5 Minute Productions Pty Ltd. Trading as Holiday Rental Hosting.
Guest Terms and Conditions
(1) AGREEMENT TO OCCUPY
(a) The Owner is the registered owner of the Accommodation.
(b) Holiday Rental Hosting is authorised by the owner of the Accommodation to allow the Guest to occupy and use the Accommodation on the terms of this Agreement. The terms of the booking are between the guest and Holiday Rental Hosting.
(c) The guest is authorised to occupy the Accommodation during the agreed period as set out in the Booking Summary. The guest is not a tenant of the Accommodation and has not been granted exclusive possession of the Accommodation.
(d) This contract for Accommodation shall not be effective until Holiday Rental Hosting sends the Guest written confirmation of the booking. The Guest acknowledges that Holiday Rental Hosting acts as a booking agent for the Owner only and not as a principal.
(2) BOOKING TERMS AND CANCELLATIONS
(a) Booking Terms
- No booking is confirmed until Holiday Rental Hosting has received the signed Registration Form, these Terms and the full payment for the booking.
- We accept payments by bank transfer or credit card only.
- To book the Accommodation, a non-refundable deposit of $100 is payable at the time of booking (Non-Refundable Deposit).
- To secure the Booking, an additional 10% of the full booking tariff is required to be paid within 48 hours of making the booking (the Initial Deposit). Holiday Rental Hosting does not ‘hold’ properties without the Non-Refundable and Initial Deposit being held.
- The remaining balance is to be paid at least 60 days prior to your specified arrival date (the 60 Day Rule).
- Failure to make payment by the 60 Day Rule will result in a cancelled booking and Holiday Rental Hosting has the right to re-let the Accommodation.
If your booking date is within 60 days from your specified arrival date, you must pay the full amount at the time of booking.
- Once the Initial Deposit or full payment has been received, you will receive an email confirming your Booking. The contract between us will only be formed when you receive the payment confirmation email and is subject to these Terms.
- You should carefully check the details of your Booking before making a payment, as well as the confirmation email and inform us immediately of any errors or omissions.
- All transactions are processed in Australian Dollars.
- All fees and charges will be inclusive of GST.
- If you have booked through an Agent website, the payment requirements of this site will apply to your booking.
(b) Guest Cancellation and Amendments
(i) If you need to cancel or amend your Booking, please notify us as soon as possible. A cancellation or amendment will not take effect until we receive confirmation in writing or via email from you.
(ii) If you cancel your booking, money paid is not refundable unless the property is re-let for the entire period at the same nightly rate. If a refund is made due to the property being re-let, a $440 administration fee will be deducted from monies paid prior to releasing your refund.
(iii) Guests need to ensure they have appropriate travel insurance to cover any booking losses as per above.
(c) Agent Cancellations and Amendments
(i) The Owner reserves the right to cancel a booking at any given stage issuing a full refund to the Guest. Holiday Rental Hosting will do our best to try and find suitable alternative accommodation for the Guest.
(ii) If this does occur, we will contact you as soon as possible. If we cancel your Booking, we will refund you any fees you have already paid. We will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).
(iii) Holiday Rental Hosting and the Owner reserves the right to terminate any booking and immediately remove any Guest from the Property for failure to comply with the Terms of their booking, in which case there would be no refund of any monies paid and an automatic charging of the Security Bond/Pre-Authorisation pursuant to section 9 below, on the Guest’s stipulated credit card.
(3) ARRIVALS AND DEPARTURES
(i) Check in – Check out
Check in 2pm
(ii)Any early check in/out request must be approved in email prior to your arrival at the property.
(iii) Any costs incurred to Holiday Rental Hosting due to unauthorised overstaying by any guest will be deducted from the security deposit/pre-authorisation. Should the charges not be covered by the security bond, then we reserve the right to charge your nominated credit card.
(iv) Any call outs, outside of office hours may incur up to a $100 call out fee.
(v) If any keys, swipes/ fob access cards to the Accommodation is not returned upon check-out, you will be charged for changing all related barrels and a full set of new keys.
(vi) Key copying is strictly forbidden; if spare keys to the Property are required please contact Holiday Rental Hosting and we’ll do our best to accommodation your request.
(vii) Under no circumstances should keys be left inside the apartment upon check out. Please refer to check out instructions on the arrival details confirmation. Charges will apply for breach of this term
(4) RELEASE, INDEMNITY AND PROPORTIONATE LIABILITY
To the extent permitted by the law, you agree to release, indemnify and hold harmless, Holiday Rental Hosting and its current and former officers, employees, contractors, sub-contractors/consultants (including their respective employees and contractors) and the Owner, its agents and subcontractors (the Indemnified Parties) against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your booking or your stay at the relevant Accommodation except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgment or loss arose out of, was caused by, attributable to or resulted from the Indemnified Parties; negligence, wrongful act/omission or breach of these Terms.
To the extent permitted by law the aggregate of the Indemnified Parties’ liability to you is limited to an amount not exceeding the amount paid by you for your booking.
Each indemnity in these terms and conditions is a continuing and independent obligation and survives the termination or expiry of these terms and conditions.
(5) GUESTS RESPONSIBILITY
If you become aware of anything during your stay which you believe is a health & safety risk you must inform Holiday Rental Hosting immediately.
After hours maintenance (8pm-7am): Should you have an urgent maintenance issue, for example power outage, roof leak, burst pipe, and it requires urgent attention (can’t wait until the following morning) send a text to 0404 337 077 with the property address and issue and someone will contact you ASAP.
You must comply with the House Rules and you must also comply with any building regulations.
These Terms solely apply to the registered names and number of guests on the booking confirmation. They do not apply to additional visitors or occupants.
The Booking Summary specifies the maximum permitted number of guests to stay in the Accommodation. If we are notified of any additional guests occupying the property, then additional charges may apply.
In addition to the house manual, the following House Rules apply to all properties:
- keep the Accommodation clean, tidy and clear of rubbish
- Guest shall only park cars in areas specifically identified for Guest use by the Manager. Any additional vehicles, boats and the like are to be parked outside the Property grounds.
- Turn off Gas at cylinder after use clean BBQ after use, use BBQ Mat 0n Grill where provided. Please notify Manager if gas bottle is empty. Please note there will be a $20 charge for BBQ left unclean.
- leave the Accommodation in the same condition as you find it
- not keep or take any pets or animals into the Accommodation (unless otherwise agreed in writing
Any Accommodation including part of a building or complex with common property, do not leave any objects or waste in any common property
Any illegal or immoral activity from the Accommodation is not permitted.
Smoking is not permitted inside the Property.
The Properties managed by Holiday Rental Hosting are Owner’s homes. Items will be left for Guests to use throughout their stay (e.g. pantry goods, Kayaks, children’s toys, sports equipment etc) with items not for use locked away at the Property. Guest’s are to respect the Owner’s desires and not use items that have been purposefully and obviously locked away and/or covered up and are not for Guest use.
Furniture is not to be moved at the Property and no item from the Property is to be removed from the Premises. Only outdoor furniture is to be used outdoors.
Guests are to make sure all bins are lined and rubbish to be placed in the bins provided. Guests will be charged $50.00 per excessive bag/box of rubbish not removed from the premises at checkout. (please note the cleaning of fish is not to be done on premises.)
(6) CONSUMER LAW
To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Holiday Rental Hosting are excluded under these Terms.
Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or under any international consumer protection legislation, provided that, to the extent that such law
Holiday Rental Hosting to limit its liability, then Holiday Rental Hosting liability is limited to:
- in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
- in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
(7) USE OF THE PROPERTY BY GUESTS
(i) Unless written permission
any business or commercial activity is not permitted in the accommodation.
not make any alteration or addition whatsoever to the Accommodation or its contents.
not use the Accommodation for any purpose other than for personal accommodation.
Parties and Gatherings
Parties and Gatherings are strictly prohibited without prior written consent of the property owner. If you breach this condition, instant loss of bond, immediately evicted without notice and without refund or credit for any nights unused.
Noise to be kept to a minimum after 10pm.
Legislated noise pollution controls shall prevail at the Property and Guests are obligated to comply with any Body Corporate rules and regulations (where applicable). No guests are to create or permit any noise or nuisance, which is likely to interfere with the peaceful enjoyment of any other person occupying adjoining premises.
Any complaints from any owner, neighbour, local authority (not limited to) reported to the agent including: nuisance, annoyance, inconvenience or disturbance of residents causing damage, playing loud music or musical instruments, dancing, entertaining at the Accommodation will be investigated.
Should there be a serious breach of this clause 7 Terms, Guests will face immediate eviction without notice and without refund or credit for any nights unused.
(i) In accordance with section 18N(1)(b) of the Privacy Act 1988 (Cth) the Guest authorises its credit providers to disclose credit information about the Guest to Holiday Rental Hosting for the purposes of Holiday Rental Hosting assessing the Guest’s credit worthiness, credit standing, credit history or credit capacity in relation to its Accommodation booking.
(ii) Guests are not to invade the privacy of the owner. Private contact information is not to be published or revealed in any way which might allow a third party (social media sites) to identify the address of the property or owners contact/personal information, even if such information is already in the public domain.
(iii) You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape or obviously closed / locked off.
(9) SECURITY BONDS/PRE-AUTHORISATIONS
(i) Up to a $1000 refundable Security Bond / credit card Pre-Authorisation (Security Bond) is also required to be paid prior to your arrival to cover any incidental breakages or other costs incurred as a result of your booking.
(ii) Your Security Bond is due at least 3 days prior to your arrival.
(Individual Owners may require additional upfront security deposit)
(iii) This Security Bond will be refunded to you within 14 days from departure of the property, pending a final inspection of the property once the guest has departed.
(10) PROPERTY DAMAGE
(i) The Guest acknowledges that the Security Bond shall be deducted from the nominated credit card for any extra cleaning, breakages, loss, damages to the Property or its surrounds, breach of the terms and conditions or any additional fees incurred as stipulated in this agreement.
(ii) You must notify Holiday Rental Hosting of any damage to the Accommodation, contents fixtures or fittings which occurs during your stay, even if you regard the damage as fair wear and tear or if you do not believe the damage is your fault.
(iii) If you do not notify Holiday Rental Hosting of any such damage you will be fully liable for such damage on a full replacement basis.
(iv) Holiday Rental Hosting reserves the right to charge in the event of any late check outs or over staying by a Guest.
(i) Holiday Rental Hosting will be entitled to sub-contract or delegate their obligations under this Agreement.
(ii) These terms and the Booking Summary represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
(iii) The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a Court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
(12) LISTING AND PROMOTIONAL INFORMATION
(i) Holiday Rental Hosting has used its best endeavours to maintain the accuracy, currency and correctness of all advertising materials and information given to them with respect to the Property. Nothing in those materials shall be treated as a term or condition of this contract and details are subject to change without notice.
(ii) Holiday Rental Hosting invites Guests to inspect the Property prior to the booking dates, at a time suitable to the Manager, as the Manager is not liable for and will not issue a refund to any Guest who is not satisfied with or does not consider the Property booked to be suitable as a result of any difference of opinion as to the condition or quality of the premises, the surrounds, nor for any temporary defects or stoppages of any utilities.
(iii) Properties may not appear exactly as pictured or described due to normal Property wear and tear, a change in furnishings or any other changes that may have occurred after the advertising materials were published.
(iv) Holiday Rental Hosting will not accept any responsibility for any matter or occurrences beyond the Manager’s reasonable control including (but not limited to) damage caused by extreme weather conditions, breakdown of appliances, wiring, plumbing, invasion of pests or noise disturbance.
THE ACCOMMODATION DESCRIPTION
All information in respect of the Accommodation contained on the Holiday Rental Hosting or any Agent’s website is believed to be correct at the time of the publication, however, all details are subject to change by Holiday Rental Hosting and/the Owner without notice. Holiday Rental Hosting will not accept any responsibility for any alterations to the Accommodation or any part thereof Holiday Rental Hosting control or any liability for any matter or occurrences beyond Holiday Rental Hosting’s reasonable control including damage caused by break down of appliances, extreme weather conditions, 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.
(i) The Guest must immediately (within 24 hours) notify Holiday Rental Hosting of any complaint or problem with the Property, should there be one, and allow the Manger a reasonable amount of time to remedy the problem or find the Guest suitable alternate accommodation if the problem cannot be resolved within a reasonable amount of time. The Manager must use discretion in deciding the severity and outcome of the complaint or problem. Failure to notify Holiday Rental Hosting will void any claim following the booking period and vacating the Property does not constitute an adequate cause for the Guest to be refunded.
(i) No liability is accepted for any injury, debt, damage, loss, delay, expense or inconvenience caused directly or indirectly to any Guest or their personal belongings, baggage, vehicle and other Property whilst staying at the Property. Neither the Owner nor Holiday Rental Hosting accepts any responsibility for any events beyond the Manager or Owner’s control.
(1) The Guest acknowledges that the use of any of the Properties facilities (swimming pool, outdoor spa, tennis court or the like) which may result in injury, loss or damage to the Guest or their Property is the Guest’s responsibility and the Manager and Owner will not accept any liability arising there of.
(2) It is recommended that Guests take out personal property insurance or adequate travel insurance should any unexpected situations arise before or during your travel period.
Failure to comply with any of the above conditions may result in immediate termination of your License to Occupy.
Holiday Rental Hosting reserve the right to change the wording, add to, delete or modify these Terms from time to time.
BREACH OF TERMS AND CONDITIONS
By booking this property you in turn agree to these Terms, the Guest acknowledges and agrees that should it or any additional occupants or visitors breach any of the terms and conditions stated herein, you will pay Holiday Rental Hosting the total loss or damage that it suffers as a result of that breach. Further, you hereby authorise Holiday Rental Hosting to debit your credit card or apply your refundable deposit in payment of that loss or damage and Holiday Rental Hosting may evict you and your guests without notice