “party house” and any such activities are strictly prohibited; and
B. Permission for any gathering, celebration or entertainment at the Property must be in writing from The Evening Star at the time of acceptance of the booking, not conflict with residential amenity and must comply with all House Rules.
6. Complaints and dispute resolution procedure
A. If a complaint occurs the Manager will arrange a meeting with the Guest and neighbour as soon as practicable to discuss the complaint and agree what needs to be done to resolve the issue at hand
B. The Guest will cooperate fully with the Manager in the process outlined in point 6(A)
7. Consequences of not meeting the Terms and Conditions
A. Guests must understand their obligations under the Terms and Conditions to maintain the amenity of the Property and its neighbourhood. It is the Guest’s responsibility to make any Visitors to the Property also aware of these requirements.
B. The consequences of not complying with the Terms and Conditions requirements can include enforcement action from the owner, Manager, security services, local councils or, in some instances, the Police.
C. 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 rental paid, deductions from security deposits and extra charges.