Terms & Conditions
Short Stay Rental Accommodation Local Law 2018
The Code of Conduct creates a standard of management that must be adhered to under the Local Law. For further information and a copy of the Code of Conduct click on this link.
Mornington Shire Council
The local law regulates and manages the ongoing use of short stay letting to reduce the impacts on permanent residents and residential amenity through a local management framework and code of conduct for guest behaviour
Code of Conduct for Guest Behaviour – click here
Your obligation:
You confirm that prior to making a booking of our Propertiy you have read and understand the applicable Code of Conduct and that you agree to fully comply with your obligations under the Code.
1. General
Rates for our Property is per night – for the standard number of people that it can sleep. Visitors of the Guests are not permitted on the Property or common areas between the hours of 9pm and 8am. Charges will apply for any damage or repair and/or replacement of all or excessive cleaning. Owner Management reserves the right to cancel the booking to the dwelling. All bookings are subject to the availability of the property. You must be at least 18 years of age to book our property on our website. Owner Management does not accept liability for any errors or omissions on our website. We make every effort to ensure all information is accurate, Guests agree that all information given by them for the booking is true and correct. Credit card details must be the same as the Guest booking the accommodation. Any alterations and/or extensions to bookings are subject to availability and may attract a fee of $90.00.
We accept normal wear and tear on the accommodation, if however, there are damages due to, but not limited to, (or excess cleaning required), cigarette burns and marks, damage and stains to soft furnishings, broken crockery and glass or damage by Guests etc. we reserve the right to deduct the costs of these from the credit card account holder of the Guest should this be necessary.
Renovations/ Building Works
Land and buildings, throughout the area are continuously being renovated or subject to building works. This is beyond our control and the owner Management cannot be held accountable for what other properties owners do in their properties.
No responsibility will be taken for disturbances or inconvenience caused by these works.
OWNER MANAGEMENT HAVE A VERY STRICT NO PARTY POLICY WHICH ALSO INCLUDES
VISITORS OF GUESTS.
Our local residents and immediate neighbours are very sensitive to disturbances and will not be tolerated – this includes conversing late into the night on the balconies. Guests must respect the peaceful nature of the location. Breach of these conditions may result in immediate cancellation of the booking.
2. Payment Information and Guest Service Fee inclusions
For all bookings, 50% of the tariff plus administration fee, is required as a deposit to confirm the booking and is payable at the time of the booking. Balance of all outstanding monies is due thirty (30) days prior to your arrival, with the exception of Peak Season Bookings (1st November to January 31st), where the balance is due on or before 1st November.
For direct bookings with Owner Management the credit card used to pay your deposit will be saved (via Secure Pay, CBA or similar licenced e-merchant provider) and used to process any balance payment owing on the date that this balance is due. You will receive a reminder email seven days prior to your card being charged. This saved card is also used as security during your stay (there is no money held or taken from the card and we would contact you if there were any damage or excess cleaning charges resulting from your stay).
There is a transaction fee on all transactions, incur a fee of 1.9% of the total transaction value and is non-refundable. this transaction covers all fees incurred from once the reservation is made that relate to disbursement of the funds to the many different parties that have a role to play fulfillment of the reservation(s). The following are examples of the many elements of the transactional journey include but not limited to: Gateway processing fees, e-merchant fees, administration coordination fees, recolication administration fees etc.
All bookings are inclusive of guest service fees that may include: booking fee, code of conduct administration fee, distribution and pricing optimisation fees, initial starter packs, linen and vendor administration fees, owner management assisted and 3rd party technology fees, online travel agent commissions, distribution and channel manager fees, incidental damage fee etc. these fees can change without notice. Each fee can be a set fee incorporated within the reservations or can be a percentage calculation of the reservation or a blending of these two dissimilar options.
All bookings can attract further charges for outside of the normal terms and conditions as outlined on this website. These extras charges are for further services such as: firewood and the delivery of; organising, managing, pre-inspection, team travel times prior and during your arrival; extra linen, extra beds & bed makes; conducting any of these services on weekends and or public holidays.
Extra Person Fee: advertised tariffs cover a standard amount of occupants. Without exceeding the maximum occupant limits an extra pax fee of $50.00 per person applies
As part of your booking, you accept the responsibility of:
a) ensuring the dwelling keys are secure and returned to the relevant safety box located near the front gate. In the case that you loose the Property keys you are liable for their replacement and the replacement of the Property locks.
b) Further charges for excess cleaning, garbage removal, damage within the Property and its lands. The charges relating to points a) and b) will be taken from the credit card that secured your booking or by a credit card that you may provide.
3. Cancellations –
If you cancel your accommodation the following policies apply -:
(a) Bookings made direct that are within 30 days prior to day of arrival date are non-refundable.
(b) Bookings cancelled at least 30 days prior to the Guest’s arrival date is refundable less a cancellation fee of $200.00.
(c) Booking cancelled less than 30 days from the Guest’s arrival date are non-refundable.
(d) Bookings for and within the Peak Holiday Period between 1st November to January 31st are non refundable.
General cancellation conditions for all locations;
If you shorten your stay, the unused portion of your rental is not refundable.
(a) Any bookings made via an online travel agency, for example but not limited to, Stayz, Booking.com, Airbnb or any other booking provider will be subject to that other provider’s terms and conditions in addition to these Terms and Conditions as applicable. If you cancel any booking made through Stayz, Booking.com, Airbnb or any other booking provider you may be required to pay further fees to those providers pursuant to their cancellation policy.
(b) Any costs imposed by any other provider are in addition to any costs imposed by the Owner Management.
(c) Please be aware, from time to time, bookings made via an online travel agency, may appear to be confirmed by the online travel agency however are not confirmed with owner management due to the online travel agencies inconsistent syncionisation with a channel manager, in this case you – the guest will have to communicate directly with the online travel agency to seek further accommodation. Owner Management will endeavour to aid however we cannot step in between you-the guest and the online travel agent. You will need to find alternative accommodation.
Functions
The property is for residential accommodation only. Functions of any sort are not permitted and penalties apply. Any type of function, party, wedding or get-together will incur a fee of $5,000
4. Check in Times and Key Collection
Check in is from 3pm on the day of your arrival and checkout is at 10am on the date of your departure.
Please also ensure that your keys are returned to the same location by 10am on the day of your departure.
Late departures will incur a $75.00 fee.
5. Linen
Bed linen and bath towelling are provided. Blankets and/or doonas and pillows are supplied in the Property. Tea, coffee, sugar, washing powders, soap, shampoo, toilet paper, tea towels and other items are generally supplied.
6. Use of the Property & Eviction
The Property is a residential dwelling within the local community. The Property is to be used strictly as a holiday dwelling by the Guests and the number of occupants must not exceed the maximum set by the owner Management. The Property is not to be used for any other purpose or by any greater number of occupants. The use of the Property for a function, party or other like gathering is strictly prohibited. If you use the Property for a function, party or other like gathering:
(a) Your stay at the Property will be terminated;
(b) All Guests and other occupants of the Property will be removed from it by our Security Contractors and/or local Police (if required);
(c) All monies paid will be forfeited. In addition, the Guest agrees to pay for the cost of the Security Contractors, Police noise abatement orders and noise pollution fines imposed by Council.
7. All Properties Privately Owned
The agreement to rent this Property is between the owner of the Property and the Guest. The Owner Manages this private property and is rented on a fully self- contained, un-serviced basis. In most cases the owner of the Property also uses the Property.
Subject to Change
We accept bookings in good faith as the owners of the property and these bookings may be subject to change.
We cannot be held responsible for circumstances beyond our control. That is, if the property is sold or withdrawn from the rental market; the property is altered in any way; or the owner wants the property for their own use; or another bona fide reason.
8. Property Description
Owner Management describes the premises, position and furnishings to the best of their ability and in good faith. Images of the Property in any brochure or on any website are to be taken as a general indication of the appearance of the Property, for example it is possible that furniture has been replaced or moved. No responsibility or refunds for minor or non- material differences will be accepted. In the event of minor faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner to compensate or discount.
9. Property Tariffs
Please note that every effort has been made to maintain accuracy of the property tariffs, however Owner Management reserves the right to correct changes and adjust prices from time to time as errors may occur. You will be advised of any adjustments to prices as soon as practicable. Rules may also apply at different times that dictate the minimum number of days for a particular rate to apply, or that require arrival on a particular day of the week with weekly bookings etc.
10. Internet Connection, TV Reception, Foxtel or any other streaming service
The operation of any internet connection during your stay is not guaranteed and may be disrupted or unavailable. The Guest will not hold the owner liable for the availability or disruption in any internet connection. TV, Netflix and any other streaming service reception in the area can be unreliable in times of high wind or storm. Depending on the location of the Property there may be low signal strength. The Guest will not hold the Property owner liable for any disruption internet, TV or Netflix or any other streaming service reception.
11. Bad Books Register and Schoolies or “Party” Bookings
Owner Management participates in bad books registers. (in addition to the Register established under Legislation and Local Law). By accepting this booking you hereby agree that if you or any occupant covered by this booking, including any Guests, breach these Terms and Conditions, your Name, Phone Number and Email address along with details of the breach/breaches may be registered and disclosed with any bad guests registers and/or disclosed to the owner of the Property and/or any other agents or persons participating in any bad book register.
Owner Management reserves the right to refuse or cancel a booking where a Guest may be registered on a bad book register.
Any Guest found to be hosting a party or over-crowding the Property will be immediately evicted without refund.
Any booking found to be a “schoolies” booking may be immediately cancelled and evicted without a refund, whether any other terms and conditions are breached or not.
12. Pools and Spas
Use of the swimming pool and/or spa by the Guest occurs or any occupant must ensure the supervision of children and others. Please note that no pets will be allowed in the pool or spa areas.
Guests are required to bring their own pool and spa towels.
13. Inspections & Repairs
If Owner Management believes that these Terms and Conditions may have been or are being breached, Management may inspect the Property at any time during your stay without notice. Management may also affect entry to carry out emergency repairs without notice. At all other times during your stay
Management will provide 24 hours’ notice of any inspection that may be required for maintenance or other management reasons.
14. Pets
Pets are only allowed where specific arrangements have been made PRIOR to arrival. In those instances:
There is a Pet Levy of $50 per pet, a pet-friendly property.
Please bring your own bedding and bowls for your pets
Do not allow pets on bedding and furniture
Do not lock pets inside while you are out. We do not take responsibility for pets left in courtyards or fenced garden, you must do so at your own risk.
Constant barking and/or howling is not acceptable and will not be tolerated under any circumstances and may result in the termination of the booking.
Please check the courtyards and garden areas thoroughly before you leave and clean up any mess left by your pets. Failure to do so will incur additional charges.
Your pets are an extension of you. You will be charged for any damage at the property including damage to plants, driveways, irrigation systems, hoses, outdoor furniture etc caused by your pets.
Excessive cleaning of hair on furniture or bedding may also incur a cost.
15. Cleaning and Garbage
Garbage bins are provided with the Property. Please ensure that all garbage is removed from the Property and placed in bins provided. Please read the sign in the Property for garbage collection day. You are required to place the bin on the kerbside for collection with the handle facing the Property. Any excess garbage can be taken to the local Transfer Centre or such other waste facility notified by us to the Guest. If you leave excess garbage in the Property or on its land you will be required to pay additional cleaning and garbage fees. These fees will be taken from your credit card you provided when booking the Property.
16. Number of occupants and vehicles
The Property is equipped for a specific number of Guests. No additional mattresses, tents or caravans, or more cars than the Property accommodates are allowed. If the Property is reported to be overcrowded the tenants will be asked to vacate with no refund made. If required, we can arrange cots for young children at an additional charge.
Parking of vehicles should only be parked in spaces provided with the Property. Any additional vehicles MUST NOT be parked on nature strips outside of the Property.
17. Optional Linen Hire and Bed makes
For our property the guests are not required to bring their own sheets and towels and making of the beds as the price is included in the initial booking for the duration of the stay.
18. Discounts
In the event of minor faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner to compensate or discount.
19. Indemnity
To the extent permitted by law, the owners of the Property are not liable for any injury, debt, damage, loss, delay, expense or inconvenience arising out of or in connection with a booking at the Property or your use of this website caused directly or indirectly by events beyond the owner of the Property’s control. No responsibility is taken for Guests personal property left on or near the Property. It is strongly recommended that Guests take out personal property insurance or adequate travel insurance should any unexpected situations arise before or during your travel period.
You agree to indemnify and hold harmless the owners of the Properties against any claims, losses, damages, fines, penalties, legal costs or other costs or expenses of any kind, brought by third parties arising out of or in connection with your use of the Property (except to the extent directly caused or contributed to by Athe owners of the Property) or any breach of these Terms and Conditions.
20. Damage and Breakages
All Guests are responsible for any loss or damage arising from accidental breakages or other damage to the Property or common areas during their stay, including any additional cleaning, removal of excess garbage, repairs or replacement of items in the Property. Please respect the Property and any items within the property and do not move furniture around. A fee may be charged should this occur. Any inventory items that cannot be immediately identified will be charged as a replacement to you.
21. Liability
To the extent permitted by law, owner Management is not liable for any losses or damages caused by this website or any website linked to or from this website. We reserve the right to refuse any order without giving a reason. Upon cancellation of an order, we will make all reasonable attempts to contact you using the details provided. Subject to these Terms and Conditions, following cancellation of an order all received monies will be refunded using the method received.
22. Wildlife
The Property is cleaned regularly, however wildlife is common in regional and coastal areas. The owners of the Property do not accept liability nor will any compensation be offered for unfortunate visits of any wildlife including, but not limited to, rodents, insects, cockroaches, kangaroos, magpies, snakes, etc.
23. Lost Keys
If keys containing the Property address are lost the Guest will be responsible for the changing of the locks and the cutting of 6 new sets of keys. Likewise, the replacement cost of any lost remotes, tags or fobs will be charged to the Guest. The keys are your responsibility so please take care of them.
24. Lock Outs
Should a Guest lock themselves out of the Property during office hours, they may contact Owner Management who will make every reasonable endeavour to provide spare keys at no cost. Should a guest lock themselves out of the Property outside business hours, a locksmith service or after hours security will be engaged to affect entry. The Guest will be liable for any and all costs involved in gaining entry to Property.
25. Security and Break Ins
All Guests are responsible for keeping the Property secure during their stay and will be responsible for any theft or damage to the Property due to neglect in this area. It is important to ensure all windows and doors are closed and locked prior to departing the Property.
26. Lost Property
If requested, we will endeavour to recover and return items of value inadvertently left at the Property but take absolutely no responsibility for their recovery or return. Postage, packaging and the cost of sending out a staff member to search for the item will need to be paid in advance; a minimum cost of $20.00 applies. Items found and delivered to us by the Property cleaners will be held for claiming for a maximum of 2 weeks and if not claimed will be disposed of.
27. Property Refurbishment
In the case of refurbishment or Owner’s instructions, tariff rates may be subject to increase without notice. Should this occur you will be notified and given the opportunity to pay the difference in tariff or receive a full refund of your deposit. We will also offer you alternate accommodation if possible. We cannot guarantee accommodation and, should an alternative not be found, you will be refunded in full, and you agree to accept this as final resolution.
28. Unnecessary Call Outs
Should a tradesperson be sent out upon your request to carry out a repair that was unnecessary, the cost of the callout will be charged to you. Common examples include not correctly operating televisions, ovens and washing machines.
29. Sale of the Property
When a booking is made, the deposit is accepted by the Owner of the Property at that time. If the Property is sold and the ownership changes before the commencement of your booking, we cannot guarantee that the Property will remain available. Some owners will keep the Property as a holiday rental, in which case your booking may not be affected. However, if the owner decides to move into the Property or not rent the Property it will no longer be available. If the Property is sold, we will notify you as soon as practicable.
30. Governing Law & GST
The State and Territory Legislation where the Property is located governs your use and occupation of the Property during this reservation. All amounts indicated in this section include GST. Owner Management acts on their own behalf, and as such no GST is charged in relation to the supply of accommodation. Accommodation services are provided by the owner of the Property as residential accommodation and acting as Letting Agent. The supply is input taxed in accordance with the Australian Tax Office’s GST ruling 2000/20 sections 51 to 61.
31. Smoking
Smoking is NOT PERMITTED within the house, our property is smoke freezone.
Any evidence of smoking or butts within the house or within the grounds and garden, will incur an additional cleaning fee of $40 and will be deducted from the security Bond.
32. Third Party Websites
If you have booked through a third-party website the terms and conditions prescribed on that booking channel will override the conditions set out above.
It is your responsibility to be conversant with any third-party terms and conditions not the owner Management.
NOTE
The owners reserve the right to alter, cancel or change any of these Terms and Conditions as a result of changes in the holiday market, changes in Legislation, the requirements of Property owners, or a Body Corporate at any time without notice.
● These Terms and Conditions have precedence over any other communication, written or otherwise
● The applicable laws governing this agreement shall be the laws of the State of Victoria and Australia and, in relation to any dispute, the parties agree to submit to the exclusive jurisdiction of any competent court in the State of Victoria
● To the extent permitted by law the Guest releases and forever discharges the Owner, including their heirs, assigns, beneficiaries, employees, contractors and agents from any and all claims, demands, liabilities obligations, causes of action, loss, damage or injury whatsoever whether to property or person arising out of or in connection with this agreement and the Guest’s use and occupancy of the Premises.
● The Guest also assumes all liability for and will hold the Owner harmless from and against any and all claims, demands, liabilities, obligations, causes of action, loss, damage or injury whatsoever whether to property or person claimed by any licensee, invitee, employee, contractor or agent of the Guest upon the Premises during the Guests’ occupancy.
33. Securiry Cameras
There are no cameras inside of property. We have cameras outside front of property for our security reason. Please do not touch or alter for any reason.
34. Environmental and Natural Conditions Disclaimer:
The holiday owners shall not be held responsible for any environmental or natural conditions, including but not limited to the presence of animals, storms, cyclones, wind, rain, humidity, moisture, sand, or waterlogged decks. Guests acknowledge that these conditions may occur during their stay, and its holiday owners shall not be liable for any inconvenience, damage, or loss resulting from such environmental factors. It is the responsibility of guests to take necessary precautions and safeguard themselves and their belongings against any adverse conditions arising from the environment.
35. Disclaimer:
Owner Management has endeavoured to maintain the accuracy of the content of this site, however from time to time aspects may be out of date. Certain information is provided by property owners and Strata Managers and for that we accept no responsibility for its accuracy. The owner Management and its representatives make no warranty express or implied including, but not limited to, the warranties or merchantability, specifically disclaims any other warranties, guarantees or promises, whether or not stated in full in this document.