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Byron Bay Accom/Byron Coastal Real Estate Holiday Accommodation
Terms and Conditions

We look forward to welcoming you to beautiful Byron Bay. Below is some legal stuff, so we are clear on the deal.

Click for Short-term Rental Accommodation Industry Code of Conduct                                                                    Click for Schoolies Booking Conditions
 
 

Bookings and Payments
1. All short term holiday accommodation bookings with [Byron Bay Accom.net/Byron Coastal Real Estate] are subject to these terms and conditions, which include any other terms and conditions stipulated on our websites, in your booking confirmation or otherwise in writing prior to check-in.
2. A booking, including an online booking, is not complete unless accepted by us via a Booking Confirmation email or otherwise in writing.
3. All bookings are subject to a non-refundable booking fee of 3%, payable in accordance with clauses [4 and 5] below, as applicable at the time of the booking.
4. Full payment of the tariff and all other fees and charges (together, the “Accommodation Charge”) is required within 24hrs at the time of booking for all bookings made within 60 days of the check-in date and for Special Event Periods.
5. If the check-in date is outside a Special Event period and more than 60 days from the booking date then:
a. 50% of the tariff payment Accommodation Charge is required within 24hrs at the time of booking plus the full booking fee; and
b. the balance is due 60 days before the check-in date.
6. Special Event Periods shall be stipulated from time to time on our website and include Summer and Easter school holidays, Splendour in the Grass and Schoolies periods.
7. You warrant and represent that all information provided by you in making your booking is true and correct.
8. On completion of your booking, you will receive a booking confirmation email containing the details of your booking and itinerary. It is essential that you check the accuracy of your booking confirmation and contact staff within 24hrs to amend any incorrect details. Any changes to bookings after this time will be subject to clause [14] below.
9. CHECK IN AND CHECK OUTS SCHEDULED ON CHRISTMAS DAY, BOXING DAY AND NEW YEARS DAY ARE NOT AVAILABLE. If your booking covers both Christmas Day and New Year’s Eve then the booking must be at least 12 days in length. First week of January can only check in from 3rd January. 

Security Bond
10. Unless otherwise indicated a credit card security bond between $500 - $2000 is required depending on the property. The bond must be preauthorised/paid prior to the check-in date. Where credit card details are provided, they may be stored securely and processed in accordance with these terms and conditions and any applicable laws and regulations (including the Australian Consumer Law).  Schoolies bonds are $2000 for managed properties and $2500 for other agent bookings.
11. You acknowledge that you will not be permitted entry to the property during any period that the security bond remains unprocessed.
12. You agree that the security bond may be used by us without reference to you in order to meet any fees or costs associated with:
a. making good the property as a result of your use, misuse or neglect; or
b. any other breach of these terms and conditions Rules (including but not limited to costs incurred for supplementary cleaning, call outs and/or security services) (collectively, “damages”).
13. Preauthorised bonds will be released under the terms of the merchant. Where a bond is actually paid we will endeavour to refund within 7 working days of departure, provided no claims for damages have been made. Should a claim for damages be made, we shall retain so much of the bond as we, in our absolute discretion, consider is sufficient to rectify the damages. We will return any balance to you as soon as practicable.

Arrival and Departure
14. Check-in time is strictly 3:00 pm unless otherwise specified in your booking confirmation.
15. Check-out time is strictly 10:00 am unless otherwise specified in your booking confirmation.
16. Late check-outs are not permitted save by prior agreement in writing. Additional fees and charges may apply to late check-outs.
17. Information about the collection and return of keys is specified in your booking confirmation.
18. If the property or its contents is damaged at the time of your check-in you must notify us immediately.
19. At the completion of your stay, the property must be left in the condition it was in at check-in, including but not limited to:
a. Washing and returning all kitchen utensils, crockery, glasses and cookware to their original location;
b. Returning all furniture to its original location;
c. Cleaning the BBQ, if any;
d. Removing all rubbish and placing it in the external bins provided; and
e. Locking all windows and doors.

Nature of booking
20. You acknowledge that, subject to these terms and conditions, a valid and fully paid booking:
a. grants a limited licence to occupy the property for short term holiday accommodation during the agreed booking term for the guests specified in the booking; and
b. does not constitute a residential tenancy.
21. You acknowledge that, to the extent permitted by law, any description of the property:
a. is indicative only;
b. is not a warranty in respect to the location, aspect, size, nature, quality, finish or condition of the property or any contents;
c. if inaccurate, does not give you a right to cancel or change your booking unless such description is materially misleading.
22. If your booking becomes unavailable for any reason outside our direct control we will:
a. endeavour to arrange replacement accommodation; or (if unavailable only)
b. refund the payments you have made (which will be the limit of our liability to you); and
c. not be responsible for any other losses, costs, damages or expenses however described.
23. Noise or disruption from maintenance, construction or public works on nearby property is not grounds for cancellation of your booking or compensation. Where we become aware of such works prior to confirmation of your booking, we will endeavour to inform you.
24. You acknowledge that it is a condition of your booking that you hold appropriate holiday insurances in respect your booking and holiday.

Use of the property
25. You will be required to nominate the number and age of guests staying at the property when booking, which must be no more than the maximum stipulated for the property or each bedroom on our website and that the majority of guests are over 21. You are responsible to ensure all guests comply with these terms and conditions. The property is to be used for holiday accommodation only. The use of a property for business or commercial use, special interest groups, including schoolies, weddings, functions, pets, parties of more than [5] guests or any other like gathering are strictly prohibited unless with our prior written agreement. Should it come to our attention that a booking has been made or a property is being used in breach of this clause, without limiting any other provision in these terms and conditions, we reserve the right to cancel the booking at any time, refuse key collection upon arrival and/or immediately evict the occupants without refund.
26. You must not damage the property, contents or any associated common property, or cause excessive noise or a nuisance at or around the property. The Holiday Letting Organisation operates a noisy neighbour hotline which responds to noise complaints by neighbours, residents, and other holiday makers. If a complaint of excessive noise or anti-social behaviour is received, security will be dispatched to investigate and may result in a $200 call-out charge. A report will be sent to our office with information as to whether a fee has been charged. This fee will be taken from the security bond and is non-negotiable. If a second security call-out with fee payable is received at any time during a guest’s stay, all guests at the premises will be evicted from the premises by security without refund of rent or bond.

Services – cleaning, linen, internet etc.
27. Our properties are not serviced during your stay unless otherwise stipulated in the property description on our website or arranged by prior agreement.
28. Our properties are provided with bed, bathroom and kitchen linen for the number of guests stipulated at the time of booking. Linen hire fees are included in the Accommodation Payment. Extra linen may be arranged within 7 days of arrival at your cost, subject to availability. Our properties are cleaned prior to and following your stay. Applicable cleaning charges are included in your Accommodation Payment. Additional cleaning may be arranged within 7 days of arrival at your cost, subject to availability.
29. We will endeavour to have repairs to substantially damaged or malfunctioning fixtures, fittings and appliances (“Malfunctions”) attended to as soon as possible after being reported. If repairs to appliances cannot be attended to, we will endeavour to supply a substitute appliance. Malfunctions shall not be grounds for cancellation of bookings or compensation.
30. Internet services are not provided unless stipulated in the property description. Where provided they are for the purpose of email, perusing social media, and web browsing only, and not for video streaming or downloading e.g. movies/shows. Usage is not unlimited and excess usage may be charged and deducted from your bond
31. During your stay, our staff or tradespeople may enter the property to carry out an inspection or to complete repairs or maintenance. We will endeavour to minimise any inconvenience and give your prior notice where possible.
32. You indemnify us and the owner of the property in respect of any and all claims, actions, suits, demands, costs, damages and expenses arising in connection with your stay at the property.
33. You release us and the owner of the property in respect of any and all claims, actions, suits, demands, costs, damages and expenses arising in connection with your stay at the property except to the extent of any negligence on the part of the released party.

Booking Changes
34. We will endeavour to accommodate requests for changes to your booking. However, any changes to your booking later than 24hrs from booking confirmation will constitute a cancellation of the original booking and additional booking fees and accommodation charges may apply.
35. Bookings are not transferable. and changing dates of stay constitutes a cancellation. We reserve the right to cancel any online or booking that isn’t in accordance with the booking terms for the property or due to owner/operator error and refund any tariff paid where applicable. 

Cancellations

36. If you decide to cancel your booking you must notify us by email. If we receive your notice of cancellation more than 60 days before the check-in date, we will refund your tariff less a $100 cancellation fee and any non-refundable booking fees or charges. In all other circumstances no refund will be given for a cancellation. Please note school leavers bookings are non-refundable.

Privacy
37. We respect your privacy and will only disclose your personal information:
a. to our staff and external service providers to the extent necessary to manage your booking and your stay and to keep you informed of our services; and
b. to other parties if you provide your consent.

Schoolies Booking Conditions

Regular BBA Booking Conditions apply to BBA managed properties. In addition these conditions apply.

At BBA we are pleased to provide an environment for our youth to celebrate their end of school time. Clear guidelines are needed to make things run smoothly. We would like your holiday in Byron Bay to be an enjoyable experience for you and everyone else concerned. Please read these conditions carefully.

By proceeding to make a booking you acknowledge that all members of your group have read and accepted the schoolies terms and conditions and will abide by them and one nominated group leader will be responsible for the reservation. With bookings made through us with other agents the Terms and Conditions may vary.

PAYMENTS AND CANCELLATIONS

  • 50% Deposit is to be paid at the time of the booking + 3% non-refundable booking fee.
  • Your Deposit is NON-REFUNDABLE UNDER ALL CIRCUMSTANCES.   We strongly advise that you take out travel insurance in the event that you have to cancel your booking.
  • The dollar value of a booking can not be reduced as this is classed as a cancellation and monies are non refundable.  Any administration changes to your booking will incur a $100 fee.
  • The BALANCE of your accommodation is payable by the 1st October year of arrival.  SECURITY BOND is payable 7 days prior to arrival. If these funds are not paid by the due date your booking will be cancelled and NO MONIES will be refunded.  Bonds for managed properties are $2000 or $2500 for bookings with other agents.
  • 2% credit card surcharge applies to bookings passed over to BBA from other agents

CONDITIONS OF THE PROPERTY

  • Number of guests booked is the maximum allowed on the property and will be strictly enforced. 
  • The property is to be fully secured when unattended
  • Upon vacation: all rubbish is to be placed in the bins provided, dishes washed and put away, furniture in original position, excess dirt swept, rubbish removed from gardens, BBQ cleaned. 
  • Strata Title Laws must be observed.
  • VISITORS: No visitors allowed. The SECURITY GUARD has the right to enter the property if necessary.
  • No Parties
  • NOISE: No excess noise from Stereos, TV’s, DVD’s or other electronic equipment, loud voices etc. is to be made at anytime. For the comfort of other guests and neighbours, minimal noise only to be audible outside of the property at any time. Additionally if the police or security are called or your group is warned for noise more than once your bond may be forfeited and you will be evicted.
  • All damages, breakages or losses to the property furniture or furnishings will be paid for by the guest. Loss of keys will attract a $50 fee.
  • Absolutely NO SMOKING inside the property. Charges for cleaning due to smoking in the property will be deducted from your bond.
  • A SECURITY GUARD will be observing your accommodation during your stay. This is not just to keep an eye on noise levels etc but for YOUR SECURITY and we would encourage you to speak to the guard if you feel it necessary.  If the security guard reports to Byron Bay Accom intolerable behaviour from any member of your group, this may result in eviction without refund. 

Breaches of these conditions may result in the forfeiture of your SECURITY BOND, refusal of key and/eviction at the discretion of the management. If you are evicted prior to your departure date the balance of your accommodation is NOT SUBJECT TO REFUND.