RAY WHITE EXMOUTH HOLIDAY RENTALS TERMS & CONDITIONS

The following terms and conditions upon which a property 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.

Company Information

Exmouth Holidays is operated by Marihky Pty Ltd trading as Ray White Exmouth
ACN 135 008 794 ABN 22 637 782 082
Address: 17 Ross Street Mall, PO Box 362 Exmouth Western Australia, Australia 6707
Phone: (08) 9949 1144
Email: holidays@raywhiteexmouth.com

Website

www.exmouthholidays.com.au is specifically for the purpose of marketing holiday homes in Exmouth and the management of guest bookings. All transactions are processed in $AUD (Australian dollars).

Definitions

“Agent” – means the business Marihky Pty Ltd trading as Ray White Exmouth which acts on behalf of the Owner to manage the Property and the holiday accommodation bookings for the Property.
“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 and is managed by the Agent.
“Owner” – means the legal owner of the Property.



1. License not a tenancy

The following Terms and Conditions are made on the basis that:
a) Guests are granted a limited permission to occupy the Property for holiday purposes.
b) This is not a residential tenancy agreement under the residential tenancy legislation.
Failure to comply with the Guest's obligations in the Terms and Conditions may result in termination of permission to occupy the Property and eviction; and
c)The Owner reserves the right to cancel any bookings if, and not limited to:
i) There is a change of ownership or change of use of the Property.
ii) Local Government Holiday Accommodation approval is withdrawn.
iii) The Property becomes uninhabitable.
iv) Any other reason.

If a booking is cancelled by the Owner at no fault of the Guest, then the Agent will make best endeavours to find suitable replacement Property or refund any pre-paid tariffs to the Guest.

2. General Obligations of Guests and Visitors

Guests and visitors must:

a)Comply with all House Rules, Planning Approvals 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 Agent and authorities during their stay.
i)Notify the Agent of any damage, breakages, theft and/or potential risk or liability discovered during the stay; and
j) Notify the Agent of any disputes or complaints as soon as is practical.

 


3. Deposits and payments

Payments for accommodation are to be made as per the following;
a)Deposit equivalent to 50% of the total tariff plus the booking fee is to be paid to the agent within 2 business days of the booking being accepted by the agent.
b)The balance of the tariff is payable to the agent at least 28 days prior to arrival
c)Bookings made less than 28 days from arrival are to be paid in full upfront within 2 business of the booking being accepted by the agent.
d)Payments may be made via direct debit or credit card (VISA and Mastercard only). A non-refundable 2% surcharge on each credit card transaction will apply.
e) Bookings made through Stayz.com.au or affiliates are be required to pay the total fee (100%) upfront to confirm the "Instant Booking".

4. Security Bond and Extra Charges

Guests are required to provide credit card details for a security bond of at least $500 which is held by a financial institution during the stay. The security bond is required prior to arrival and the hold released within a reasonable time after the Property has been inspected following departure.

If a credit card is not available, then the Agent will require the Guest to make a payment of $500 which will be returned to the Guest within a reasonable time after the property has been inspected following departure.

The Agent 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
e)Rubbish removal

5. Cancellations by Guest and Unused Services

Bookings are non-refundable and are not transferable to another property or alternative dates.

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

Where written notification of a cancellation is received more than 28 days prior to the scheduled arrival, the Agent may at its discretion allow the Guest to transfer the booking (for the same Property only) to another date, less a transfer fee of $35. Transfers must have an arrival date within one year of the cancellation.  If the Guest does not transfer the booking to another date, then the Guest will forfeit their deposit unless the Property can be rebooked. In which case a pro rata refund will only be made to the Guest for the dates rebooked less the $35 booking fee and $165 cancellation fee.

Where written notification of a cancellation is received less than 28 days prior to the scheduled arrival, the Agent may at its discretion provide a pro rata refund for only the dates rebooked less the $35 booking fee and $165 cancellation fee. Regardless of any discretionary refund by the Agent, the Guest is liable for full payment of the booking whether or not that payment has been made or occupation of the Property occurs.

Cancellations outside the control of the Guest such as illness, weather or any other event will be considered by the Agent 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.

The Agent will not be held responsible if the Property does not meet the expectations of the Guest.

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 booking amendment fee of $35 for any changes made.

7. Arrivals and Departures

Our standard times are: Check-in is 2:00pm and Check-out is 10:00am.

These times may change in the instance of a guest departure and arrival on the same day. Please refer to the check in and out times located in your correspondance. 

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

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 the property in the meter box, under the front door mat, in the lock box or other location to be advised by the Agent 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

Exmouth is a relatively 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 Agent. 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 and the Agent 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 adults and children at each property is governed by The Shire of Exmouth under the Holiday Accommodation Policy and is set as part of the approval process for the property to achieve Local Government Planning Approval for Holiday Accommodation.

It is a requirement of the Owner, Agent and Guest to ensure these limits are obeyed and in the case of more Guests staying than permitted the Local Government may revoke planning approval and the Property will no longer be permitted to be used as Holiday Accommodation.

The onus is on the Guest to ensure that Guests do not exceed maximum numbers 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. 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

Holiday homes invariably are located in built up residential areas 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 minimize impacts upon the residential amenity of neighbours and local community.

The Agent 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)Eviction;
c)Loss of rental paid;
d)Extra charges for any expenses incurred as a result of offensive noise; and
e)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 Agent 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 25 years of age are not allowed to occupy any Property. If any groups of school leavers or groups under 25 years of age are found to be occupying any 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 any Property unless the Property is specifically described as pet friendly. Guests are responsible for ensuring pets are not allowed access to the inside of the Property and remain fenced while at the Property. Guests must notify the Agent prior to arrival of the number and type of pets. A pet bond will apply.

15. Parking

Guests and visitors must comply with parking regulations and show consideration for neighbours. Each Property is allowed a specified number of vehicles and/or trailers in accordance with the Shire of Exmouth Holiday Accommodation Policy. If the number of allowable vehicles and/or trailers is exceeded, then Guests may be required to remove excess vehicles from the Property and park them elsewhere.

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 Agent and Owner

Whilst best endeavours will be made to ensure the Guest enjoyment of the property is not affected, the Agent and Owner reserve the right to access the property at any time during the Guests’ stay. 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 Offal

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 on the designated collection day and empty bins are promptly brought back in.
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) At no time are Guests permitted to process fish or seafood at the property and must use the designated town facilities for such activities.
e) Absolutely no fish offal is to be placed in bins at the Property and must be disposed of at the designated town facilities instead.
f) Absolutely no fish or food scraps are to be disposed of in the canals.
g) No food or bait is to be left in fridges or freezes on departure.

18. Canal Front Properties

Guests must at all times abide by the Shire of Exmouth - Exmouth Marina Village Canal Boat Mooring and Management Plan and Standard Operating Procedures. Refer to the Shire of Exmouth for further information 08 9949 3000 or www.exmouth.wa.gov.au

Guests mooring boats on private jetties do so at their own risk and will be liable for any damage caused to jetties, other boats or equipment.

Guests must ensure they have the appropriate mooring equipment and ropes to ensure safe mooring of vessels in all conditions. In the event of a cyclone all vessels must be removed from moorings as soon as the cyclone watch is announced.

Guests are only permitted to utilise shore power on jetties that have appropriately fitted shore power facilities. At no time are guests permitted to refuel vessels whilst they are docked on jetties or marina berths.
 

19. Properties with Pools

Guests use pool facilities at their own risk and must ensure adequate supervision is provided at all times to children. All pools have safety fences 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.

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.

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


20. Cyclones and other significant weather events

Exmouth and the North West of WA is a known cyclone risk area. In the event of a cyclone Guests are obliged to ensure they take proper care to ensure personal safety and minimize potential damage to the Property.

In the event of a cyclone watch being announced guests are to
a)Ensure they heed the direction of the Agent, local emergency and government services
b)Continue to monitor cyclone warnings and advice on the internet, local radio or television. Refer to www.bom.gov.au
c)Secure all loose items, bring in outdoor furniture, bins etc.
d)Secure lightweight boats and boat trailers
e)Stock up on emergency supplies and ensure a first aid kit is on hand

21. Maintenance

In the event of faults and or malfunctions of appliances fixtures or inclusions there is no obligation from the owner or agent to compensate or discount.  The agent and owner will accept no responsibility for any inconvenience contributed by machinery breakdown. In such circumstances, the agent will undertake best endeavors to repair, replace or hire an alternative.

22. 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, Agent, 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.

23. Privacy Policy - Privacy Act 1988 Collection Notice and Australian Privacy Principles

Please refer to the following link for full details of our Privacy Policy
http://www.exmouthholidays.com.au/holiday/Privacy


For payments made via the internet you will be transferred to Securepay to complete the transaction. Follow this link to access the Securepay Privacy Policy http://www.securepay.com.au/contact-us/privacy-policy

24. Internet Security Policy

When making a payment via the internet you will be transferred to Securepay to complete the transaction. Further security information for Securepay can be located at http://www.securepay.com.au/contact-us/terms-and-conditions/
If you have any questions regarding our internet security policy, please contact our office on holidays@raywhiteexmouth.com