Yorke 272 Holiday Rental Terms & Conditions

 

The following terms and conditions upon which Yorke 272 is offered, booked and occupied for holiday rental under the contract between the Owner and Guest are in place to ensure an appropriate code of conduct is maintained by all parties. It is deemed that once a Guest confirms a booking they have read, understood and are willing to abide by these Terms and Conditions at all times. 

1     General Obligations of Guests and Visitors

2     Bookings

3     Deposits and payment

4     Security Bond and Extra Charges

5     Cancellations by Guest and Unused Services

6     Booking Amendments

7     Arrivals and Departures

8     Keys

9     Security and Personal Liability

10   Maximum Number of Guests

12   Functions and Parties

13   Guest Booking and Occupation of Property, Age Limitations and School Leavers

14   Pets

15   Parking

16   Access to Property by the Owner

17   Rubbish and Fish Cleaning

18   Pool safety and equipment

19   Consequences of failure to comply with the Terms and Conditions

 
Definitions

“Guest” and “Guests” – means the person or persons who have paid to stay in the Property overnight for the period of the accommodation booking and includes the person who has made the booking.
“Property” – means the dwelling in which Guests stay overnight and includes all fixtures and fittings, furniture, equipment and household items.

“Owner” – means the legal owner of the Property.

1. General Obligations of Guests and Visitors

Guests and visitors must:

 

a) Comply with all House Rules and Local Government By-Laws.
b) Maintain the Property in a clean and hygienic state during the stay.
c) Not partake in any illegal activities during their stay.
d) Not smoke inside the Property during their stay.
e) Respect the residential amenity and security of the Property and neighbours.
f) Refrain from anti-social behaviour and abide by noise curfews.
g) Guests must control and be responsible for visitors and ensure that visitors comply with the House Rules.
h) Comply with any instructions from the Owner and authorities during their stay.

i) Notify the Owner immediately of any damage, breakages, theft and/or potential risk or liability discovered during the stay; and

j) Notify the Owner of any disputes or complaints as soon as is practical.

 

2. Bookings

For security reasons, the Owner requires that the person responsible for booking the Property provides a copy of their valid Australian Driver's License or International Passport, a signed Guest Agreement and a list of full names of all guests who will be staying at the Property.

 

3. Deposits and payments

Payments for accommodation are to be made as follows:


a) A non-refundable deposit of 1/3 of the total tariff is required to secure the booking and dates requested.

b) The balance of the tariff, plus a $500 bond (*see below) and a $120 cleaning fee must be paid in full at least 14 days prior to arrival.

c) Bookings made less than 14 days from arrival, are to be paid in full at the time of booking and prior to occupation of the Property. No occupation of the Property will be accepted without full payment being received.

d) Payments may be made via direct debit. Bank details will be supplied upon booking. We suggest emailing a copy or photo of the transfer receipt as proof of payment.

 

4. Security Bond and Extra Charges

Guests are required to pay a security bond of $500, which is held by the Owner during the stay. The security bond is required prior to arrival and will be refunded within 10 days after the Property has been inspected by our local representative.

 

The Owner reserves the right to deduct any costs incurred from the security bond and claim extra charges for expenses such as, but not limited to:

 

a) Damage to the Property, furniture, fixtures, and fittings
b) Loss or damage to household items (eg. linen, appliances)
c) Disturbance to neighbours
d) Excessive cleaning costs (please see below, 7. Arrivals and Departures) e) Excessive rubbish removal
f) Lost keys

 

5. Cancellations by Guest and Unused Services

All cancellations are to be received in writing, either by mail, fax or email.


Where written notification of a cancellation is received more than 14 days in advance of arrival, the Owner may, at their discretion, allow the Guest to transfer the booking to another date, less an administration fee of $150. If the Guest does not transfer the booking to another date, then the Guest will forfeit all payments made unless the Property can be rebooked in which case all payments will be refunded less a cancellation fee of $150.

 

Where written notification of a cancellation is received less than 14 days prior to the scheduled arrival, the Guest is liable for payment of the full rental whether or not occupation of the Property occurs. The deposit and final payment are non-refundable and non-transferable to another Property.

 

Cancellations outside the control of the Guest such as illness, weather or any other event will be considered by the Owner on a case by case basis in light of potential loss to the Owner. Guests are strongly advised to take out comprehensive holiday and travel insurance to cater for any unforeseen circumstances.

 

No refunds will be made for early departures or refusal to stay at a booked Property. If the Guest chooses to shorten their stay, then a refund, credit or transfer is not available for any unused portion of the booking.

 

6. Booking Amendments

Guest requests for changes to bookings are to be made in writing either by mail, fax or email. Requests for amendments will be assessed on a case by case basis and are subject to availability. The Guest will be charged a administration fee of $150 for any changes made.

 

7. Arrivals and Departures

Check-in is 3:00pm and Check-out is 10:00am.

 

Early check-ins and/or late check-outs are available only by prior arrangement with the Owner at least 7 days prior to arrival. Approval of requests for early check-ins or late check-outs is at the discretion of the Owner.

 

On departure it is expected that the property be left in a similar state to its condition on arrival save for normal cleaning. Please ensure the fridge is clean, dishes are washed and put away, floors are swept and furniture is returned to its original location. Failure to complete these tasks may result in additional cleaning charges which will be passed on to the Guest in the form of a security bond claim.

 

8. Keys

Guests will be provided with one set of keys to the property which will be left at a location to be advised by the Owner prior to the scheduled arrival.

 

Guests are requested to leave the keys in the location they were found on departure. If Guests lock keys in the property accidentally then they are to contact the office for assistance.

 

Please do not try to break into the property as any damage caused may be deducted from the security bond.

 

Lost keys will be replaced at the expense of the Guest. Under no circumstances are Guests to have extra keys made for the property. If this occurs, then the Guest may be liable for the cost of changing all locks at the property and new keys made.

 

9. Security and Personal Liability

The Property is under 24 hour external video surveillance. These cameras are placed for security, public liability and insurance purposes and are not to be tampered with or obstructed at any time.

 

Point Turton is a safe place but we encourage you not to be complacent. Keep the property locked while you are not home and report any suspicious activity immediately to the police or the Owner. Please also ensure you do not leave valuables in vehicles or boats as this is the most common type of theft for e.g. fishing equipment, marine electronics.

 

Guests are responsible for the security of the Property and their own personal items during the course of their stay. Guests must ensure the Property remains locked and secured when they are absent. Guests are liable for the theft or damage of any items belonging to the Property during the period of their stay.

 

If the theft or damage was caused by an unrelated third party then the onus is on the Guest to prove that they made all precautions to ensure the Property was appropriately secured. Guests are wholly and solely responsible for the security of their own possessions.


The Owner will not be held responsible for the theft, loss or damage of any personal property belonging to the Guest. It is strongly recommended that Guests arrange travel insurance to cover theft, loss or damage of personal items.

 

10. Maximum Number of Guests

The maximum number of overnight guests (adults and children) allowed at the Property, is 8. It is a requirement of the Guest to ensure these limits are obeyed.

 

The onus is on the Guest to ensure that Guests do not exceed the maximum number and all Guests are accommodated in habitable rooms. Under no circumstances are Guests to stay in tents, swags, caravans, camper vans or any other form accommodation at the Property. In the case of visitors, the Owner should be properly notified prior to the booking.

 

Whilst visitors are permitted, they are not to stay overnight and the number of visitors must be managed to ensure there is no burden on the Property or neighbouring properties.

 

If Guests breach the maximum number of Guests allowed at the Property, accommodate Guests in non- habitable areas or allow an excessive number of visitors to the Property, then they will be directed to leave the Property and there will be no refund for any unused portion of the booking.

 

11. Noise and Residential Amenity

The Property is located in a residential area with established neighbours wishing to enjoy their daily lives. Whilst the neighbours and surrounding home owners are generally accommodating and welcoming of guests, excessive noise is not tolerated at any time and there are strict noise restrictions between the hours of 10:00pm and 8:00am.

 

Noise restrictions include but are not limited to loud social noise, music, televisions, children, and outboard boat motors. Guests must not create noise which is offensive to neighbours during arrival and departure, at any time throughout their stay, and especially between 10:00pm- 8:00am.

 

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.

 

The Owner enforces a strict “one strike” policy to noise complaints. Offensive noise is prohibited and may result in:
a) Termination of permission to occupy the Property;
b) Loss of rental paid;

c) Extra charges for any expenses incurred as a result of offensive noise; and d) Deduction from the security bond.

 

12. Functions and Parties

Functions and parties are STRICTLY PROHIBITED. Any gathering, celebration or entertainment permitted at the Property must not conflict with residential amenity and must comply with all House Rules. In particular, properties are not to be used for:

a) Wedding ceremonies or receptions;
b) Large hosted events with numerous visitors; or c) Commercially catered functions

 

13. Guest Booking and Occupation of Property, Age Limitations and School Leavers

The Guest making the booking must be an adult and occupy the Property for the entire period of the booking. The Guest must notify the Owner if making the booking on behalf of another party. At all times during the stay children and Guests under the age of 18 are to be supervised by a mature adult.

Groups of school leavers or groups under 21 years of age are not allowed to occupy the Property. If any groups of school leavers or groups under 21 years of age are found to be occupying the Property, then they will be asked to leave the Property immediately and no refund will be given for any unused portion of their booking.

 

14. Pets

Pets are not permitted at the Property, unless prior arranged and agreed in writing with the Property Owner. Guests are responsible for the pet and its safety at all times, and an additional pet bond of $500 applies.

 

15. Parking

Guests and visitors must comply with parking regulations and show consideration for neighbours. The Property allows for approximately 8 parking spaces for vehicles and/or trailers.

Guests are not to park vehicles or trailers on lawns or gardens and any damage to lawns, gardens or reticulation systems will be deducted from the security bond.

 

16. Access to Property by the Owner

Whilst best endeavours will be made to ensure the Guest enjoyment of the property is not affected, the Owner reserves the right to access the property at any time during the Guests’ stay if necessary. This includes the appointment of tradesman or other maintenance workers required to conduct any maintenance at the Property or access to the Property for any other reason.

 

17. Rubbish and Fish Cleaning

All fish cleaning is to be conducted within the fish cleaning room and sink provided on the western side of the Property only.

 

a) Guests must dispose of rubbish in accordance with the usual practice at the property in the allocated bins.
b) Guests are required to ensure that bins are placed on the kerb upon completion of their stay.
c) Guests are responsible for removing any excess rubbish which does not fit in the allocated bins or is too large for general collection.

d) Absolutely no fish or food scraps are to be disposed on the beach or in the ocean. e) No food or bait is to be left in fridges or freezes on departure.

 

18. Pool safety and equipment

To the extent permitted by law, the Property and Owner of Yorke 272 shall not be liable for any direct, indirect or consequential injury, loss or damage.

 

Guests use pool facilities at their own risk and must ensure adequate adult supervision is provided at all times to children. The pool has a safety fence and guests must ensure the safety fences remain operational at all times and gates are not prevented from closing and climbing objects are not left near fences.

 

No diving, throwing or pushing people into the pool. Absolutely no glass bottles or glasses are to be taken into pools areas.

Guests are not permitted to interfere with automated pool cleaning equipment or filtration devices. The automated pool cover is not a safety barrier and is not to be walked on. Please ensure there is no guests in the pool at the time of closing/operating the automated pool cover.

 

Guests are obliged to report immediately to The Owner any accidents, damage or concerns regarding the pool or associated pool safety and cleaning equipment.

 

Children and the Pool

Children under 10 years are not allowed entry to pool enclosure unless under active adult supervision at all times.

 

For 0-5 year olds, a responsible parent or adult guardian must be in the water, and within arms reach of the child, at all times.

 

For 6-10 year olds, a responsible parent or adult guardian should be close enough to make eye contact with the child and be under constant watch.

 

19. Consequences of failure to comply with the Terms and Conditions

The consequences of not complying with the Terms and Conditions can include enforcement action by the Owner, security services, local authorities, or the Police.

 

Enforcement action is subject to 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 the security bond and extra charges.

 

It is therefore important for all Guests to be aware of their obligations and to make any visitors to the Property aware of these requirements in order to maintain the amenity of the Property and its neighbourhood.