Welcome to Holiday In The Bay!
Terms and Conditions
While we know most people respect other people’s property and just want to have a great holiday there are some that do the wrong thing.
This list of conditions is there for those people only.
Please do not take offence to any of conditions listed as we just need to cover ourselves for the odd occasions where these things happen.
We want you to have a great time in our property.
Smoking -
All of our properties are non- smoking properties, if you must smoke please do so outside and have a container for your cigarette butts. When disposing of cigarette butts have them in a container or a box then put it in the council rubbish bin. If butts found on the grounds of the property you will be charged a fee for the cleaner to retrieve and dispose of them.
Damages -
We accept normal wear and tear on the accommodation, if however, there are damages due to, but not limited to, (or excess cleaning required), cigarette burns and marks, damage and stains to soft furnishings, broken crockery and glass or damage by guests etc. we reserve the right to deduct the costs of these from the security deposit funds being held should this be necessary.
As of October 2020 NSW government have implemented -
The NSW Code of Conduct for the Short-term Rental Accommodation Industry.
All guests and hosts must abide by this code. Please make yourself aware of this prior to booking any properties in NSW.
https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-ofConduct-for-the-Short-term-Rental-Accommodation-Industry.pdf
PLEASE NOTE: WE HAVE A VERY STRICT NO PARTY POLICY WHICH ALSO INCLUDES VISITORS
Our local residents have a right to peace and quiet so disturbances of any kind will not be accepted - this includes conversing late in to the night on the balconies. Guests must respect the peaceful nature of the location. Breach of these conditions may result in immediate cancellation of the booking.
Schoolies Bookings -
None of our properties allow for schoolies bookings, if your booking is found to be a "schoolies" booking it will be immediately cancelled and everyone will be evicted without a refund, whether any other terms and conditions are breached or not.
Payment Information -
For all bookings, $200 non-refundable deposit is required to confirm the booking. 50% of the tariff plus administration fee is due on a date advised when booking, this depends on how far in advance the booking is made. If the booking is with in 10 weeks of the stay full payment is due on the day of the booking. Balance of all outstanding monies is due fourteen (14) days prior to your arrival, with the exception of Christmas bookings (from 20th December to end of NSW public school holidays), where the balance is due on or before 1st November.
For direct bookings with Holiday In The Bay payment can be made via payment link. You will be required to pay a deposit or the full amount of the booking, depending how far in advance the booking is.
Refundable security deposit -
Will be deposited into our account or held as an authorisation. This will depend on the lenght of your stay. This will be advised when you do your booking. The security deposit will be refunded within seven days of your departure once the property has been reported to be left in a good manner.
Once you make your booking you accept the responsibility of -
a) ensuring the dwelling keys are secure and returned to the lock box and kitchen bench, in the case that you lose the dwelling keys you are liable for their replacement and the replacement of the dwelling locks.
b) Further charges for excess cleaning, garbage removal, damage within the dwellings and its lands.
c) You follow NSW Code of Conduct (Folder supplied in the property)
You agree to allow Holiday In The Bay to take funds from the Security Deposit to pay for any items found in a), b) or c)
Check in Times and Key Collection -
Check in is at 2pm on most properties, unless you have received a text to advise the property is ready for you to enter earlier.
Most properties have a lock box and you will be given the code and the location of the lock box the day prior to your arrival. You must not use this code to access the keys before 2pm (unless otherwise advised).
There will be a second set of keys/remote left on the kitchen bench or area advised on check in, in the case you need a second set. These keys/remote must be left on the kitchen bench/or area advised on your departure.
You must ensure the set of keys are put back in the lock box on your departure.
In the event you take a set of keys home, as soon as you know this please go to the post office and express post them back to Holiday In The Bay PO Box 108, Anna Bay NSW 2316
This must be done via Express Post.
Do not put the property address on any paperwork with these keys, just a note to say you took the keys and are returning them with your name.
If it is a back to back booking or the keys are not returned before the next guest check in you will be charged for recutting another set of keys for the next guest.
Late departures will incur a $75.00 fee if the cleaner arrives and cannot gain access.
Guest Registration -
All guests staying in the property must be advised at the time of booking.
Visitors -
Visitors to the properties are not allowed as the properties only cater for the number of guests advertised. If you have an issue please contact Mary Ann on 0438 237 484 to discuss.
In some cases, if you book a property that accommodates 8 guests and there are only 4 guests staying then 4 other visitors could be allowed.
Cancellations -
Made in writing / email ten (10) weeks or more prior to the booking arrival date will have their deposits refunded less the $200 non-refundable deposit.
If you shorten your stay, the unused portion of your rental is non-refundable.
Should you cancel your booking within ten (10) weeks of your arrival date, all payments made will not be refunded. In exceptional cirmcustances, requests for refunds or credits can be made which will be decided by at the Owners discretion.
Please note that a change of booking date attracts the same conditions for cancellations as stated in this section.
If you cancel any booking made through Stayz, Booking.com, Airbnb or other booking provider you may be required to pay further fees to those providers pursuant to their cancellation policy. Any costs imposed by any other provider are in addition to any costs imposed by Holiday In The Bay.
Linen -
Sheets, pillow cases, bath towels, hand towels, bath mats and tea towels are provided in all properties. Blankets and/or doonas and pillows are supplied in all properties.The beds are not made up, if you require this service please ask and there will be a charge of $15 per bed for this service. On departure you are required to strip the sheets and pillow cases off each bed used and leave these items and other linen delivered at the front door in bags ready for the linen company to pick it up. If linen is not stripped from the beds the linen company or the cleaner can charge a fee for this.
Toiletries -
Are not provided. Tea, coffee, sugar, washing powders, soap, shampoo, toilet paper(one roll is supplied per toilet), and other items are generally not supplied in properties. A welcome bag is supplied with a few items to get you started.
Use of the Property & Eviction -
The Property is a residential dwelling within the Port Stephens community. The Property is to be used strictly as a holiday dwelling by the Guests and the number of occupants must not exceed the maximum set by Holiday In The Bay Management. Where the Property is a strata or community title property all occupants must abide by the building rules and bylaws. The Property is not to be used for any other purpose or by any greater number of occupants. The use of the Property for a function, party or other like gathering is strictly prohibited. If you use the Property for a function, party or other like gathering: (a) Your stay at the Property will be terminated; (b) All Guests and other occupants of the Property will be removed from it by our Security Contractors and local Police (if required); (c) All monies paid will be forfeited. In addition, the Guest agrees to pay for the cost of the Security Contractors, Police noise abatement orders and noise pollution fines imposed by Council.
Number of occupants and vehicles -
Each holiday Property is equipped for a specific number of Guests. No additional mattresses, tents or caravans, or more cars than the Property accommodates are allowed. If a Property is reported to be overcrowded the tenants will be asked to vacate with no refund made.
Parking of vehicles should only be parked in spaces provided with the Property. Any additional vehicles MUST NOT be parked in any other space, or parked on nature strips outside of the property or on grassed areas at the front of the property.
All Properties Privately Owned -
The agreement to rent a holiday property is between the Property Owner and the guest.
Holiday In The Bay is acting as the owners host. All properties under Holiday In The Bay are privately owned and are rented on a fully self- contained, un-serviced basis. In most cases the Owner of the Property also uses the Property. As the host for the Property, Holiday In The Bay are required by law to seek and act on the instructions of the Owner of the Property, even if Holiday In The Bay may disagree with those instructions (provided those instructions are lawful).
Property Description and photos -
Holiday In The Bay describe the premises, position and furnishings to the best of their ability and in good faith. Images of the property on any website are to be taken as a general indication of the appearance of the Property, for example it is possible that furniture has been replaced or moved. No responsibility or refunds for minor or nonmaterial differences will be accepted.
Property Tariffs -
Please note that every effort has been made to maintain accuracy of the property tariffs, however Holiday In The Bay reserves the right to correct changes and adjust prices from time to time as errors may occur. You will be advised of any adjustments to prices as soon as practicable. Rules may also apply at different times that dictate the minimum number of days for a particular rate to apply, or that require arrival on a particular day of the week with weekly bookings etc.
Internet Connection, TV Reception and Foxtel -
The operation of any internet connection during your stay is not guaranteed and may be disrupted or unavailable. The Guest will not hold Holiday In The Bay or the Owner liable for the availability or disruption in any internet connection. TV and Foxtel reception in parts of Port Stephens can be unreliable in times of high wind or storm. Depending on the location of the Property there may be low signal strength. The Guest will not hold Holiday In The Bay or the Owner liable for any disruption in TV or Foxtel reception.
If Foxtel is provided at the Property the extent of available channels will vary from Property to Property depending on the account the Owner has set up with Foxtel. The Guest will not hold Holiday In The Bay or the Owner liable for any channels that are unavailable.
Gym Equipment, Pools and Spas -
Use of gymnasium equipment in the Property (if any) by the Guest or any occupant occurs solely at the risk of the person using that equipment. Children must be prevented from using any gym equipment. Use of the swimming pool and/or spa (if any) by the Guest occurs or any occupant must ensure the supervision of children and others. Pool gates are Never to be propped open.
Inspections, Repairs or Lawn mowing -
If Holiday In The Bay believes that these Terms and Conditions may have been or are being breached, Holiday In The Bay and/or our Security Contractors may inspect the Property at any time during your stay without notice. Holiday In The Bay may also effect entry to carry out emergency repairs without notice. Lawn mower person may arrive during your stay, no notice given. They will knock on the door to advise. Lawns are on a roster and where possible are done prior to your arrival. At all other times during your stay Holiday In The Bay will provide 24 hours’ notice of any inspection that may be required for maintenance or other management reasons.
Pets -
Pets are not welcomed in all properties only specific properties allow this. Owners that do not want pets in their property, or where strata and community title by-laws ban pets, may require the termination of your stay without compensation if you arrive with a Pet and do not remove it from the Property. This also includes visitors that may pop by with their pet.
Any additional cleaning costs will be charged or deducted from the security deposit.
Cleaning and Garbage -
Garbage bins are provided with all properties. Please ensure that all garbage is removed from your holiday Property and placed in bins provided. Please read the sign in your holiday Property for garbage collection day. You are required to place the bin on the kerbside for collection with the handle facing the Property. Any excess garbage can be taken to the Port Stephens Waste Transfer Centre, Soldiers Point Road, Salamander Bay. Yellow lidded bins are for recycle items only, if the waste pickup truck refuses to pick the bin up due to nonrecyclable rubbish put in the bin you will be charges $90 for this bin to be taken away, emptied and returned to the property. If you leave excess garbage in the dwelling or on its land or next to the bins you will be required to pay additional cleaning and garbage fees.
These fees will be taken from your credit card you provided when booking the property.
Security and Break Ins -
All Guests are responsible for keeping the Property secure during their stay and will be responsible for any theft or damage to the Owners Property due to neglect in this area. It is important to ensure all windows and doors are closed and locked prior to departing the Property.
Discounts and compensation requests -
In the event of minor faults and/or malfunctions of appliances or inclusions, there is no obligation from the Owner or Holiday In The Bay to compensate or discount.
Moving Your Booking to Another Property -
At times situations arise beyond our or your control which may require relocating you to another property (eg: storm damage, essential services failures etc). Holiday In The Bay reserves the right to move guests to alternate accommodation (subject to availability) at their discretion or the direct instruction of the Property Owner. If this is the case, we will notify you as soon as possible and make every reasonable effort to provide similar accommodation.
Indemnity -
No liability is accepted for any injury, debt, damage, loss, delay, expense or inconvenience caused directly or indirectly by events beyond the Agent or Owners control. No responsibility is taken for Guests personal Property left on or near the premises. It is strongly recommended that Guests take out personal Property insurance or adequate travel insurance should any unexpected situations arise before or during your travel period.
Damage and Breakages -
All Guests are responsible for any loss or damage arising from accidental breakages or other damage to the property or common property during their stay, including any additional cleaning, removal of excess garbage, repairs or replacement of items in the property. We accept normal wear and tear on the accommodation, if however, there are damages due to, but not limited to, (or excess cleaning required), cigarette burns and marks, damage and stains to soft furnishings, broken crockery and glass or damage by guests etc. We reserve the right to deduct the costs of these from the security deposit funds being held should this be necessary.
Some properties may supply water equiptment, there will be documentation at the property to explain their purpose of use. You may be asked to advise Holiday In The Bay that you will use these items and understand the responsibility of using said equiptment. Damage or loss will require you to replace said items.
Claims on Security Deposit -
In the event a claim from the security deposit or additional charges are made an administration charge of $65 will also be payable to Holiday In The Bay
Lost keys -
If keys are lost the Guest will be responsible for the changing of the locks and the cutting of 6 new sets of keys. Likewise the replacement cost of any lost remotes, tags or fobs will be charged to the Guest. The keys are your responsibility so please take care of them. Always leave a set in the lock box (if the property supplies this) if you are leaving the premises.
Lock outs -
Should a Guest lock themselves out of their property between 9 – 5pm you must call me on 0438 237 484 outside of these hours send a text. If possible, I will bring a spare key to you. The fee for bringing out a key will be $80. If a key cannot be brought to you then an address will be supplied and you can pick up a key. This must be returned the next day. We advise all guests to leave a set of keys in the lock box (if the property has a lock box) at all times to prevent lock outs. If a Locksmith is required please call Nelson Bay Locksmith 0249 813428 and you will be responsible for the cost and must be paid at the time.
Lost Property -
If requested we will endeavour to recover and return items of value inadvertently left at the Property, but take absolutely no responsibility for their recovery or return. Postage and packaging will be at your cost. If cleaner does not find the item and a staff member needs to go to the property to search for the item a fee of $30 will need to be paid in advance. If items are found and delivered to us by the Property cleaners, we will call you to advise of the find, if this is not your item we will be hold it for claiming for a maximum of 2 weeks and if not claimed it will be disposed of.
Unnecessary call outs -
Should a tradesperson be sent out upon your request to carry out a repair that was unnecessary, the cost of the callout will be charged to you. Common examples include not correctly operating televisions, ovens and washing machines.
Sale of the Property -
When a booking is made, the deposit is accepted for the Owner at that time. If the Property is sold and the Ownership changes before your holiday, we cannot guarantee that the Property will remain available. Some Owners will keep the Property as a holiday rental, in which case your booking may not be affected. However, if the Owner decides to move in to the Property or not rent the Property it will no longer be available. If the Property is sold, we will notify you as soon as practicable. We will do our best to organise alternative accommodation. If you choose to cancel altogether there are no cancellation fees and any payments you have made will be returned in full.
If your holiday Property is listed for sale while you are in residence, you agree to allow the Owner or Agent to conduct inspections with prospective purchasers only at mutually convenient times, by appointment.
Third party websites -
If you have booked through a third-party website the terms and conditions prescribed on that booking channel will be added to these terms of conditions.
Disclaimer -
Holiday In The Bay endeavours to ensure everything is accurate with the description and tariffs of the properties. If there is an error Holiday In The Bay will not be held liable.
Holiday In The Bay is a boutique holiday accommodation business, specialising in accommodation in Port Stephens.
For more information please email
holidayinthebay1@gmail.com or phone 0438 237 484