TERMS & CONDITIONS OF SHORT TERM HOLIDAY RENTAL
Tea Gardens Hawks Nest Properties Pty Ltd
Tea Gardens Hawks Nest Properties Pty Ltd (‘TGHNP’) complies with the Code of Conduct for the Short-Term Rental Accommodation Industry (‘the Code’) issued by NSW Fair Trading. The Code requires TGHNP to provide you with a copy of the Code. An electronic copy of the Code can be accessed by clicking on this link: Code of Conduct for the Short-Term Rental Accommodation Industry, or contacting our office if you require a hard copy.
TGHNP is proud to be able to offer visitors and tourists the ability to enjoy accommodation in the beautiful and peaceful towns of Tea Gardens, Hawks Nest and surrounding areas while experiencing the comfort of holiday homes owned by a variety of part time residents and investors. To continue to provide access to these holiday homes to our guests, we need our guests to treat these homes with the highest standard of care, be trustworthy, responsible, clean, and tidy. Frequently holiday homes are removed from availability after an owner has a bad experience with a guest and we rely on our guests to do the right thing. We expect our guests will return the properties together with furniture and items in the property in the same condition at the end of their stay as it was when we handed you the keys.
We accept that accidents occur, but the cost of damage caused by any accident will be paid for by you. Any damage or accidents whether you intended to cause them or not (or were caused by you or someone you invited to the property) are the responsibility of the guest who made the booking during your stay and the cost of the repairs and replacements will be paid for by the guest who made the booking with our office. All people that visit or stay at the property must read and comply with our Terms and Conditions and any Owner Compendium at the property during their stay.
As a guest, we trust that you will do your own research and ensure that you choose a property to suit your own expectations. As you have booked a property offered for holiday use in accordance with these terms, our expectations are that you will use the property booked solely for holiday purposes, that our guests and the people our guests invite into the property understand and agree that the property is a holiday property and agree to comply with the Terms and Conditions and Owner Compendium before making a reservation.
The Terms and Conditions and Owners Compendium are not designed to prevent guests from the normal, relaxing use of a holiday home, only to prevent people who do not respect our owner’s properties, the neighbours of those properties and other members of this peaceful beachside paradise from booking or using the properties that we offer for rent.
We look forward to welcoming you as our guest.
Our current fees and charges – 1 July 2022 (incl GST)
Call out fee (after hours TGHNP fee payable per call out)
Cancellation/Variation of Booking administration fee
Cleaning fee at cost (basic estimated)
Deposit to secure property (if booked 30 days or more in advance during off peak season)
50% of Rental
Disturbance charge – for TGHNP to attend or contact police (per attendance/call)
Garbage – excess waste removal fee at cost (minimum estimated)
Keys/remotes – replacement charge (in addition to cost of replacement key/remote, locksmith and service costs)
Merchant facility fee (credit card payments)
Pets – unapproved (per pet)
Security Deposit/Bond – pre-authorised credit card deposit/bond (minimum)
$110.00 per day
Security Deposit claim administration fee
Smoking – cleaning/deodorising fee
- ‘Booking’ means the dates and period for which you intend to stay at the Property.
- ‘Deposit’ means 50% of the Rental paid by the Guest to secure the Property during an Off Peak Season.
- ‘Inclusions’ means all fencing, plants and landscaping, ornaments, decorative features, chattels, fixtures, fittings, furnishings, appliances, inventory, installations, and other items in and around the Property.
- ‘Guest’ means the person who makes the Booking, pays for the Rental, and provides their credit card information for the Security Deposit.
- ‘Off Peak Season’ means the time of the year where there is low tourist traffic around those times that we have nominated as Peak Season on our website.
- ‘Owner’ means the person, company or entity that is registered as the proprietor of the holiday home.
- ‘Owner Compendium’ means a folder or book located at the Property containing specific additional instructions, Rules and guides for use of the Property.
- ‘Peak Season’ means those periods around school holidays, long weekends and commencing from December up to and including the end of February as may be published on our website from time to time.
- ‘Property’ means the accommodation whether being a house, unit or other premises that you have booked to stay in for short-term accommodation and includes the surrounding yard, fences, common and shared areas and all its Inclusions.
- ‘Rental’ means the total amount required to be paid to TGHNP for the short-term lease of Property.
- ‘Reservation’ means submission of details of the Booking by the Guest by app, website or in another manner authorised by TGHNP.
- ‘Rules’ means any rules for use of the Property as may be published from time to time on this website, circulated with correspondence confirming your booking or available in the Owner Compendium and includes by-laws, management statement and other ordinances that may affect the property from time to time.
- ‘Security Deposit’ means a pre-authorised deduction or reservation of an amount on the Guest’s credit card held by TGHNP during the Booking to secure return of the Property and Inclusions in the same condition as they were in at the time of commencement of your Booking. The amount shall be determined and advised by TGHNP on a case by case basis.
- “TGHNP” means the manager of the Property being Tea Gardens Hawks Nest Properties Pty Ltd of 203 Myall Street, Tea Gardens, New South Wales, 2324.
- GUEST RESPONSIBILITIES
- By submitting the Reservation and paying a Security Deposit, Deposit and/or Rental to TGHNP, the Guest agrees to be bound by these Terms and Conditions.
- The Guest responsible for the Reservation is liable for all Rental, booking fee, merchant facility fees, cost of repairs, replacements, fines and other charges payable in respect of the Booking.
- The Guest that submitted the Reservation is responsible for the Property and for making sure all the people entering the Property during the Guest’s stay are aware of and abide by these Terms and Conditions.
- If the Property has a separate Owner Compendium, it is the Guest’s responsibility to follow the owner’s rules, guidelines and any by-laws included in the Owner Compendium in addition to these Terms and Conditions.
- If any additional formal Rules have been published or circulated by TGHNP, or are included in the Owner Compendium, it is the Guest’s responsibility to follow the Rules together with the Terms and Conditions and the Owner Compendium (if applicable).
- A Guest certifies they are at least 25 years of age before they book accommodation with TGHNP.
- The Property is not available for Reservation for a party. TGHNP expressly discloses that it offers holiday accommodation properties that are not available to book for parties. Parties means unapproved group bookings. If you are concerned that your proposed use might be considered a ‘party’, please contact TGHNP to discuss before submitting your Reservation.
- TGHNP has the right to terminate your booking if you breach subclauses (f) or (g). Cancellation charges will apply if we terminate this agreement due to your breach of a clause.
- TGHNP requires a Deposit to be paid if the Booking commences 30 days or more after Reservation in an Off-Peak Period. If the Booking commences on a day which is on or within 30 days of the Reservation or in a Peak Period, the Rental to is to be paid by the Guest when submitting a Reservation. TGHNP has the right to accept a reservation from another party and rent the property to another person if you do not comply with this clause.
- Whether a Deposit is accepted in lieu of Rental to secure your Reservation is seasonal and subject to the sole discretion of TGHNP.
- Should a Deposit be accepted by TGHNP in lieu of the Rental balance is not received 28 days prior to your check-in date, Management reserves the right to re-let the property. Our cancellation policy will apply, and your deposit will be forfeited.
- A booking fee of $55.00 will be charged to the Guest, in addition to the Rental and any merchant fee.
- If you require the use of a merchant facility for payment of the Rental, merchant fees including a credit card processing fee of 1.15% will be applied in addition to your booking fee and the Rental.
- GUEST REGISTRATION AGREEMENT AND SECURITY DEPOSIT
When booking with us you accept that:
- During your Booking: The Guest acknowledges and agrees to be responsible for the cost of all breakages and damage caused to the Property and the Inclusions and agrees to reimburse the Owner as directed by TGHNP for any loss whether direct or consequential suffered by the Owner.
- Condition of Inclusions: The Inclusions are assumed to be in good working order at the commencement of your Booking. If you find an Inclusion is damaged or not in good working order, you must notify us immediately at the commencement of your Booking (being day 1 of your Booking). If we have not received notification from you at commencement of your Booking, any damage will be deemed to have been caused by you.
- Breakages: If anything breaks, mechanically fails, is damaged, or other loss or injury occur during your Booking, you must report it to us before you depart.
- Damaged Inclusions: if an Inclusion malfunctions or is damaged, please report it immediately. Inclusions that have not been damaged due to wear and tear must either be replaced to the satisfaction of the Owner, or paid for prior to departure at an amount determined by the TGHNP. TGHNP in its sole discretion will determine the mechanism for resolution and whether an item has been damaged or the breakage is caused by wear and tear. Failure to comply with this condition will result in your Security Deposit being held until the matter is resolved.
- Failure of Inclusions and Services: TGHNP does not refund any amount of the Rental due to failure of an Inclusion, service or the property including satellite TV, phone, internet, media players, spas, pool tables, or anything else that has not been notified to us and is not considered a necessity. TGHNP will use its best endeavours to provide you with a solution if possible. Tea Gardens/Hawks Nest and surrounding areas is a small community, and it can be difficult to obtain assistance of trades people particularly after hours or on weekends.
- Missing or Damaged Inclusions: The Property is inspected after each Boking and if any Inclusions are missing or damaged the Guest will be charged.
- Agreement to be Bound by Terms and Conditions: You have read and agreed with our Terms and Conditions.
- Owner Compendium: On arrival you agree to read the Owner Compendium.
- Emergency Procedures: You agree to take note of all emergency exits and equipment.
- No Smoking: Smoking inside the Property is forbidden, no cigarette butts will be discarded on or around the Property
- Number of Persons: The number of persons staying at the property must not exceed the numbers on the Reservation application at any time during the occupancy unless written consent has been provided from TGHNP.
- Condition on Departure: The Guest agrees that the property will be left in the same clean, neat, and tidy condition, as it was when you arrived.
- Before Departure: The Guest must depart and return the Property before the check-out time provided by TGHNP. Before leaving, the Guest must wash up, stack the dishwasher and putting on the dishwashing cycle, clean out the fridge, clean the BBQ, place rubbish in appropriate bins and leave all wet towels in the main bathroom.
- Guest Must Ensure: The Guest has left the Property is left in a similar state to its condition on arrival. Guest must ensure all appliances, fans and air-conditioning units have been switched off, all lights have been switched off - both inside and outside, taps are turned off, no toilets are running, all garbage has been taken out of the house and deposited into house otto bins (if any), dishes are stacked in the dishwasher and short cycle started, all furniture is returned to its original position, fly screens, blinds and curtains are drawn, down and closed, the BBQ has been cleaned, outdoor awnings have been retracted, farm and entry gates are closed on departure. If the Guest does not complete the matters set out in this clause or any additional extra-ordinary cleaning is required, a fee of not less than $330.00 (incl GST) will be charged against the credit card.
- Garbage Removal: In an attempt to keep Rental low, we only have provision for the Guest to dispose of rubbish in the household bins provided, any additional rubbish can either be removed by the guest (our recommendation), or, if additional rubbish is left behind, we will dispose of by charging the credit card of the Guest (Disposal of excessive rubbish is expensive and may include trailer and staff costs please note that the cost of excessive rubbish will not be less than $220.00).
- Cleaning: If you keep the Property clean and tidy, look after the Property for our Owners, follow the steps in the Owner Compendium and complete the items we have listed above before departure and the Property and Inclusions are returned in the same condition as at commencement of the Booking no additional cleaning charges should apply. If there is extra cleaning to the Property or Inclusions or specifically BBQ cleaning the costs will be deducted from your Security Deposit.
- Parties: You confirm that the Booking is not for a buck’s party, end of school celebration, or any celebration that you have not received prior permission in writing from TGHNP.
- Excluded Areas: Properties that have locked cupboards, storerooms, sheds or rooms contain items that belong to Owners. Tampering with locked doors will result in an additional charge and can result in legal action by the Owner.
- Entertainment Equipment: audio visual and sound equipment is included in the Property for your use and enjoyment. Please do not disconnect, adjust, or alter any connections, leads or wiring. Instructions for the use of equipment should be found in the Owner Compendium.
- Security Cameras: even if present at the Property the security cameras are not monitored for the safety of Guests and should not be relied on for personal security or security of possessions. Cameras may be used to enforce and verify compliance with Terms and Conditions. If any part of the security cameras or system are damaged, tampered with, obstructed during the Booking, it may result in additional charges including a partial or complete loss of Security Deposit funds.
- PRE-AUTHORISED SECURITY DEPOSIT/BOND
- The Guest must provide credit card details at the time of booking. The Guest authorises TGHNP to arrange a pre-authorisation of at least $100 per day or such other amount as is advised by TGHNP at the time of booking for security deposit/bond purposes (‘Security Deposit’). TGHNP can deduct or reserve the pre-authorised Security Deposit on the Guest’s credit card prior to check-in. Any reserved amount will reduce the Guests credit card limit. The Guest’s credit card must be VISA or MasterCard. The agent does not accept American Express. NO SECURITY DEPOSIT NO KEYS. The amount of the Security Deposit will be confirmed by the agent on booking. The Guest authorises the agent to deduct any charges incurred from the Security Deposit in accordance with these terms and conditions. The credit card must belong to the Guest. The Guest must be present on the holiday and present themselves at the agent’s office to collect the keys to the property. The property will be inspected after the Guest has vacated. Any extra charges that arise from damage to the property, hire extra cleaning or other reason contained in these Terms and Conditions will be deducted from the Security Deposit. Your Security Deposit reservation will be removed or refund of retained funds provided within 14 business days after the date that you vacate if you leave the property in adequate condition.
- Please ensure that your credit card limit allows reservation of sufficient funds to cover the Security Deposit on the business day prior to your arrival. If you do not have available funds for reservation of the Security Deposit, you will not be given access to the property and no refund will be given for any payment.
- Pre-authorisation reservation of funds is a temporary hold on the Security Deposit, making these funds unavailable to the Guest cardholder until the charge is cleared.
- The held funds may be automatically cleared by your bank between 3-7 business days following your Booking if there is no reported damage to the Property.
- The Guest responsible for the Reservation must ensure credit card details for payment of the Rental and Security Deposit, authorisation signature required for the pre-authorisation of the Security Deposit has been submitted to TGHNP at least 48 hours prior to commencement of the Booking.
- The Security Deposit can be applied by TGHNP to cover incidental costs including but not limited to charges for extra guests not included in the booking, telephone, excess internet downloads, breakages, damage, odours (caused by smoking or pets), replacement remote controls or keys, excess garbage, emergency call-out fees or cleaning charges in excess of the normal levels of cleaning.
- TGHNP can debit the Guest credit card with all extra costs above the property pre-authorisation limit if the damage or costs exceed the pre-authorisation amount.
- TGHNP will notify the Guest by email prior to using any part of supplied credit card used for pre-authorisation or additional charges in excess of the pre-authorisation amount for any of the above charges.
- The Guest must pay an administration charge of $100.00 for any Security Deposit claim and the administration charge will be charged to the Guest’s card.
- NUMBER OF GUESTS
- The Owners of TGHNP properties prohibit parties without TGHNP’s prior written approval.
- The number of guests staying at the property must not exceed the number stated and paid for on the Registration, or as is subsequently agreed in writing by TGHNP.
- Additional guest rates will apply to additional guests staying at the property and any visitors (not approved) over and above the number of guests approved on the Registration.
- PROPERTY ACCESS & KEYS
- TGHNP will confirm the time of check-in when your Reservation is accepted. Ordinarily access will be provided from 2:00pmpm on the first date of your Booking. You must check out before 10:00am on the last day authorised for your Booking. If the property is not vacated by the agreed time, then extra charges may apply.
- If you require adjustments to the time of access and check-out, you must obtain agreement from TGHNP by providing TGHNP with not less than 72 hours’ notice prior to commencement of your Booking. TGHNP reserves the right to raise additional charges and refuse such requests.
- TGHNP will use its best endeavours to deliver the Property in accordance with your Booking. TGHNP reserves the right to alter the Booking due to unforeseen circumstances including cancellations or extensions that may be required due to public health orders, quarantine, or isolation of Owners or Guests.
- Keys will be provided on check-in as directed by TGHNP. Any loss of keys or remote controls attracts a $165.00 (incl GST) replacement charge. If you lock yourself out or lose keys during your stay and keys need to be delivered to you, additional costs to obtain replacements, service charges and call-out charges will apply.
- DISTURBANCE AND CONDUCT
- Disturbance to the neighbours, is prohibited and may result in immediate termination of the Booking. If you or a visitor to the Property causes damage, danger, or annoyance TGHNP reserves the right to ask you to vacate the property immediately and be treated as a cancellation of booking, with no refund.
- If TGHNP is required to call police or attend the Property because of your disturbance, a charge of $330.00 will apply.
- You must not play music outside the Property and no noise must be audible around the property after 10:00pm. Offensive language and noise is prohibited, and may result in termination of your Booking, immediate eviction, loss of Rental and additional expenses deducted from your Security Deposit. If there is a complaint, TGHNP will attempt to contact the Guest to advise you of the complaint. If the Guest is unable to be contacted and TGHNP or its staff must attend the Property, additional charges will apply.
- The Property is a no-smoking property and is equipped with regulation smoke alarms. The Guest must not discard butts in the Property or surrounding gardens. All ignited butts must be fully extinguished with water before discarding in Otto bins due to the fire risk in rural areas. Smoking odours in the Property after your Booking will result in the Guest being charged a cleaning and deodorising fee of not less than $550.00.
- Strict fire regulations and guidelines exist for the benefit of Owners and Guests, and in warmer months a complete fire ban will apply. No fires are to be lit outside of any property without formal written consent in the Owner Compendium or provided by TGHNP before Booking.
- Timber will be provided for the Guest and instructions will be included in the Owner Compendium if the Guest can use any combustion stoves or indoor fireplace. Approval for use will only apply for the winter season from May – August (inclusive) and is subject to change based on weather conditions.
- Children must be supervised at all times by an adult at all of TGHNP properties.
- Some of our properties are listed as being not child friendly. If we have listed a property as not child friendly it is usually as a result of waterways, pools or Inclusions that are not appropriate for children. For this reason, pre-approval of children in non child friendly homes must be granted in writing before submission of Reservations. In the case of approval being granted, the Guest must supervise children all times. If no approval is granted and you bring a child into a non-child friendly home, TGHP can immediately cancel the booking.
- Wildlife, livestock and pets in the area can be a danger to children, please be vigilant.
- Children must remain at least 5 meters away from all waterways and wildlife. Waterways are not suitable for swimming by either children or adults.
- Children must be supervised when using outdoor play equipment and when inside using any games rooms or entertainment provided. TGHNP will not accept any liability of any injury, permanent disability, or death of any children at the property.
- If you are bringing your pet to one of our ‘pet-friendly’ properties, the Guest must, bring their own pet bedding, food/water bowls, clean up and dispose of pet droppings, not allow their pet on couches, beds, tables or other furniture, contain the pet in the enclosed area and not allow them to roam.
- The Guest is responsible for additional repairs and cleaning costs as a result of the pet being kept inside the Property or causing any damage to the Property.
- TGHNP will not accept liability for pets kept at the Property.
- If a pet is brought without consent, a fee of $550.00 per pet will be charged.
- CANCELLATIONS AND VARIATIONS
- All monies paid, including bookings where initial Deposit has been paid or Bookings where full Rental has been made, may be non-refundable.
- If the Guest elects to cancel a Booking, if the arrival date is greater than 30 days from date of arrival, no charges will apply.
- Not less than 50% of the Rental will be forfeited by the Guest if the Guest cancels the Booking within 30 days from Reservation. TGHNP will make every effort to re-let the property for the same amount within the given time frame and if successful, will refund to the Guest all monies paid less an administration fee of $220.00 which covers the cost of amendments and administration to the booking, and any credit card charges. If the property can only be booked for a lesser amount of time the Guest will forfeit the $220.00 administration fee and the difference in the booking price. If the property cannot be re-booked, all monies paid will be forfeited. Guests are responsible for contacting us to check that the property has been re-booked. TGHNP is not required to attempt re-let premises if less than 7 days’ notice is provided and the whole sum will be forfeited.
- TGHNP reserves the right to cancel any booking if we deem the group to be not suited to a particular property, or if the booking is in breach of any of our Terms and Conditions or, is in breach of NSW health guidelines or government-imposed restrictions, circumstances arise that cause the Property not to be safe or fit for use for the Booking, other circumstances arise that are beyond our control or is not approved by the Owner of the Property.
- In the unlikely event of the property being unavailable or out of order due to unforeseen service needs, damage from previous guests, environmental issues or, is no longer available due to sale of the property, change in management or business use, TGHNP reserves the right to cancel at any time without notice in the event of these special circumstances. In this case, you will receive a full refund, or we will endeavour to find you a suitable alternative accommodation option from within our property portfolio.
- EMERGENCY/AFTER HOURS CALL OUTS
- Guests who require after-hours service are to call our after-hours contact number: 0428 240 730 and leave a voicemail. You will be contacted by our after-hours staff as soon as possible
- If a member of our staff is required for onsite assistance outside our normal trading hours of Monday to Friday 9am - 5pm, that is the result of loss of keys, lock out of accommodation or any issue that arises that is not the responsibility or fault of TGHNP a call out fee of $165.00 will be deducted from your security deposit.
- In an emergency, police, ambulance, and fire services can be contacted by phoning 000.
- LOSS OR INJURY
- The Owner and their respective employees and agents take no responsibility whatsoever for loss or damage of any property, or personal injury, or death, of any occupant, guest, or invitee of any such occupant, and they each exclude all liability to the maximum extent permitted by law. The occupants acknowledge that the environment in which the property is located and must take extreme care when inside and when venturing outside the property, including, without limitation, observing safety signage, fire and safety directions and procedures, electric fencing, automatic gates and cattle grates, and exercise caution when near farm animals and wildlife.
- TGHNP takes no responsibility for the Guests’ or invitees personal property. If personal property is left at the Property and needs to be returned TGHNP can do so at its own discretion at the Guest’s cost via Australia Post. No personal property will be stored.
- Personal information obtained in respect of the Reservation is used to provide products and services to you, to provide you with information, and to send newsletters or other communications to you.
- TGHNP may use your personal information for direct marketing or promotional activities, however, if we do undertake such activities, you will be provided with an opportunity when first contacted to decline to receive any further communications from us
- Guest details can be passed on to third party supplier, service companies, trades and emergency services and other parties required or engaged to assist with your Booking.
All estimates for rental of properties are valid for 7 days. If you are provided with an incorrect quote from our staff, TGHNP reserves the right to adjust the estimate following your Reservation.
- TELEPHONE & INTERNET
Telephone and internet service can vary from property to property depending on their location and services provided by the Owner. If good service is required, the Guest must ask TGHNP at the time of Reservation. Guests would ordinarily have limited downloads and no access available to download large files such as movies. Telephone and internet service experience frequent disruptions in regional areas TGHNP does not guarantee phone or internet coverage at any property and will not be liable should coverage not be available during the Booking.
- Vehicles must be parked in designated parking areas and not on the grass or lawns.
- Vehicles not able to park on the designated areas must park in public street parking off the Property.
- SWIMMING POOLS/SPAS
- Any pools or spas are only for use by the Guest and approved visitors staying in the Property.
- The pool and spa must be used in a manner and during the hours set out in the Owners Compendium.
- Children are not permitted anywhere near a pool or spa unless supervised by a competent adult.
- If a cover is over the pool it is closed for use due to the season, repairs and maintenance and must not be used under any circumstances.