Bond Hold Authority Form
RAY WHITE EXMOUTH HOLIDAY RENTALS
TERMS & CONDITIONS
The following Terms and Conditions upon which a Property is offered, booked and occupied for Holiday Rental under the contract between the Owner and Guest are in place to ensure an appropriate code of conduct is maintained by all parties. It is deemed that once a guest confirms a booking they have read, understood and are willing to abide by these Terms and Conditions at all times.
1.License not a tenancy
The following Terms and Conditions are made under the premise that:
a)Guests are granted a limited permission to occupy the Property for holiday purposes;
b)This is not a residential tenancy agreement under the residential tenancy legislation;
Failure to comply with the Guest's obligations in the Terms and Conditions may result in termination of permission to occupy the Property and eviction; &
d)The Owner reserves the right to cancel any bookings if, and not limited to;
i)change of ownership or change of use of the property
ii)local government Holiday Accommodation approval is withdrawn
iii)the property becomes uninhabitable
iv) any other reason
If a booking is cancelled by owner discretion at no fault of the guest the agent will make best endeavors to find suitable replacement accommodation or the guest will be refunded any tariffs pre-paid less the booking fee.
2.General Obligations of Guests and Visitors
Guests and Visitors must:
a) Comply with all House Rules, Planning Approvals and Local Government By-Laws;
b)maintain the property in a clean and hygienic state during the stay;
c)not partake in any illegal activities during their stay;
d)not smoke inside any property during their stay;
b) Respect the residential amenity and security of the Property and neighbours;
c) Refrain from anti-social behavior and abide by noise curfews;
d)Guests must control and be responsible for Visitors and ensure that Visitors comply with the House Rules;
e) Comply with any instructions from The Agent and security services during their stay;
f)Notify The Agent of any damage, breakages, theft and/or potential threat or liability discovered during the stay; and
f) Notify the Manager of any disputes or complaints as soon as is practicable.
2.Security Deposits and Prepayments
Payments for accommodation are to be made as per the following;
a)Deposit equivalent to 50% of the total tariff plus the booking fee is to be paid to the agent within 2 business days of the booking being accepted by the agent.
b)The balance of the tariff is payable to the agent at least 28 days prior to arrival
c)Bookings made less then 28 days from arrival are to be paid in full upfront within 2 business of the booking being accepted by the agent.
All Guests are required to provide a security bond of at least $500 which is to be held by the agent during the stay. The security bond is required prior to arrival and will be returned within a reasonable time by the agent upon the agent checking the property after departure. The agent reserves the right to deduct any costs incurred from the security bond for expenses such as, but not limited to;
a)damage to the property, furniture, fixtures, fittings
b)missing items from the property
c)excessive cleaning costs
4.Cancellations by Guest and Unused Services
All cancellations are to be received in writing, either by mail, fax or email.
Where written notification of a cancellation is received more than 28 days in advance of arrival, consideration may be given to allow the guest to transfer the booking (of the same house only) to another date, less transfer fee of $55. If the guest does not transfer their booking, the guest will forfeit their deposit unless the property can be relet in which case the deposit will be returned less a cancellation fee of $165.
Where written notification of a cancellation is received less than 28 days in advance of the holiday, the guests shall be liable for payment of the full rental whether or not occupation of the Holiday house occurs. The deposit is non-refundable and non-transferable to another property.
Cancellations outside the control of guests such as illness, weather or any other issues will be reviewed on a case by case basis in light of potential loss to the property owner. Guests are strongly advised to take out comprehensive holiday & travel insurance to cater for any unforeseen circumstances.
No refunds will be made for early departures or refusal to stay at a booked property. Where the guest chooses to cut short their stay on the booking, a refund, credit or transfer is not available for any unused portion of the booking. The Agent will not be held responsible should the accommodation not meet the expected style or expectations required.
Requests for changes to your booking are to be made in writing either by mail, fax or email. Requests for amendments will be assessed on a case by case basis and are subject to availability. A Booking amendment fee of $165 will be charged for any changes made.
6. Arrivals and Departures
Check-In is 2p.m. and Check out is 10a.m.
Early check-in, late check-out must be prearranged with The Agent at least 7 days prior to arrival and approval will be accomodated subject to demand.
Guests will be provided with 1 set of keys to the property which will be left at the property in the Meter Box prior to scheduled arrival. Guests are requested to leave the keys in the Meter Box on departure. If guests lock keys in the property accidentally please call the office for assistance. Please do not try to break into the property as any damage caused may be deducted from the security bond.
Lost keys will be replaced at the expense of the guest. Guests under no circumstances are to have extra keys made for the property. In such case the guest may be liable for all locks at the property being changed and new keys made.
8. Security and Personal Liability
Exmouth is a relatively safe place but we encourage you not to be complacent. Keep the property locked while you are not home and report any suspicious activity immediately to The Agent. Please also ensure you do not leave valuables in vehicles or boats as this is the most common type of theft for e.g. fishing equipment, marine electronics.
Guests are responsible for the security of the property and their personal items during the course of the stay. Guests must ensure the property remains locked and secured when they are absent. Guests are liable for the theft or damage of any property items during the stay. If the guest can prove that the theft or damage was caused by an unrelated third party then the onus is on the guest to prove that they made all precautions to ensure the property was appropriately secured.
Guests are wholly and solely responsible for the security of their own possessions. The Owner and The Agent will not be held responsible for the loss or damage of any guests possessions regardless of cause.
6.Maximum Number of Guests and Visitors
The maximum number of Adults and Children at each property is governed by The Shire of Exmouth under the Holiday Accommodation Policy and is set as part of the approval process for the property to achieve Local Government Planning Approval for Holiday Accommodation.
It is a requirement of the property owner, agent and guest to ensure these limits are obeyed and in the case of more guests staying then permitted the Local Government may revoke Planning Approval meaning the property is no longer being permitted for Holiday Accommodation usage.
The onus is on the guest to ensure that guests do not exceed maximum numbers and all guests are accommodated in habitable rooms. Under no circumstances are guests to stay in tents, swags, caravans, camper vans or any other form accommodation at the property. Whilst visitors are permitted they are not to stay overnight and the number of visitors must be managed to ensure there is no burden on neighboring properties.
Guests not abiding by maximum number policies, accommodating in non-habitable areas or will have their accommodation rights revoked, be ordered to leave the property with no refund.
8.Noise and Residential Amenity
Holiday Homes invariably are located in built up residential areas with established neighbors wishing to enjoy their daily lives. Whilst the neighbors and surrounding home owners are generally accommodating and welcoming of guests excessive noise is not tolerated at any time and there are strict noise restrictions between the hours of 10p.m. and 8a.m. This is not limited to but includes loud social noise, music, televisions, children outboard boat motors etc.
a) Guests must not create noise which is offensive to neighbours especially between 10pm- 8am and during arrival and departure at any time throughout the occupancy.
b) Guests must abide by any noise abatement conditions, standards and orders issued by police or any regulatory authority to minimize impacts upon the residential amenity of neighbors and local community.
c)The Agent enforces a strict one strike policy to noise complaints. Offensive noise is prohibited and may result in:
i.termination of permission to occupy the Property;
iii.loss of rental paid; and
iv.extra charges for security and other expenses which may be deducted from Security Deposits or Bonds.
9.Functions and Parties
a) The Property is not a “party house” and any such activities are strictly prohibited; and
b) Any gathering, celebration or entertainment permitted at the Property must not conflict with residential amenity and must comply with all House Rules. In particular properties are not to be used for
a)wedding ceremonies or receptions
b)large hosted events with numerous non-guest visitors
c)commercially catered functions
10.Age Limitations and School Leavers
At all times during the stay children and guests under the age of 18 are to be supervised by a mature adult.
We do not allow any school leavers or groups under 25 years of age occupy any of our holiday homes. If any school leavers or groups under 25 years of age are found to be occupying any of our holiday accommodation they will be asked to leave the property immediately and no refund will be given for any unused portion of their booking.
10.Pets and Animals
Pets and Animals are not permitted at any property unless the property is specifically stated pet friendly. For pet friendly properties pets are not allowed in the house and must be fenced in at all times.
a) Guests and Visitors must comply with parking regulations and show consideration for neighbors;
b)as per the Shire of Exmouth Holiday Accommodation Policy there are specified limits for the number of vehicles and trailers for each property;
c)Guests exceeding the number of vehicles and or trailers at a property will be asked to remove excess vehicles and park them elsewhere;
d)Guests are not to park vehicles or trailers on lawns or gardens and any damage to lawns, gardens or reticulation systems will be charged to the guests bond.
12. Access to Agent and Owner
Whilst best endeavors will be made to ensure the enjoyment of the property is not effected the agent and owner reserves the right to access the property at any time during the guests stay. This includes the appointment of tradesman or other maintenance workers required to conduct any maintenance at the property during the guests stay.
12.Garbage and Fish Offal
a) Guests must dispose of garbage in accordance with the usual practice at the property in the allocated bins;
b)Guests are required to ensure that bins are placed on the kerb on the designated collection day and empty bins are promptly brought back in;
c)Guests are responsible for removing any garbage in excess or too large for general collection;
d)at no time are guests permitted to process fish or seafood at the property and must use the designated town facilities for such activities
e)absolutely no fish offal is to be placed in bins at any time and must be disposed of at the designated town facilities.
f)absolutely no fish or food scraps are to disposed of in the canals
g)no food or bait is to be left in fridges or freezes on departure.
13.Canal Front Properties
Guests must at all times abide by the Shire of Exmouth - Exmouth Marina Village Canal Boat Mooring and Management Plan and Standard Operating Procedures. Guests mooring boats on private jetties do so at their own risk and will be liable for any damage caused to jetties, other boats or equipment.
Guests must ensure they have the appropriate mooring equipment and ropes to ensure safe mooring of vessels on all conditions. In the event of a cyclone all vessels must be removed from moorings as soon as the cyclone watch is announced.
Guests are only permitted to utilize Shore Power on jetties that have appropriately fitted shore power facilities. At not time are guests permitted to refuel vessels whilst they are docked on jetties or marina berths.
14.Properties with Pools
Guests use pool facilities at their own risk and must ensure adequate supervision is provided at all times to children. All pools have safety fences and guests must ensure the safety fences remain operational at all times and gates are not prevented from closing and climbing objects are not left near fences.
Absolutely no glass bottles or glasses are to be taken into pools areas.
Guests are not permitted to interfere with automated pool cleaning equipment or filtration devices.
Guests are obliged to report immediately to The Agent any accidents, damage or concerns regarding the pool or associated pool safety and cleaning equipment.
15.Cyclones and other significant weather events
Exmouth and the North West of WA is a known cyclone risk area. In the event of a cyclone Guests are obliged to ensure they take proper care to ensure personal safety and minimize potential damage to the property.
In the event of a cyclone watch being announced guests are to
a)ensure they heed the direction of The Agent, local emergency and government services;
b)continue to monitor cyclone warnings and advice on local radio
c)secure all loose items, bring in outdoor furniture, bins etc.
d)Secure light weight boats and boat trailers
e)stock up on emergency supplies and ensure a first aid kit is on hand
14.Consequences of not meeting the Terms and Conditions
a) The consequences of not complying with the Terms and Conditions requirements can include enforcement action from the owner, Manager, security services, local councils or, in some instances, the Police.
b) EnforcementactionissubjecttotheAustralianConsumerLawandotherrelevant legislation.
c) Such enforcement action could result in termination of permission to occupy the Property, eviction, loss of rental paid, deductions from security deposits and extra charges.
d) ItisthereforeimportantforallGueststobeawareoftheirobligationsandoftheir responsibilities to make any Visitors to the Property aware of these requirements to maintain the amenity of the Property and its neighborhood.
15.Privacy Act 1998 Collection Notice
Personal information collected by the Agent through the management of the Holiday Accommodation including, but not limited to the Inventory Report is necessary to manage the short stay tenancy. The personal information collected by the Agent in this Booking and during the period of your stay is collected for the purpose of being used in managing the Booking of the Premises and the Guest hereby consents to that collection and use.
The information collected in the Booking and during the period of the stay of the Guest may be disclosed by the Agent to other parties as permitted by the Privacy Act 1988 including to the existing Owner, subsequent owners, courts of law, other agents and operators of Holiday Home Accommodation.
If the Guest wishes to contact the Agent or access the personal information the Agent may hold regarding the Guest, the Guest may do so by contacting the Agent at P.O. Box 362 Exmouth WA 6707. The Guest may also request that the information be corrected if it is inaccurate, incomplete or out-of-date. If the information referred to in this collection is not provided, the agent may not be able to provide Holiday Accommodation.