Illawarra Holiday Accommodation & Short Stays - Terms and Conditions
Version 5.3 - August 2024
Illawarra Holiday Accommodation & Short Stays hereinafter referred to as (“IHA&SS”)
Please read carefully as a breach of any of the conditions below will permit the owner/agent to refuse a key or change digital code, amend the rental agreement or immediately terminate the tenancy. Guests are agreeing to these Terms and Conditions when booking is confirmed and payment is made, regardless of the booking platform used to complete the booking. Any breach of these Holiday Letting Terms & Conditions as agreed by both parties, permits the owner or IHA&SS to refuse entry, amend the rent or immediately terminate the letting.
IHA&SS along with owner reserve the right to refuse booking made either manually or on booking sites if they feel guest may breach the Terms & Conditions set or Holiday Management or owner are not comfortable with allowing booking to proceed.
LICENCE NOT A TENANCY – When booking with IHA&SS please note it is not a Residential Agreement under Residential Tenancy Legislations. By booking any IHA&SS properties, you are agreeing to a Legally Binding Agreement made and entered into as of the reservation date and between the person or persons or company (the Guest) and the owner/management agency (Rental Agreement).
The property is provided in a “as is” condition and guests acknowledge and agree to the Host’s rules including Health & Safety Rules & Guidelines including acknowledging that the use of amenities including but not limited to pools, fireplaces, heaters, decks/patios and similar structures that may be potentially dangerous and involve potential risks, that if improperly used in particular regarding children, is totally at the guests’ risk. Failure to comply with any of the guest’s fundamental obligations along with the Terms & Conditions and House Rules of the property may result in immediate termination and/or eviction. T&C’s apply for this property and payment warrants your agreement and that of all other guests staying at the property with you. No refunds will be paid on terminated tenancies.
BOOKINGS are accepted by us, as agents, in good faith. Descriptions of holiday accommodation properties by the agent, online booking platforms, over the telephone or on the internet are also given in good faith. The agent will not take responsibility for errors, omissions or misconceptions in descriptions on holiday accommodation. We cannot be held responsible for actions taken by the owner of the premises outside our control, i.e., owner requests cancellation of booking, sale of property and alterations to the property. Should the property be withdrawn from letting, every effort shall be made to secure alternative accommodation. Unless specifically advertised as ‘Brand New’, rentals are not brand new and general wear and tear of all items at the property is to be expected.
BOOKING FEE – A non-refundable standard booking fee $120 (gst incl) will be charged for every booking made through IHA&SS as manual booking or through booking platforms. $150 will be charged for longer term bookings over 4 weeks on manual bookings.
BOOKINGS & DEPOSIT - IHA&SS - To secure your booking, a deposit is required at the time of booking being 50% of the booking amount or otherwise pre-arranged with IHA&SS Management. The balance of rent/booking fee is due at least 21 days prior to arrival or as per instalment schedule. If booking through IHA&SS as a manual booking, then proof of receipt of payment is required.
PAYMENT & CC SURCHARGE – A surcharge of 25 cents is applicable on all credit card transactions (MasterCard or Visa only). Payments by direct deposit are acceptable with proof of deposit transfer. **If paying manually via bank transfer (and arrival date is under 48 hours before arrival), Credit Card Details will be required and a Credit Card Activation Assurance Charge of $1.25 will be made to your card. All manual bookings will require proof of ID and a form for this purpose will be sent to guests.
SECURITY BOND - Manual booking through IHA&SS – Security assurance of $1,000 to $1500 (depending on property) will be acquired depending on property. As of January 2021, we will not request guests pay the $1000/$1500 upfront, but we will require credit card details to be kept on file until guest vacates and property has been deemed left in good condition with no claim to be made from breakages/damages/cleaning or items needing replacement. Credit Card will NOT be charged unless there is a claim on vacate.
DAMAGES & FAULTS – You must notify the agent of any pre-existing damage to the property as soon as possible and within 24 hours after check in. If not reported during this timeframe, the guest may be held responsible for any damages. You are requested to supply photos and email or call/text Illawarra Holiday Accommodation to report the issue. If maintenance is reported by the guest, you may be asked to participate in basic trouble shooting prior to tradespeople attending the premises.
MAINTENANCE – In the event of faults and malfunctions of appliances, fixture or inclusions, there is no obligation from the owner or agent to compensation or discount to the guest. In such circumstances, the agent will undertake best endeavours to repair or replace the item (subject to availability). It is the guest’s responsibilities to report faults or malfunctions to the agent immediately should this occur throughout the stay.
SMOKING – For the comfort of all our guests smoking is prohibited in all properties. If smoking within the property is evident upon departure, a fee of $250 will be charged.
CANCELLATION OF BOOKINGS – manual bookings through IHA&SS
All bookings made through IHA&SS must be cancelled in writing/email.
- Guests who cancel at least 30 days before check-in will get back 100% of the amount that they have paid.
- Guest who cancels between 14 and 30 days before check-in will receive back 50% of paid amount, otherwise they will not be entitled to any refund amount.
CANCELLATION POLICY – (peak season – 1st Dec-31st Jan & Easter Long Weekend & Easter Holidays)
- Guests who cancel at least 30 days before check-in will get back 100% of the amount that they have paid.
- If cancelled between 30 & 21 days before check-in, they will get back 50%. After 21 days before check-in, NO refund will be given.
NO PARTY/EVENT POLICY – properties are let to you for holiday purposes only for the period stated on your booking confirmation. Your accommodation will be cancelled and no refund given if you are booking the letting property for a PARTY, EVENT or GATHERING of non-booked guests. IHA&SS reserves the right to enter/inspect the premises during your stay with reasonable notice and at ANY TIME without notice if there is belief that there has been a breach of these Terms & Conditions. Police will be called should guests not adhere to and continue to disregard outlined Policy. Up to $1,500.00 may be charged should you break this rule.
ARRIVAL & DEPARTURE TIMES – Occupation to commence from 2pm or 3pm (EST) (depending on property) on the date of arrival. NO EARLY ARRIVAL during peak times unless pre-arranged/approved with management.
The premises must be vacated by 10.00AM (EST) on the day of departure.
Non-approved late checkout - penalty will be charged at $50 per 15 minutes (or part thereof). Christmas arrival times may vary due to high volume of guests. Check in time is a guide only, if your check in time is delayed for whatever reason, no compensation will be made under any circumstances, but every effort will be made to have your accommodation clean and ready for your arrival at correct time.
AFTER HOURS ARRIVALS – If you plan to arrive after hours, please be respectful of neigbours with noise. IHA&SS is NOT responsible for alternative accommodation or any other costs if guest arrives after hours (8pm-7:30am) and there may be the occurrence of not being able to access the property.
LOST KEYS - LOCKED OUT/CALL OUTS – A call out cash fee of up to $150.00 may be charged in the event the agent is called out after office hours due to misplaced keys/lock out. If the keys or remote are lost, you will incur the cost of replacements plus call out fee.
If there is a lockbox at the property, please always use it to secure keys when you leave the property, including when you check out. If a tradesman needs to attend to any requested or agreed maintenance during your stay, this will ensure they can access the property. Please ensure you lock the digital door lock on vacate.
RELOCATION – Guests must accept premises “as booked” and cannot be relocated other than on the basis that the full rental amount or monies paid be forfeited and full rental on the new premises is paid to occupancy. We are careful not to misrepresent any rental property.
LINEN – (sheets, towels, tea towels, etc.) are included unless stated in the property description advertised. Any damages to linen/towels will incur an additional charge for replacement of item. IHA&SS WILL NOT be responsible for the cost of replacement items, this is at guests’ responsibility.
ALL HOLIDAY PROPERTIES – under IHA&SS Management are privately owned and are rented on a fully self-contained basis. There is no obligation from the owner or IHA&SS to compensate or discount in the event of faults and/or malfunctions of appliances or inclusions. IHA&SS will accept no responsibility for any inconvenience caused by machinery breakdown. The agent’s best endeavours to repair, replace or hire an alternative will be undertaken. Please call the contact or emergency number in your compendium. No refund is given if you are not satisfied with your accommodation.
NUMBER OF OCCUPANTS – must not exceed the number of beds in the property booked. Overloading will render the guest liable for cancellation of the booking immediately. Extra guests, if agreed prior to arrival will incur additional guest fee of $30 per guest per night. Breaking of these rules will render agreement void and you will be charged a cost of $100 per person additional guest and asked to leave premises.
CONDUCT – Payment for the booking warrants you and all guests staying will abide by the Code of Conduct for Short Term Rental Accommodation which can be found as an attached on your booking confirmation email. NSW Planning has passed laws that affect guests. The Code of Conduct for holiday renting can be found on the Fair-Trading website. In Section 2.5.2 of the STRA Code of Conduct, guests have an obligation to ensure the peace and comfort of neighbours and other occupants of the premises (including Strata managed) near holiday rental properties. This means guests must be very mindful of noise made in or outside the property that can disrupt neighbours at any time of the day.
PERSONAL PROPERTY/ RISK OF LOSS AND INDEMNIFICATION - If items are left at the property, it is the guest’s responsibility to notify IHA&SS within 24 hours’ of check out. If during this time the cleaners have reported the item/s then it/they may be returned to guest via post at guest expense. Guest agrees that all personal property, furnishings, personal affects, and other items brought into the property by guest, or their permitted guests and visitors shall be at the sole risk of guest with regard to any theft, damage, destruction or other loss and IHA&SS as Rental Agent shall not be responsible or liable for any reason whatsoever. Guest hereby covenants and agrees to indemnify and hold harmless Rental Management and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, legal fees incurred by guest, permitted guests, visitors or agents, representatives or successors of guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by guest or family and visitors of guest in or about the property and guest expressly agrees to save and hold Rental Agent/Management harmless in all such cases.
SECURITY – For security reasons, please close all windows and lock all doors when leaving the property at any time. Guests use and occupy the premises at their own risk. IHA&SS/owners are not liable for any injuries or loss being personal or property suffered by any person where injury, damage or loss has been contributed to or caused by any act or negligent/irresponsible/unsafe actions by guest.
BUILDING/RENOVATION – No responsibility is taken by IHA&SS or the owners for any noise disturbance due to building, renovations and construction work being carried out in the surrounding area.
NATURAL DISASTERS – in the event that a natural disaster/act of God occurs where the property cannot be entered and/or guests cannot make the booking upon/prior to arrival, then a 50% refund of the booking amount only will be refunded back or as agreed by owner and management.
WI-FI & TV – Wi-fi is offered as a complimentary extra. As there is no charge, issues will be dealt with asap but cannot be guaranteed. The operation of any Wi-Fi, TV, Netflix, STAN , Disney, Prime, Austar/Foxtel or any other streaming site connection during your stay is not guaranteed and may be disrupted or unavailable.
IHA&SS and/or owners will not be held liable for availability or disruption in any connections.
NO PETS – No pets allowed at the holiday premises at any time, unless agreed and organised with the agent. Pets are only permitted at pet-friendly properties and only if pre-arranged with and approved by IHA&SS. Pet-friendly terms and conditions must be agreed to and any damages caused will be deducted from security assurance. This permission is provided on a case-only basis.
SCHOOLIES - To ensure the comfort of our guests and the neighbours, we do not accept bookings for "Schoolies" breaks/under 21yrs groups and under no circumstances do we allow weddings or parties of any sort.
FURNITURE – Is not to be moved around. Items are not to be moved from room to room, outside or changed from their original position. A fee WILL BE CHARGED by cleaner and fee by IHA&SS WILL BE CHARGED ($50-$400) for non-compliance of T&C’s should this happen and should any damage be noted, further fee/claim WILL BE CHARGED.
CLEANING – Every effort is made to ensure your booked holiday premises is clean and tidy for your arrival. Please co-operate with us and leave the premises clean and tidy. This includes removing rubbish and putting in outside colour appropriate colour bins, washing and drying of dishes, emptying and cleaning of the refrigerator/freezer, oven/griller & microwave, cleaning of the BBQ, leaving linen and towels in a pile or in bathroom, turning off the lights & cooling/heating appliances. If the property is not left reasonably clean, you will be charged an additional cleaning fee. Additional cleaning fee WILL be charged should the property be left unacceptable.
RUBBISH – all rubbish to be removed from the holiday premises and disposed of properly. IHA&SS requests guests put all rubbish in the appropriate bins provided outside no later than the night before collection (this is indicated on calendar in property). Please ensure the rubbish is removed and disposed of correctly on vacate. Any excessive rubbish left upon check out, arrangements will be made to empty bin(s) and costing will be charged to the guest.
DAMAGES & FAULTS – You must notify the agent of any pre-existing damage to the property as soon as possible and within 24 hours after check in. If not reported during this timeframe, the guest may be held responsible for any damages. You may be required to produce photos and email or call/text Management 0413 811 398. If maintenance is reported by the guest, you may be asked to participate in basic trouble shooting prior to tradespeople attending the premises.
TRAVEL INSURANCE – IHA&SS will accept NO liability in the event of cancellation due to weather conditions (e.g., excessive rain/flooding/fire in local vicinity). We strongly recommend that you purchase Travel Insurance to cover unforeseen circumstances and include cover for involuntary cancellation of your accommodation.
CLAIMS - IHA&SS reserves the right to make claim for reasonable costs for damage of the property and/or its furnishings during your stay when going through booking platforms such as VRBO or Airbnb. If your booking was a manual through IHA&SS, your Credit Card ($1000-$1500 security) will have damage/replacement costs charged as per set out in Terms & Conditions. Examples below of costing should claim be made:
- After-hours key lock out (at a cost to guest of up to $200)
- Additional cleaning fee for premises left dirty or deemed unacceptable and charged by cleaners.
- Replacement of lost keys, remote controls (at a cost to guest of up to $200)
- Removal of excess garbage, boxes, bottles etc. (at a cost claimed against guest)
- Damages/breakages to the above property (at a cost to guest up to $1000 - $1500 as per security)
- $50.00 cleaning fee charged by cleaner for unclean BBQ
- Any other incidental charges that may be incurred as per IHA&SS Terms & Condition’s which will be deemed to form a part of this agreement.
- Late checkout fee will be charged if not prior arranged with IHA&SS.
WAIVER/RELEASE - Guest hereby waives and releases any claims against IHA&SS as Holiday Rental Agent, the property owner, and their successors, assigns, employees or representatives officially or otherwise, for any injuries or death that may be sustained by guest on or near or adjacent to the property, including any common facilities, activities, or amenities. Guest agrees to use any such facilities or amenities entirely at the guest’s own initiative, risk and responsibility.
Acceptance of the above Terms and Conditions
Once deposit/payment made for any IHA&SS properties through booking sites, website or manually booked, it will be taken that you have accepted and agree to the Terms and Conditions set out above.
All of IHA&SS properties are compliant with STRA Regulations (Short Term Rental Accommodation).
Should you not adhere to the Terms & Conditions, all applicable fees/charges and costs will be payable.