Please note all 7 holiday rental properties with Aussie Chillout are not suitable for parties or to be used as a Party House.
1. ACCEPTANCE
1.1. The following Terms and Conditions apply to your Booking at the Property.
1.2. Payment of the Deposit constitutes your acceptance of these Terms and Conditions.
1.3. Management reserves the right to enter the Property at any time to ensure your compliance with these Terms and Conditions.
1.4. These Terms and Conditions apply to all Guests and any Visitor. Failure by any Guest or Visitor to comply with these Terms and Conditions will be considered a breach of these Terms and Conditions and may be dealt with in accordance with condition 12 below.
2. USAGE
2.1. The Booking for the Property is granted to you in accordance with these Terms and Conditions and only for private domestic holiday use unless exception has been granted by the owner.
2.2. Parties, functions (including weddings and large gatherings) and (after) school celebrations are strictly prohibited at the Property unless exception given in writing from the owner and subject to further costs. Breach of this condition will be dealt with in accordance with condition 12 below, and in addition you will be responsible for the cost of any security, cleaning, garbage removal, wear and tear and general repairs and any other resulting charges. Those charges will be advised to you, and will then be deducted from the Bond (if any) and/or charged to any credit card provided when making this Booking and/or Booking Request.
2.3. You must not use the Property for any unlawful purpose.
2.4. As per Council and Holiday Letting Industry Guidelines there is a 10.00pm to 8.00am outside noise curfew. We require you to move inside and close the doors. Disturbance to any neighbours and the local community, including excessive noise at any time throughout the day or night is prohibited. Breach of this condition will be dealt with in accordance with condition 12 below. Please be aware we have a great relationship with our neighbours – if there is any excessive noise, partying or other disorderly behaviour at the Property/s we will be informed of this.
2.5. The Property may only be occupied by the Guests (including the number of persons) stated on the Confirmation Notice or subsequently agreed by Management in writing. The Property MUST NOT be occupied by any additional persons, including any Visitor other than a maximum of 5 casual Visitors who does not stay overnight or otherwise at the Property. If any other persons occupy the Property then Management reserves the right to immediately remove any unauthorised person from the Property and/or act in accordance with condition 12 below. You may be charged additional fees for any unauthorised persons occupying the Property. Where such fees are incurred those fees will be advised to you, and will then be deducted from the Bond (if any) and/or charged to any credit card provided when making this Booking and/or Booking Request.
2.6. You are required to monitor the behaviour of any Visitor and ensure that they behave in accordance with these Terms and Conditions. A breach of these Terms and Conditions may result in the immediate removal of any Visitor from the Property and/or in accordance with condition 12 below. You will be responsible for any costs incurred by Management (or any third party) in enforcing these Terms and Conditions, including against any Visitor. Where such costs are incurred those charges will be advised to you, and will then be deducted from the Bond (if any) and/or charged to any credit card provided when making this Booking and/or Booking Request.
2.7. Anti-social behaviour by any Guests or their Visitors will not be tolerated at or about the Property. Breach of this condition will be dealt with in accordance with condition 12 below, and in addition you will be responsible for the cost of any security, cleaning, garbage removal, wear and tear and general repairs and any other resulting charges. Those charges will be advised to you, and will then be deducted from the Bond (if any) and/or charged to any credit card provided when making this Booking and/or Booking Request. Anti-social behaviour may include (but is not limited to):
(a) Drunken or obscene behaviour;
(b) Wilful damage to any property at or about the Property, to the Property itself, or to any surrounding or neighbouring property;
(c) Any incident which requires the attendance of the police or any other regulatory authority;
(d) Behaviour which is judged to be abusive or a threat or potential threat to any Guest, any Visitor or any other person (including Management); and
(e) Failure to abide by any noise abatement order issued by police or any other regulatory authority.
3. CHECK IN / CHECK OUT
3.1. Check-in time at the Property is not before 2.00pm on the Arrival Date – check in prior to this time will result in extra charges. You must check-out of the Property not later than 10.00am on the Departure Date – failure to do so will result in extra charges. Where such extra charges are incurred those charges will be advised to you, and will then be deducted from the Bond (if any) and/or charged to any credit card provided when making this Booking and/or Booking Request.
3.2. Subject to availability, early check-in and/or late check-out may be arranged with Management prior to your stay in writing only. This is dependent on bookings before and after your booking and with cleaner consent.
4. PAYMENT
4.1. The Total Booking Fee (excluding any additional costs, charges or fees in accordance with these Terms and Conditions) is split into two (2) portions:
(a) Deposit
A Deposit equal to 50% of the Total Booking Fee, which must be paid to Management in full within two (2) days of making the Booking Request to Management. Bookings are not confirmed unless and until the Deposit is received by Management.
(b) Balance Amount
The Balance Amount must be paid to Management in full 30 days before the Arrival Date.
4.2. The Bond must be paid to Management in full within 30 days of the Arrival Date.
4.3. The Bond, less any deductions made in accordance with these Terms and Conditions, will be returned to you within seven (7) days of the Departure Date. Provided that there may be a delay where there are to be deductions from the Bond to allow Management to obtain quotes and determine costs for such deductions in accordance with these Terms and Conditions.
4.4. Failure to make payment of the Deposit or the Balance Amount or the Bond in full within the above specified time-frames may result in your Booking being cancelled. Any monies that you have paid towards your Booking will be dealt with in accordance with condition 5.2.
4.5. Payments of any amount due under these Terms and Conditions must be received in Australian dollars net of any bank or other transaction charges.
4.6. We accept payment by credit card (Visa or MasterCard only), or by deposit into Aussie Chillout Pty Ltd bank account (by cash, cheque or direct deposit). Details of Aussie Chillout Pty Ltd bank account can be found on invoice. Please contact Management if you have any questions regarding how to make payments.
4.7. Payment by credit card will attract a credit card surcharge of 1.5% of the amount charged.
4.8. Any monies that we are required to return or refund to you in accordance with these Terms and Conditions will be less any bank and other transaction fees (including but not limited to international bank transfer fees) incurred by us in facilitating such refund. You authorise us to deduct such bank and other transaction fees from those returnable or refundable monies. Management is not liable for any other transaction fees or foreign exchange charges that your financial institution may also levy on such refunded monies.
4.9. All of our prices are in Australian dollars (AUD) and exclude GST (Goods and services tax).
5. CANCELLATION OR VARIATION
5.1. If you wish to vary or cancel your Booking, please contact Management immediately by phoning +61 414 826 439 or e-mailing using the e-mail provided on the contact us page.
5.2. In the event of a cancellation:
(a) Any monies paid by you towards the Deposit will be forfeited; and
(b) Any monies paid by you towards the Balance Amount will be forfeited.
5.3. In the event of a variation please contact management. Where tariff is at a higher rate those charges will apply.
5.4. Please note no refund will be given for early departure, or bookings cancelled due to sickness or inclement weather. We strongly recommend that you obtain travel insurance.
6. ADDITIONAL CHARGES
6.1. In addition to the Total Booking Fee, additional charges may be imposed in accordance with these Terms and Conditions, in the form of a Bond or other costs and charges.
6.2. At the time of making your Booking Request you may be required to provide full and accurate details (including card type, card number, card holder name, expiry date and CCV1/2) of a valid and current credit card held in your name.
6.3. By making your Booking Request and accepting these Terms and Conditions you authorise Management to debit any amounts owing in accordance with these Terms and Conditions from the Bond (if any) and/or any credit card provided. Prior to making any such debits Management will provide to you a statement (or where relevant an invoice) detailing such charges and the reason for those charges.
6.4. Additional charges will be in accordance with the further clauses of these Terms and Conditions and for any breach of these Terms and Conditions and may include (but are not limited to) the costs associated with any:
(a) Additional cleaning requirements as a result of your use of the Property;
(b) Excess rubbish removal required as a result of your use of the Property;
(c) Security requirements as a result of your use of the Property;
(d) Return of any Guest or Visitor property left at the Property;
(e) Additional unauthorised persons occupying the Property;
(f) Misuse of the Property;
(g) Any damage, breakages, theft or loss of any property (whether accidental, willful or negligent) at or about the Property or to the Property itself (except as limited by law or to the extent of any applicable insurance policy held for the Property (provided that you will be responsible for any such insurance excess));
(h) Any replacement key or gate remote, and the costs of gaining entry to the Property required as a result of your use of the Property; and
(i) Any reasonable personnel costs incurred by Management in enforcing these Terms and Conditions, including making arrangements for any matters listed above.
7. UNAVAILABILITY
7.1. All bookings are subject to the availability of the Property. Management will use best endeavours to ensure that the Property is available for your Booking, however if the Property becomes unavailable for your Booking due to unforeseen circumstances beyond the control of Management (including but not limited to fire, storm, damage to the Property, termination of the management of the Property by Management, or the sale of the Property) then Management will inform you as soon as reasonably practicable and any moneys paid under your Booking will be refunded in full.
8. LINEN AND TOWELS
8.1. The following Properties will be with supplied linen, pillows, blankets and towels (excluding beach towels): Coal d’ Vine Cottage VIEW – Cessnock NSW and Midland Haven – Midland WA. The other 5 holiday rentals either have a linen hire service or it is BYO. These items must be left where supplied in the bedrooms or bath room of the Property on your departure.
8.2. Further linen items may be hired through Management at an additional charge.
8.3. Subject to availability, mid stay cleaning and linen can be supplied on request. Extra charges will apply, and will be advised by Management at the time of making such request.
9. PETS
9.1. Pets are not permitted in or about the Property unless authorised in writing by Management. The following properties are pet friendly: Coal d’ Vine Cottage – Cessnock NSW, Pether Cottage – Talbingo NSW and Manilla Cottage – Manilla NSW.
9.2. Where such authorisation is granted:
(a) Guests are responsible for those pets at all times, both inside and outside of the Property;
(b) Guests are responsible for ensuring that no damage (including un-cleanliness) occurs to the Property as a result of the pets;
(c) pets are not permitted on any furniture at the Property at any time;
9.3. You will be responsible for the cost of any cleaning or pest treatment required as a result of pets being at the Property (whether authorised or not). Those charges will be advised to you, and will then be deducted from the Bond (if any) and/or charged to any credit card provided when making this Booking and/or Booking Request.
10. YOUR OTHER RESPONSIBILITIES
10.1. All Guests and Visitors must comply with all applicable House Rules and all instructions from Management and the caretakers of the Property concerning occupancy, property, health, safety and quiet enjoyment of the Property and any neighbours of the Property. A breach of any such House Rules or instructions from Management may be deemed a breach of these Terms and Conditions and may be dealt with in accordance with condition 12 below.
10.2. You are responsible for any damage, breakages (including all window and glass damage), theft or loss of any property (whether accidental, wilful or negligent) at or about the Property or to the Property itself during your stay. You must notify Management of any such occurrences immediately. You will be responsible for the cost of the repair or replacement (to be determined by Management) of any such damage, breakages, theft or loss (except as limited by law or to the extent of any applicable insurance policy held for the Property (provided that you will be responsible for any such insurance excess)). Those charges will be advised to you, and will then be deducted from the Bond (if any) and/or charged to any credit card provided when making this Booking and/or Booking Request.
10.3. The Property must be left in a clean and tidy condition in a similar state to the condition on arrival. Before departure on the Departure Date, all food must be removed from fridges, all rubbish put in the appropriate council rubbish bins provided, and crockery and cutlery washed and packed away. The House Rules will advise of the bin collection day. You must, on the evening before bin collection day or such earlier departure from the Property, put the bin on the curb side with the lid fully closed. Extra cleaning charges may be incurred for the cleaning of dirty dishes, washing machine, dishwasher, emptying the fridge, removal of excessive rubbish etc. You will be responsible for the cost of any additional cleaning or rubbish removal required as a result of your use of the Property. Those charges will be advised to you, and will then be deducted from the Bond (if any) and/or charged to any credit card provided when making this Booking and/or Booking Request.
10.4. All furniture and furnishings must be left in the position they were in at the Property when you arrived on the Arrival Date.
10.5. You are required to maintain the security of the Property at all times during your stay, including ensuring all windows and doors are locked at all times when the Property is unoccupied.
10.6. The Property must be vacated on time on the Departure Date and must be left secured. All windows and doors are to be locked. All keys and access passes must be placed in the key safe at the Property, or as otherwise directed by Management. All lights and air-conditioning must be turned off prior to your departure. Extra charges may apply if you fail to turn off any lights or air-conditioning when vacating the Property on the Departure Date. Those charges will be advised to you, and will then be deducted from the Bond (if any) and/or charged to any credit card provided when making this Booking and/or Booking Request.
10.7. You are responsible for the safekeeping of all keys and gate remote for the Property. You will be responsible for the cost of any replacement key or gate remote, and the costs of gaining entry to the Property if required. Those charges will be advised to you, and will then be deducted from the Bond (if any) and/or charged to any credit card provided when making this Booking and/or Booking Request.
10.8. Smoking is not permitted in the Property at any time.
10.9. All minors at the Property must be supervised by a responsible adult at all times.
10.10. In accordance with condition 13 below, Management is not responsible for any loss of, theft of or damage to any Third Party Property, and any Third Party Property may not be covered by Management’s or the Owner’s policies of insurance. We strongly recommend that you obtain insurance for all Third Party Property.
11. PROBLEMS OR COMPLAINTS
11.1. In the case of any problem or complaint, you must inform Management at the earliest opportunity during business hours so that Management has the chance to rectify the situation as quickly and efficiently as possible. You must allow repair and/or service access to the Property during reasonable hours. Failure to follow this procedure this may hinder the ability of Management to rectify the problem or complaint and reduce or extinguish any claim you may have. Emergency issues can be advised out of business hours.
11.2. Management will make every effort to ensure the Property, including fixtures, fittings and appliances are maintained and in working order. Any maintenance or repair requests that arise throughout your stay at the Property will be processed and actioned within a reasonable time frame during business hours. Emergency repairs will be actioned as soon as reasonably practicable upon notification to Management by you.
12. BREACH OF THESE TERMS AND CONDITIONS
12.1. A breach of these Terms and Conditions by any Guest or Visitor may result in, but is not limited to:
(a) Your immediate eviction from the Property – in the case of a serious or fundamental breach of these Terms and Conditions. Where you are evicted the Total Booking Fee will be forfeited; and/or
(b) Additional charges being levied in accordance with these Terms and Conditions. Such additional charges will be advised to you, and will then be deducted from the Bond (if any) and/or charged to any credit card provided when making this Booking and/or Booking Request. Provided that should such deduction be insufficient to discharge the total amount of the additional charges or the loss or damage caused by the breach of these Terms and Conditions, then such further amount will be a liquidated debt due and payable by you to Management. Management reserves the right to recover those monies through legal proceedings or otherwise.
13. LIMITATION OF LIABILITY
13.1. The Guests indemnify and hold harmless Management and the Owner against to the maximum extent permitted by law any liability or loss arising from, and any damages sums of money costs charges expenses actions claims and demands that may be sustained or suffered by any person incurred in connection with:
(a) any damage to (or arising from the use of) the Property, its surrounds and adjacent areas and all property therein, or any loss of or damage to anything in it or near the Property (including any fixtures, fittings, or other goods stored at the Property); and
(b) any injury (including death) to any person in or near the Property, its surrounds and adjacent areas,
caused by or arising directly or indirectly out of:
(c) the act omission negligence or default of the Guests or any Visitor or any person at the Property at the request of the Guests; or
(d) some danger created by the Guests or any Visitor or any person at the Property at the request of the Guests whether or not the existence of that danger was or ought to have been known to Management or the Owner;
(e) any accident occurring on the property whether or not any aspect of the property including building, pond or pool deemed unsafe.
13.2. Management and the Owner are not responsible or liable to the Guests or any Visitor or any person at the Property at the request of the Guests for any loss or damage to any property of those persons or any injury to any person in or near the Property due to any cause, except where such loss or damage is caused or contributed to by Management or the Owner (or their respective employees or agents), and then only to the extent caused by Management or the Owner (or their respective employees or agents).
13.3. Without limiting the generality of the other provisions of this condition 13:
(a) Management and the Owner are not responsible or liable to the Guests or any Visitor or any person at the Property at the request of the Guests or any other person for any loss or damage to any Third Party Property due to any cause.
(b) The Guests indemnify and hold harmless Management and the Owner against to the maximum extent permitted by law any liability or loss arising from, and any damages sums of money costs charges expenses actions claims and demands that may be sustained or suffered by any person incurred in connection with any loss or damage to any Third Party Property due to any cause other than the negligence or default of Management or the Owner (or their respective employees or agents);
(c) The Guests release Management and the Owner from liability or loss arising from, and costs charges and expenses incurred in connection with, loss or damage to any Third Party Property due to any cause other than the negligence or default of Management or the Owner (or their respective employees or agents).
14. DEFINITIONS
14.1. In these Terms and Conditions the following definitions will apply:
(a) “Arrival Date” means the commencement date of your stay at the Property, in accordance with the Booking;
(b) “Balance Amount” means the Total Booking Fee less the Deposit;
(c) “Bond” means the security deposit payable by you, the amount of which will be advised when making the Booking Request;
(d) “Booking” means the period for which you have contracted for the Guests to lawfully stay at the Property, (for clarity being from the Arrival Date to the Departure Date) at the tariff provided by us and on the Terms and Conditions provided herein;
(e) “Booking Request” means the booking request made to Management as a precursor to the Booking;
(f) “Confirmation Notice” means the confirmation notice provided to you after making the Booking Request and making payment of the Deposit;
(g) “Departure Date” means the final date of your stay at the Property, in accordance with the Booking;
(h) “Deposit” means the sum equal to 50% of the Total Booking Fee, which must be paid to Management in full within two (2) days of making the Booking Request to Management.
(i) “Guests / your / you” means the registered persons who are authorised to stay overnight in the Property during the Booking;
(j) “House Rules” mean any rules promulgated for the Property from time to time, as may be provided by Management and/or displayed at the Property;
(k) “Management / us / we” means Aussie Chillout Pty Ltd as owners and managers of the Property;
(l) “Owner” means the lawful owner of the Property;
(m) “Property” means the property to which the Booking relates, including all fixtures, fittings, chattels and equipment.
(n) “Third Party Property” means any property, chattels, contents, goods or money of the Guests, any Visitor, or any other person at the Property at the request of the Guests, in or about the Property.
(o) “Total Booking Fee” means the total amount payable in accordance with your Booking (excluding any additional costs, charges or fees that may be imposed in accordance with these Terms and Conditions);
(p) “Visitor” means a person a Guest has invited to visit the Property during the Booking, however no Visitor may stay at the Property overnight.
15. Lost Property
All lost property will only be held for a maximum of 2 weeks after such time any unclaimed property will be disposed of.
15.1 Privacy Policy
Please see the Privacy Statement page.