Short Stay Fremantle Apartment
The following Booking Conditions together with the General Information forwarded to you form the basis of your
contract with Nathan Baws, Fremantle, Western Australia. Please read them carefully as they set out our respective
rights and obligations.
In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is
added or substituted at a later date). “We” and “us” means Nathan Baws.
All bookings are made subject to these booking conditions.
1. Making your booking
Bookings can be made by completing the form emailed to you at the time of your enquiry. You will also need to
send a scanned copy of your passport (or identity card) and drivers licence, the originals of which will be checked
upon arrival. We will also need to see a copy of your confirmation details from us.
Once we have received your booking form and booking deposit, we will, subject to availability, confirm your stay by
issuing a confirmation of your rental by email.
Number of persons
Only those persons whose name appears on the Booking Form may use the property. The number of persons
(adults and children) must not exceed the number of sleeping places indicated on the website. The substitution of
persons during the rental period is forbidden unless previously agreed.
In order to confirm your stay, an initial deposit of $500.00 (or $500.00 plus the full payment if booking within 21
days of check in to the apartment) must be paid at the time of booking.
This deposit is not refundable in the event of your cancellation or failure to pay on time as set out below.
The balance of the cost of your stay must be received by us not less than 21 days prior to arrival (or at the time of
booking if this date has passed). Alternatively, the remaining balance can be paid in cash upon check in. If you have
not paid in full and on time or you have not advised us that you will be paying in cash upon arrival, we reserve the
right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 6 below will be
Once you take occupation of the apartment, we will then hold this deposit as the Refundable Security Bond. This
covers you for any breakage claims up to the security deposit amount. It does not cover you for any surcharges or
expenses incurred during your stay.
We check the property after you leave and we do request that you be honest about any breakage you may have
caused. The cost of any damage or loss to the accommodation or to any items in and/or at the accommodation
caused or any service charges incurred by you or any member of your party (for example additional cleaning
services) will be deducted by us from the security deposit at the end of your stay.
If no deductions are required your security bond will be refunded in full to you within 2 weeks after your departure
from the accommodation. This will be returned to the bank account details you have supplied on your booking
If there is a claim for damages or losses caused by you or your actions, or any service charges incurred by you which
exceeds that of the security deposit amount, you will be responsible for paying us any additional monies required
immediately on request from us. If you fail to do so, you will be responsible for meeting any claims subsequently
made against us (together with our own and any other party’s full legal costs) as a result of your actions.
If payment is made via credit card, you give us permission to deduct any costs to cover damages from your credit
card. We will contact you before any deductions are made.
3. Your contract
A binding contract between us comes into existence when the deposit payment is paid (see clause 2 above).
Payment of your deposit regardless if this agreement is signed or not signifies acceptance of the terms within this
contract. If you cancel after paying the deposit our normal cancellation charges will apply. This contract and all
matters arising out of it are governed by Australian law. We both agree that any dispute arising out of or connected
with your stay will be dealt with by the Australian Courts.
Although our goal is to provide accommodation based upon your booking and making a deposit, should for any
unforeseen reason the property not be available for the date or duration of your stay, whether or not payments
have been made by you, we reserve the right to be able to cancel your stay. All monies will be refunded to you, and
our liability is limited to refunding your full payment.
Payment of both the deposit and the full balance due for your stay will grant you a license to occupy the premises
only for the period of time as specified on the Rental Booking Form.
4. The cost of your stay
We reserve the right to increase or decrease the prices of accommodation at any time. The price of your stay will be
confirmed at the time of booking, subject to the correction of errors. We reserve the right to correct errors in both
advertised and confirmed prices. We will do so as soon as we become aware of the error.
Please note, changes and errors occasionally occur. You must check the price of your stay at the time of booking.
You are responsible for your own house-keeping whilst in occupation as the apartment is not serviced. There is a
$70 fee quoted to you and this will cover your cleaning costs upon exit. This covers the cost of laundering linen and
towels (1 large and 1 small towel per person will be provided, plus one hand towel and one bath mat per bathroom,
plus one tea towel), and a general clean at the end of your stay. Please note that you will be charged for any
additional cleaning should the apartment be left in a state that warrants more than a general clean at the time you
Should you require additional cleaning we can arrange this at a cost of $35 per hour for a minimum of a 3 hour visit.
To benefit all guests, we operate a strict NO SMOKING policy in the apartment. If at the end of your stay there is
evidence of smoking within the property, we will charge a fee of $250 to be deducted from the Refundable Deposit
to pay for the additional dry cleaning and deep cleaning of the entire property.
Please ensure all rubbish is disposed of in the complex bins before you leave the property.
6. Changes by you
Should you wish to make any changes to your confirmed booking, you must notify us by email immediately. Whilst
we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an
amendment fee may be payable together with any costs incurred by ourselves.
7. Cancellation by you
Should you need to cancel your stay after the contract has begun (see clause 3 above), the party leader must
immediately advise us in writing. Your notice of cancellation will only be effective when we have acknowledged
receipt of it. As we incur costs from the time we confirm your booking and may be unable to re-sell your period of
stay, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage,
this is calculated on the basis of the total cost of the booking excluding amendment charges. Amendment charges
are not refundable in the event of cancellation.
Time before start of stay within which we receive email cancellation Cancellation charge
more than 8 weeks deposit only
less than 8 weeks deposit + 20% of balance
less than 6 weeks deposit + 40% of balance
less than 4 weeks deposit + 60% of balance
less than 2 weeks deposit + 80% of balance
less than 1 weeks deposit + 100% of balance
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any
applicable excess) under the terms of any insurance policy you may have. Claims must be made directly to the
insurance company concerned.
It is strongly recommended that you take out adequate travel insurance. Please read your policy details carefully. It
is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. Travel
insurance can be purchased separately through your broker.
9. Changes and cancellation by us
Occasionally, we have to make changes to and correct errors on our website descriptions and other details both
before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to
avoid changes and cancellations, we must reserve the right to do so.
If we have to make a significant change to or cancel your booking, we will tell you as soon as possible. We will
endeavour to offer you an alternative should a significant change or cancellation occur.
We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation
Very rarely, we may be forced by "force majeure" (see clause 12) to change or terminate your stay after departure
but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret
we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a
10. Arrival in Perth
Should you arrive in Perth by aeroplane or train, we advise you use a taxi to get to the apartment.
Check in time is from 2pm to 5pm and one of our representatives will be at the apartment to meet you and show
you the apartment. We cannot guarantee an early let-in unless you book the apartment from the night before, but
we will do our utmost to fit in with your arrangements where possible.
Should you require a check-in outside of these hours, there will likely be a charge of $50 for this service. This is
charged by the agents we use to conduct check-ins outside of the aforementioned times. If you advise us you
intend to arrive at 5pm and for some reason do not make it to the apartment by that time, please be aware that a
charge will most likely be levied.
You must leave the property on your departure date by 11am. We ask you to contact us regarding your departure
time at least three working days before you leave. Should you require a taxi to collect you, we can arrange this for
you. If you require a late departure, please advise us prior to your arrival and we will see what arrangements can be
made. Late departures are subject to an additional half/day charge. Full instructions on where to leave keys (upon
departure) will be left in the apartment. Please note that you will be charged $150.00 for the replacement of keys
that cannot be retrieved on check out day as locks will need to be changed, so it is in your interest to avoid this
12. Force Majeure
We regret we cannot accept liability or pay any compensation where the performance or prompt performance of
our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of
"force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier of the
service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of
war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse
weather conditions, fire and all similar events outside our control.
13. Our Liability to you
13.1. We promise to provide your accommodation with reasonable skill and care. We do not accept responsibility if
any death, personal injury, failure or deficiency of your accommodation arrangements is not caused by any fault of
ours. When we talk about “fault” above, this means failure by ourselves to use reasonable skill and care in
performing or providing the service in question. Please note it is your responsibility to show that reasonable skill
and care has not been used if you wish to make a claim.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost
or other sum or claim of any description whatsoever which results from any of the following: -
(a) the fault of the person(s) affected or any member(s) of their party or
(b) the fault of a third party not connected with the provision of your accommodation by us which we could not
have predicted or avoided or
(c) an event or circumstance which could not have predicted or avoided even after taking all reasonable care (see
In addition, we will not be responsible where you do not enjoy your stay or suffer any problems because of a reason
you did not tell us about when you booked your stay or where any problems you suffer did not result from any
breach of our contract or other fault of ourselves or any losses, expenses, costs or other sum you have suffered
relate to any business.
Please note, we cannot accept responsibility for any services that do not form part of our contract or are not
immediately within our own control. This includes, for example, any additional services or facilities any other
supplier agrees to provide for you. It also includes the supply of utilities or services provided by a third party, for
example an electricity outage. Wherever possible we will try to provide you with an alternative solution so that your
stay is not affected, but it is not always practical to do so.
Internet is provided for general browsing purposes and excessive use of this service by way of downloading movies,
music etc is not permitted. We reserve the right to recover the cost of excess use by deducting the cost from your
refundable deposit. We cannot guarantee internet connection even though it is listed as being available.
13.2. The promises we make to you about the accommodation we have agreed to provide or arrange as part of our
contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as
the basis for deciding whether the accommodation in question had been properly provided. If the particular
accommodation which gave rise to the claim or complaint complied with local laws and regulations applicable to
those accommodation at the time, the accommodation will be treated as having been properly provided. This will
be the case even if the accommodation did not comply with the laws and regulations of Australia which would have
applied had that accommodation been provided in Australia.
13.3. We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not
involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is
concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for
such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance
premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount
will only be payable where everything has gone wrong and you have not received any benefit at all from your stay.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the
maximum amount we will have to pay you is $100 per person affected as you are assumed to have taken out
adequate insurance at the time of booking.
14. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your stay whilst away,
you must immediately inform us. Any verbal notification must be put in writing and given to us as soon as possible.
Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with
quickly. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot
accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any
such damage or loss must be paid direct to us at the time. If you fail to do so, you will be responsible for meeting
any legal costs we incur in full in recovering full payment from you.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable
opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be
likely to cause danger, upset or distress to any third party or damage to the property, or in any way damage the
reputation and/or goodwill of the Owner we are entitled, without prior notice, to terminate the occupation of the
person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation. We
will have no further responsibility toward such person(s). No refunds will be made and we will not pay any expenses
or costs incurred as a result of the termination.
We also expect you to respect the fact that you will be living in an apartment in close proximity to other residents in
other apartments and therefore be considerate of noise levels as a result.
16. Special requests and medical problems
If you have any special request, you must advise us at the time of booking and clearly note it in the extra
information section of the booking form. Although we will endeavour to meet any reasonable requests we regret
we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract
on our part. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be
conditional on the fulfillment of a particular request. All such bookings will be treated as “standard” bookings
subject to the above provisions on special requests.
If you or any member of your party has any medical problem or disability that may affect your stay, please tell us
before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any
event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly
accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation
or, if full details are not given at the time of booking, cancel when we become aware of these details.
17. Passports, visas and health requirements
It is your responsibility to ensure that you are in possession of all necessary travel and health documents, including
Passports and Visas (where applicable) before departure. You must pay all costs incurred in obtaining such
documentation. If you or any member of your party is not a Australian citizen or holds a non-Australian passport,
you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through
which you are intending to travel.
18. Prices and Website Accuracy
Please note, the information and prices shown on our website may have changed by the time you come to book
your stay. Whilst every effort is made to ensure the accuracy of the website and prices at the time of requesting the
booking, regrettably errors do occasionally occur. You must therefore ensure you check all details of your stay
(including the price) on your booking acceptance.
19. Complaints procedure
In the event of any problems you must contact us immediately, and undertake to do your best to resolve or
minimize the problem in order to avoid any prejudices that could result. You must immediately get in touch with us
by telephone on the day of your arrival, confirming your complaint in writing within 24 hours by e-mail. You are
obliged to give us the time necessary to resolve the problem.
Should there be no written complaint supplied as above specified and you leave the accommodation prematurely
and without an explicit authorization by us, you forfeit your rights for a refund of the rental price, unless the terms
of this contract have been breached. Complaints received at the end of the stay will not be taken into consideration
and no refunds will be given.
From time to time it may be necessary for the owner to access the property or grant access to others such as trade
people. As much notice as possible will be given to the guests, however the owner reserves the right to access the
property during the guests stay for any reason deemed necessary by the owner, with no prior notice given.