CONDITIONS OF SHORT TERM HOLIDAY RENTAL AGREEMENT RENTAL CONTRACT
The rental contract is between the guest and the Managers and the owner of the property to which the accommodation booking is made and is subject to the terms and conditions herein. The contract for accommodations shall not be affected until the Manager sends the guest confirmation of the booking. The guest acknowledges that the Manager acts as a booking agent for the owner only and not as a principal.
LENGTH OF STAY
There is a min 2 night stay policy at all times except long weekends where it is 3 night minimum. Easter is a 4 night minimum and Xmas and New Year is 7.
I UNDERSTAND THAT THIS PROPERTY IS IN A RESIDENTIAL AREA AND I / WE WILL NOT MAKE ANY EXCESSIVE NOISE. I agree that voices / stereo’s / barking dogs and foul language may distress the neighbours so will be kept to a minimum and stereo’s will be turned off by 10pm on week nights and Sunday’s and 12 midnight on Friday and Saturday nights. If the police are called or neighbours complain the manager will need to evict you from the property with no refund of accommodation paid offered. The owner or owners agent has the right to eject tenants from the property during their stay if it is deemed by the manager that the tenants are not looking after the property, respecting the neighbours or have too many people either AT or residing at the property.
The property is to be left in a clean and tidy state, with floors swept, benches wiped, dishwasher emptied or dishes washed and put away. All rubbish must be emptied into the sulo bins and put on the side of the road. Any excess rubbish that won’t fit in the bin must be removed from the property or a rubbish removal fee will be charged to you. If the Sulo bins are not put out on the kerb when you vacate you will be charged for emptying them at the tip. Beds must be left with quilt covers straightened and clean. You must clean the BBQ if you have used it or you will be charged $50 from your bond.
An amount deemed by the booking manager is payable by guest for any extra cleaning or rubbish removal and it shall be redeemable from the tenant where necessary. Any amounts required by booking manager from tenant shall be taken from the tenants bond without prior notice to tenant.
Under no circumstances may the number of persons AT the holiday home exceed the maximum number of persons as stated on the web site that the property sleeps. If this becomes apparent to the booking Manager then the guests shall be immediately evicted and no refund granted. The property is NOT available for parties, weddings or functions of any sort.
The guest acknowledges that if they have been granted permission to have a pet at the property it is under the following conditions.
The pet may not be allowed on or against any carpets or soft furnishings, that all faeces will be removed / cleaned from property and placed in rubbish bin in a plastic bag.
City of Busselton legislation stipulates the dog will not be left alone at the property under any circumstances and shall not bark causing nuisance to any neighbour.
There is a extra $60 fee applicable and all and any damage or extra cleaning required will be made good by the tenant upon vacation or where necessary taken out of the bond.
If the manager deems the pet has been on any soft furnishings or carpeted area’s and fur has been left behind the manager will have the house fumigated and sanitised and all soft furnishings dry cleaned at full cost to the tenant.
The Manager will not confirm the accommodation booking until the guests deposit payment is received and cleared. If the accommodation booking is made within 21 Days of the date of commencement of the guest’s proposed holiday, the full rental payable for the Property is required together with any bond and any other payment applicable.
The full amount payable in respect of the property rental shall be paid at least 21 days prior to the date of commencement of the booking. If the full payment has not been received by the booking Manager at least 21 Days PRIOR to the start of the rental period then the Booking Manager and the Owner reserve the right to cancel the booking without notice and the guest will forfeit the guest’s deposit which will be non-refundable in such circumstances. If the booking agent has credit card details on file from your deposit the agent will automatically charge the final payment to that card and the receipt you will be emailed will be confirmation of this charge.
The guest acknowledges that for each payment taken on their credit card there will be a 1.5% surcharge added to the amount paid.
DHH does not accept part payments into their bank account. If the tenant wishes to pay by direct deposit it must be the whole and total amount due with their surname clear in the narration.
We will refund any amount you have paid to secure your booking less $100 cancellation fee if you cancel your booking within 48 hours of making the booking.
A full refund less $250.00 booking fee will be granted if cancelled 21 days prior to arrival.
No refund will be granted within 21 days of arrival unless the property is fully rebooked in which case a refund less the $250 cancellation fee will be granted.
This is a genuine pre-estimate of the loss we are likely to incur as a consequence of a cancellation. If you cancel and you are not entitled to a refund, you may apply the amount to a future booking. We recommend that you take out travel insurance to cover you for unforeseen circumstances which may cause you to cancel last minute.
If your booking involves you moving one or more times between apartments, the above applies from first check in date, ie, the two or more legs of your booking are treated as one booking.
The Guest acknowledges that the bond shall be used for any extra cleaning, breakages or damage done to the property or it surrounds as deemed by the property manager and shall be deducted from the bond. If the property manager deems damage has been done they will contact you with in a 4 day period. Any and all bond due to the tenant shall be refunded within 10 working days to the tenant, unless the agent is waiting on accounts. The bond will be automatically deposited back into your nominated bank account. If you have not provided us with bank details a cheque will be posted. If you are an overseas guest the bond will be refunded into your credit card. No notification of this will be sent.
The Booking Manager recommends that the Guest takes out comprehensive holiday cancellation and protection insurance with a reputable insurance company to cater for any unforeseen circumstances which may arise including accident, ill health or any other matters beyond the Guest’s reasonable control, as once the booking has been made and confirmed, the Guest will be responsible for payment of the full rental whether or not occupation of the Property occurs.
RIGHT TO REFUSE OR REVOKE BOOKINGS
The Manager and the Owner reserve the right to revoke or refuse to honor any property accommodation booking which may in the opinion of either party (and at their sole discretion) be unsuitable for the Property concerned. The owner has the right to cancel a booking at any given stage issuing a full refund to the tenant for no apparent reason.
GUEST’S OBLIGATIONS IN RESPECT OF THE PROPERTY
The guests shall be responsible for the Property during the Guest’s stay. The Guest shall take all reasonable care of the Property and at the end of the stay shall leave the Property including all utensils, fixtures, fittings and equipment on, in or about the Property in a clean and tidy condition. The Guest shall be liable for any breakages or damage caused to the Property or any part thereof or any of the chattels therein that may occur during the Guest’s occupation of the Property and all costs of repairs and replacement thereof shall be payable to the Manager or the Owner upon demand. Any damage or breakage to any part of the Property or any of the chattels therein shall be reported to the Manager or Owner as soon as practicable after the damage occurring thereto. An amount deemed by the booking manager is payable by the guest for any extra cleaning or rubbish removal shall be redeemable from the tenant where necessary. If any damage is done to gardens or outside of the property the tenant shall also be held responsible and the costs redeemable from the tenant’s bond.
All personal belongings, baggage, vehicles and other property of the Guest of any description shall be the risk of the Guest at all times and neither the booking manager nor the Owner accepts any responsibility for any loss or damage thereto.
The Guest acknowledges that the Manager has used its best endeavours to describe the Property to the Guest within the limited extent of the communications between the Guest and the Manager and the Manager shall not be liable to the Guest in any respect should the Guest consider the Property to be unsuitable for any reason whatsoever. The Manager has advertised the property to the best of their knowledge.
DESCRIPTION OF THE PROPERTY
All information in respect of the Property contained in the Manager’s advertising is believed to be correct at the time of printing, however all details contained in the flyer or website are subject to change by the Manager and/or the Owner without notice. The Manager will not accept any responsibility for any alterations to the Property or any part thereof beyond the Managers control or any liability of any matter or occurrences beyond the Managers reasonable control including damaged caused by extreme weather conditions breakdown 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 more of them.
AVAILABILITY OF PROPERTY
The short-term accommodation contract negotiated by the Manager and made between the Guest and the Owner is made on the understanding that the Property and its facilities as stated in the booking confirmation will be available as represented to the Guest. Should any events whatsoever arise beyond the reasonable control of the Manager which renders the Property uninhabitable (for example flood, fire, storm, tempest, etc) or unavailable, then the Manager may have to cancel the Guest’s booking for the property. Should such circumstances arise then the Manager will endeavour to relocate the Guest to a holiday home of similar standard to the Property in the same area. Where this is not possible, the Manager will refund all monies paid by the Guest in respect of the Property. Upon refund of the monies paid, the guest shall have no further claims whatsoever against the Owner of the Property or the Manager.
Should any dispute arise between the Manager 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, then a single arbitrator appointed by the President for the time being of the Real Estate Institute of Western Australia (Inc) who shall act as sole arbitrator in accordance with the provisions of the Commercial Arbitration 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 premises for a holiday within the meaning of Section 5 (2) (e) of the Residential Tenancies Act 1987 as amended (“the Act”) and the parties to the Agreement confirm that the provisions of the Act shall not apply to the Rental Agreement.
TOWELS AND LINEN
In all cases unless otherwise advertised bath towels, beach towels and bed sheets are not provided and you should therefore bring an adequate supply with you. Also note that you are expected to use a top sheet when using the provided blankets and quilts. If there is any unnecessary dirtying of these due to Guest not using a top sheet the Guest shall be responsible for payment of dry-cleaning.
I declare that I am over 25 years of age and that this booking is made in accordance with the above Terms and Conditions. Furthermore I agree to be held responsible for any and all charges due and payable on this holiday home booking and any excess charges required after my departure from the property. I agree to depart the property at 10am on the vacate date unless otherwise specified. If I do not vacate by 10am I will be charged at $50 per half hour late checkout fee from 10.10am which will be taken from my bond. Should I wish to cancel my booking I understand a full refund less $250.00 booking fee MAY be granted if the property is fully re booked.
All information that I have provided is true and correct.