The following terms and conditions upon which a property is offered, booked and occupied for holiday rental under the contract between the Owner and Guest are in place to ensure an appropriate code of conduct is maintained by all parties. It is deemed that once a Guest confirms a booking they have read, understood and are willing to abide by these Terms and Conditions at all times.
|Address:||Shop 1, 2 Ross Street Mall, Exmouth WA 6707|
|Phone:||(08) 9949 4868|
|ABN:||22 637 782 082|
www.exmouthholidays.com.au is specifically for the purpose of marketing holiday homes in Exmouth and the management of guest bookings. All transactions are processed in $AUD (Australian dollars).
1.1 These Terms and Conditions (“T&C”) are between the Manager, the Owner and the Guest and apply to the Booking made by the Guest.
1.2 By making a Booking (directly and or indirectly through a third party), the Guest agrees to the T&C on behalf of all persons included in the Booking and staying at the Property. Where the Guest constitutes more than one person, each person shall be jointly and severally bound by the T&C.
1.3 A reference to the Manager shall include the Owner, and vice versa, where applicable.
“Booking” means the act of reserving the Property.
“Booking Fee” means a fee payable by the Guest to the Manager for the booking in the amount of $44.00.
“Booking Total” means the total amount payable to the Manager by the Guest for the booking of the Property, excluding the Booking Fee, Cleaning Fee, Security Bond and any additional monies not included in the nightly rate for the Property.
“Cleaning Fee” means a fee payable by the Guest to the Manager for the cleaning of the Property as determined by the Manager at its sole discretion.
“Deposit” means 50% of the Booking Total.
“Force Majeure Event” means any act of God, war, terrorism, fire, flood, cyclone or any other extreme weather conditions, loss of power, epidemics or pandemics (including COVID-19), industrial disputes, slow-downs or other strike activities, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including but not limited to restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to services provided by the Manager beyond its control.
“Guest” “You” or “Your” means the person or persons staying or intending to stay at the Property, and includes any minors accompanying the Guest.
“House Rules” means the house rules referred to in these T&C and located within the compendium at the Property, as varied from time to time.
“Manager” “We” “Us” or “Our” means Marihky Pty Ltd trading as Ray White Exmouth (ABN 22 637 782 082), its Representatives and assigns.
“Owner” means the legal owner of the Property.
“Price” means the nightly rate, best available rate, child rate or any other prices published for the reservation of the Property.
“Property” means the property owned by the Owner and managed by the Manager, and includes all fixtures, fittings, furniture, equipment and household items therein.
“Representatives” means the Managers, directors, officers, contractors, volunteers or employees of the Manager.
“Security Bond” means the monies payable to the Manager by the Guest in accordance with clause 5.
3. Booking Policy
3.1 All Bookings are subject to availability.
3.2 The Manager reserves the right to decline any bookings or requests at its absolute discretion.
3.3 The person completing the Booking must be at least 25 years of age, unless otherwise specified in the applicable Property description. Such person must occupy the Property for the duration of the Booking.
3.4 Unless otherwise determined by the Manager prior to or at the time of Booking, the following provisions apply:
- The Deposit is required within 48 hours of Booking. Payment of the balance of the Booking Total is required 28 days prior to arrival.
- If the Booking is made less than 28 days prior to the arrival date, payment of the Booking Total, is required within 48 hours of the Booking.
- The Guest must provide identification information and documentation, including government issued photographic identification prior to the commencement of the reservation.
3.5 A valid credit card is required at the time of Booking to guarantee your reservation. Your credit card will be held as security for your Booking and utilised for any applicable Deposits, payments, cancellation fees, no-show fees, damage and any breach of these T&C.
3.6 Failure by the Guest to make payment as required in accordance with the T&C, or as otherwise requested by the Manager, may result in the Booking being cancelled and the Manager making available the Property, or any part of it, to other persons to book.
3.7 Bookings made through third parties are subject to the payment terms set out by the third party.
3.8 Bank fees, credit card charges, Paypal fees, exchange rates and any other fees and charges incurred by transferring money from the Guest to the Manager are the sole responsibility of the Guest, are payable by the Guest and are non-refundable. A 2.2% surcharge applies on credit card payments.
3.9 If the Guest makes payment by way of credit card, the Guest warrants that the information provided to the Manager is true and complete, that the Guest is authorised to use the credit card to make payment and that the Guest’s payment will be honoured by the credit card issuer. The Manager reserves the right to conduct various checks to validate the identity and integrity of the Guest’s payment details, which may include undertaking a pre-authorisation process and or requesting additional information from the Guest to verify identity.
3.10 If the Guest makes payment through the Manager’s website, the Guest will be transferred to Securepay to complete the transaction. Further security information for Securepay can be located as http://www.securepay.com.au/contact-us/terms-and-conditions/.
3.11 Any items or services not included in the Booking, are the sole responsibility of the Guest and must be paid by the Guest. Any outstanding accounts will need to be paid and settled on departure from the Property.
3.12 Check-in is from 3pm and check-out is before 10am. The Manager reserves the right to change these times if required. Early check-ins and late check-outs may be available upon request, at the Manager’s sole discretion. Additional fees may apply.
3.13 Bookings are not transferable to alternative dates or to alternative properties.
4.1 All cancellations must be received in writing from the Guest to the Manager via email, mail or fax. It is the Guest’s responsibility to contact the Manager to verify that the cancellation of the Booking request has been received.
4.2 If the Booking was made through a third party, the Guest must cancel the Booking by contacting the third party direct. The Guest will be subject to any cancellation terms set out by the third party.
4.3 The Guest is responsible to ensure flights, vehicle hire, travel insurance and any components booked outside the Booking are cancelled by the Guest. The Guest will adhere to the cancellation policy of each individual supplier.
4.4 Subject to the T&C, where the Guest cancels the Booking:
- and the Property is re-booked for the whole of the Booking period, all monies paid by the Guest will be refunded to the Guest, save for a cancellation fee of $165.00 and booking fee of $44.00 or such other amount determined by the Manager in its absolute discretion;
- and the Property is not re-booked for the whole or any part of the Booking period, all monies paid by the Guest, or the portion equivalent to the part of the Booking not re-booked, will be forfeited.
4.5 For no shows, Guest curtailment and or early check-out, all monies paid by the Guest will be forfeited.
4.6 Subject to the T&C, if the Manager or the Owner is required to cancel the Booking for any reason the Manager may, in its absolute discretion, offer the Guest a refund of a portion of or all monies paid to the Manager, offer a credit for a future booking, and or vary the Booking date or Property to allow the Booking to proceed as varied. The Guest will be liable for any costs incurred as a result of any cancellation by the Manager or the Owner.
5. Security Bond
5.1 The Guest must complete the online checkin process, which includes supply of a valid credit card and photo ID, to be used by the Manager for a Security Bond.
5.2 The Security Bond is held by the Manager in the form of a pre-authorisation on the credit card provided by the Guest to the Manager of an amount of $500.00.
5.3 If a credit card is not available, the Security Bond may be paid by electronic funds transfer to the Manager’s nominated bank account.
5.4 Online checkin, referred to in clause 5.1, becomes available 7 days prior to Guest arrival and is sent via email from the Manager to the Guest. Online checkin must be completed by the Guest at least 1 business day prior to Guest arrival, or the electronic funds transfer as referred to in clause 5.3 is required to be receipted by the Manager at least 1 business day prior to Guest arrival.
5.5 The Manager reserves the right to, and the Guest authorises the Manager to, use the Security Bond, or any part thereof, to cover the cost of any loss, damage or additional expenses incurred in connection with the Booking, and any reasonable expenses incurred by the Manager or the Owner as a result of such loss, damage or additional expense, including (but not limited to):
- damage to the Property;
- damage to any furniture, fixtures or fittings;
- loss or damage to household items;
- disturbance to neighbours;
- excess cleaning costs incurred beyond the Cleaning Fee;
- removal of excess rubbish; and
- pest control services resulting from activity such as allowing pets inside the Property.
5.6 The Security Bond, or any unused portion of it, will be released or reimbursed to the Guest within 5 Business Days of the departure date.
6. Prices and Property
6.1 Prices are in AUD and inclusive of GST.
6.2 Prices as shown on the website are subject to change. The Manager reserves the right to change this information without notice. Existing Bookings that have been paid in full, or for which a Deposit has been paid, will retain the Price as per the Booking.
6.3 The Property as shown on the website is subject to change. The Manager is not responsible for any changes to the Property.
7. Property and Facilities
7.1 The maximum number of Guests and vehicles/trailers for the Property is as specified on the Manager’s website. The maximum number of Guests and vehicles/trailers is not to be exceeded.
7.2 Vehicles/trailers are not to be parked on lawns or gardens. Vehicles/trailers should be parked in designated areas only.
7.3 Guests are to be accommodated within the designated habitable rooms only. Guests (or visitors) are not permitted to stay in tents, swags, caravans, camper trailers, camper vans or any other form of temporary accommodation at the Property.
7.4 The Guest shall be provided with 1 set of keys to access the Property. The Guest shall be responsible for any breakage, damage to or loss of keys, including (but not limited to) any costs incurred to replace the keys. If the Guest becomes locked out of the Property the Guest must contact the Manager immediately. A fee of $50.00 will apply for the Manager to regain access to the Property (this excludes any costs associated with replacing any lost keys).
7.5 All property, contents, fixtures and fittings located at the Property is and remains the property of the Owner at all times.
7.6 The Guest shall not affix any fixture or make any renovation, alteration or addition to the Property, without the prior consent of the Manager or the Owner, and any alterations or modifications to Property must be carried out by the Manager or the Owner.
7.7 The Manager takes no responsibility for the suitability of the Property for the Guest’s specific requirements, and it is the Guest’s responsibility to ensure that the Property is suitable for the Guest’s specific needs.
7.8 The Guest must notify the Manager immediately of any concern with the Property.
7.9 Any damage to the Property is the Guest’s liability and the Guest must take adequate precautions to prevent any damage from occurring. The Guest will be charged for any repairs required to the Property.
7.10 The Manager shall not be liable for any loss or damages arising out of the misuse or abuse of the Property by the Guest and the Guest agrees to keep the Manager indemnified in respect thereof.
7.11 The Manager and the Owner reserve the right to access the Property, or to authorise a tradesperson or third party to access the Property, at any time during the Booking.
7.12 The Guest warrants that the Property will be returned in the same condition as the Property was hired.
7.13 The Guest must ensure bins are placed on the kerb on the designated collection day and that empty bins are brought back in. The Guest must ensure bin lids are closed properly with no items outside of the bins.
7.14 The Guest must notify the Manager immediately of any loss or damage to the Property.
7.15 The Manager will inspect the Property after the Guest’s use. Any defects, damage or state of uncleanliness shall be reported to the Guest.
7.16 The Guest will pay the cost of any damage to, cleaning or loss of the Property, which occurred during the Booking period, and any reasonable expenses incurred by the Manager as a result of such damage, cleaning and or loss to be determined by the Manager at its absolute discretion.
7.17 The Guest acknowledges and agrees that any amounts payable in relation to any loss and damage (including cleaning) suffered by the Manager shall constitute liquidated damages that are immediately due and payable by the Guest to the Manager.
8. Noise Levels
8.1 The Guest acknowledges that the Guest will ensure that the peace and quiet of neighbours is not disturbed.
8.2 No loud or abusive noise is permitted after 7pm and minimum noise is to be emitted between the hours of 10pm and 8am.
9. Functions and Events
9.1 Functions, parties and or events are strictly prohibited at the Property. This includes (but is not limited to) school leavers.
9.2 Any gathering of persons at the Property must be in accordance with the House Rules.
10.1 Unless the Property is expressly listed on the Manager’s website as being pet friendly, pets are strictly prohibited.
10.2 If pets are permitted at the Property, the Guest must notify the Manager of the intention to bring the pet and all relevant details of the pet.
10.3 The pet is to be retained outside the Property at all times and is not permitted inside the Property in any circumstances.
10.4 All pet deposits and hair must be removed from the Property prior to the departure date.
10.5 A separate pet bond of $250.00 is payable by the Guest to the Manager for a Booking which includes a pet.
11. Pools and Spas
11.1 Guests use pools and spas at their own risk.
11.2 Guests must ensure adequate supervision of children in and around pools and spas at all times.
11.3 No glass bottles or otherwise are to be taken into the pool and or spa.
11.4 Guests are not to interfere with automated cleaning equipment or filtration devices, including (but not limited to) altering settings on a pool and or spa control panel.
12. Canal Front Properties
12.1 The Guest must adhere to and abide by the Shire of Exmouth – Exmouth Marina Village Canal Boat Mooring and Management Plan and Standard Operating Procedures.
12.2 The Guest moors boats on private jetties at their own risk. The Guest is liable for any damage caused to jetties, other boats or equipment incurred during the Booking.
12.3 The Guest must ensure that they have appropriate mooring equipment and ropes to ensure safe mooring of vessels in all conditions.
12.4 The Guest is only permitted to use shore power on jetties that have appropriately fitted shore power facilities. The Guest is not permitted to refuel boats whilst they are docked on jetties or marina berths.
13. House Rules
13.1 The Guest and all visitors to the Property must comply with the House Rules at all times, including (but not limited to), the Guest must:
- supply all consumables required for the Booking, including (but not limited to) cleaning products and toilet paper;
- maintain the Property in a clean and hygienic manner;
- not partake in any illegal activities;
- not smoke inside the Property;
- respect the security of the Property and keep the Property locked and secured during the Booking;
- refrain from anti-social behaviour;
- immediately notify the Manager of any disputes or complaints;
- remove excess rubbish;
- remove all food;
- not process or dispose of fish/seafood at or within the Property; and
- not access locked or restricted areas of the Property.
13.2 In the event of a cyclone watch being announced, the Guest must:
- ensure they heed the direction of the Manager, local emergency and Government;
- continue to monitor weather warnings and advice;
- secure all loose items, bring in outdoor furniture, bins etc at the Property;
- secure lightweight boats and boat trailers; and
- ensure they have adequate emergency supplies and a first aid kit is on hand.
13.3 The Manager reserves the right to change the House Rues without notice to the Guest.
14. Guest’s Warranties
14.1 The Guest warrants that:
- the Guest has and will comply with all applicable laws, including in relation to entry to and within Western Australia and COVID-19;
- the Guest has and will comply with all lawful directions of the Manager, including in relation to COVID-19;
- there are no legal restrictions preventing the Guest from agreeing to the T&C;
- the T&C apply to the Booking only;
- the Guest acknowledges that the location of the Booking, natural hazards, environment, geography, flora and fauna may involve a significant amount of personal risk. The Guest hereby assumes all such risk and does hereby release the Manager from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks;
- the Guest will cooperate with the Manager and provide it with information that is reasonably required and necessary as requested by the Manager from time to time, to enable the Manager to carry out the Booking and will comply with such requests in a timely manner; and
- the information provided by the Guest is true, correct and complete.
15.1 The Manager may terminate the Booking and evict the Guest immediately if there has been a breach of the T&C.
15.2 Any termination of the Booking in accordance with this provision will result in all monies paid by the Guest to the Manager being forfeited by the Guest and retained by the Manager.
15.3 The accrued rights, obligations and remedies of the Manager are not affected by the termination of the T&C.
16.1 To the maximum extent permitted by law, the Guest releases, waives, discharges and indemnifies the Manager and their Representatives from any and all claims and actions, which may be made by the Guest or any third party, or on the Guest’s behalf and or any third party’s behalf, for loss, in any way arising out of or related to the Booking or the T&C, including but not limited to property loss or damage, bodily injury or death.
16.2 The Manager and their Representatives shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, arising out of or in connection with the Booking or the T&C, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise.
16.3 To the maximum extent permitted by law, the total liability of the Manager and their Representatives arising out of, or in connection with, the Booking or the T&C is limited to the total value of the Booking.
16.4 This clause 16:
- applies notwithstanding that any such claim, action or loss may come about, either wholly or in part, due to the negligence of or breach of a contractual term by the Manager;
- is intended to be as broad and inclusive as is permitted by law; and
- does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
17.1 Unless otherwise stated, all amounts payable by the Guest are inclusive of GST where applicable.
17.2 The Guest agrees to pay GST in respect of any goods or services that the Manager supplies to the Guest and or are supplied to the Guest on behalf of the Manager.
18. Costs of Recovery
18.1 Any expenses, costs or disbursements incurred by the Manager or the Owner in recovering any monies payable by the Guest, including dishonoured cheques, debt collection agency fees, solicitor’s costs and interest thereon shall be paid by the Guest on a full indemnity basis.
19.1 The Guest must obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, evacuation charges, travel interruptions, trip cancellation, theft or loss of property and force majeure events.
20. Government Requirements
20.1 The Guest shall comply with all Government (Federal and State) requirements for entry into Western Australia or to access the Property.
20.2 If the Guest contracts COVID-19 (or any other pandemic virus or disease) within 7 days of the arrival date, or is instructed to self-isolate by the applicable Government or other authorising body or other persons, the Guest must notify the Manager in writing. In such circumstances, the Guest (and any other guest cancelling as part of the Booking) will not be able to and will not be granted access to the Property. The Manager, in its absolute discretion, may offer to the Guest a transfer of the Booking to an alternative date (subject to availability). The Manager reserves the right to request supporting evidence of any contraction of COVID-19 or instruction to self-isolate.
20.3 Where a Government:
(a) requires that a person must be vaccinated against Covid-19 (or any other disease or virus); or
(b) imposes a restriction or requirement of any nature,
to be able to enter Western Australia or to access the Property, the Guest must comply with such requirement.
20.4 Where the Guest:
(a) is unable to meet any requirement (including where a Government requirement is introduced subsequent to the Booking);
(b) cancels the Booking; or
(c) is unable to access the Property,
as a result of a requirement referred to in clause 20.3 above, the Guest shall forfeit any and all monies paid to the Manager.
20.5 Where the Guest does not comply with any requirement referred to in clause 20.3 above, the Manager reserves the right to decline the Booking, cancel the Booking or refuse entry into the Property at the Manager’s absolute discretion and at the Guest’s cost.
20.6 Where the Customer is unable to proceed with the Booking, or any part thereof, due to COVID-19 (or any other pandemic) border closures and or travel restrictions imposed by the applicable Government or other authorising body, the Company, in its sole discretion, may offer to the Customer:
(a) a transfer of the Booking, or part thereof, to an alternative date within 12 months (or such longer period as is reasonable and determined by the Manager in the circumstances), which transfer option is subject to availability; or
(b) a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 12 months from the issue date (or such other longer period as determined by the Manager in its absolute discretion), provided that:
(i) any additional costs payable on the new booking will be payable by the Customer in full at the time of booking;
(ii) additional costs may apply for the Property in future seasons; and
(iii) the credit, or any balance on a partially used credit, is not redeemable for cash.
20.7 Where a Guest is directed or required to isolate during the Booking period, the Guest must immediately notify the Manager. The Guest is able to stay at the Property until the end of the Booking period.
20.8 If the Guest’s isolation period extends beyond the Booking period, the Manager may allow the Guest to continue staying at the Property until the end of the Guest’s isolation period.
20.9 At no time during the isolation period will the Guest be permitted to have maintenance staff, housekeepers or any other persons access the Property.
20.10 The Guest will be liable for all additional costs incurred by the Manager and or the Owner as a result of the Guest isolating at the Property, including (but not limited to) additional cleaning fees, any extension of the Booking and any re-location of future guests to alternative accommodation or otherwise.
20.11 The Guest releases and indemnifies the Manager and the Owner from any liability, loss or damage, of any nature, that may occur to the Guest, the Manager, the Owner or any other person. Such liability, loss or damage may include (but is not limited to) all costs, losses and expenditures arising from the Guest’s access to the Property, any cancellation of the Booking, or any injury, illness or death of the Guest or any person.
21. Force Majeure Event
21.1 If any Force Majeure Event results in the Manager being prevented from, or delayed in, performing any of its obligations to the Guest:
(a) then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon the Manager under these T&C;
(b) no loss or damage shall be claimed by the Guest from the Manager by reason thereof; and
(c) The Manager shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.
21.2 In the event of a Force Majeure Event, the Manager, in its absolute discretion may:
(d) substitute different or equivalent Property in place of cancelled or modified Property;
(e) postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Booking if in the absolute discretion of the Manager it is necessary to do so;
(f) offer a transfer of the Booking, or part thereof, to an alternative date within 12 months (or such longer period as is reasonable and determined by the Manager in the circumstances), which transfer option is subject to availability;
(g) offer a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 12 months from the issue date (or such other longer period as determined by the Manager in its absolute discretion), provided that:
(i) any additional costs payable on the new booking will be payable by the Guest in full;
(ii) additional costs may apply for the Property in future seasons; and
(iii) the credit, or any balance on a partially used credit, is not redeemable for cash.
22. Personal Information
22.2 In the course of the Guest’s Booking, photos or video may be taken by the Manager or its Representatives. These images may be used in any promotional materials, website, all social media platforms (i.e. Instagram), etc., unless the Guest specifically requests in writing to the Manager to not use the Guest’s image. Otherwise, the Manager is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Guest to use such images for publicity and promotional purposes.
23.1 The T&C are not intended to create a relationship between the parties of partnership, joint venture, employer-employee or landlord-tenant.
24.1 The T&C are personal to the Guest and are not able to be assigned.
25.1 The Manager reserve the right to update and or alter the T&C at any time for future bookings. The T&C applicable to the Guest’s Booking are those that are current at the time the Booking is made.
26. Non Merger
26.1 The covenants, agreements and obligations contained herein will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
27.1 If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must be construed as if that provision or part of a provision had been severed from the T&C and the parties remain bound by all of the provisions and part provisions remaining after severance.
28. Governing laws
28.1 The T&C are governed by and shall be construed in accordance with the laws of the State of Western Australia.
28.2 The parties irrevocably:
(a) submit to the exclusive jurisdiction of the Courts of Western Australia and the Courts competent to determine appeals from those Courts:
(i) for determination of any dispute claim or demand; or
(ii) with respect to any proceedings which may be brought at any time relating to these T&C,
(b) waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum, if that venue falls within clause 28.1.