DEFINITIONS
”RESERVATION”
means the period a prospective Guest has requested to stay at the Property, but has not yet secured.
”BOOKING”
means the period a Guest has paid to stay at the Property.
”DEPOSIT”
means the monies a Guest has paid to the Booking Agent to secure the Booking.
”SECURITY BOND”
means the monies a Guest has paid to the Booking Agent as security for any costs incurred by the Management or Owner attributed to any act or omission by the Guest or Visitor.
”PROPERTY”
means the Property and all its fixtures, fittings, furnishings and equipment.
“BOOKING AGENT”
means the person/entity duly authorised to manage the Property (Luxury Breaks South West).
”GUESTS”
means the persons who stay overnight in the Property during the Booking.
”VISITOR”
means the person a Guest permits to visit the Property during the Booking.
ACCEPTANCE AND RESPONSIBILITY
All Bookings are accepted on the basis that Guests have read in full, understand and agree to abide by these Terms and Conditions. Guests acknowledge that payment of the Deposit confirms acceptance of these Terms and Conditions.
SHORT STAY RENTAL CONTRACT
The Guest acknowledges that the rental contract they are entering in to is between the Guest and the Owner of the Property. The Guests acknowledges that Luxury Breaks South West (the Booking Agent) acts as Agent for the Owner.
DESCRIPTION OF THE PROPERTY
Guests acknowledge that information provided by the Booking Agent regarding the Property is limited and the Booking Agent has endeavoured to ensure that all details provided are as accurate and up to date as possible. All information and details of the Property provided by the Booking Agent in any brochures or advertisements is believed to be true and correct at the time but is subject to change without notice. The Booking Agent does not accept responsibility for any changes to the Property that is beyond the Booking Agent’s reasonable control. This can include wear, damage by storms, breakdown of appliances or any act or omission on the part of the Owner which may result in accident, loss or injury to guest/s. If a Guest has any concerns with the Property at the time of Check-In, the Booking Agent is to be contacted immediately.
CLARIFICATION ON THE SUBJECTIVE DEFINITION OF LUXURY
Our Company Name is Luxury Breaks South West because we truly believe that any time spent in this beautiful part of the world is a luxury. Whether you are having break from the kids; a fabulous holiday with them; an extended family celebration; a getaway with friends; an escape from work or any other opportunity that brings you down south, we hope that you can really luxuriate in the peace and beauty of our surroundings. We wish you a happy holiday in this tranquil and idyllic coastal location where you can immerse yourself in nature; enjoy calm swimming beaches or wild surf spots; majestic forests and a plethora of renowned tourist attractions. We offer it all. However we remind you that you have chosen to rent a privately owned holiday home. It is not a 5-star resort, and we expect that no two individuals version of ‘luxury’ are the same and sometimes expectations may vary. However, we can assure you that all of our homes are checked before each Guest check-in; our photos and marketing accurately and honestly represent the property; and all of our homes are professionally cleaned before each Guest check-in.
As these are privately owned holiday homes, sometimes things unexpectedly break down or other minor issues out of our control may arise, which will be attended to as a matter of priority by Maintenance Contractors or Cleaners. Whilst we will attend to any reasonable request and do whatever we can to meet your expectations, we unfortunately do not offer refunds for a change of mind once arriving at the property, or minor maintenance / cleaning issues; including but not limited to those instances whereby Guests have not allowed reasonable access to the property to rectify.
POWER OUTAGES / WIFI / APPLIANCES
Guests understand and accept that they are booking holiday accommodation in a seaside resort town and in peak season the number of visitors staying in the region puts pressure on the power grid and Wi-Fi/NBN capabilities. There may be limited and intermittent periods of power outage and lower Wi-Fi/NBN speeds or difficulty connecting. In the event of severe storms power supply and Wi-Fi/NBN capability may also be affected. If a major appliance (eg Miele Dishwasher) breaks down, the Booking Agent may not be able to engage specialist Contractors or parts required to repair prior to Check-Out. Where any such instance occurs it is beyond the Booking Agents control and the Booking Agent nor the Owner accepts no liability for any omission or occurrence beyond their control.
QUIET ENJOYMENT
Whilst we aim to provide you with a relaxing and peaceful stay in our Luxury Breaks South West properties, at times events and circumstances outside of our control may mean that your quiet enjoyment is interrupted. As you are staying in a privately owned property in residential zoning, at times neighbours may have their own guests visiting for parties, play loud music or be conducting maintenance / building on their properties etc. These circumstances are unfortunately outside of our control, and no refunds or discounts will be provided in these instances. As per the City of Busselton guidelines, any noise complaints at unreasonable hours should be reported to the Police for their action, and/or a call made to Luxury Breaks South West to try and remedy as best we can.
RESERVATIONS, BOOKINGS AND DEPOSITS
The Guest acknowledges that a Reservation is not guaranteed until written confirmation is provided by the Booking Agent. Upon Reservation a deposit of 20% of the total accommodation cost, including any additional charges, will be required to be paid within 48 hours of a Reservation being made. If the Reservation falls within the peak periods, a deposit of 50% of the total cost, including any additional charges, will be required within 48 hours of a Reservation being made. An addition 30% of the total accommodation cost, including any additional charges, will be required to be paid within 60 days prior to arrival. The balance of accommodation costs will be required to be paid in full 30 days prior to Booking. If the balance is not paid in full, the Booking Agent reserves the right to cancel the Booking and any monies paid will be forfeited. For any Bookings made less than 30 days of arrival date, payment is required in full. Where a credit card has been provided, payments due will be automatically charged without requiring further authorisation from the Guest.
RIGHT TO REFUSE OR REVOKE BOOKINGS
The Booking Agent reserves the right to refuse or revoke any Reservation/Booking at any time prior or during the accommodation period should any act or omission of the Guest or breach of the Terms & Conditions be deemed serious enough to warrant refusal/revocation.
SCHOOLIES BOOKINGS
Schoolies Bookings will not be accepted in any Luxury Breaks South West property. If it is found that a Property has been booked for this purpose, the Booking Agent will immediately cancel the Booking and the Guest will forfeit any rental payments made and will be liable for additional charges for security and other expenses incurred by the Booking Agent to resolve the matter and evict Guests from the property.
PAYMENT
Payments made online are processed using SecurePay and full terms and conditions can be located at securepay.com.au. When paying by VISA or MASTERCARD a surcharge of 2.25% will apply to the total funds transferred. Surcharge is non-refundable. To avoid the surcharge, funds can be submitted by bank transfer. Funds must be cleared by the required time frame to secure the Booking.
SECURITY BOND
A Security Bond of $1000 is payable for all Luxury Breaks South West properties booked through Booking.com, Homeaway/Stayz and Luxury Breaks South West direct. If the initial payment is made via credit card, the Booking Agent will retain credit card details on file and reserves the right to make additional charges in the event any rectifications are required upon your vacating the property. If payment is made via EFT an invoice will be supplied for payment of the Bond amount which will remain in trust until the property is vacated and the property is inspected to ensure left in suitably clean and tidy condition. In the event the property is not left in suitably clean and tidy condition the following charges may apply and will be either applied to the credit card or deducted from the bond amount retained.
Additional Cleaning Charges $50 per hour
Waste Removal if the bins are not left on the verge on collection day $75
BBQ Cleaning $50
Management Call Out for Key Access $100
Key / Controller Replacement or Lock Change Charges
An inspection will be conducted within 48 hours of your vacating and prior to the subsequent Guest Check-In. If the property is deemed to have been left in suitably clean and tidy condition any Bond amounts paid will be refunded within 7 days. Should there be issues a Notice of Rectifications Required will be supplied with a copy of relevant invoices, and the relevant amounts deducted or charged.
FAILURE TO PAY FULL ACCOMMODATION
Once a Deposit has been paid it is non-refundable and the Guest is liable for the full balance of the accommodation charges. If the full balance is not paid by the required date, the Booking Agent will attempt to contact the Guest but should no response or payment be forthcoming, reserve the right to cancel the Booking and the Deposit will be forfeit.
CANCEL A BOOKING
If a Guest wishes to cancel a Booking, the Booking Agent must be contacted as soon as possible at: bookings@luxurybreaks-sw.com.au. Bookings cancelled 60 + days of arrival date will receive 100% refund of any monies paid. Bookings cancelled within 30 to 59 days of arrival date will receive a 50% refund of the total amount of the booking. Bookings cancelled within 0 to 29 days of arrival date will receive no refund.
VARY A BOOKING WHERE DEPOSIT/ACCOMMODATION HAS BEEN PAID
If a Guest wishes to vary booking dates, the Booking Agent must be contacted as soon as possible at: bookings@luxurybreaks-sw.com.au. The Booking Agent will do everything possible to accommodate a Guest’s request however make no guarantees. Should the requested variation of dates not be possible, the existing Booking will remain in place. Bookings may not be transferred to other homes.
COVID-19 CANCELLATION
Effective Monday May 18th, 2020
In the event of WA border closures or mandatory hotel quarantine imposed for interstate travellers disrupting Guest travel plans, incoming Guests will be able to postpone their Booking with any monies paid held as a credit against the future stay. The subsequent Booking must be confirmed within 12 months of cancellation and take place within a further 12 months. Should the Guest elect not to postpone their Booking standard cancellation policy applies.
UNAVAILABILITY / OWNER CANCELLATION
If for any reason the Property becomes unexpectedly unavailable (eg. fire, damage, etc.) then the Booking Agent will immediately inform the Guest and will assist in booking alternative accommodation to a comparable value/standard. If suitable comparable accommodation cannot be located for the Booking period required, the Booking Agent will refund the accommodation fee in full. The Booking Agent’s responsibility is only to offer comparable accommodation to the same value as the existing Booking. Any additional charges to be the responsibility of the Guest.
UNAVAILABILITY DUE TO SALE OF PROPERTY
Guests understand and accept that a holiday property may also be made available for sale should the Owners circumstances dictate it be sold. Should an unconditional offer be accepted and the new Owners not intend for the Property to continue to be available for short term stays, the Guest agrees that their booking may be cancelled if another suitable property can not be found. The Booking Agent will inform the Guest immediately of the unavailability of the property by reason of Sale and will assist in booking alternative accommodation to a comparable value/standard. If suitable comparable accommodation cannot be located for the Booking period required, the Booking Agent will refund the accommodation fee in full. The Booking Agent’s responsibility is only to offer comparable accommodation to the same value as the existing Booking. Any additional charges to be the responsibility of the Guest.
CHECK-IN / CHECK-OUT
Check-in time is 2pm of the first date of the Booking, with Check-out time being 10am on the last date of the Booking. Any variation to these times must be requested 48 hours prior and will be subject to the Booking Agent’s approval. Additional charges may apply. In the event of back to back Bookings, the Booking Agent reserves the right to delay Check-In until 4pm on the day of Arrival. In this instance the Booking Agent will endeavour to allow a late Check-Out until 12 noon on the day of departure
PROPERTY KEYS
Guests are responsible for the safe return of all keys at the end of the Booking. If any keys are lost during the term of the Booking or not returned by the Guest, the Booking Agent reserves the right to charge the Guest the cost of replacement keys or if necessary re-keying of locks at the Property. If during the term of the Booking a Guest locks themselves out of the Property a $100.00 call out fee will apply for the Booking Agent to attend the property with replacement keys. If the Booking Agent is unavailable, a Locksmith will be called at the Guest’s expense.
CARE OF PROPERTY
During the term of the Booking the Guest will be responsible for the Property and must ensure a reasonable level of care and cleanliness. If the Guest permits any Visitors to the Property they will assume responsibility for their behaviour and any damage they may cause to the Property. No Visitors are permitted to stay overnight at the Property without prior approval of the Booking Agent. Any and all Guest belongings must be removed at the time of vacating the Property. The Booking Agent is not responsible for any items left at the Property and although the Booking Agent will endeavour to assist in returning them, we cannot guarantee their safe return. Guests will bear the cost of returning any left items. Guests are not permitted to remove any items from the Property at the time of vacating and any items removed will be charged to the Guest. Guests are responsible for the security of the Property and all furnishings and items contained therein during the course of the Booking and must ensure that all doors and windows are kept locked and secure. Keys provided must be kept safe at all times and all keys returned. If any loss or damage occurs due to negligence, costs will be charged to the Guest. This can include insurance excess claims, cost of replacement locks or other security measures.
All furniture in the Property must be cared for and returned to original position at the time of vacating the Property. If furniture has been moved, Guests will be charged up to $100 for moving furniture back to correct position. The Guest is responsible for all damage, breakages, theft, loss and charges that may be incurred during the course of the Booking at the Property.
CLEANING
Whilst a cleaning charge is included in the Booking tariff, it is expected that the Property be left in a suitably clean and tidy condition. If at the time of vacating, the Booking Agent deems the Property to be excessively dirty additional cleaning charges will be borne by the Guest at a rate of $50 per extra hour.
GARBAGE AND RECYCLING
Guests must ensure that all garbage and recycling is disposed of in the appropriate manner and in the appropriate receptacle and left for collection on the required days. Information on garbage disposal will be provided at the Property. If the bins are not left out for collection on the required days the Guests will be charged a fee of $70.
SWIMMING POOL AND SPAS
The Guest must ensure that any Swimming Pool or Spa is kept in good clean condition during the term of the Booking. No glassware or food is permitted in the Pool or Spa and Guests and Visitors are requested to shower before entering. A standard clean will be included as part of the vacate but if Pools or Spas are excessively dirty, additional charges will be incurred by the Guest for rectification.
DECK AND BALCONY AREAS
Guests are not permitted to hang any wet towels or clothes over the railing of balconies. Guests must not bring anything on to decked areas or balconies that may cause damage scratches or marks, including but not limited to scooters, alfresco furniture, BBQs without appropriate protection.
BBQ
Guests must ensure that they clean BBQs after use. Additional cleaning charge of $50 will apply for BBQs that are not adequately cleaned prior to Check-out.
GUEST ITEMS LEFT AT PROPERTY
If a Guest’s personal items are found at the property after departure, the Guest may choose to have the item/s returned via post. A $50 postage & handling charge will be incurred and is required to be paid prior to the item/s being posted. For bulkier/heavier items, an additional fee may be incurred.
LINEN AND TOWELS
Linen and towels are provided for Guest use. At the end of the Booking please leave linen on the beds and used towels in the bath tub for collection. Any excessive damage or staining to linen/towels will be charged to the Guest.
BROKEN OR MISSING ITEMS
The Property is checked by the Booking Agent before every incoming Guest; and again upon Check-out before the Housekeeping Team accesses the property. An inventory check of major items including linens is conducted for each Booking. If there are any breakages or furniture / household items/ appliances or linen missing the cost of repair or replacement may be deducted from the Security Bond.
PARTIES AND FUNCTIONS
The Booking Agent wishes to inform Guests that CCTV cameras may be installed at the entrances to Luxury Breaks South West properties. Parties & Functions are strictly forbidden at all Luxury Breaks South West properties. Shire regulations permit holiday homes to be rented for accommodation purposes only and not functions, parties or commercial gatherings.
If at any time during a Booking, a party or function is held at the Property, it will be immediately closed down. The Booking will be immediately terminated and Guests evicted from the Property. Accommodation fee and Security Bond will be forfeit. Guests are permitted to allow Visitors to the Property but no Visitors may stay overnight without prior approval by the Booking Agent. Any disturbance created that affects neighbouring property owners or occupants or excessive noise that results in police attendance, may result in immediate termination of the Booking and Guests evicted from the Property. Accommodation fee and Security Bond will be forfeited.
NOISE RESTRICTIONS AND ANTI-SOCIAL BEHAVIOUR
Guests and Visitors are advised that strict noise curfews apply and there is to be no excessive noise between the hours of 10pm and 8am. There is to be no anti-social behaviour at any time. For noise complaints received by the Booking Agent from neighbouring properties between the hours of 10pm and 8am, a $100 bond deduction will be enforced per night for each night/s that complaints are received. In addition, Guests will face possible eviction. If Guests themselves have any complaints about noise or anti-social behaviour from neighbouring properties, the Booking Agent should be contacted immediately.
SMOKING
Smoking is strictly prohibited at all Luxury Breaks South West homes. If smoking occurs inside the Property, the Guest will be charged for de-odourising the Property and professional carpet/furniture cleaning and for any other damage that may occur and is attributed to smoking in the premises.
PETS
Pets are strictly prohibited at all Luxury Breaks South West homes unless specifically designated Pet Friendly.
SAFETY
Although the Booking Agent has taken every care to ensure that the Property is safe and secure for Guest use, we do not accept liability for injury or problems that may occur to Guests during their stay. Guests are encouraged to use their judgement and check all equipment provided is safe and working correctly before operation. Any problems should be reported to the Booking Agent immediately.
INSURANCE
It is recommended all Guests obtain Holiday and Travel Insurance.