Holiday Letting Terms and Conditions

These Terms and Conditions are valid from 01 August 2017 and supersede all previous Terms and Conditions.

“Pacific Palms Holidays” Terms & Conditions

Thank you for choosing to book your holiday accommodation with Pacific Palms Holidays (Pacific Palms Real Estate).

Please read the following “Terms and Conditions” of your Holiday Booking as these “Terms and Conditions” are an agreement between you the “Guest”, the “Property” “Owner” of the “Property” booked by you via the managing agent “Pacific Palms Holidays”.

“Pacific Palms Holidays” support the National Holiday and Short Term Rental Code of Conduct dated 31 May 2015.

The objectives of the Code are:

a)    To establish acceptable standards of behaviour for holiday rental Guests and visitors to minimise any adverse social or environmental impacts;

b)    To assist “Owner” and managers of holiday rental accommodation to meet the needs of all stakeholders including Guests, neighbours, local communities, local councils and government authorities; and

c)    To inform the community of the standards of conduct expected from holiday rental “Owner”, managers, Guests, and visitors so as to effectively minimise amenity impacts, minimum disturbance to other residents or neighbouring properties, Guests must not engage in anti-social behaviour or create offensive noise to neighbouring properties between 10.00 pm and 8.00 am and during arrival and departure at any time and any gathering, celebration or entertainment must not conflict with the residential amenity of the locality.

Licence not a Tenancy

The booking with “Pacific Palms Holidays” is not a residential tenancy agreement under residential tenancy legislations. Failure to comply with any of the “Guest's” fundamental obligations and the terms and conditions of the “Property” may result in immediate termination and eviction. Refunds will not be paid on terminated occupancies.

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“Guests’” are agreeing to these terms and conditions when a booking is pending or confirmed and/or payment is completed. The Holiday Booking terms and conditions, permits the “Owner” or management “Pacific Palms Holidays” to refuse entry, amend the rent or immediately terminate the letting for a breach.

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1.        MAKING A BOOKING

A)    Payment

Payment in Full for your booking (including booking fee, cleaning, linen, and credit card fees) is required at time of booking. For in-house “Guests” rebooking 12 months in advance, full payment is due 3 months from “Guest” current booking departure date. Dependent on the tariff seasons minimum night stays do apply. Other booking date restrictions may apply as advised by “Pacific Palms Holidays”.

B)    Credit Card Payments

A payment processing fee applies to credit card payments (subject to change in accordance with financial institutions and relevant laws).

The current rate is -

Mastercard/Visa       - 1.75% (including GST)

Amex                     - 2.75% (including GST)

C)     Credit Card Tokenisation Terms

Paying online with a Credit Card Credit card is the most secure way to book with Pacific Palms Holidays.  From the moment your payment information is entered, Pacific Palms Holidays protects your credit card details and associated personal information using encryption and advanced patented tokenisation.  Credit Card tokenisation allows guest card information to be stored per Pacific Palms Holidays’ Terms and Conditions.

Please note Pacific Palms Holidays reserves the right to charge the nominated credit card in matters involving the Security Bond for incidents which result in certain losses or expenses, including but not limited to:

1)  Excess Cleaning (at cost)

2)  Removal of excess garbage, boxes, bottles etc. (at cost)

3)  Damages/ breakages to the property (at cost)

4)  Telephone/Internet Charges (at cost)

5)  Late Departure/Key Return beyond approved arrival and departure times (tariffs apply)

6)  Unauthorised pets at the property

7)  Replacement of lost keys, remote controls (at cost)

8)  Cleaning fee for unclean BBQs $50.00

9)  After hours key lock out or security after hours call out $140.00

10)  Strict No Party Policy

Any other incidental charges that may be incurred as per our Terms and Conditions which shall be deemed to form part of this agreement.

Bookings placed via Pacific Palms Holidays may be subject to change or cancellation if found to be in breach of the terms and conditions which shall be deemed to form part of this agreement.

D)     Bond

Depending on the “Property” booked, a security bond from $500.00 - $5000.00 will be processed on your day of arrival/check-in. The bond may be processed or processed as a pre-authorisation on the “Guest’s” previously nominated credit card (we do not accept bank transfers or cash for bond payments unless by special arrangement).

Pre-authorisation funds will be frozen by the “Guest’s” issuing bank for a period of 7-10 working days and will be automatically released as long as there are no issues during the stay.

Once pre-authorisations are released, the funds will become available on the “Guest’s” card again, and there will not be a transaction on the credit card statement.

For bonds that are processed, the funds will be released to your account/credit card after your departure from the property as long as there are no issues during the stay.

The total bond amount for your booking will be advised by Pacific Palms Holidays.

E)     Booking Fee

A $65 non-refundable booking fee is applied to all bookings.

F)     Links to Third Party Sites

Pacific Palms Holiday site may contain links and pointers to other internet sites, resources, and sponsors of the Site. Links to and from the Site or bookings made via other third-party sites, maintained by third parties, do not constitute an endorsement by Pacific Palms Holidays of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a social media site. We are not responsible in any way for such third-party sites or resources.

G)     Pets

Pets are only permitted at pet-friendly properties and only if pre-arranged with and approved by “Pacific Palms Holidays”.

Pet-friendly terms and conditions must be agreed to, and any damages caused will be deducted from the bond.

This permission is provided on a case by case basis and is subject to the following additional terms and conditions:

All pets are to remain outside, however small and toy breeds may be allowed inside following specific approval. “Guests” must ensure their dog:

1)  Is groomed to avoid moulting and is cleaned before entering the house to avoid marks to the “Property.”

2)  Has had up to date worming, flea treatments, vaccinations.

3)  Has had nails trimmed to avoid scratches to the floors and furnishings.

4)  Does not jump up on beds, furniture or rugs (indoors or outdoors)

5)  Is not left unattended as excessive barking may result in complaints from neighbours. If noise complaints are received, and the pet cannot be quieted, “Guests” will be required to remove the dog from the “Property” at their own expense.

Additional cleaning charges may apply if pet hair, urine, fleas or any evidence (including smell) of the pet be left behind when “Guests” leave. It is advised for pets to wear tick/flea collars to avoid bringing or picking up ticks/fleas to/from the area.

“Pacific Palms Holidays” accepts no responsibility for death of, loss of, injury or sickness to pets during the accommodation period - full and sole responsibility for the pet and its actions lie with the pet “Owner” and upon acceptance of terms and conditions the

“Guest” agree that no legal action (including payment of veterinary accounts) will be taken against the landlord and that no discussion will be entered into.

Please be aware that some properties have not been designed to be pet-friendly.

H)     Inappropriate Bookings and Schoolies

As a duty of care to properties and “Owners”, “Pacific Palms Holidays” reserves the right to refuse any bookings that are determined to be inappropriate or that fall across Schoolies dates and are a conflict in regard to the National Holiday and Short Term Rental Code of Conduct

2.        CANCELLATIONS AND DATE CHANGES

“Pacific Palms Holidays” advise the following in regard to booking cancellations and date changes:

A)     Booking cancelled at least 60 days prior to “Guest” arrival date is refundable less –

1)  Cancellation fee of $175.00.

2)  Transferring of dates for the same “Property” is also an option, and the tariff may vary depending on seasonal dates. All Transfers do attract a $70.00 transfer fee.

B)     Booking cancelled less than 60 days from “Guest” arrival date is non-refundable and non-transferrable.

C)     Changes Made by Pacific Palms Holidays

1)  All bookings are made in good faith of ongoing holiday letting by “Owner” however maybe subject to change and “Pacific Palms Holidays” cannot accept responsibility for actions taken by the “Owner” of the “Property” which are outside its control.

2)  Reasonable actions will be made by “Pacific Palms Holidays” to offer alternative accommodation should this occur.

3)  In the event that the “Property” booked is listed for sale, the “Guest” agrees to allow the “Owner” or agent to inspect the “Property” with the prospective purchasers, by appointment and during reasonable hours.

4)  “Property” tariffs may change online at any time without notice.

3.    ARRIVAL

A)     Check-in and Check-out

1)  Check-in is available from 2 pm on the day of arrival.

2)  Check-out is 10 am on the day of departure.

B)     Early Check-In/Late Check-Out

1)  “Pacific Palms Holidays” will try to accommodate requests for early check-in/late check-out however they are subject to availability (E.G. other bookings in place, cleaners available to accommodate the request, maintenance schedule) and fees may apply.

2)  Despite any early applications, approval will only be granted 1-2 days prior to entry/departure if available. Early requests do not guarantee early access/late checkout unless a full day’s rate is paid.

3)  “Guests” are required to contact the “Pacific Palms Holidays” 1-2 working days prior to the date of the early check-in/late check-out to make final arrangements which will be recorded in the booking details.

C)     Keys

1)  Keys will be available at the “Property” upon arrival unless “Pacific Palms Holidays” advise otherwise, in which case keys will be available from either Pacific Palms Holiday office located at Blueys Beach or available for collection from the Bungwahl Key Safe.

2)  The “Guest” will be provided with details of the key location and/or access codes via email after final payment has been made (and a credit card is on file for the “Guest” bond).

3)  “Guests” are requested to take the access information with them to access the “Property”.

D)    Linen

1)  Linen and bath towels are provided unless otherwise notified.

2)  Beach towels are not provided.

4.        DURING YOUR STAY

A)     “Property” Presentation

1)  The description of the premises is given in good faith. From time to time, changes occur at properties, sometimes by “Owner” and outside of Pacific Palms Holiday control or knowledge, therefore, no responsibility for irregularities will be accepted.

2)  “Guests” are requested if upon arrival to the “Property” there are any items related to cleanliness, damage or appliance operation to report such items to “Pacific Palms Holidays” promptly and allow “Pacific Palms Holidays”, or its agents, contractors or employees access to the premises for the purposes of inspection and if necessary cleaning or repairing of damage.

3)  Regarding repairs and appliances in some instances immediate repairs may be beyond our control, and no responsibility is accepted by the agent for these circumstances. No recompense will be negotiated due to the failure of any services, equipment or other contents provided at the premises.

4)  Many of the holiday accommodation properties are located in suburban locations where, from time to time, there may be building/construction on houses within the nearby vicinity of the “Property” booked. Pacific Palms Holiday takes no responsibility for any issues relating to noise on neighbouring properties.

B)     Movement of Items Within/Between Properties

1)  “Pacific Palms Holidays” has a strict policy on moving items or furniture (indoor or outdoor) within a “Property”, or in the case of bookings across multiple properties, from “Property” to “Property”. Movements may cause unnecessary damage to items and the “Property” itself, and can cause excess cleaning time due to complex housekeeping inventory checks.

2)  If you have a large booking where extra items are required (and a function is approved) Pacific Palms Holiday can supply you with hire company contact information. Any damages/excess cleaning caused by movement of items or furniture will be deducted from the bond.

C)     Internet

1)  Some properties provide wireless internet for “Guests” for email, perusing social media, and web browsing. It is not provided for video streaming or downloading, e.g. movies/shows.

2)  Usage is not unlimited and is monitored by Pacific Palms Holiday “Property” “Owner”.

3)  Excess usage may be charged and deducted from the bond.

4)  If “Guests” require excess usage, please contact Pacific Palms Holiday to arrange the purchase of a data pack.

5)  If the “Property” has a broadband internet connection (wired or wireless) the operation of any internet connection during your stay is not guaranteed and may be disrupted or unavailable. This also applies to TV/Austar/Foxtel type services as reception in parts of Pacific Palms can be unreliable in times of high wind or storm. Depending on the location of the “Property” there may be a weak signal strength.

6)  The “Guest” will not hold “Pacific Palms Holidays” or the “Owner” liable for any disruption to these services.

D)     No Smoking

1)  For the comfort of all our “Guests”, our properties are non-smoking.

2)  Any damages caused by smoking on or inside the premises will be deducted from the “Guest” bond.

E)     Lost Keys / Keys Locked Inside

1)  If “Guests” lose keys or lock keys inside the “Property” and require access, a security call fee will apply.

2)  If replacement keys need to be cut, key barrels need to be replaced, or in secure complexes, re-keying is required costs will be calculated based accordingly and charged to the “Guest”.

3)  If there is a key-safe at the “Property”, please use it to secure one set of keys at all times when you leave the “Property”, including when you check out.

4)  If a tradesman needs to attend to any requested or agreed on maintenance during your stay, this will ensure they can access the “Property”.

F)     Rubbish Collection and Excess Rubbish

1)  “Pacific Palms Holidays” request “Guests” put all rubbish in the appropriate bins provided outside no later than the night before collection.

2)  Please ensure the rubbish is put out at a reasonable hour so as not to cause noise and disrupt the neighbourhood (e.g. with recycling bottles).

3)  The bin lids must be able to close for the collection.

4)  Some properties have a service where the outdoor bins are put out for “Guests”. Where the service is not available or offered by the “Property”, the “Guests” must put the bins out for collection themselves.

5)  If the bins are not put out or if there is excess rubbish upon check out, a private contractor will be organised to empty the bins and charges will be deducted from the bond.

G)     Recycling Bin

1)  There is a three bin collection service in the MidCoast region for organic waste, recycling, and general (landfill) waste. Information is provided at each “Property” to assist “Guests” in sorting rubbish appropriately.

2)  Bins are checked before each arrival and after each departure. Contaminated bins will not be collected, and a private contractor will be organised to remove the bin contents and charges will be deducted from the bond.

H)     Parking

1)  Each “Property” listing available on the relevant “Pacific Palms Holidays” website outlines the number of off-street parks available and the number of cars permitted at the “Property”.

2)  On-street parking is not provided or guaranteed for “Guests” or visitors. “Pacific Palms Holidays” cannot be held responsible or liable for any fines or penalties incurred by “Guests” or visitors from parking on the street (where local parking restrictions apply).

3)  Parking campervans, caravans and trailers (with or without boats) on a residential street at a holiday home is not permitted under any circumstances. ”Guests” will be required to remove any campervans, caravans or trailers. If a “Guest” fails to comply, the item may be towed away at the “Guest’s” expense and charges will be deducted from the bond. The violation of terms and conditions may also result in “Guest” eviction and loss of rent and bond.

I)     Number of Persons, Noise, Parties and Functions

1)  Properties are for “Guests” only. No extra “Guests” are permitted on the premises without pre-arrangement from “Pacific Palms Holidays” Management.

2)  The number of occupants must not exceed the number of persons shown on your confirmation. Any increase in numbers must be approved if permitted in advance and may incur additional fees.

3)  Excessive noise, parties and functions are not permitted as they can disrupt neighbours as well as nearby residents and other holiday makers. If an unauthorised function is held at the “Property” the bond processed for the booking will be retained and additional fees to cover the standard function fee, min. $560.00 may apply.

J)     Functions

There are a select number of properties where functions may be permitted. However express permission from “Pacific Palms Holidays” must be granted prior to any such booking, strict conditions and additional function fees apply (min.$560)

K)     Noisy Neighbour Hotline

1)  “Pacific Palms Holidays” operate a noisy neighbour hotline and our contracted security company will respond to noise complaints from neighbours, residents, and other holiday makers in relation to our managed properties.

2)  If a complaint of excessive noise or anti-social behaviour is received, security will be dispatched to investigate and may result in a minimum $140.00 call-out charge.

3)  A report will be received by “Pacific Palms Holidays” with information as to whether a fee has been charged. This fee will be taken from the “Guest’s” security deposit and is non-negotiable.

4)  If a second security call-out with a 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.

5.        DEPARTURE

Excess Cleaning, Damages and Charges

A)    Bond

1)  If a Bond deduction occurs, “Pacific Palms Holidays” will advise the “Guest” of details of any charges and these will appear on the “Guest’s” statement.

2)  Considerable administration is required, and a bond administration fee may apply

3)  Standard Admin Fee: $35.00 per booking.

4)  Where Bond deduction in excess of $200 in damages occurs, there is a $70.00 admin fee per booking.

B)     Excess Cleaning

Pacific Palms Holiday requests “Guests” to leave the “Property” as it was found to avoid extra cleaning charges.

This includes:

1)  washing dishes

2)  placement of rubbish in the bins provided

3)  cleaning of the BBQ

Beds will be stripped, and floors clean by our Housekeepers as part of their normal housecleaning duties however excessively dirty walls/floors and linen will be charged.

C)     Damages

In the event of breakages, damages and lost items, Pacific Palms Holiday requests that “Guests” contact “Pacific Palms Holidays” to report the incident as soon as possible. Damages may be deducted from bond (or credit card supplied if the charges are higher than the bond processed).

D)     Bad Book register

Pacific Palms Real Estate participates in the Bad Book register. By accepting this booking you hereby agree that if you or any occupant covered by this booking, including any “Guests”, breach our Terms and Conditions, your name, phone number and email address along with details of the breach/breaches may be disclosed to the “Property” “Owner” and/or other Agents participating in the Bad Book register. “Pacific Palms Holidays” reserves the right to refuse or cancel a booking where a “Guest” may be registered on Bad Books.

E)     Personal and Lost Property

1)  No responsibility will be taken by “Pacific Palms Holidays” for “Guest’s” personal “Property”.

2)  If items are left at a “Property”, “Pacific Palms Holidays” will contact the housekeepers/cleaners to determine whether the items were located.

3)  If located, items will be returned via Australia Post COD (charges apply).

4)  Return costs and tracking of items are the “Guest’s” responsibility.

6.        INDEMNITY

“Guests” ’ actions, conduct and safety are the responsibility of the “Guests”.

The agent and “Owner” of this “Property” do not condone: unsafe, irresponsible or illegal actions/behaviour etc. on or off the premises, during a stay or at any other time.

A condition of entering and/or staying at this “Property” means that all “Guests” understand and agree to indemnify the agent and “Owner” against any responsibility or action(s) (legal or other), due to any action(s), incident(s), loss or injury(s) while within or outside of the premises (including, but not limited to, the grounds, facilities, structures, etc.) during a stay or at any other time.

 

Credit Card Tokenisation Terms

Paying online with a Credit Card Credit card is the most secure way to book with Pacific Palms Holidays.  From the moment your payment information is entered, Pacific Palms Holidays protects your credit card details and associated personal information using encryption and advanced patented tokenisation.  Credit Card tokenisation allows guest card information to be stored per Pacific Palms Holidays’ Terms and Conditions.

Please note Pacific Palms Holidays reserves the right to charge the nominated credit card in matters involving the Security Bond for incidents which result in certain losses or expenses, including but not limited to:

1)   Excess Cleaning (at cost)

2)   Removal of excess garbage, boxes, bottles etc. (at cost)

3)   Damages/ breakages to the property (at cost)

4)   Telephone/Internet Charges (at cost)

5)   Late Departure/Key Return beyond approved arrival and departure times

      (tariffs apply)

6)   Unauthorised pets at the property

7)   Replacement of lost keys, remote controls (at cost)

8)   Cleaning fee for unclean BBQs $50.00

9)   After hours key lock out or security after hours call out $140.00

10) Strict No Party Policy

Any other incidental charges that may be incurred as per our Terms and Conditions which shall be deemed to form part of this agreement.

Bookings placed via Pacific Palms Holidays may be subject to change or cancellation if found to be in breach of the terms and conditions which shall be deemed to form part of this agreement.