2 L'Abode Accommodation Pty Ltd (‘’L'Abode Accommodation ’’) acting on behalf of the owners of the property [guest:account_owner]
(a) L'Abode Accommodation is authorised by the owner of the Accommodation to let the Accommodation to the Guest. These terms and conditions apply between the guest and L'Abode Accommodation relating to the occupation of the Accommodation by the guest.
(b) The guest [booking:name] is granted a licence to occupy the Accommodation during the agreed period (‘’Licence Period’’) as set out in the Booking Summary. The guest is not a tenant of the Accommodation and has not been granted exclusive possession of the Accommodation.
2. BOOKING AND CANCELLATION
(a) Booking - No booking is confirmed until L’Abode Accommodation has received both the signed Registration Form/Terms & Conditionals agreement and the full payment for the booking. Payments can be made via bank transfer or credit card.
(i) To book the Property, we require that you pay an initial deposit (the ‘’Initial Deposit’’) of $100 upon booking, within 48 hours an additional 10% of the full booking tariff followed by a balance payment (the ‘’Balance’’) to be paid at least 60 days prior to your specified arrival date.
(ii) If you make a booking within 60 days from your specified arrival date, you must pay the full amount at time of booking.
(iii) A $500 refundable Security Bond is also required to be paid prior to your arrival to cover any incidental breakages or other costs incurred as a result of your tenancy. This Security Bond will be refunded to you within 14 days from departure of the property, pending a satisfactory final inspection of the property by the property owners or their representatives following your departure.
The Guest acknowledges that the bond shall be deducted from the nominated credit card, prior to the Guest being alerted, for any extra cleaning, breakages, loss or damages to the Property or its surrounds, breach of terms and conditions or any additional fees incurred as stipulated in this agreement. Individual Owners may require additional up front security deposits for their Property.
(iv) Once the Initial Deposit or full payment has been received, you will receive an email confirming your Booking. The contract between us will only be formed when you receive the payment confirmation email and is subject to these Booking Conditions.
(v) You should carefully check the details of your Booking before making a payment, as well as the confirmation email and inform us immediately of any errors or omissions.
(b) Payment Terms
(i) Where you have only paid an Initial Deposit, you are required to send to us your payment for the Balance and the Security Bond at least 60 days prior to your arrival date. If you fail to make a payment due to us in full and on time we may treat your Booking as cancelled by you.
(ii) The Security Bond may be used for any repair and/or replacement of the Property, furnishings, fixtures and fittings, any excess cleaning that may be necessary after your stay or payment of penalties for overstaying or breach of house rules. We will return the Security Bond to you following your departure, less any deductions in accordance with the conditions listed above.
(c) Cancellation and Amendments – if caused by You
(i) If you need to cancel or amend your Booking, please notify us as soon as possible. A cancellation or amendment will not take effect until we receive confirmation in writing or via email from you.
(ii) If you elect to cancel your booking, money paid is not refundable unless the property is re-let for the entire period. If a refund is made due to the property being re-let, then a $400 + GST administration fee will apply.
(iii) If you amend your booking giving us at least 90 days notice, we will be happy to assist you in changing the dates for your accommodation (subject to availability – additional costs may apply if rates differ). If less than 90 days notice is given of your wish to amend your booking, we will be happy to assist you, however, any fees paid for your original booking will not be transferred to your amended booking until such time that the property has been re-let for the dates originally booked.
(iiii) In the event that the guest cancellation is 2 months prior with the booking amount paid in full and also applies if the guest cancels after the arrival at the Property a 100% cancellation fee will apply.
(d) Cancellations and Amendments – if caused by Us
(i) The owners will make every effort to ensure the property is available as booked. However the owners reserve the right to make alterations to bookings due to unforeseen circumstances (eg fire, flood etc). We would not expect to have to make any changes to your booking, but sometimes problems occur and we may have to make alterations or, very occasionally cancel bookings.
(ii) If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your Booking. If we cancel your Booking, we will refund you any fees you have already paid to us. However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).
(iii) The Owner reserves the right to cancel a booking at any given stage issuing a full refund to the Guest if L’Abode Accommodation cannot find a suitable alternate accommodation for the Guest.
(iiii) L’Abode Short Term Accommodation Specialists reserves the right to terminate any booking and immediately eject any Guest from the Property for failure to comply with the Terms and Conditions of their booking, in which case there would be no refund of any monies paid and an automatic charging of the security bond on the Guest’s stipulated credit card.
3. FEES AND CHARGES
(a) You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction you also agree to discharge the cost of any damage to the Accommodation or contents and to pay any fees in relation to overstaying or breach of house rules.
(b) The Accommodation Fees set out in the Confirmation of Booking are for Accommodation only. No additional services which you may book through L'Abode Accommodation are included.
(c) By accepting these terms you agree to pay the Accommodation Fees in full and you authorise L'Abode Accommodation to collect the full amount referred to in the Booking Summary immediately. If you fail to turn up to a booking or check-in then you will be responsible for the entire Accommodation Fees for the booking (and you hereby authorise L'Abode Accommodation to deduct such sums from the credit or debit card details which you supplied when making the booking).
(d) All transactions are processed in Australian Dollars.
(e) All fees and charges will be collected by L'Abode Accommodation and will be inclusive of GST.
4. SECURITY DEPOSIT
Prior to the commencement your stay at the Accommodation, L'Abode Accommodation will deduct an amount from your credit or debit card by way of security deposit and L'Abode Accommodation will be entitled to make deductions from this credit or debit card in the event of any damage to the Accommodation or its contents or in the event of late check-out or overstaying.
The check-out time at the Accommodation is as stated in the Booking Confirmation. Unless you have agreed a late check-out with L'Abode Accommodation or a further period of occupation then you will be responsible for a full day's Accommodation Fee for any overstaying. If you overstay by more than 2 hours then we reserve the right to enter the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary (and we will charge you for the costs of any such action) you will also be liable for an additional fee of $1,000 per day (or part thereof) for any unauthorised overstaying.
6. SAFETY AND CONDUCT
(a) You have primary responsibility for your own safety during your stay at the Accommodation. You must read any fire or health & safety guidance included in the Guest Information Book at the Accommodation and you must listen to any instructions or explanations which are provided by L'Abode Accommodation’s staff when showing you around the Accommodation.
(b) If you become aware of anything during your stay which you believe is a health & safety risk you must inform L'Abode Accommodation immediately.
(c) You must comply with the House Rules and you must also comply any building regulations and any reasonable directions of L'Abode Accommodation.
(d) You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time together with such number of additional guests whose names are specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. L'Abode Accommodation will not allow any person other than the person named in the Booking Summary to access or occupy the Accommodation.
(e) The Booking Summary may specify the maximum permitted number of guests who are authorised to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation you will be liable to pay a supplement of up to $500 per night in respect of each unauthorised guest and the rental may be terminated immediately.
(f) In addition to complying with the Membership Rules and House Rules and all reasonable directions you also agree that you will:
(i) keep the Accommodation clean, tidy and clear of rubbish and leave the Accommodation in the same condition as you find it;
(ii) not keep or take any pets or animals into the Accommodation (unless otherwise agreed in writing;
(iii) not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach in whole or in part any insurance effected in respect of the Accommodation from time to time;
(iv) if the Accommodation is part of a building or complex with common property, not obstruct or leave any objects or waste in any common property;
(v) not leave any obstruction outside of the Accommodation;
(vi) not to do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to L'Abode Accommodation or to tenants or occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
(vii) not conduct any illegal or immoral activity from the Accommodation;
(viii) not conduct any business or commercial activity whatsoever from the Accommodation;
(ix) not make any alteration or addition whatsoever to the Accommodation or its contents;
(x) not use the Accommodation for any purpose other than for personal accommodation;
(xi) not invade the privacy of L'Abode Accommodation or the owner nor publish or reveal anything which might allow a third party to identify the address of the property or the identity of L'Abode Accommodation (even if such information is already in the public domain);
(xii) not to have a party or gathering without the consent of the owner first being obtained.
(g) Parties are strictly prohibited without prior written consent of the property owner. If you breach this condition, or any other House Rule as displayed at the property during your stay, will be instant loss of bond and will also be evicted without notice and without refund or credit for any nights unused.
(h) You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape or obviously closed / locked off.
(i) You hereby indemnify L'Abode Accommodation and the Owner in respect of any costs, claims, liabilities or expenses suffered or incurred by L'Abode Accommodation (or their agents) in respect of any breach of this clause 6.
7. PROPERTY DAMAGE
(a) You must notify L'Abode Accommodation of any damage to the Accommodation, contents fixtures or fittings which occurs during your stay, even if you regard the damage as fair wear and tear or if you do not believe the damage is your fault.
(b) If you do not notify L'Abode Accommodation of any such damage you will be fully liable for such damage on a full replacement basis.
(c) Any deductions for property damage will be taken from the credit or debit card details you have supplied and/or on which we have pre-authorised an amount as a security deposit but for the avoidance of doubt you will be liable for the full amount of any damage and not just the amount pre-authorised by way of deposit.
(d) If any key to the Accommodation is not returned upon check-out, you will be charged for changing all related barrels and a full set of new keys.
8. LIABILITY AND CLAIMS
To the extent permitted by law L'Abode Accommodation
(a) will not be liable to you for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the rental (whether such loss arises as a result of L'Abode Accommodation's negligence or otherwise).
(b) L'Abode Accommodation's liability for all losses (with the exception of personal injury or death arising as a result of negligence) will be limited to the cost of obtaining replacement accommodation for the agreed Licence Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount.
(c) Nothing in this clause limits or excludes the liability of L'Abode Accommodation for death or personal injury arising as a result of their negligence or the negligence of their agents or employees.
(a) You agree that you have the power to enter into this Licence
(b) You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you owe to L'Abode Accommodation against any amounts that that may be owed to you.
(c) L'Abode Accommodation will be entitled to sub-contract or delegate their obligations under this Agreement.
(d) L'Abode Accommodation will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond its reasonable control.
(e) These terms and the Booking Summary represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
(f) The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a Court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
(g) These conditions are governed by and construed in accordance with the laws of NSW. You agree to submit to the exclusive jurisdiction of the NSW Courts.
(h) If you breach these terms and conditions and L'Abode Accommodation decides to take no action or neglects to do so, then L'Abode Accommodation will still be entitled to take action and enforce their rights and remedies for any other breach.
(I) BOOKINGS and PROMOTIONAL INFORMATION
This booking form is issued subject to any prior booking or sale of the Property, with the Guest acknowledging that L’Abode Accommodation has used it’s best endeavours to maintain the accuracy, currency and correctness of all advertising materials and information given to them with respect to the Property, however nothing in those materials shall be treated as a term or condition of this contract and details are subject to change without notice.
L’Abode Accommodation invites Guests to inspect the Property prior to the booking dates, at a time suitable to the Manager, as the Manager is not liable for and will not issue a refund to any Guest who is not satisfied with or does not consider the Property booked to be suitable as result of any difference of opinion as to the condition or quality of the premises, the surrounds, nor for any temporary defects or stoppages of any utilities. Properties may not appear exactly as pictured or described due to normal Property wear and tear, a change in furnishings or any other changes that may have occurred after the advertising materials were published.
L’Abode Accommodation will not accept any responsibility for any matter or occurrences beyond the Manager’s reasonable control including (but not limited to) damage caused by extreme weather conditions, breakdown of appliances, wiring, plumbing, invasion of pests or noise disturbance.
Booking extensions will not be permitted on the day of departure and must be organised with the Manager before the checkout date.
The Guest must immediately (within 24 hours) notify L’Abode of any complaint or problem with the Property, should there be one, and allow the Manger a reasonable amount of time to remedy the problem or find the Guest suitable alternate accommodation if the problem cannot be resolved within a reasonable amount of time. The Manager must use discretion in deciding the severity and outcome of the complaint or problem. Failure to notify L’Abode will void any claim following the booking period and vacating the Property does not constitute an adequate cause for the Guest to be refunded.
(K) GUEST TRAVEL INSURANCE
L’Abode Accommodation strongly recommends that the Guest purchase a comprehensive travel insurance policy with a reputable insurance company to cover any unforeseen circumstances that may arise and prevent a Guest from travelling. This includes (but is not limited to) accident, ill health or misadventure that is beyond the Guest’s reasonable control, as once the booking has been confirmed the Guest is liable for the full booking payment and the monies will not be refunded whether the Guest stays at the Property or not.
(L )GUEST RESPONSIBILITY
Please inform L’Abode Accommodation of any damaged or missing items upon arrival to the Property.
The Guest shall be liable for any wilful loss or damage whatsoever caused by the Guest to the Owner’s Property. The Guest is responsible for ensuring that the Property is left in a reasonable condition of cleanliness and in the same condition of repair as it was upon arrival. The cost of any repairs, replacements or fixes shall be up to the discretion of the Manager where necessary. Any damage or breakages to the Property shall be reported to the Manager as soon as practice after the damage has occurred.
No liability is accepted for any injury, debt, damage, loss, delay, expense or inconvenience caused directly or indirectly to any Guest or their personal belongings, baggage, vehicle and other Property whilst staying at the Property. Neither the Owner nor L’Abode accepts any responsibility for any events beyond the Manager or Owner’s control that are not caused by defaults or neglect by the Manager or Owner.
The Guest acknowledges that the use of any of the Properties facilities (swimming pool, outdoor spa, tennis court or the like) which may result in injury, loss or damage to the Guest or their Property is the Guest’s responsibility and the Manager and Owner will not accept any liability arising thereof.
(N)mCLEANING AND LINEN HIRE FEE
The quoted cleaning and linen hire fees are compulsory for every booking and are as quoted by L’Abode at the time of booking. This fee should be taken into consideration in addition to the nightly tariff when booking the Property and covers all bedding linen, bathroom linen (we do not provide beach towels) and the clean of the Property after you check out.
(O) ARRIVAL AND DEPARTURE
Unless otherwise agreed, check in is after 2 pm on the day of arrival. Check out of the Property is 10am. We will provide the guest access instructions prior to arrival.
Should the Guest require an alternate arrival/departure time, please contact L’Abode ahead of time, as failure to do so will result in the Guest being charged additional accommodation tariffs.
Please contact the Manager to arrange where the keys are to be left should Guests be departing outside of office hours. Failure to do so may result in the Guest incurring a locksmith call out charge.
Key duplication is strictly forbidden; if spare keys to the Property are required please contact L’Abode.
Any call outs, outside of office hours will incur a $150 call out fee.
(P) PROPERTY RULES
Noise: Legislated noise pollution controls shall prevail at the Property and Guests are obligated to comply with any Body Corporate rules and regulations (where applicable) and not create or permit any noise or nuisance, which is likely to interfere with the peaceful enjoyment of any other person occupying adjoining premises.
Smoking: Smoking is not permitted inside the Property.
Pets: The Property does not permit pets unless specifically authorised in writing by L’Abode and the Owner of the Property.
Parking: Guest shall only park cars in areas specifically identified for Guest use by the Manager. Any additional vehicles, boats and the like are to be parked outside the Property grounds.
Property Items: The Properties managed by L’Abode are Owner’s homes. Items will be left for Guests to use throughout their stay (e.g. pantry goods, kids toys, sports equipment etc) with items not for use locked away at the Property. Guest’s are to respect the Owner’s desires and not use items that have been purposefully and obviously locked away and/or covered up and are not for Guest use.
Furniture: Furniture is not to be moved at the Property and no item from the Property is to be removed from the Premises. Only outdoor furniture is to be used outdoors.
Garbage: Guest’s are to maintain all bins are lined and rubbish to be placed in the bins provided. Guests will be charged $150.00 per excessive bag/box of rubbish not removed from the premises at checkout and fish is not to be cleaned on premises.
In accordance with Section 18n(1)(b) of the Privacy Act the Guest authorises L’Abode to give information to and obtain information from all credit providers. The Guest understands that this can include information about their credit worthiness, credit standing, credit history or credit capacity. The Guest understands that this information may be used to assess their application.