HOLIDAY SHACKS PTY LTD TERMS AND CONDITIONS

Payment and Cancellation Booking Policy

In these Terms and Conditions “Us/We” means Holiday Shacks and “You/Your” means the guest who places a booking with Holiday Shacks via this Web Site.

1. Online Reservation: All Reservation requests are subject to confirmation. Children are welcome at most properties. Some properties only accept children aged 8 or 12 years and above. Please check these details in the property description carefully prior to booking. Your Reservation will normally be processed during ordinary business hours, usually within 24 hours after We have confirmed receiving it. Your Reservation is pending until Our confirmation. You will be notified by Us once your booking has been accepted. Confirmation of Your booking will only be given by Us once We receive Your Booking Deposit.

2. Minimum Night Bookings: Two (2) consecutive night bookings are required during Low and Shoulder Season. Some properties require three (3) consecutive night bookings. If You book a Public Holiday Weekend, then three (3) or four (4) consecutive night bookings are required as specified, chargeable at Shoulder Season weekend rates. A seven (7) night minimum stay applies at all Holiday Shacks properties during High Season for all bookings, unless otherwise specified.

3. Booking Deposit and Balance: A booking deposit of 25% of the total accommodation amount is due and payable immediately upon acceptance by Us of Your Reservation to confirm Your booking (Booking Deposit). The Booking Deposit and the balance of payment will be charged to the credit card provided by You (Visa / MasterCard / Amex (through PayPal) accepted). We accept Direct Deposit payments but no later than seven (7) nights prior to your arrival date. The Booking Balance of the remaining 75% must be paid at least thirty (30) days prior to Your arrival date. If You book within thirty (30) days of your arrival the total balance i.e. 100% is immediately due and payable on acceptance by Us of Your booking. A booking fee of $88.00 (incl. GST) is required for all bookings (Booking Fee) for the property you have booked. The Booking Fee is non-refundable even in the event of cancellation.

4. Payment Terms: Until Your Booking Deposit is received by Us Your booking is not confirmed. You will not be granted access to the Property until Your Booking Balance and Security Deposit (i.e. Bond) have been received by Us. You will receive a tax invoice upon receipt of Your Total Booking Balance being paid. Invoices are issued, and payment must be made, in Australian dollars (AUD). The balance of payment will be charged to the same credit card that was used to pay the deposit (unless we are informed otherwise), at least 30 days prior to your arrival. We accept Visa, MasterCard, PayPal (2.5% merchant fee) and Amex (through PayPal) payments or Direct Deposits as agreed in writing. We accept Direct Deposit payments but no later than seven (7) days prior to Your arrival date. All credit card transactions (excluding any unused Security Deposit amounts) will incur a bank merchant fee of 2.5% for Visa and MasterCard. You must only provide valid credit card details for which you are authorized to use. If your payment option is PayPal, You will incur a merchant fee of 2.5% for each transaction (excluding any unused Security Deposit amounts). If We do not receive the outstanding balance by the default date You will be liable for any charges reasonably made or claimed by Us or the agency’s lawyer for legal costs on the indemnity basis.

5. Security Deposit (Bond): A Security Deposit must be received by Us at least two working days prior to Your arrival at the Property. This can be paid by Your nominated credit card for the amount of $2,000.00 or any other amount notified in writing or advertised on your property listing by Us. Please note your credit card will be charged at this time for the bond amount specified. This is not a pre-authorization. This will be used to cover incidental items such as (but not limited to): pool heating; Any breakages or damage at or to the Property incurred during your stay; Any excessive cleaning charges, above the normal level of cleaning, due to the Property being left in an unacceptable state; or, recovery of payment for any other additional services required to be performed to bring the Property back to the state and condition it was in prior to Your entry to the Property. We will repay the Security Deposit in full (less the 2.5% (Visa/Mastercard) or Amex (via PayPal) merchant fee as this is non-refundable from the Bank) or in part depending on recovery of any incidental items as soon as practical after We have inspected the Property. The inspection usually takes place within 72 hours of departure. The refund will be paid within 14 working days unless we contact You to state otherwise. We will inform You of any incidental costs as soon as We are aware of any and supply You with a tax invoice for any costs withheld from your Security Deposit where necessary. Where the Security Deposit is insufficient to cover the total of any such incidental costs, You will be liable for these additional costs and agree to pay Us the additional balance within seven (7) days after being advised of such costs.

6. Cancellations:
(i) If you cancel your booking, a refund will only be made to You by Us only if we are able to secure another booking for the same dates and same value as Your booking. The refund amount will be the lesser of the amount You paid or the value of the replacement booking less the booking fee of $88.00, an administration fee of $250.00 and merchant fee (if You paid by credit card or Paypal). Once final payment is due, 30 days prior to arrival, no refund is applicable.
(ii) If your booking has been made via a third-party site such as AirBnB, VRBO (HomeAway/Stayz), Marriot Villas, then additional cancellation fees may apply to cover any commissions paid and you would incur the cancellation policy of that site. Please check the terms of booking via these sites. You will need to contact them directly.
(iii) We strongly recommend that you have travel insurance to cover you in the event of an unforeseeable cancellation.
(iv) We do not accept split bookings from the original amount of booked nights.

7. Guest Details: By signing and accepting these Terms and Conditions You will be the Registered Guest. The Registered Guest’s name must exactly match the name provided at the time of booking. The Registered Guest must supply a mobile phone number which ensures they can be contactable when occupying the residence 24/7 for security purposes. The Registered Guest is responsible for the Property and its contents for the entire period of Your booking and will be liable for all breakages and damages however caused by any Guest or visitors regardless of whether You are present or not at the time the damage occurs. It is the responsibility of the Registered Guest named in the booking confirmation to ensure all guests and visitors are aware of the booking terms and conditions. All booking variations and cancellations must be made by the Registered Guest only.

8. ID Verification. To confirm Your booking You will be required to supply an image of your Drivers Licence and complete a Online Registration Form within 24 hours of receipt.

9. Occupancy Limits: You agree to supply Us with the number and ages of all Guests who will be residing at or visiting the Property during Your booking. The number of Guests visiting the Property must never exceed the number of guests confirmed on Your Reservation Form. There are no exceptions unless We approve additional Guests in writing. This is an occupational, health and safety issue relating to fire safety, sanitation and hygiene issues and properties may be checked for compliance. At our discretion You may be charged for any additional Guests found to have been at the Property during Your booking at $100.00 per person per day.

10. We do not accept schoolies, bucks or hens bookings, nor do we accept parties or events under any circumstances. This is due to strict council regulations enforced by the Mornington Peninsula Shire Council Short Stay Law to which you must agree to when booking with us. We thank you for your understanding.

11. Linen & Servicing: Bed and bathroom linen is supplied with Your booking. Please BYO beach towels. Please refer to the property description of your booked property for exact bedding configuration linen inclusions. All properties supply good quality doonas, doona covers, sheets and pillow cases, mattress and pillow protectors, pillows and blankets, bath towels and bath mats, hand towels and tea towels for your comfort. Only the bedding configuration selected at the time of booking or requested in writing 7 days prior to arrival will be made up. Should you change your bedding requirements on arrival or just prior if the property has already been serviced for your arrival, a guest concierge service fee will be applied to your account. The Property will not be serviced during your stay unless you have pre-booked and paid for housekeeping services at least seven (7) working days prior to your arrival. This can be arranged at an extra fee and includes surface cleans of bathrooms, kitchens and linen changeover.

12. Arrival/Departure Times: Arrival time is after 3pm, with departure by 10am during the Low and Shoulder season (and excludes Easter bookings). During High Season (from 16 December to 1 February and Easter) arrival time is after 4pm, with departure by 10am unless otherwise specified. This must be strictly adhered to unless otherwise agreed in writing with Us. No early arrivals or late departures are permitted during High Season. The Property must be vacated by the departure time. If housekeeping are left waiting for access then a $80.00 to $110.00 + GST per hour per cleaner rescheduling fee will apply (this rate is dependent on Weekend or Public Holiday servicing charges). If additional cleaning is required above general cleaning then a minimum cleaning charge at $80.00 to $110.00 per hour + GST will be charged (this rate is dependent on Weekend or Public Holiday servicing charges).

13. Guest compendium: A full book of instructions is supplied at each property detailing amenities. If you require a member of staff to assist with any problem during your stay a $100 + GST attendance fee may be incurred if the problem is not an appliance or amenity fault. Please note call outs are usually only attended to during office hours 9am-5pm Monday – Friday unless it is an emergency.

14. Lost property: While we are not responsible for property left at a Holiday Shacks house post your departure, we will do our best to recover the item(s) on Your behalf. There is a minimum charge of $50.00 + GST (weight dependent) and handling fee to retrieve and post the item(s) back to you. Additional postal charges apply for guests residing overseas.

Holiday Shacks House Rules

15. No Party Policy:
(a) Our holiday homes are located in quiet neighbourhoods and we adhere to the Mornington Peninsula Short Stay Rental Accommodation Local Law. A strict no party policy applies at all times. We ask you keep noise to a minimum during your stay and after 10pm ensure tennis court lights and any music being played outdoors is switched off for the safety, comfort and privacy of neighbours.
(b) If you breach these terms and there is a Security Callout a $100+GST deduction will be charged per hour with each security or caretaker callout. Only one warning will be issued for noise complaints. A second complaint will result in immediate departure and the Security Deposit will be retained.
(c) STRICTLY NO FUNCTIONS ALLOWED. THERE IS A $2000.00 IMMEDIATE FINE SHOULD AN UNUATHORISED FUNCTION OCCUR AT THE PROPERTY. IF THE PROPERTY YOU HAVE RENTED IS FOUND TO HAVE AN UNAUTHORISED FUNCTION GREATER THAN THE NUMBER OF GUESTS THE PROPERTY SLEEPS, THIS WILL ALSO RESULT AN IMMEDIATE EVICTION AND SHUT DOWN OF THE EVENT. EVENTS AT PROPERTIES CAN CARRY HEFTY COUNCIL FINES AND GUESTS COULD BE ALSO BE ISSUED WITH THESE COSTS PAYABLE.

16. No Smoking Policy: All Properties are smoke free inside. There are no exceptions to this. Any evidence of smoking or butts left at the Property will result in additional charges for cleaning, steam cleaning or repairs required from smoke damage.

17. Parking: Up to 2-4 cars only are allowed to park on the property premises, with parking permitted only in allocated parking bays and driveways. Some properties have accessible garages for parking to use. Please do not park on the nature strip or on property garden beds/lawns. Charges apply for any damages caused by breaching these terms.

18. Pet Policy: We only allow pets at Properties as advertised (Pet Friendly Holiday Shacks), as mentioned in the property description and as agreed to in writing by Us, the age, breed and number of pets must be disclosed at the time of booking, otherwise we reserve the right to terminate the booking without refund.
(a) All disclosed pet stays will be referred to on your invoice.
(b) Please bring your pet’s bed or a sheet/blanket so they have their own sleeping and resting place as they not permitted on beds, couches or any other furniture.
(c) Before departing the property you must clean up after Your Pet(s) thoroughly including removing any droppings from courtyards or gardens. If pet hair is found on beds, blankets, couches or cushions or any other soft furnishings guests will be liable for any necessary cleaning and steam-cleaning. If pets damage any furniture by scratching or chewing, guests will be liable for any repairs or replacements. If necessary these costs will be charged to the credit card left as Security on your booking.
(d) All pets at Holiday Shacks pet friendly properties are to be flea and tick treated, fully vaccinated, and well behaved. Well behaved means under control at all times. Dogs are to be on a leash when in common areas or driveways, and are not to be left in the house/apartment, on decks/balconies, or in yards for prolonged periods of time unattended. If guests are absent from the property during the day for extended periods, they will make arrangements to have their dog attended to throughout the day. If dogs are left alone and bark constantly during the day this contravenes local noise laws, upsets neighbours and guests may be asked to vacate the property without refund.
(e) Holiday Shacks welcomes small dogs only to pet friendly properties. Please advise the breed of your dog for pre-approval.
(f) Pet security is the guest responsibility. We make no representations that our pet friendly property fences are pet secure.

19. Use of Pool/Spa/Tennis Court/Electronics/Audiovisual Policy (if available): Use of Pool/Spa/Tennis Court/Electronics/Audiovisual Policy (if available): If there is a pool or spa or tennis court at the Property, it may only be used from 7am to 10pm. This is to keep the noise levels within the council guidelines. The same hours apply for the tennis court lighting. All pool/spa and electronic filter settings are professionally managed and maintained and are not to be altered by guests. You will be liable for additional maintenance costs should the settings or controls be changed or damaged. As a safety measure – absolutely no glassware or glass bottles beyond the pool gate. For health and safety please minimise your time in the Spa to 15 minutes to prevent skin irritations. Please do not reset or change the Audiovisual settings or its cabling. If an AV technician is required to rectify any changes that are made, the cost will be deducted from Your Security Deposit.

20. Erecting additional equipment: Guests are at no time permitted to erect swimming pools, inflatable play equipment, shade tents, camping equipment, park caravans or such like on the property. Breaching these terms will result in eviction and forfeiture of security bond.

21. Vacating the Property: Vacating the Property: You must vacate the Property in the clean state you found it on arrival. As a guide this typically includes washing all dishes, emptying the dishwasher, cleaning the BBQ and removing excess rubbish that does not fit in bins provided. Cleaning is included for your stay, but we do ask guests to leave the house in a tidy state. The stove, stovetop and BBQ should be thoroughly cleaned with cleaning equipment provided. Additional cleaning charges of $100 plus GST otherwise apply to each. If the house is left in an untidy state guests will have to be charged for additional cleaning costs at $60 plus GST per hour Monday to Friday, and $80-$100 plus GST per hour at weekends. Failure to remove excess rubbish is charged at $60.00 + GST per bin unit. Furniture is not to be moved. If the Property is left in an untidy state or any furniture is moved you will be charged for damage to the furniture and flooring as a result, reasonable additional cleaning costs and the cost to hire furniture removalists to reinstate furniture to its original location. The Property must be left locked; if the Property is left unlocked and theft or weather damage occurs, guests You will be liable for any missing property or damage costs and the cost to change of locks.

22. Property Damage: You must inform Us immediately of any damages relating to the Property and/or its contents. The Property will be inspected by Us as soon as practical after Your departure. You will be responsible for any breakages or damage at or to the Property. Any costs relating to Property Damage will be withheld from Your Security Deposit and where the Security Deposit is insufficient to cover the total cost, You agree to reimburse Us for any remaining balance owing.

Limitation of Liability

23. Limitation of Liability: We do our best to ensure Your booking arrangements are satisfactory, however We do not accept any liability whatsoever for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by any events which are beyond Our control including, but not limited to, incidents at the Property, owner cancellations, sale of a property, modifications made by the Owner of the Property that we have not been advised of, war, civil disturbance, terrorism, fire, floods, acts of God, acts of Government or of any other authorities, accident to or failure of machinery or equipment, maintenance requirements or industrial action.

Disclaimer:

24. Disclaimer: Whilst all care and attention is taken by Us to ensure the Property is maintained and configured to a high standard and conforms with the descriptions on Our website and representations made by Us when booking, We are not the Owner of the Property and act as Agent only and do not have any direct control over how the Property is presented, maintained, configured or fitted out, therefore we take no responsibility for any differences, changes, modifications or out-of-service equipment at the Property that We were not advised of by the Owner at the time of your booking.

25. Breaches: If you breach any of these Terms and Conditions, We reserve the right at Our complete discretion and using reasonable judgement to terminate your booking and evict You from the Property immediately. In such an event You will forfeit any future nights stay and We will not be liable to refund You for any forfeited nights.

26. Local Law: Our properties abide by the Mornington Peninsula Short Stay Rental Accommodation Local Law. All Holiday Shacks guests must abide by the Local Law. For further information about the Local Law and Code of Conduct please go to: https://www.mornpen.vic.gov.au/Online-Forms-and-Services/Short-Stay-Rental-Accommodation-Local-Law It is your responsibility to read and abide by the Local Law. Clause (24) applies if you do not.

Indemnity

27. Indemnity: You agree to indemnify Us against any loss or damage directly or indirectly incurred by Us resulting from Property Damage and/or a breach by You of any of these Terms and Conditions, including, but not limited to, any loss of management fees and revenue where the Owner terminates their agreement with Us as a result of Property Damage or the sale of the property post the agreed managed terms and/or a breach by You of the Occupancy Limits (clause 9), No Party Policy (clause 15), No Smoking Policy (clause 16), Pet Policy (clause 18) and the Use of Pool/Spa/Tennis Court/Electronics/ Audiovisual Policy (if applicable) (clause 19).

HOLIDAY SHACKS WEB SITE TERMS AND CONDITIONS

Legal Notice

This web site and its contents (‘Web Site’) are owned and operated by Holiday Shacks Pty Limited (ACN 130 830 689) (‘Holiday Shacks’). The use of this Web Site is governed by the following terms and conditions, as amended from time to time (the ‘Terms and Conditions’). These Terms and Conditions apply in favour of, and are enforceable by, Holiday Shacks and its franchisees from time to time (the ‘Holiday Shacks Group’).

By using this Web Site you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions you should immediately cease using the Web Site. The Web Site may be updated from time to time, including these Terms and Conditions. By continuing to use this Web Site after these Terms and Conditions have been updated, you acknowledge that you have read and understood the updated Terms and Conditions and agree to be bound by them.

General information only – non-advisory

The material on the Web Site is presented as general information only. It is not intended as legal, financial or real estate advice and must not be relied on as such. You should make your own inquiries and obtain independent professional advice tailored to your specific circumstances before making any legal, financial or real estate decisions.

Intellectual property and restrictions on use of content

Unless otherwise indicated, the copyright in the Web Site is owned by Holiday Shacks. The Web Site includes registered and unregistered trade marks that are owned by Holiday Shacks. Except for the direct purpose of viewing, printing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not reproduce, modify, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without Holiday Shacks’ consent.

Links to Third Party Sites

Holiday Shacks assumes no responsibility for the condition or content of third party web sites that may be linked to or accessed from the Web Site. Holiday Shacks excludes all liability for any loss, damage, claim, expense, cost (including legal costs) or liability whatsoever arising from or referable to the condition or content of third party web sites that may be linked to or accessed from the Web Site.

Personal information

Holiday Shacks may collect, use and disclose personal information about you obtained by Holiday Shacks from your use of the Web Site. Holiday Shacks’ management of this information is governed by the Privacy Statement.

Disclaimer and Limitation of Liability

The Web Site and its entire contents are provided on an “as is” basis. The Holiday Shacks Group does not warrant the completeness, accuracy, reliability or availability of the Web Site or its contents. All information is subject to change without notice. Subject to any responsibilities implied by law and that cannot be excluded, the Holiday Shacks Group excludes all liability for any loss, damage, claim, expense, cost (including legal costs) or liability whatsoever arising from or referable to the Web Site whether in contract, tort including negligence, statute or otherwise.

Any term, condition, representation or warranty implied into these Terms and Conditions by law or otherwise, and which cannot be excluded, is included in these Terms and Conditions. Liability of any member of the Holiday Shacks Group for a breach of a condition or warranty implied into these Terms and Conditions by law or otherwise, and which cannot be excluded, is limited to the extent possible, at that member’s option, to the supplying of the relevant goods or services again or the payment of the cost of having the goods or services supplied again.

Changes and Termination

Holiday Shacks reserves the right to revise the content of, amend links from, or withdraw access to the Web Site at any time without notice or liability to you. Your ability to access the Web Site or to participate in any features of the Web Site, may be terminated at any time without notice, and without any liability to you. Any limitations on Holiday Shacks’ liability will survive such termination.

Miscellaneous

A right relating to these Terms and Conditions may only be waived by Holiday Shacks in writing. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. By using the Web Site you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceable will not affect the remaining provisions, which will continue in full force and effect. Holiday Shacks’ failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by Holiday Shacks in writing.