TERMS & CONDITIONS
This Booking Agreement (the Agreement) is between Soul of Gerringong Pty Ltd ABN 77 632 071 008 (SOG) for the holiday rental of the Property located at 143 Belinda St, Gerringong NSW 2534 (the Property) and the Guest(s) named in the Booking.
IT IS AGREED AS FOLLOWS:
- This Agreement includes SOG’s legal notices accessible on or via its website at https://www.theshoreatgerringong.com.au (Website) and all guidelines, codes of conduct, schedules, annexures, and attachments relating to this Agreement, provided with, or separately and forming part of this Agreement, including the Schedule of Costs.
- This Agreement is subject to all applicable public health and related Australian State and Federal Government regulatory and legislative obligations, directions, orders and restrictions (including those in relation to COVID-19 or any comparable pandemic) (Public Health Laws) in force at the applicable times. The Guest will be responsible for checking and complying with all relevant and applicable State and Federal Government health orders, directions, guidelines and alerts upon entering into this Agreement (which may include those accessible at https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health%20alert, and https://www.nsw.gov.au/covid-19) and before commencing their stay at the Property.
- SOG abides by, and this Agreement is subject to, the NSW Code of Conduct for the Short-term Rental Accommodation Industry (as amended from time to time) (the Code), which is accessible on the NSW Fair Trading website and hereby provided electronically by clicking on the following hyperlink: https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf. The Guest agrees that they will comply with the Code.
- The Property will be registered on the Premises Register administered by NSW Fair Trading as required from 1 June 2021.
- Only persons aged twenty-five (25) years or older are permitted to make Bookings and enter into this Agreement. By making the Booking the Guest represents and warrants that they are at least twenty-five (25) years of age.
- If the Guest does not accept the terms and conditions under this Agreement, they must not proceed with payment for the Booking and must immediately cancel the Booking.
2.1 Online Booking
Rates quoted are in Australian dollars and are subject to change at any time and depending on availabilities. Rates are inclusive of GST where applicable. Verbal quotes are estimations of price only and are subject to written advice on the booking confirmation. In rare cases, accommodation rates may be subject to increase after you have made payment; where this occurs, the Guest will be notified and may either pay the difference or receive a refund.
- Check-in is available from 14:00pm on the day of arrival. The reception is not staffed at all times. To enter the Property when the reception is unstaffed, a code will be provided in your pre-arrival email. The latest check-out time is 10:00am on the day of departure.
- During any period in which Public Health Laws apply to the Guest’s stay at the Property, SOG may request that all Guests provide a declaration as to their health and exposure to any pandemic or other illness including COVID-19 which is the subject of the applicable Public Health Laws, as a prerequisite for completing check-in and the provisions of clause 4.4(e)(ii) may apply.
2.4 Length of Stay
There is a standard two night minimum stay. Minimum length of stay restrictions will apply to certain rates.
2.5 Number of Guests
At no time during the Guest’s Booking shall the number of Guests staying exceed the number booked, unless prior approval is provided by SOG.
2.6 Group Bookings
(a) SOG accepts group Bookings. Guests with Bookings for exclusive use will have full use of the Property.
(b) All Guests in group bookings will be required to complete a guest registration form and only registered guests will be permitted to occupy the property for the duration of the stay.
(c) Visitors of Guests on the Property must be family members, friends, other responsible adults over twenty-one (21), or otherwise accompanied by a parent or legal guardian.
(a) Children under the age of twelve (12) are permitted as Guests only when the Property is booked for exclusive use. The accommodation prices for children are included in the standard rate and refer to using existing bedding.
(b) Additional charges will apply if port-a-cot or sofa bed is required.
(c) Children must be supervised at all times, especially around fencing, pools, dams, stairs, verandas, balconies and cleaning chemicals. SOG is not responsible for any children staying at or visiting the Property.
2.8 Minors and Schoolies
SOG does not accept Schoolies reservations or bookings from anyone under the age of twenty-one (21).
- The Guest will pay SOG the Fees at the rate and in the manner specified in the Booking.
- The Guest agrees to pay the 50% Deposit and any applicable booking fee due at time of booking where the Guest has booked the Property for exclusive use. The remaining 50% is due twenty-one (21) days prior to the check-in date.
- Where the Guest has booked the Property per room, the Guest agrees to pay the full Fees at the time of booking and any applicable booking fee. If payment is not received within forty-eight (48) hours, SOG reserves the right to cancel the Booking.
- The Guest acknowledges that the check-in details will not be provided unless the full payment has been paid.
- SOG only accepts payment by Credit Card (1% credit card fees apply for Visa and Mastercard payments), or direct deposit payment.
- A credit card pre-authorisation of one night’s stay will be held on all Bookings as a Security Bond for the Guest’s Booking. Valid credit card details will be held as Security Bond for the Booking. For more details on the Security Bond, please refer to clause 7.1.
- CANCELLATIONS, RE-SCHEDULE & REFUNDS
4.1 Exclusive Use
- No cancellations are accepted on the day of arrival or after check-in. The Guest will be charged the total of the reserved stay under all circumstances.
- There will be no refund for the 50% Deposit paid at the time of booking.
- The Guest shall only receive a refund where the dates are rebooked by SOG to another Guest for the same value.
- Per Room Basis
- If cancelled within 60 days of the Booking, 50% of monies paid will be charged.
- If cancelled within 30 days of arrival, 100% percent of the Booking will be charged unless dates and rooms relevant to that Booking can be recovered. Any dates not rebooked by other guests will be forfeit by the Guest.
- Per Room Basis
- A Booking may be cancelled due to force majeure, terrorism, natural disasters, political instability or other external events making it unviable for us to uphold the Booking. Where your Booking has been varied or cancelled, we will use our best endeavours to provide an alternative that is substantially the same or as similar as practical to the original Booking, or voluntarily offer you a right to cancel or change a Booking via our booking system.
- You acknowledge that such a necessity may arise from time to time, and any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those outlined in the terms and conditions of the Agreement. Under these circumstances, we will not be responsible for any incidental expenses that you may have incurred as a result of your Booking.
- SOG reserves the right to refuse or grant refunds for the Services, pursuant to the Competition and Consumer Act 2010 (Cth). Any requests by the Guest for refunds must be detailed in writing and will only be considered when options for remedies or replacements have been exhausted.
- COVID-19 Implications
- The Guest acknowledges that SOG may use a professional cleaning team that uses high-grade alcohol-based products to reduce the risk of contamination and the spread of viral or bacterial residue at the Property.
- The Guest acknowledges that during periods in which Public Health Laws including COVID-19 or other comparable pandemic circumstances impact the Booking or the Property, some facilities at the Property may be restricted and Guests may be subject to certain mandatory requirements including those referred to in clause 4.4(c).
- All Guests are responsible for taking all necessary personal safety and hygiene procedures, including wearing masks if mandatory under Public Health Laws or when requested, and practicing ‘social distancing’ at the Property if required or appropriate during their stay.
- If the Guest is unable to commence their stay under the Booking in order to comply with Public Health Laws or because of the direct impact of Public Health Laws on the ability of the Guest to use the Booking, the Guest may provide reasonable evidence of the relevant circumstances and make a written request to SOG:
- COVID-19 Implications
- to vary the Booking by rescheduling the Booking period to commence no sooner than fourteen (14) days after and up to twelve (12) months from the original commencement date of the Booking (but retaining the same number of days for the Booking unless otherwise agreed by SOG). Provided that the Guest has given reasonable evidence of the relevant circumstances if required, SOG may in its absolute discretion and subject to availability agree to reschedule the Booking to commence on the new commencement date (Replacement Booking) at the same accommodation rate (or any higher accommodation rate applicable to the dates of the Replacement Booking). In such circumstances, all amounts paid by the Guest shall be credited to the Replacement Booking; or
- to cancel the Booking which, if less than sixty (60) days’ notice before the commencement date of the Booking is given as required under 4.2(a) shall be considered by SOG on a case by case basis.
- SOG reserves the right to vary or cancel (as applicable) the Booking and this Agreement in its absolute discretion where:
- the Booking is affected or may reasonably be expected to be affected by Public Health Laws or any health alerts or guidelines in connection with Public Health Laws including those in relation to COVID-19 or any comparable pandemic at the relevant time; or
- if at check-in, any Guests refuse to provide a declaration requested under clause 2.3(b) or if any given declaration reasonably means that it is not, or there is a significant risk that it is not, safe to permit the Guests to stay at the Property if at any time at or after the time of check-in it reasonably appears to or is known by SOG that any Guests display or have flu-like symptoms, appear to be or are unwell, or express that they are feeling unwell with any respiratory or flu-like illness, or if it becomes known to SOG that any Guests have breached any Public Health Laws which directly or indirectly puts SOG or any person including neighbours of the Property at risk.
- Where SOG wishes to vary or cancel a Booking under clause 4.4 (e)(i), SOG may in its absolute discretion offer the Guest the right to reschedule the Booking to commence no sooner than fourteen (14) days after and up to twelve (12) months from the original commencement date of the Booking (but retaining the same number of days for the Booking unless otherwise agreed by SOG), or may cancel the Booking and refund the Deposit and all additional accommodation Fees paid (if any) less the administration Fee provided in the Schedule of Costs (unless waived by SOG).
- Where a Booking has been varied or cancelled by SOG under clause 4.4(e)(ii), no refunds shall be available and SOG shall be entitled to retain the Deposit and all additional accommodation Fees paid plus charge the Guest for all additional Fees payable under this Agreement.
- The Guest acknowledges and agrees that if the circumstances referred to in clause 4.4(e) arise, any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those provided under this Agreement and no other claim, right, action or demand shall exist in or be made by either party as a result of or in connection with any such variation or cancellation. In these circumstances, SOG will not be responsible for any incidental expenses that Guests may have incurred as a result of or in connection with the Booking.
- THE PROPERTY
5.1 Guest Obligations and Permitted Use
The Guest agrees:
- to be an occupant of the Property for the entire duration of the stay;
- not to sublet or allow unregistered Guests to stay at the Property;
- to comply with all applicable laws and regulations;
- to co-operate with SOG and abide by these terms and conditions during their stay at the Property;
- not to use the Property for any purpose other than the Approved Purpose as set out in this Agreement;
- to close and lock doors and windows at check-out and when the Guest is not present at the Property to prevent theft of or damage to furnishings or the Guest’s personal Property and to contact SOG immediately where they are not able to secure the Property;
- not to use the Property for any criminal activity, including online, and acknowledges SOG will cooperate with any investigation of alleged criminal activity at the Property during or after the stay;
- not to wear shoes inside the Property at any time;
- not to smoke on the Property, including all guest rooms and communal spaces, decks, poolside and outdoor areas, except in the designated area outside the front gate;
- not to use the Property for parties and gatherings without prior written permission;
- to not have pets on the Property;
- to abide by the Noise and Good Neighbour Policy highlighted in clause 6.
- to leave the Property in the same condition as found, returning all furniture and styling pieces to their original location; and
- not to nail, screw, staple or fix anything to any wall, door or other surface or part of the building.
5.2 Guest Facilities
- The Guest must contact management immediately with the 24 hour emergency contact number, in the event of an emergency.
- Free internet connection is available to all Guests. The connection of the internet during the Booking is not guaranteed and may be disrupted or unavailable without notice.
- Under no circumstances are motorbikes, dirt bikes, quad bikes, use of firearms or air rifles, fireworks allowed on the Property premises.
- All sporting and leisure equipment that is available to use or rent at the Property must be securely stored and returned in the same condition. Lost, stolen or damaged goods will incur costs in accordance with the Costs Schedule or those of the third-party supplier. The Guest agrees that it is responsible for the use of and return of any and all equipment from a third-party supplier and SOG does not accept liability for these goods, including the cost of repair, replacement or return.
- It is the responsibility of the Guest to ensure that any third parties engaged to provide services at the Property, including but not limited to caterers, beauticians and massage therapists, are informed of these terms and conditions, and hold appropriate Public Liability insurances. SOG accepts no liability for any third-party services, including those which may have been recommended or referred by SOG.
- All personal Property left behind is the sole responsibility of the Guest who must either arrange payment for post or delivery or collect the item from the Property.
- The Guest acknowledges the Property may be visited by wildlife including, but not limited to rodents, insects, cockroaches, kangaroos, wombats, snakes and spiders, and agrees SOG is not responsible for the natural and surrounding habitat.
- SOG does not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas and internet. In the event of a failure, the Guest should notify our team in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by management, will be remedied at any time during or after the rental period, at the sole discretion of the management.
- SOG reserves the right to enter the Property at any time, without notice, to protect and/or undertake maintenance of the Property. SOG will give notice to the Guest wherever possible.
5.3 Reviews and Social Media
- We encourage our Guests to tag @soulofgerringong when posting during their stay at the property, and unless you expressly object, we may tag you in some of our posts on matters of interest or repost your images on our accounts.
- Where, upon request, you provide us with images of you or others, taken during your stay at the Property, unless you expressly object, you agree to release and hold us harmless for any liability in relation to the images which we may use for our marketing material or for promotional purposes.
- Guests agree testimonials we have received from other guests received by us are indicative of that guest’s experience at the Property and may not necessarily be typical. You recognise and agree these are not a guarantee of the experience you will have at the Property, though we do our best to ensure every Guest is satisfied.
- In the event you experience any issues or problems during your stay, you agree to give SOG the opportunity to rectify the situation prior to leaving negative reviews that may be published in the public domain, and which may be damaging to our reputation.
- Guests agree that upon leaving a review they consider the regulations regarding false statements under the Competition and Consumer Act 2010 (NSW), and pursuant to the Defamation Act 2005 (NSW), which allows for anyone who has had damaging material published about them or which may cause injury to their business, to take legal action against authors.
- NOISE AND GOOD NEIGHBOUR POLICY
(a) SOG reserves the right to monitor noise at the Property via a noise device or other.
(b) You acknowledge that parties and gatherings are strictly prohibited at SOG without prior permission from management, and that all noise shall be kept indoors after 10:00pm and prior to 8:00am.
(c) Excessive noise, music and any other form of disturbance to neighbours and other SOG Guests is prohibited at all times and may result in an eviction without refund.
(d) Additionally, where SOG staff, security guards or the police attends the Property to deal with noise complaints or excess Guests, or where a complaint has been received from the neighbours during or after your stay, you will be charged a fine in accordance with the Costs Schedule.
(e) Evidence of a party or function found after the Guests have checked out shall result in an additional charge.
A ‘good neighbour’ policy shall be enforced at SOG. You acknowledge that SOG will be treated with as much care as your own residence, and that it shall be left in the same condition as when you arrived. Behaviour exhibited by you and/or other Guests that is disrespectful of and disruptive to neighbours, traffic flow or the community, or which prompts complaints to the SOG management from the police, local council or neighbours shall not be tolerated and may result in a fine or eviction. You and other Guests agree to abide by all applicable parking restrictions and limitations.
- COSTS AND DAMAGES
- Security Bond
All Bookings will require a credit card pre-authorisation for a refundable Security Bond in the amount of $1000. The bond will be retained until an inventory and inspection has been completed at check-out, with the cost of repair or replacement of property to be deducted from your Security Bond. The remainder shall be refunded to you within 7 days. You remain responsible for, and will be charged for any damage, or cost of repair or replacement in excess of the Security Bond.
- Assessment and Repair
- The Guest acknowledges that breaching the obligations or any terms of this Agreement may result in fees as outlined in the Costs Schedule and/or any other associated consequences of the breach.
- All damages, breakages or losses to the Property, furniture and furnishing are to be reported immediately to management. To avoid being charged for any damage not caused by the Guest, such faults or breakages should be brought to SOG’s attention immediately following check-in.
- Following a final inspection and assessment after check-out, the Guest agrees SOG is permitted to deduct the fees from the Security Bond and to charge the Guest’s credit card for any fees over and above that amount, in accordance with the Costs Schedule and at SOG’s sole discretion upon determination.
- ASSUMPTION OF RISK
You agree to be responsible for any damage to the Property or equipment which you may cause due to negligence.
You hereby waive and release, indemnify, hold harmless and forever discharge SOG and its agents, employees, officers, directors, affiliates, successors and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your usage of and/or stay in the SOG properties, or any activities that you may have partaken in on the premises of SOG, provided that this waive of liability does not apply to any acts of gross negligence, intentional or wilful misconduct.
You assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal Property, associated with SOG, including but not limited to using the property in any manner, form or fashion, and participating and/or engaging in any activities on and off the premises.
- LIMITATION OF LIABILITY
- 10.1.Total Liability
To the fullest extent permitted by law (and to the extent permitted under Australian Consumer Law), the total liability of SOG under or in connection with this Agreement in respect of all Claims (if any) is limited to the Fees paid or payable for the Booking and in any event, will never exceed the available proceeds of the professional indemnity and/or public liability insurance coverage of SOG (as varied from time to time) or the fees paid to SOG by the Guest, whichever is the lesser amount.
- 10.2.Consequential Loss
In no case shall SOG, its officers, employees, affiliates, agents, contractors, or licensors be liable for any Consequential Loss arising from the Guest’s use of, or reliance on the Services, the Website and/or content or information provided in the Property or in information brochures in the Property including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
- 10.3.Australian Consumer Law
Further, nothing in this Agreement is intended to limit any Australian Consumer Law guarantees or warranties that may apply to the Services and that cannot be excluded.
- DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement, a party must not commence any court or other proceedings relating to the dispute unless it has first issued a written notice to the other party specifying the nature of the dispute. Upon receipt of the notice by the other party, the parties must endeavour to resolve the dispute within twenty-one (21) days using informal dispute resolution techniques including settlement discussions and mediation. If the dispute cannot be resolved, then the parties shall be free to pursue any right or remedy available to them under applicable law. Nothing in this Agreement will prejudice the right of a party to institute proceedings to enforce payment due under this Agreement or to seek urgent injunctive or declaratory relief in respect of a dispute or any matter arising under this Agreement.
If any provision or part of this Agreement is void or unenforceable for any reason, then that provision or part will be severed from this Agreement and the rest of this Agreement shall be read as far as possible as if the severed provision or part had never existed.
- Entire agreement and variation
The parties agree that:
- this Agreement is the entire agreement between SOG and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between SOG and the Guest in that regard; and
- any changes to this Agreement must be agreed in writing between SOG and the Guest prior to the changes coming into effect.
- Governing law and Jurisdiction
- This Agreement is governed by the laws applicable in the state of New South Wales and the parties agree to irrevocably submit to the exclusive jurisdiction of the courts of that Sate.
- SOG operates in accordance with the guidelines set out for Kiama Municipal Council Short Term Rental Accommodation. All guidelines must be adhered to or can result in eviction from the Property.
Schedule of Costs for Damages
See clause 7.1
A late check out past 1000 will result in the Guest being charged.
$50 per hour
Use of Port-a-cot/ Sofa Bed
Where a port-a-cot or sofa bed is required
Lost key/ Call-out fee for Re-entry or Rekeying
A service fee of applies if a set of duplicate keys are required by a Guest. Guests must not break into, or attempt to break into, premises when locked out. Keys should be returned as per instructions provided. Should the keys not be returned, the Guest will be liable for any charge incurred in gaining entry and/or replacing keys and changing locks if necessary.
$25/ cost to change lock
Where linen has been soiled or damaged such that it may not be restored to its original condition with steam cleaning.
Cost to replace
Where it is determined that the Guest has caused a plumbing or electricity issue that requires a tradesperson
Call-out fee for SOG
Where SOG or any member of the SOG team be called to the Property and the issue is deemed to be caused by the Guest, equipment owned by the Guest or because the Guest has not followed instructions
Call-out fee for tradesperson to fix an issue caused by the Guest
Where a tradesperson be called to the Property and the issue is deemed to be caused by a Guest, equipment owned by a Guest or because a Guest has not followed instructions
Credible noise complaint by neighbours
Failure to abide by the Noise policy in clause 6
$500 per offence
Police/ Security called to Property
Failure to abide by clause 6 or in other instances where police or security attends the Property
$500 per offence
Repair/ replacement if there is damage to the Property
Where any item (electronic or not) within the Property or part of the Property has been maliciously, deliberately or negligently damaged by the Guest
Cost to repair/ replace
Steam Cleaning of carpets, furnishings, linens etc if evidence of pets in Property (on furniture or in/ on beds)
Where the carpets, furnishings or linen within the Property has been soiled or damaged to the extent that may require extensive cleaning or where there is evidence of pets having been in the Property
Cost to steam clean/ cost of repair or replacement
Evidence of Smoking
Where there is evidence of smoking within the Property, such as traces of residual smoke, anywhere other than the outside the front gate
$250 + any additional cleaning costs
Cleaning of Property where left in extremely dirty conditions
Where any part of the Property has been left in extremely dirty conditions
Cost to clean
Sports & Leisure Equipment
Any damage or loss to goods belonging to SOG will equate to the cost of repair or replacement.
Cost to repair/ replace