HOLIDAY RENTAL AGREEMENT: TERMS & CONDITIONS
Your agreement is with Nest Holidays (“we”, “us” and “our” in these Terms and Conditions) for the property known as the Property. References to “you” or “your” are references to the person making the booking and all members of the holiday party staying at the Property.
These Terms and Conditions form the basis of your agreement with us so please read them carefully. Nothing in these Terms and Conditions affects your normal statutory rights under Australian law.
1. Making your booking
When you book the Property with us, you should return the completed Rental Agreement to us together with your payment for the Initial Deposit to confirm your booking.
If you have been quoted for and have indicated the number of persons staying in your party, please note that any extra persons, including any children, who stay at the Property, will incur an extra fee and charge if they were not included in the original requested quote. If you exceed the maximum number of persons staying at the Property, we reserve the right to retain your Bond Deposit in full and this Agreement may be terminated without refund.
When the completed Rental Agreement and the Initial Deposit have been received and accepted by us, we will issue you with our written confirmation. Any binding agreement between us will only be formed when we send you our written confirmation and it is subject to the Terms and Conditions of this agreement. We reserve the right to refuse any booking prior to the issue of our written confirmation. If we do this we will promptly refund any money you have paid to us. If you breach any of these Terms and Conditions, we reserve the right to cancel your booking and retain the deposit.
You should carefully check the details of our written confirmation and inform us immediately of any errors or omissions.
Your booking is made as a holiday rental tenant for the purpose of a holiday and you acknowledge that no liability can be accepted for any business or other losses howsoever suffered or incurred by you.
2. Paying for your booking
In addition to your Initial Deposit you are required to send to us your payment for the balance of the Rental at least 30 days prior to the Arrival Date as set out in our written confirmation (or as otherwise indicated in the Holiday Rental Agreement: Booking Details). If you fail to make a due payment to us in full and on time we may treat your booking as cancelled by you.
The Initial Deposit is to secure your booking and is refundable at our discretion. If we are able to rebook the Property for some or all of the period of your booking, it is at our discretion to refund all or any part of your Initial Deposit, but we are, in any event, not obliged to if we are unable to re-book the Property.
If your booking is between December 15 and January 15 your final payment balance is due at least 90 days prior to your booking.
All payments of the amounts due must be net of any bank or other transaction charges.
3. If you cancel or amend your booking
If you need to cancel or amend your booking you must telephone us on the number shown on our written confirmation as soon as possible or contact us on the email address we provide to you. A cancellation will not take effect until we receive written confirmation from you.
If you cancel your booking more than 60 days prior to your Arrival Date we will refund your deposit in full.
If you cancel your booking between 60 and 30 days prior to the Arrival Date we will retain 50% of your Initial Deposit and refund the balance of all money paid.
If you cancel your booking less than and including 30 days prior to the Arrival Date, we will retain 100% of the Initial Deposit and refund the Final Rental amount.
If you cancel your booking less than 2 weeks prior to the Arrival Date, we reserve the right to retain the Initial Deposit and the Final Rental amount.
If we are able to secure an identical reservation for the Property for the same rental period we will refund the Final Rental Amount (less any additional costs incurred) but not the initial deposit.
If your arrival date is between December 15 and January 15 notice of cancellation must be given 90 days before your Arrival Date to avoid forfeiting your initial deposit.
Any other arrangement is at the discretion of Nest Holidays.
Note that under genuine circumstances your travel insurance would normally cover any loss from cancellation of your reservation.
4. If we cancel or amend your booking
We would not expect to make any changes to your booking, but sometimes problems occur and we do have to make alterations or, very occasionally cancel bookings due to unforeseen circumstances (e.g. property is sold, fire, damage, etc.).
If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your booking and if our best endeavours to find an alternative reservation at a similar tariff is not accepted by you we will cancel your booking and refund the balance of any money you have paid to us.
5. Your accommodation
You can arrive at your accommodation after the Check in time on the Arrival Date of your holiday and you must leave by the Check out time on the Departure Date unless arranged otherwise with our Manager. If have not arranged a late check out with the Manager and are late leaving, a late fee may be charged and taken out of your Security Deposit according to the timing of your departure. This fee charged is at the discretion of the Manager and is done to ensure the property is ready and available for the next arriving guest.
If your arrival will be delayed, you must contact the person whose details are given on our booking confirmation as Manager, to ensure that alternative arrangements can be made directly. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the Manager of your anticipated late arrival we may treat the booking as having been cancelled by you.
You also agree to provide a copy of your credit card and passport or drivers license details where requested to the Manager on arrival.
6. Your obligations
Compliance with terms:
You agree to comply with the terms of rental herein and any other terms reasonably made from time to time and notified to you. You are responsible to ensure that all members of your party, as well as any visitors to the Property, observe these terms. You are responsible for all visitors and guests you permit to enter the Property and for any damage they may cause.
The use of this property for a function, a party or other like gathering is STRICTLY PROHIBITED. If you use the property for a function, a party, or other like gathering or other than a residential dwelling for residential purposes:
(a) your reservation of the Property will be terminated;
(b) the guest(s) and other occupants of the Property will be removed from it;
(c) the guest(s) agrees to pay an additional tariff of $4,400 (incl. GST)
Condition of property:
You agree to keep and leave the Property and the furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition.
You also agree to ensure all electrical equipment and white goods are left clean and in good condition. Any issues with any contents in the Property must be notified immediately to the Manager so that we may rectify any damage or any breakage.
You agree not to cause any damage to the walls, doors, carpets or windows of the Property, nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
Where the above indicates that it is non-smoking and pet free, you are asked to abide by these requirements strictly. Otherwise we may require additional payment for any cleaning of furniture, walls, carpets etc in order to extinguish any damage caused by either the smokers or pets.
Any lost or damaged keys, key cards, remote controls or other items incur fees as listed above and other smaller damaged items unlisted are at the discretion of the Manager.
General:You are not permitted to allow more people to stay in the Property than expressly authorized, nor can you significantly change the makeup of the party during your stay in the Property. If you do so, we can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the booking by you.
Internet connection:The Property may have a broadband internet connection (wired or wireless). The operation of any internet connection during this reservation is not guaranteed and may be disrupted or not available. The cost of using any internet connection is not included in the Tariff. Neither the Owner of the Property or NPC is responsible for or liable in respect of the availability or any disruption of, any internet connection or its use.
Gym equipment:Use of gymnasium equipment in the Property (if any) by the Guest(s) or occupant(s) of, or visitors to, the Property, occurs solely at the risk of the person using that equipment. Neither the Owner of the Property or Nest holidays is responsible for or liable in respect of, any injury to the person or damage to the Property, resulting from that use.
Body Corporate by-laws:The Guest(s) and all other occupants or visitors of the Property will comply with any Body Corporate by-laws and rules applicable to the Property or which regulate the behaviour of occupants of the Property. The Guest(s) and all other occupants and visitors of the Property will not create or permit any noise or other nuisance to occur within or emanate from the Property. Failure to comply with Body Corporate by-laws or rules or the creation or occurrence of noise or other nuisance in or from the Property, may result in the termination of this reservation of the Property and removal of the Guest(s) and other occupants from the Property.
Personal belongings: The Guest(s) is responsible to ensure that all personal belongings are removed from the Property at the end of this reservation. Nest Holidays will use its best endeavors to locate the items reported by the Guest as left in the Property, when the Property is next vacant. Any items found will be returned COD at the Guest's expense to the Guest at the booking address.
Departure: You agree to leave the Property no later than the specified Check Out time on your departure date. Late departure is subject to prior arrangement and availability and will incur extra charges.
We also ask that you secure the Property and ensure you close and lock all windows and doors before leaving.
Children: Please note that children under the age specified above are not permitted to stay.
If there is nothing specified then this means there is no age restriction. Age restrictions sometimes apply to a Property when it is not equipped nor is it an appropriate or suitable rental for young children due to the number of hazardous objects or because there are no provisions for small children. Should there be an age restriction specified and should you have any visitors with young children, we ask that they be well supervised.
Noise: We would also ask that you consider your neighbours and not have loud music or parties that may disturb others nearby. If complaints are made about ‘excessive’ noise or police enforcement are called or if neighbours are continuously disturbed, we may ask you to leave and treat this as a cancellation and breach of the Terms and Conditions of this Agreement. You will not receive a refund of your Bond deposit and extra charges may be applied for security and other expenses.
Building/Renovation: No Responsibility is taken by Nest Holidays for any noise disturbance due to building, renovations and construction work being carried out in the surrounding area.
Pets: Pets are only permitted if indicated in the Schedule. If they are permitted, they are not allowed on the furniture and Pet owners are responsible for cleaning up after their Pets both inside and outside the Property.
Departure cleaning: Before departure, all food must be removed from refrigerators, rubbish put outside in the bins provided and all crockery and cutlery washed and packed away.
The Property must be left in a clean and tidy condition.
We charge a nominal departure cleaning fee that does not cover our full costs. Should the Property be left in a condition that requires extra attention by our cleaners, including emptying refrigerators, removal of rubbish, washing dishes, emptying dishwasher, or any heavy soiling, we will charge you an additional fee deducted from your Bond Deposit.
Repairs: We trust that you will advise us immediately of any repairs, damage or breakages that may have arisen or where repairs need to be made as soon as possible. You agree to allow us or any representative of ours access at any reasonable time during your stay for the purpose of essential repairs.
Bond deposit: Your Bond Deposit (TBA on confirmation) will be charged to your credit or debit card upon arrival. We will return the Bond Deposit to you within 7 days from the keys being returned, less any deductions in accordance with the Terms and Conditions set out above.
8. Any complaints or problems
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible. It is essential that you contact the Manager if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. If any complaint or issue cannot be resolved during your holiday, you must write to us with full details within 28 days of the end of your stay.
The Guest(s) is responsible and liable to reimburse the Owner of the Property for any damage to the Property, damage to or breakage of chattels or fixtures and fittings in the Property or any other loss suffered by the Owner as a consequence of the use or occupation of the Property during this reservation. Neither Nest Holidays nor the Owner of the Property is liable for any damage to or loss of property of or injury to, a Guest or other occupant, visitor or entrant to the Property. Nest Holidays will use its best endeavours to arrange for the repair or replacement of any part of the Property that fails or malfunctions during this reservation. Neither Nest Holidays nor the Owner of the Property is liable for any such failure or malfunction.
10. Governing law
This Rental Agreement between you and us is governed by the laws of Australia and we both agree that any dispute, matter or other issue which arises between us will be dealt with by the Courts of the State or Territory of Australia as nominated above.