Terms and Conditions

Baranook Pty Limited Trading As L J Hooker South West Rocks

Address: 2 Gregory Street, South West Rocks NSW, Australia

Phone: 02 6566 6313

Email: holiday.swr@ljhooker.com.au

Office Hours:
MON - FRI  8.30AM TO 5.00 PM
SATURDAY 8.30AM TO 1.00PM

Emergency Contact Details:
EMERGENCY PHONE NUMBER IS LOCATED ON OUR OFFICE DOOR

NON SCHOOL HOLIDAYS – CHECK IN TIME IS 2PM AND CHECK OUT TIME IS 9AM

SCHOOL HOLIDAYS – CHECK IN TIME IS 2PM AND CHECK OUT TIME IS 9AM

Thank you for choosing to book your holiday accommodation with LJ Hooker South West Rocks.

Please take a few moments to read the following L J Hooker South West Rocks conditions of letting.

INTERPRETATION

We, Us, Our, Agent – means L J Hooker South West Rocks, it’s contractors and agents.  Tenant, Guest, You – means the lessee of the defined holiday premises.  By booking a holiday rental property with us and paying the rental deposit, you agree that you will be bound by, and personally responsible for performance of your obligations under these conditions of letting.

OVERVIEW

All properties are fully self-contained and are owned by individuals who provide most modern conveniences of their own varying standard and styles.  All properties are equipped with all basic cooking and eating utensils, blankets, pillows etc.  LINEN, COTS, HIGHCHAIRS ARE NOT SUPPLIED, unless stated on our website.  Tenants need to supply their own sheets, towels, bathmats, tea towels, washing powder, detergent soap and toilet paper OR can be hired directly through independent suppliers as follows:  South West Rocks Linen Services Ph:  0429 666375 OR Sam Kennedy 0401 967906.

  1. TARIFFS/DEPOSITS/BOOKING FEES

a) A provisional booking may be made through our website www.southwestrocksholidays.com.au or by email or phone to our office LJ Hooker South West Rocks.  Provisional booking will be held for 48 hours only pending receipt of the deposit. Tariffs on all properties are subject to change without prior notice.

b) All bookings incur a $30 Administration Fee at the time of booking.  This Administration Fee is

NON-REFUNDABLE under any circumstances.

c) 1/4/22 – A Deposit of 25% with a minimum of $330 of the total cost of your booking is required upon reservation to ensure that your booking is confirmed.  When a booking within 30 days of booking commencement date, full payment is required.

d) NON SCHOOL HOLIDAYS 1/4/22 – A Deposit of 25% with a minimum of $330 is required at the time of booking and the balance to be paid ONE MONTH prior to arrival.

SCHOOL HOLIDAYS –1/4/22 – A deposit of 25% with a minimum of $330 is required at the time of booking and the balance to be paid TWO MONTHS prior to arrival.  If the Balance is not paid the agent reserves the right to re-let the property and the deposit will be forfeited.

– payments can be paid by our online platform-Secure pay payment gateway which incurs a 1.937% surcharge, EFTPOS incurs 0.5% surcharge, credit card incurs a 1.5% Credit Card Surcharge-(VISA and MASTERCARD ONLY), or alternatively you can bank transfer to LJ Hooker South West Rocks Trust Account

BSB: 082-781  Account 57328 8881, including booking reference number.

e) All bookings three nights and less OR a Booking Value, less than $500 total, require full payment at the time of the booking.

f) If you are making payment via direct transfer your deposit/balance must be received on or before the due date otherwise your stored credit card details will be charged on the due date.  If a duplicate payment is made due to late bank transfer the guest will not be eligible for a refund of the credit card surcharge.  All card fees attract a 1.937% surcharge.

g) Keys will not be given out unless full payment has been received prior to your arrival.

h) In the case of refurbishment of holiday properties, rental rates may be subject to increase at any time.  Should this occur, you will be notified and given the opportunity to pay the difference in tariff or receive a full refund of the monies paid.  We will offer you alternative accommodation if possible.  If Guests choose to relocate to an alternative property, if the new property is of greater value than the original property booked, the extra cost will be at the Guest’s own expense.

i) If you are worried about the need to cancel your booking and being able to obtain a refund, we recommend that you take out a travel insurance policy at the time you pay for your booking.  You should ensure that such insurance will protect you against medical expenses arising from sickness or injury during you travel and protect you against loss or damage to your belongings.

j) HOMEAWAY/BOOKING.COM  BOOKINGS – A deposit is required within 48 hours of booking. Strictly NO refund on any Homeaway bookings/Booking.com/AIRBNB.

2.           SECURITY DEPOSIT AND DAMAGE

a) You become responsible for any and all damage and loss to the property and its contents from the date and time you check-in to the date and time you check-out.  Guests are responsible to advise L J Hooker South West Rocks immediately if damage is found upon arrival.

b)  A Security deposit of $250 to $500 will be charged on arrival (charged by a preauthorisation of your Credit Card) the pre authorisation will be held until our team has completed their inspection of the property after you vacate.  Should the property be found to have damage, missing items or be excessively dirty, the cost to repair or replacement of property and/or additional cleaning cost will be deducted from your security deposit.  The remainder of your deposit will be refunded to your nominated card within 14 days.  You main responsible for, and will be charged for, the cost of any damage, repair or replacement in excess of the security deposit.

c) A booking is deemed to be accepted upon receipt of your deposit and that you have accepted these Terms and Conditions be it read or otherwise.  We do not tolerate abuse of homes or unnecessary damage, you agree to leave the property as close to the state that you receive it in.

Pets are permitted only at the properties marked as pet friendly on our website.  Only 1 dog on the property at all times unless otherwise approved by the owners in advance.  All dog faeces must be removed from the yard, bagged and placed in the bin or an extra cleaning fee of $50 will be charged.

If the property is found to be flea infested after your departure a pest spray fee will be charged.

PETS ARE NOT PERMITTED AT ANY PROPERTIES OTHER THAN THOSE LISTED AS PET FRIENDLY.

If a tenant is found to have a pet in a non-Pet Friendly there will be a $1000 charged and at the agents or landlords discretion you may be asked to vacate the property immediately without refund.  Any applicable fees will be charged to your credit card without notice.

3.            GUEST RESPONSIBILITIES

a) The property must not be used for unlawful purposes.

b) All guests shall comply with abide by the NSW Fair Trading Code of Conduct for the Short-term Rental Accommodation , along with all Body Corporate by-law,  rules and regulations (if appliable) and shall not create or permit any noise or nuisance, which is likely to interfere with the peaceful enjoyment of any other person occupying adjoining premises.  The booking will be terminated if any guest fails to comply after receiving a warning.

c)Parties and functions are strictly prohibited.  Immediate termination of the booking without refund may result.  A penalty fee of up to $1000 will also apply, L J Hooker South West Rocks has a NO PARTY POLICY.

 

d) It is a guest’s responsibility the maintain the cleanliness of the property during the period of stay.

e) Smoking inside any holiday premise is prohibited.  Guests must discard cigarette butts into the rubbish bins.  Cigarette butts discarded into garden beds will incur an additional charge for cleaning.

f) Children must not jump on beds.  Damage resulting from children jumping on beds will be at the cost of the guest.

g) Departing guests must leave the property clean and tidy.  This includes emptying the dishwasher, emptying and cleaning of the refrigerator, oven/griller and microwave, cleaning of the BBQ, turn off the lights and all appliances including air conditioning.  Guests are required to secure the premises upon departure by locking doors and windows.

h) The cost of a standard clean is included in the booking total.  LJ Hooker South West Rocks reserves the right to recover any costs above the standard clean from guests within 30 days of departure.

i) Kempsey Council have imposed a 3-bin rubbish system in houses and duplex throughout the shire.  The three are Green – Organic Waste only, Yellow – Recycling and Red – General Waste.  Please ensure you use the bins correctly Collection occurs weekly for Organic Waste (Green bins) and alternative fortnightly for Recycling (yellow & Red).  Please place bins on the kerb the evening before, face out for collection.

Please note:  Fees may apply for bin rubbish removal and bin cleaning if the 3-bin system is not followed correctly.  Visit the council site for mor information and your collection day calendar.

j) No liability is accepted for any injury, debt, damage, loss, delay, expense or inconvenience caused directly or indirectly be events beyond the agent or owners’ controls.  No responsibility is taken for guest’s property left on or near the premises.  It is recommended that guests take out personal property insurance or adequate travel insurance should any unexpected situations arise before or during your travel period.

k) All guests are responsible for keeping the property secure during their stay and will be responsible for any theft or damage due to neglect.

l) Furniture is not to be moved around.  Items are not to be moved from room to room.  A fee will be charged should these occur.

m) If keys and/or remotes are lost, if the locks need to be changed they will be charged at the guest’s own expense.

n) Should a guest lock themselves out of the property a$50 call out fee is applicable and will be paid upfront on callout.  If not $50, plus a surcharge will be automatically charged to your card on file.

o) No more than the registered number of guests are to occupy the premises, as each holiday property is equipped for a specific number of guests.  No extra mattresses are to be brought onto the property.  If the property is reported to be overloaded, the booking will be terminated with no refund made.

p) Strictly no tents or caravans are permitted on the property.

q) Any areas designated as “private” by the owners (cupboards etc) are strictly out of bounds.

r) All guests are to provide their contact information including but limited to email address, mobile phone number and address.

4.            CANCELLATIONS

a) Bookings cancelled at least 60 days before the start of stay will receive 100% refund less $55 cancellation plus the $30 Non-Refundable Booking Fee. (Total $85.00)

Bookings cancelled at least 30 days before the start of stay will receive a 50% refund Less $55 cancellation fee plus the $30 Non-Refundable Booking Fee.

Bookings cancelled less than 30 days prior to arrival will receive NO refund.

Note – any credit card charges are non-refundable.

b) No refund is made on the unused portion of rent, if guests vacate the property prior to their departure date.

c) In the event of advance bookings being cancelled by the owner and/or agent, a full refund will apply.

d) Due consideration will be given, in consultation with the owner, to any cancellation at any time occasioned by exceptional circumstances.

e) We cannot accept responsibility for actions taken by the owner of the premises outside our control and we reserve the right to cancel any booking, as per the owner’s instruction.  In this event, we will notify you as soon as possible and do our best to arrange other accommodation or dates suitable to you, failing which all deposit monies paid will be refunded, but no other claim, right or action or demand shall exist in or be made by either party.

f) Bookings are taken by the agent in good faith, however, the guest acknowledges that the agent does not own the property and that the owner may instruct the agent to cancel or ask the guest to amend the booking dates at any time up to the day of check in.

g) Strictly no Schoolies bookings are permitted and we reserve the right to cancel any such booking or enquiry.

h) Date change requests are subject to availability and are at the discretion of the agent and/or owner.

i) Booking TRANSFERS are not transferable between properties.  All transfers will be treated as cancellations.

j) Unforeseen Events- (Flooding & Road closures) – should this occur, NO REFUND will be provided.  We strongly recommend that your take-out travel insurance to cover yourself.  If possible, we will endeavour to move your dates to accommodate everyone availability pending.

5.            COVID-19 CANCELLATION POLICY

a) If you make a booking and the covid travel restrictions change after the confirmation is sent and the change effects your access to the property, the standard terms and conditions still apply, you are booking with the knowledge of COVID and that it can affect, travel at any time.  The guest acknowledges it will be the property owner’s choice if they agree to an alteration of the Terms and Conditions.

b)  By proceeding with a booking, the guest acknowledges that they have enquired about and are satisfied with the COVID-19 cancellation policy.

c) By making a booking after the commencement of COVID-19 the guest accepts the risk of booking cancellations or adjustments of any nature due to government restrictions on travel.  Due to the everchanging nature of COVID the guest acknowledges they may lose some of their monies due to instant lockdowns and travel restrictions.

e) Guests who are not restricted by a lockdown or quarantine upon return order will not be granted any refund or date reschedule, should they choose to not arrive at their booking due to a non-enforceable recommendation or personal choice to not travel.

f) All refund or transfer decisions are at the sole discretion of each property owner.

g) should you be issued a date reschedule of your cancelled booking you must   -1. Use within the 12 months and – 2. Only one date reschedule will be granted before your booking will be treated under the cancellation policy.

h) Proof of COVID-19 testing/quarantine order and proof of address of all guests may be required in the event of a request for refund or date reschedule due to COVID cancellation.

i) By confirming your booking, the guest acknowledges their responsibility to check and comply with

Covid-19 government instated travel requirements for your booking may result in loss of monies paid if cancellation or date change is requested.  It is at the owner’s discretion whether a credit, no refund, partial refund or refund less $55 cancellation fee is offered.

6.            ARRIVALS/DEPARTURE TIMES

a) Arrival time is from 2pm on the day of arrival and departure is strictly 9am on the date of departure. Variations to check in and check out times must be approved prior to arrival.

Extended stays may be permitted, if available and prior arrangement has been made.  A fee may apply for late departures if no prior arrangements are made.

b) On departure the keys must be returned to our office.  Lost or damaged keys will be charged.  For after hour departures, a key slot is located in the front glass door of our office marked ‘KEYS”.

c) Keys are to be collected from our office on arrival, usually via our lockbox.   Our office is open Monday to Friday 8.30am to 5pm, Saturday 9am to 1pm and operates on NSW Australian Eastern Daylight Time (AEDT)

Should you be arriving after business hours, please contact our office so that arrangements can be made.

7.            LINEN

a) All properties are fully self-contained.  LINEN is not included unless otherwise stated (sheets, pillowcases, bathmats, hand towels, bath towels and tea towels).  Pillows, mattress protectors and blankets/doonas are supplied.  Linen can be hired directly through independent suppliers as follows:  South West Rocks Linen Services Ph:  0429 666375 OR Sam Kennedy 0401 967906.

8.            PETS

a) Pets are not permitted on the premise unless the property is designated ‘pet friendly’ on the LJ Hooker South West Rocks website.

b) Your “well-behaved” pets are to be kept outside at all times. If your pets, which have been approved, are found inside the premises, the booking will be terminated, and the Guests will be asked to vacate with no refunds claimable.

c) If pets have been found to be, or reported on, the premises, and were not previously approved, the booking will be terminated immediately, and Guests will be asked to vacate the property with no refunds claimable.

d) Guests are required to remove ALL TRACES of an animal being present at the property. This includes, but is not restricted to, any fur/hair, food, stains, smells or faeces. The Guest will be charged additional cleaning fees, at the discretion of LJ Hooker South West Rocks, if this is not adhered to and the property is found to be in poor condition after departure due to the Guests pet.

e) Any damage caused by your pet must be reported to LJ Hooker South West Rocks immediately and will be payable by the Guest. Repair or replacement will be at the Guest expense and includes but is not limited to, damage to screens, paint work, carpets, blinds/curtains, furniture, verandas/balconies, and gardens etc.

f) Any pest control or steam cleaning required as a result of your pet being let inside the property and or on the premise (if unauthorised) will be charged to the Guest and payable immediately by Credit Card.

g) As a pet owner you are governed by and required to adhere to the local laws and regulations of the Shire. For more information, please visit www.kempsey.nsw.gov.au/Residents/Animals-pets.

h) Only 1 dog is permitted on the property at all times (if special requests are made, approval by the Agent/Owner must be sought prior to check-in, these will be considered on a case-by-case basis).

i) The Owner reserves the right to change the property from ‘pet friendly’ to non ‘pet friendly’ at any time. In the event this occurs, the Agent will contact the Guest at the earliest possible time to notify you of the change and help you find suitable alternative accommodation. The Owner has the right to refuse your booking if you require a ‘pet friendly’ property. The Agent is not liable or responsible for any loss or inconvenience this may cause the Guest. If the Guest chooses to cancel the property due to this unexpected change to the advertised property, the Cancellation policy and fees will apply.

9.            FAULTS/ PROBLEMS

a) All holiday properties under L J Hooker South West Rocks management are privately owned and are rented on a fully self-contained basis.  In the event of faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner or L J Hooker South West Rocks to compensate or discount.

b) L J Hooker South West Rocks will accept no responsibility for any inconvenience with machinery breakdown.  The agent’s best endeavours to repair, replace or hire an alternative will be undertaken.

c) If a situation arises which we have no control, L J Hooker South West Rocks reserves the right to move guests to alternative accommodation subject to availability at their discretion or at the direct instruction of the property owner.  If this is the case, we will notify all guests as soon as possible and make every reasonable effort to make sure that they are satisfied with their new address.

d) Should a tradesperson be sent out upon a guests request to carry out a repair that was unnecessary, the cost of the callout will be at the guest’s expense. (ie retuning of TV’s because of PlayStation/Xbox etc)

e) Guests must inform our office immediately if the property is damaged or not clean, otherwise they are deemed to have accepted the property in the condition of arrival.  If a property is reported as unclean, L J Hooker South West Rocks reserves the right to have the property cleaned ASAP.

f) Lost Property – if requested we will endeavour to recover and return items inadvertently left in a holiday property, but we take no responsibility for the recovery or return of these items.  The guest will be notified and have 14 days from advice of the lost property to claim. If the item/s are not claimed in this 14-day notice period, the item/s will be disposed of.  Guests may collect from the office in this period or request postage at cost plus $5 admin fee and any applicable credit card charges.

g) LJ Hooker South West Rocks may inspect the property with reasonable notice and at any time without notice if there is any belief that there has been a breach of these conditions herein.

h) If the occupancy ends, guests must immediately vacate the property.  LJ Hooker South West Rocks is authorised to perform any action required to enforce the eviction of any guest and removal of guest’s property.

i) From time to time unexpected or scheduled body corporate or residential maintenance will be required during a guest stay.  As much notice as possible will be given however we reserve the right to proceed with the repair during a guest stay without notice.

j) In the event of any renovation/building work being carried out near the holiday premises, such work is beyond our control and we cannot accept responsibility for any disturbances, noise or inconvenience guest may suffer as a result.  No discount will be negotiated for any of the above.

10.         PROPERTIES FOR SALE

a) When a booking is made, the deposit is accepted for the present owner at the time.  If the property is for sale and the ownership changes before your holiday, we cannot guarantee that the property will remain available.  A full refund will be provided if this is the case.

b) We cannot accept responsibility for decisions made by the new owner.

c) If a property is sold guests will be notified, where possible allowing suitable time to organise alternative accommodation.

d) If a holiday property is listed for sale while guests are in residence, the occupier agrees to allow the owner or the agent to conduct inspections with prospective buyers at mutually convenient times.

11.         EXCESSIVE NOISE POLICY

a) Tenants will make every possible effort to ensure that they do not interfere or cause a nuisance to neighbours.  Excessive noise can be a major cause for complaint.  Loud music, televisions and partying that causes excessive noise will not be permitted between 9pm to 7am.

b) All laws must be observed, you are in a residential area and regard must be paid to the quiet enjoyment of other occupants in the building and neighbouring properties.  Noise pollution is a punishable office by law and as such we reserve the right to immediately terminate the tenancy without refund for any breach of this condition.  A penalty fee of up to $1000 will also apply.

12.         ACCURACY

a) LJ Hooker South West Rocks has endeavoured to maintain the accuracy of the content of their websites.  However, from time-to-time aspects of the content may be out of date.  Certain information is provided by others including owners, and for that we accept no responsibility for its accuracy or change.

b) LJ Hooker South West Rocks acts as the letting agent on behalf of the owners and in accordance with the owner’s instructions.  LJ Hooker South West Rocks reserves the right to take appropriate remedial action and/or seek compensation for any serious breach of these conditions of letting.

13.         BOOKING AGENTS

Whilst our office may use the services of outside Booking Agents, the Terms and Conditions contained in the document are relevant and as such apply to your booking and stay at the respective property you have booked.

14.         DISCLAIMER

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes.  We will endeavour to highlight any significant or substantive changes to you where possible.  If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and L J Hooker South West Rocks rights and obligations to each other.

By continuing to access and or use our Terms and Conditions after such revisions are implemented you agree to be bound by the revised Terms and Conditions.

By creating a booking, the guest accepts these Terms and Conditions in their entirety.

Terms and conditions are subject to change without notice.

Terms and Conditions correct as at the 31/3/2022.

We wish you a very happy and safe holiday in our beautiful town of South West Rocks.