TERMS AND CONDITIONS
LJ Hooker Real Estate Agents Terms & Conditions Effective from 18th May 2021
You are accepting our terms and conditions when you make and confirm this booking. Management reserves the right to cancel any booking made that does not comply with these conditions. Any breaches of these conditions during your stay may result in financial charges and /or immediate eviction acting on behalf of the owner.
Strictly no schoolies and no party policy at any of our properties, you may be asked to leave without any refunds.
WIFI: Some of our properties are advertised with Wi-Fi provided for guests use. Due to circumstances out of our control, we cannot always guarantee that this service will be working correctly. We will endeavour to resolve any issues as quickly as possible, however occasions may arise where these issues may not be rectified during your stay.
NSW CODE OF CONDUCT - DEPARTMENT OF FAIR TRADING
At LJ Hooker our Terms and Conditions are in abidance of the NSW Code of Conduct for the Short-term Rental Accommodation Industry, this is the link for you to view it: https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf
1. a. All bookings require a deposit to secure your booking, (50% of the tariff plus any other fees) of the total booking amount is payable by credit card upon booking OR within 2 days via mail or bank deposit. Only the receipted deposit together with completed Guest Registration Form creates an agreement. Credit cards do attract a fee on top of the cost of your booking.
$200 of this is NON-REFUNDABLE in the event of a cancellation, as well as the $70 booking fee and any portal website fees. The deposit is non-refundable unless the property can be rebooked for your dates, see extra information below.
b. By paying a deposit, the guest is reserving a specific property for specific dates. The dates and the property cannot be changed, doing so would effectively cancel the original reservation and cancellation terms will apply. However, we may be able to transfer your booking to different dates or reduce the stay, at our discretion, if we can secure another guest to re-book the property for the same dates. There are no guarantees that this will be possible.
c. For bookings cancelled within 30 days of arrival and for no shows – the full tariff will be incurred unless the property is successfully rebooked by the agent.
Any refund applicable because the property has been rebooked will most likely be made after the dates of the original booked dates. If the property is rebooked for only part of the original booking dates, then a pro rata refund will be made at the agent’s discretion. Cancellation of the arrangement due to non-payment of the balance by the due date will result in the loss of all monies.
No refunds are provided for late arrivals, early departures, or unused days of your reservation.
Guest are encouraged to take out travel insurance to cover extra-ordinary events.
2. The balance of the booking is to be paid 30 days prior to arrival by cheque, bank deposit or credit card. This is essential and will be deducted from your credit card unless prior arrangements have been made in writing. Our system will generate a reminder to your email address. By not paying in full within the allocated time may result in cancellation of your booking (refer to cancellations section).
- LJ Hooker will securely save credit card details for the purpose of charging the guest if:
(b) A tradesperson attends the property to fix an issue that is deemed to be caused by the guest (invoice cost)
Charging $500 per offence should there be a credible noise complaint by the neighbours and/or the police/security are called to the property.
Charging $1000 per offence if there is evidence of a party or function at the property.
Charging the cost to repair or replace any malicious, deliberate, or negligent damage to the property.
Charging the cost to steam clean carpets, furnishings, linens etc if pets are at a non-pet friendly property, pets have been allowed on furniture or in/on beds, or there is evidence of smoking inside the property.
Charging applicable surcharges if pets are at a property without prior consent.
Charging $50 for BBQ’s not cleaned thoroughly by the guest prior to departure.
Charging the cost to remove excess rubbish and/or if the bins were not put out on the bin night, including departure day and bins not half full for the next booking.
We will only charge the guests’ card in accordance with our terms and conditions and any applicable Australian Laws.
3. Credit Card details are required for all bookings and such details are to be provided either at the booking stage prior to arrival.
a. A Guest Registration Form will be provided at the time of the booking or prior to arrival for the guest to provide credit card details as security on the property. The guest registration form with the guest credit card details shall be shredded after the property has been cleaned and all charges for damages etc as below have been rectified.
b. The Guest accepts full responsibility for any breakages, loss or damage caused to the Premises and/or its contents directly or indirectly caused by the Guest, or by any other occupant or any other person invited on or in the Premises by the Guest during the Tenancy and hereby authorises the Agent to pay for any such breakages, loss, damage and all forms of additional cleaning (including but not limited to rubbish removal) of the Premises by deduction of the applicable amount from the Guest Registration Form.
c. In the event payment by credit card fails for any reason the Guest agrees to pay the balance of the payment within 7 days of being notified in writing of the payment required by the Agent.
d. The responsible renter must be at least 21 years of age, guests under 21 are of course welcome but must be accompanied by a parent or guardian.
CHANGES TO BOOKINGS
4. a. Date changes on existing bookings can be requested and will be at the direction of management. Deposits may be transferred to another booking provided the amendment is made at least 30 days prior to arrival and is subject to availability at the time.
b. The price of the booking is subject to change, if there is a change in price you will be notified and offered the opportunity to pay the increased tariff or receive a full refund.
Substitution of property and price changes
At times, situations arise over which we have no control such as ownership changes, extensive repairs, or maintenance, or if properties are removed from the holiday rental market. We reserve the right to offer guests alternate accommodation of a similar standard, as available, at our discretion. In the unlikely event, we will notify you as soon as possible and make every reasonable effort to ensure you are satisfied. We cannot guarantee accommodation and, should an alternative not be found by our team, you will be refunded in full, and you agree to accept this as final resolution.
In the event that a property undergoes major renovation between the time the booking is made, and deposit paid and the dates of the stay, accommodation rates may be subject to an increase. Should this occur you will be notified and given the opportunity to pay the difference in the tariff, we may also be able to find alternative accommodation within your budget. If this is not a satisfactory outcome for you a full refund will be processed, and you agree to accept this as final resolution.
5.1 Cancellation by the Guest must be in writing, guests must be over 21 years old:
a. If the Guest cancels a booking by giving less than 30 days’ notice from the Arrival Date the deposit shall be forfeited and no refund made.
b. If the Guest cancels a booking by giving more than 30 days’ notice to the Arrival Date the deposit shall be returned to the Guest less a $200 cancellation fee, $70 booking fee and any portal website fees. All refunds will be processed through electronic funds transfer once guest provides banking details.
c.1 If the property is relet for the total period, only the cancellation & booking fee will apply, the deposit of the accommodation cost only will be refunded.
By paying a deposit, the guest is reserving a specific property for specific dates. The dates and the property cannot be changed, doing so would effectively cancel the original reservation and cancellation terms will apply. However, we may be able to transfer your booking to different dates or reduce the stay, at our discretion, if we can secure another guest to re-book the property for the same dates. There are no guarantees that this will be possible.
c.2. If the property is NOT relet for the total period, then THERE WILL BE NO REFUND.
5.2 Cancellation by Owner must be in writing:
a. Bookings are taken in good faith on behalf of the Premises owner. The booking agent is not responsible for cancellation of (including sale of Premises), or changes to, a booking if instructed to do so by the Premises owner.
b. In the event of such cancellation, the booking agent shall, in consultation with the Guest, endeavour to source alternative accommodation.
c. If the booking agent cannot source alternative accommodation, or the Guest is not satisfied with the alternative accommodation sourced, then the Guest shall receive a full refund of all monies paid to the booking agent.
If a booking is cancelled and a refund is due to the guest, the guest must provide their bank details and after approval the refund will apply, which may take up to 7 days depending on their bank.
COVID Cancellations: All bookings that are made during the pandemic are done so with the knowledge and understanding of the State Governments restrictions and knowing that at any time, further restrictions may be put in place. It is the responsibility of the person making the booking to seek and understand this information by visiting the Australian Government website www.health.gov.au. If the government does not allow you to travel to our area or from your area, you will be given the option to change your dates or receive a full refund by you providing your bank details.
6. The Agent accepts the following methods of payment: Visa, Master Card or Direct Debit this is the choice of the guest. A credit card fee will apply on top of the cost.
OFFICIAL CHECK-IN TIME
7. Check-in time is 3:00pm. Further, we cannot guarantee that a property will be ready at the check in time. We will endeavour to have the property ready, however, circumstances may sometimes cause delays. There will be no refund or credit if a property is not ready at the said time. We will endeavour to have the property ready, however, circumstances may sometimes cause delays.
8. Keys to the Premises can be collected from the Agent at LJ Hooker – 1/114 Princes Hwy Ulladulla from 3pm and 4pm for 170 and 28 Mitchell Pde Mollymook at the key box located on the outside of the office near the conveyancers. After providing your guest registration form for security of the bond, the key box code will be issued to you.
We can offer you a complimentary one-hour extension of the check in or check out time as a gesture of goodwill.
PLEASE NOTE: if we take a back-to-back booking, which forces a same day turn around we will not be able to honour the earlier time.
The safest way to secure a later check out or early check in is to book the property for an extra night.
Please advise us if you would like to take up any of the above as we will need to adjust the booking accordingly.
OFFICIAL DEPARTURE TIME
9. Check-out time is strictly 10:00am. Any Premises Guests still in properties after 10:00am will automatically incur an additional day's tariff and will be deducted from your Credit Card. A fee of $20 per hour will apply for late check-outs unless previously arranged.
10. Keys must be returned to LJ Hooker Ulladulla at 114 Princes Hwy, Ulladulla and all electrical appliances must be turned off including air conditions and/or heaters and all doors and windows are to be locked on departure. The key taking home fee is: $50.00. A call out fee for guests locking themselves out of the property will incur a $150.00 charge to your credit card.
THE GUEST'S LIABILITY AND RESPONSIBILITY
11. Number of People Booked into Premises:
The number of persons specified on your booking confirmation is to be the maximum number residing in the Premises during the term of your booking and WILL NOT EXCEED this number. Violation of this condition will result in immediate eviction of all people from the Premises and forfeiture of any monies held by the booking agent. The property shall not be used by more than the number of guests listed on your booking, either to visit or to stay, without written approval.
Guest Information & Obligations
It is a condition of your stay that you adhere to our Terms and Conditions, our LJ Hooker Etiquette Guide, the Good Neighbour Policy, the NSW Short Term Rental Code of Conduct, and that you leave the property promptly after completing the departure checklist. Guests must always abide by the local council and state planning laws and guidelines regarding short term residential accommodation. This is the link to view it:
No responsibility will be taken for children or pets staying at or visiting the property. Please supervise carefully, always taking into consideration fencing, pools, dams, stairs, verandas, balconies, and cleaning chemicals. Children under the age of 10 years old should not sleep on the top bed of a bunk. Infants are classified as 9 months and under.
Issues before, during or after the stay
If you encounter an issue before, during or after the stay, contact us immediately so that we can attempt to correct it. We will not be able to consider compensation unless we have been afforded the opportunity to solve the issue.
Recreational Activities – Under no circumstances are the following activities permitted at any of our properties: motorbikes, dirt bikes, quad bikes, use of firearms or air rifles, fireworks.
Security – To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the property and at check out. Should you not be able to secure the property you should contact us immediately. Guests should be locking up the premises when leaving or going out of the property by closing all of the windows and locking all doors as if someone breaks into the property the guest is liable for any damages someone could have done, and property stolen.
12. Due to Health Regulations, animals are NOT permitted inside or on the external surrounds of the premises at any time. Pets are not allowed on bedding or furniture and will be charged for extra cleaning if this occurs after you have left the premises. Violation of this condition will result in immediate eviction of all people from the Premises and forfeiture of any monies held by the booking agent.
Unless your property is stated as “Pet Friendly” under no circumstances are pets allowed at the property. You may be charged for pest & carpet treatment/cleaning.
PET FRIENDLY PROPERTIES:
- 13. If you have your pet with you, it is expected that a few simple rules of courtesy are followed:
• Any mess, including outdoors, must be wrapped and placed in outside bins
• Pet bedding must be supplied by guest
• You agree to pay for any damage, or extra cleaning required resulting from the pet having stayed.
- Pets are only permitted outside the property.
Wildlife - Our properties are maintained and cleaned regularly with annual pest exterminatory, however, wildlife is common in country and coastal areas. LJ Hooker and/or the owner do not accept liability for the unfortunate or seasonal visits of any wildlife including, but not limited to; rodents, insects, cockroaches, kangaroos, wombats, snakes and spiders.
* Please advise LJ Hooker Ulladulla on arrival if you have any issues.
LOST KEYS &/ OR REMOTES
13 a. In the event of lost /broken keys, the Guest will reimburse the booking agent for the cost of new locks and new keys plus an administration fee of $50. Guests will also be charged for taking keys home for administration fee of $50 and recutting of keys if not returned by the next guest booking. In the event of a back-to-back booking this will incur an urgent recut for the new guest’s arrival that day.
b. In the event of lost remotes or taken it home by mistake, the Guest will reimburse the booking agent for the cost of a replacement remote plus an administration fee of $50.
c. Should you lock yourself out, or require after hours assistance, a fee of $150 plus expenses will be payable to the booking agent.
d. Guests must not break into, or attempt to break into, premises when locked out. Keys should be returned as per instructions provided. Should the keys not be returned, the guest will be liable for any charge incurred in gaining entry and/or
replacing keys and changing locks if necessary, plus a processing (minimum fee of $110).
CLEANING & MAINTENANCE
14. Premises are always to be left in the same condition as found upon arrival and kept clean. An additional cleaning fee will be charged if this is not adhered to. Tenants will be charged $50 if BBQ is left unclean, upon Agent’s discretion.
The guest must advise the agent within their arrival day of any cleaning or maintenance issues that require attending to so the agent can have this rectified immediately.
If you encounter an issue, please contact us immediately so that we can attempt to fix it. We will not offer any compensation unless we have been afforded the opportunity to solve a problem.
NO SMOKING RULE
15 a. Smoking is NOT permitted inside the Premises at any time. Violation of this condition will result in immediate eviction of all people from the Premises and forfeiture of any monies held by the booking agent such as extra cleaning of the property, such as steam cleaning of carpets and furniture, laundering of all soft furnishing and linen, plus replacement of linen where necessary.
b. Please contain smoking to the outside areas of the Premises and dispose of cigarette butts in an appropriate container. Cigarette butts left lying around the Premises will incur an excess cleaning fee.
If you need to smoke, please do so away from the property to ensure that the smoke does not enter inside the property. If evidence of smoking inside the property is detected, you will be charged for steam cleaning of carpets and furniture, laundering of all soft furnishings and linens, plus replacement of linen where necessary. Many rural properties do not allow smoking at all due to bushfire risk. It is the guest’s responsibility to understand this prior to booking.
*Smoking inside or outside of the Mariners units is prohibited at all times.
BREAKAGES / DAMAGES
16 a. All breakages or damages must be reported to the Agent immediately.
b. The Guest must allow the Agent or its contractors access to the Premises to carry out necessary repairs.
c. Movement of furniture or items may cause unnecessary damages to the items or the property. Any damages caused to items, furniture or property or excess cleaning required will be charged to your nominated credit card.
d. All damage will be paid for by the Guest. The booking agent reserves the right to debit monies from the Guest's credit card supplied on the Guest Registration Form. Serious cases of damage will be reported to the Police.
17 a. The Guest is responsible for ensuring that, when vacating the Premises, dishwashers are empty and dishes are put away, doors are securely locked, windows securely closed and locked where locks are fitted, all lights, heating, cooling, and other appliances are turned off.
b. The Guest will ensure that garbage is placed in the appropriate bins and that bins are taken out on collection days, which is on your guest information located on the Fridge of the premises and on the back of the front door. If your check out day is after the bin night then the bin must be left half emptied for the next guest arrival that day.
c. The Guest shall leave the Premises in a neat and tidy condition, which is on your guest information located on the Fridge and the back of the front door of the premises.
d. If the Guest contravenes clause 27a above and damage or theft occurs, then the guest is responsible for all costs involved in replacements or repairs.
e. If the Guest contravenes clauses 27b and/or 27c above, then the Guest will be charged an excess cleaning fee.
18. Garbage is to be put into the bins provided which shall be put out by the guest on the kerb side of the street for collection on the applicable nights. The guest will be charged per bin for any excess garbage or recycling with additional tip fees or for not putting the bins out on the correct night. You must take any excess rubbish that does not fit into the bins provided when you leave.
INTEROLERABLE BEHAVIOUR INCLUDING EXCESSIVE NOISE
19a. Intolerable behaviour, such as, neighbours being inconvenienced by extra cars, boats and parked in their areas, disruptive behaviour, major disturbances, excessive noise will NOT be tolerated. All guests should abide by LJ Hooker Ulladulla’s good neighbour policy and shall ensure quiet time from 10pm to 8am.
- b. Strictly No Party Policy including bucks or hens parties. There is a minimum penalty of $500.00 if complaints are received from neighbouring residents. A fee charging of $1000 per offence if there is evidence of a party or function at the property.
c. Violation of this condition will result in immediate eviction of all people from the Premises and forfeiture of any monies held by the Agent. Noise complaints will be passed on to local Police.
d. Do not move furniture from one room to another and ensure that only balcony furniture (when supplied) is outside.
e. Tents, caravans, and other structures are NOT to be erected or occupied at the property.
f. No commercial activity is to take place at the property.
*Premises are to be left in the same condition as found upon arrival. An extra cleaning fee will be charged if this is not adhered to. Tenants will be charged a fee for BBQ cleaning and for dishes left on the sink or in the dishwasher if not done.
**This property does not have the policies, procedures or resources in place to accommodate the unique needs of school graduates during the annual ‘Schoolies’ period.
20. Whilst the Agent aims to make your holiday experience as pleasant as possible it cannot be held responsible for the actions taken by the Owner of the premises outside of our control, such as tariff increases, sale of Premises, change of furniture & fittings etc.
21. The Agent is not responsible for any interpretation or misunderstanding about the premises booked.
22. The Premises are furnished to the owner’s taste and style and the Agent accepts no responsibility for any unmet expectations of the Tenant in respect of any design, quality or other aspect of the Premises.
23. WEBSITE ADVERTSING
Whilst every effort is made to ensure that information displayed on our website is correct:
a. Prices and conditions are subject to change without notice and Information and rates on our website are subject to change without notice.
b. Premises room photos may not be of actual rooms allocated. Photos are indicative only. Accommodation facilities listed are subject to change by the owner of the premises.
24. Quotes and reservations are subject to availability and actual pricing at the time of the booking. Verbal quotes are only an estimate, subject to written advice on confirmation from the booking agent. The price of your booking cannot be guaranteed until full payment is received.
25. The Agent or the landlord will not be liable for any accident, injury, delay, natural disasters, property damage or personal loss to you or those travelling with you in connection with any accommodation or other services resulting directly or indirectly from any occurrences or conditions beyond its control.
26. All bookings are made in good faith by the Agent. However, bookings may be subject to change or cancellation by the owner of the Premises. If a booking is to be changed or cancelled for whatever reason, the Agent shall attempt to notify the Guest as soon as possible and will use reasonable endeavours to arrange alternative holiday accommodation. If alternative holiday accommodation or alternative dates cannot be arranged, any monies paid by the Guest will be refunded and no other claim, right, action or demand shall exist in, or be made, by either party.
27. Any written description or photographic representation of the Premises is made by the Agent to the best of its ability and in good faith. No responsibility or liability for any misdescription, omission or misrepresentation will be accepted by the Agent.
28. Any marketing and promotional information pertaining to the Premises is subject to alteration without notice, and to the extent of any inconsistency, these terms and conditions shall prevail.
29. LOST PROPERTY
No responsibility: The agent is not responsible for the guest's effects left at the premises. If the guest wishes to have any items returned to the office sent to them, then the guest will need to provide a self-addressed plastic satchel to the agent for lost property to be returned, or by collecting the item from the office. If not claimed within 30 days, it will be disposed of.
Linen is NOT supplied at most of our properties, guests must supply own linen (unless the property is advertised as linen supplied) ie: Top and bottom sheets, towels, face washers, hand towels, pillowcases, tea towels etc. Also NOT supplied are toiletries ie: hygiene products, soap, body wash, toilet paper, washing powder etc.
There should be 2 toilet rolls per bathroom for the initial arrival for guests. Please provide your own toilet paper if 2 rolls of toilet paper will not be enough for your stay.
LJ Hooker and/or the owner do not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, house gas and internet. In the event of a failure, the guest should notify our team in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by LJ Hooker, will be remedied at any time during or after the rental period, at the sole discretion of LJ Hooker.
LJ Hooker and/or the owner do not accept liability for any personal loss or injury to the guest/s during the rental period, including that caused by events beyond our control. Events may include, but are not limited to, adverse weather, fire, flood, traffic or flight delays, war, terrorist activity or civil disobedience.
Please read The Code of Conduct for the Short Term Rental Accommodation Industry https://www.holidayrentalspecialists.com.au/wp-content/uploads/2020/11/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf, which applies for all stays from 18 December 2020 onwards and has been passed by NSW Parliament as law. It imposes certain behaviour standards on guests in short-term rental accommodation, including:
- You must not make noise that unreasonably disrupts your neighbours
- You must not cause damage to the premises, including any common property in a strata scheme or association property in a community scheme
- You are responsible for the actions of your visitors and must ensure they comply with the behaviour standards set out in the code.
Bad Books Register/Traveller Feedback – LJ Hooker participate in the Bad Books Register. A person who is listed on the exclusion register is prohibited from participating in the short-term rental accommodation industry for five years. By making this booking you hereby agree that if you or any occupant covered by this booking breaches our terms and conditions, your name, phone number, home address and email address as well as details of the breach/es may be registered with this organisation or any other organisation offering a register for holiday rental travellers. Traveller feedback may also be entered onto the applicable online portals. LJ Hooker reserve the right to refuse or cancel a booking where a guest is registered on Bad Books or has received negative feedback from other booking sites.
A booking service fee of $70.00 applies to every booking.
A cleaning fee applies to every booking depending on the size of the property.
Note: Every effort has been made to maintain the accuracy of these charges, however LJ Hooker Ulladulla reserves the right to correct changes and adjust the prices from time to time, and errors may occur advised by our landlords. You will be advised of any adjustments to prices when a booking is confirmed. Rules may exist at different times, that dictate the minimum number of days for a particular rate to apply such as a 2, 4 or 7 night minimum, or that require arrival on a particular day of the week with weekly bookings etc.
We want to assure you that we are 100% committed to you enjoying your stay with us. If you require any additional services or need any more information, please do not hesitate to contact us. We would love for you to place a glowing review about the property and my team on your original booking site and like our Facebook page.
If for some reason our team does not perform to an acceptable level or you have any issues or notice any damages to the property, we ask that you report this within 24 hours of the 2pm check-in time. If you do not bring these issues to our attention, we will be unable to offer any sort of refund. Refunds will only be offered if the complaints are just and unable to be fixed.
To rebook the same property for the same period next year, we ask that you complete a Holiday Application Re-Booking Form prior to your departure. Then a 50% Deposit is required to be paid upon receipt of letter/email. We look forward to welcoming you. We hope that you enjoy your stay and book with us again.
Telephone & Postal Bookings: We accept no responsibility for mis-description of the property, particularly regarding to telephone and postal bookings. Information is given in good faith.
NOTE: A BREACH OF THESE CONDITIONS WILL PERMIT THE AGENCY TO IMMEDIATELY TERMINATE THE TENANCY WITHOUT REFUND OF TARIF