TERMS & CONDITIONS OF TENANCY- LJ HOOKRER HARRINGTON

The terms and conditions of the holiday letting agreed to by both parties are as follows, and withdrawal from the same by you permits the owner or agent to refuse the hand over of the key, amend the charge or immediately terminate the occupancy. When a guest registers or an invitee of a guest enters the premises, they are deemed to have agreed to be bound by these conditions.

  1. TARIFFS

a) A DEPOSIT of 50% of the total cost of your booking plus the non-refundable $40 (incl GST) booking fee (plus receipt of the Security Deposit/Credit Card Authority Form and Acknowledgement of these Terms and Conditions) is required upon reservation to ensure that your booking is confirmed. When booking within 8 weeks of booking commencement date, full payment is required. We cannot accept responsibility for any booking without the above being received by our office WITHIN 7 DAYS of the booking being made. If all of the above items are not received by the due date, your booking will be CANCELLED WITHOUT FURTHER NOTICE to you. Please choose your booking carefully as deposits are not transferrable (see clause 5 below). All properties incur a cleaning charge. We accept bank cheque, EFTPOS or credit card (Visa or Mastercard only). Personal cheques that are dishonoured will incur a dishonour fee.

b) Credit card payments incur an additional surcharge of 1.75% (subject to change without notice dependant of financial institutions’ fees and charges)

c) Personal cheques will not be accepted within 14 days prior to arrival.

d) Any balance of holiday tariffs owing is be paid and received 8 WEEKS PRIOR TO YOUR ARRIVAL. Occupancy will not be provided until all monies and all paperwork is received.

e) Keys will not be given out unless full payment has been made and all paperwork received including Credit Card details which will need to be confirmed in person on arrival.

f) If guest/s extends their booking during their stay, the balance of the tariff will be due and payable upon extending.

g) All tariffs are subject to increase without notice, especially in the case of the premises being upgraded or renovated and on instructions from the owner, and in respect of genuinely misquoted accommodation fees. Guests will be given the opportunity to pay the increase or obtain a full refund of the deposit paid.

h) With the exception of the owner, current occupants have first preference for the same property at a similar time for the next year, however to hold this preference must make the rebooking PRIOR TO THEIR DEPARTURE DATE. Rebooking’s will not be taken on Thursdays, Fridays, Saturdays and Sunday’s during school holiday periods. Rebooking’s will only be confirmed upon payment of required deposit & WILL ONLY BE ACCEPTED WHEN THE PREVIOUS OCCUPATION HAS BEEN SATISFACTORY. If a deposit is not paid and paperwork not received by the due date, your booking will be CANCELLED (see clause 4).

i) Unless otherwise stated, bookings for School Holiday periods are strictly Friday to Friday (subject to Public Holidays) and all rates are quoted on a weekly basis. Outside School Holiday periods we may take bookings for broken weeks, and rates will be quoted on request.

j) OWNER HAS FIRST RIGHT TO OCCUPANCY - This booking is made in good faith, but we cannot be held responsible for actions outside our control taken by the current or new owner/s of the premises.

  1. SECURITY DEPOSITS

By accepting these terms and conditions or using the YesBookit Card Saving feature, you agree to:

1. Tenants/guests Credit Cards will be saved and may be charged for certain losses or expenses after their stay such as damages to the property, lost or stolen propery and or extra cleaning charges. Please advise any friends who may be accompanying you.

2. All payments are to be by Tenants/guests Credit Cards and by confirming payment you acknowledge our Terms and Conditions. 

3. Tenants/guests Credit Cards may be charged up to 6 weeks after departure once an inspection has confirmed the condition of the premises. 

4. If a tenant/guest in the premises breaches any of these Terms and Conditions of Letting, the Agent is authorised, without giving you prior notice, to claim the full amount of the security deposit and you will have no claim against the Agent in respect to them doing so. Where the value of the loss or damage caused by the breach of these Terms and Conditions exceeds the value of the security deposit, the agent, in addition to any other rights the Agent or the owner of the premises may have at law or in equity, has the right to recover from the tenant/guest any costs incurred as a result of the breach.

5. A REFUNDABLE SECURITY DEPOSIT (of currently $500 / $1000 / $1500 property dependent) must be paid for all bookings on all properties before collecting keys. Please advise any friends who may be accompanying you.

6. An additional fee of $22 will be charged if a bond claim is required to be processed (please advise any friends who may be accompanying you in this regard).

7. All of the tenant/s and guests of the tenant/s jointly and severally agree in consideration of the payment of the security deposit as follows:

- The guests hereby authorise the manager and/or servants and agents of the manager to take and retain a copy of the tenants/guests credit card details

- In the event that the property has been either damaged, whether such damage is wilful or not, in the sole and absolute discretion of the manager or his servants and agents, or left in an excessively dirty or untidy state in the sole and absolute discretion of the manager and its servants and agents, the manager may without reference enter a debit up to the full value of the Security Deposit on the credit card of the tenants/guests and the tenants/guests hereby authorise us to do so without the tenants/guests having any further claim against the agent for doing so.

8. Should you choose to complete this online, you acknowledge and understand that by selecting and confirming your booking payment binding as printing and signing the document in person and you accept that you are bound to the Terms and Conditions of the tenancy, by this action.

  1. ARRIVAL / DEPARTURE TIMES

a) ARRIVAL TIME is from 2pm on the day of arrival unless advised differently on a Saturday and DEPARTURE TIME is strictly 9.30am on the day of departure. Keys are to be picked up from our office by 5.00pm Monday to Friday, or 2:00pm Saturdays unless advised on closing time prior to your arrival keys will then be left out for your collection.

b) We cannot allow access for the storage of refrigerated items prior to 2.00pm. Please do not ask as we do not wish to offend.

c) On arrival guests will be required to provide a driver’s license/photo ID and credit card details you have provided on your Security Deposit Form to confirm details on arrival.

d) If you intend to arrive out of hours or have another party collect keys on your behalf (please provide this information, please notify the office in the week prior to your arrival. If arriving out of business hours, keys may be made available by arrangement only, but under no circumstances will keys be left out unless the balance of your accommodation is paid in full and all paperwork is received and details confirmed prior to your arrival date.

e) The agent will not be responsible for alternate accommodation or any other cost when tenants arrive out of hours.

f) If on arrival by a tenant/guest the premises are found stale (unclean), or it comes to the attention of the tenant/guest that the premises have been damaged, the tenant/guest must promptly notify the Agent and allow the Agent or its agents, contractors or employees access to the premises for the purposes of inspection and if necessary cleaning or repairing of damage. Failure to inform us immediately deems the tenant to have accepted the property in the condition of arrival.

g) Extended stays may be permitted, if available, and prior arrangement has been made.

h) LATE DEPARTURE: The property must be vacated on time, and on vacating all keys, remote controls, etc are to be RETURNED TO OUR OFFICE at 23 Beach Street immediately on vacating the premises, unless alternative arrangements are made (The purpose of these times is to allow the necessary time to clean the premises for new incoming bookings. Please consider your fellow incoming holiday occupants). All windows and doors are to be secured and locked.

i) If the keys are not returned within the allotted time a “late check out fee” of $50 per 30mins overtime will be charged.

It is acknowledged and agreed that the Agent is not required to undertake an inspection of the property in the presence of the tenant/guest on vacating the premises.

j) As our properties are NOT SERVICED, you are required to leave the premises IN A SIMILAR CONDITION TO WHEN YOU ARRIVED including emptying rubbish bins, cleaning spillages, washing and drying all dishes and putting same away, emptying the dishwasher, emptying and cleaning of the refrigerator, oven/griller and microwave, cleaning of the BBQ, leaving the beds neatly folded back, turning off the lights and cooling/heating appliances. Charges will apply.

  1. LINEN

a) Unless otherwise stated, guests will be responsible for providing their own linen (sheets, pillowcases, beach towels, bath towels and tea towels).

b) Linen must be used on all beds. Failure to comply, will incur an extra cleaning fee, charged to the guest.

c) Soiling or damaging any linen or pillow and protectors, will incur an extra cleaning fee or will be charged the cost of replacement if required.

  1. CANCELLATIONS

a) CANCELLATION: If less than EIGHT (8) WEEKS NOTICE is given, then NO REFUND WILL APPLY unless another tenancy is secured for the WHOLE of your booking period (travel insurance is recommended, particularly for high-cost bookings). If a booking is found for the whole of your booking period, or if more than eight (8) weeks’ notice is given, then your money will be refunded, less one of the following fees:

i) SCHOOL HOLIDAY CANCELLATION FEE: $55.00 cancellation fee plus reimbursement of any eftpos/bank fees if applicable; or

ii) NON-SCHOOL HOLIDAY CANCELLATION FEE: $22.00 cancellation fee plus reimbursement of any eftpos/bank fees if applicable.

b) PROPERTY TRANSFERS: If a transfer from one property to another, owned by different landlords, is requested, the transfer will be treated as a cancellation, and the associated fees and charges will apply (see above).

c) No refund is made on the unused portion of rent, if guests vacate the property prior to their departure date.

Note: the initial booking fee of $40.00 and any credit card and cleaning charges are non-refundable.

  1. PETS

a) Pets are not permitted on the premises unless the property is designated “Pet Friendly”, or by strict prior arrangement only. If pets are found at the property without being notified, the booking will be terminated and the guests will be asked to vacate with no refund made.  

b) Each ‘pet friendly’ property has individual terms and conditions set by the landlord of the property which MUST be adhered too.

c) The property must be kept odour and excrement free. Failure to comply will result in a cleaning fee being charged to the guest.

d) The guests accept full responsibility and any damages caused by pets 

e) Failure to comply with any properties terms and condition, will result in the booking will be terminated and guests will be asked to vacate with no refund made.

f) Any pest control required as a result of a pet inside and or on the premises will be charged to the guest.

g) The guests accept full responsibility for their pets and indemnifies the landlord and the agent for any claims or injuries to third parties caused by any guests or their visitor’s pets

  1. GUEST RESPONSIBILITIES

a) The property must not be used for unlawful purposes.

b) It is the guest’s responsibility to maintain the cleanliness of the property during the lease period. 

c) The properties are furnished and equipped for the number shown, EXTRA GUESTS WILL NOT BE TOLERATED. We want you to be comfortable, so please tell us how many are in your party (including ALL children), or any special needs that we may be able to help you with. NO EXTRA MATTRESSES ARE TO BE BROUGHT ONTO THE PROPERTY. If the property is reported to be overloaded, the booking will be terminated and guests will be asked to vacate with no refund made.

d) The premises are let for residential holiday accommodation purposes only. Functions, parties and extra guests are strictly not allowed and PENALTIES APPLY. Any type of function, party or get-together will incur a MINIMUM non negotiable function fee of $500 and immediate eviction will occur without refund of any unused stay. In addition the security deposit may be claimed in full where any cleaning is required or damage results to the premises.

e) All guests must conduct themselves in a proper manner so as not to cause a nuisance, including excess noise, or interfere with the use or enjoyment of the property for other occupiers or neighbouring properties. Unruly, loud or offensive behaviour will not be tolerated. In most cases one (1) warning will be given before cancellation of your booking, however if the police are called than NO warning will be given and the booking will be cancelled immediately.

f) Upon cancellation of a booking you will be required to vacate the premises and return the keys to our office within one (1) hour of such notice. There will be no refund of any unused portion of your booking.

g) Premises are furnished to the individual property owner/s taste and style and the Agent takes no responsibility for any unmet expectations of guests, or any changes made by the owner to the décor, furnishings and equipment to the premises.

h) Furniture is not to be moved around. Items are not to be moved from room to room or property to property. A fee will be charged should this occur.

i) Guests are responsible for the safekeeping and replacement of accommodation keys and remote controls. Duplicate keys are not available. The agent reserves the right to charge a service fee of $100 (which will be donated to Cystic Fibrosis Australia) for having to provide occupants with keys out of normal business hours – please note this service is a courtesy at the agent’s discretion, not a requirement of the agent or staff.

j) Tenants/Guests will be responsible for damage (beyond fair wear and tear) to the property or premises or loss of or damage to any items at the property, including but not limited to floors and floor coverings, furniture and fittings, kitchen utensils, crockery, glassware, cutlery, and the tenant/guest will pay to the agent the full cost of replacement or repair of any such items damaged or lost. All breakages, damage, lost keys, remote controls or property are to be reported to the Agent and PAID FOR IMMEDIATELY. All furniture and equipment must be left in the premises as originally found.                                              

k) Tenants/guests will be responsible for costs incurred for retuning TV/VCR’s which have been detuned by guests or by the attachment of electronic devices, playstations, etc.

l) All guests are responsible for keeping the property secure during their stay and will be responsible for any theft or damage due to neglect in this area.

m) No responsibility is taken for tenants’ personal property brought upon, damaged, destroyed, left at or near the premises or lost during the occupants stay. 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 controls. It is recommended that the guests take out personal property insurance or adequate travel insurance should any unexpected situations arise before or during your travel period.

n) The guest is not permitted to remove or interfere with the operation of a smoke alarm. The guests are required to notify the agent as soon as practicable after becoming aware of the need for the battery or smoke alarm unit appears faulty.

o) In case of apartments, units and villas, car parking or carports are numbered. Extra vehicles, boats etc are to be parked outside the grounds unless other satisfactory arrangements are made with the Agent. Strata By-Laws must be adhered to by all occupants and visitors of the occupant at all times.

p) Strictly no tents, caravans, or extra mattresses or bedding are permitted on the property. An extra fee will be charged.

q) Any areas designated as private by the owners are strictly out of bounds.

r) Tenancy Databases: LJ Hooker Harrington is a member of TICA and YesBookIt Bad Books Guest Register. Any guest defaulting on their tenancy as a result of unpaid tariffs, malicious damage or serious breach of Terms and Conditions may be listed complying with legislation and acts.

s) Guests may only park in designated areas.

t) The cost of the standard clean is included in the tariff charges. LJ Hooker Harrington reserves the right to charge any additional costs above the standard clean from guests at or following a departure as stated in section 3.

  1. FAULTS / PROBLEMS

a) All holiday properties under LJ Hooker Harrington management are privately owned and are rented on a fully self-contained basis. In the event of faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner or LJ Hooker Harrington to compensate or discount.

b) LJ Hooker Harrington will accept no responsibility for any inconvenience with machinery breakdown. The agent’s best endeavours to repair, replace or hire an alternative will be undertaken.

c) If a situation arises which we have no control, LJ Hooker Harrington reserves the right to move guests to alternative accommodation (subject to availability) at their discretion or at the direct instruction of the property owner. If this is the case, we will notify all guests as soon as possible and make every reasonable effort to make sure they are satisfied with their new address.

d) In the event of any renovation/building work being carried out near the holiday premises, such work is beyond the control of the Agent and the owner and the Agent cannot accept responsibility for any disturbance, noise or inconvenience tenants/guests may suffer as a result. No discount will be negotiated in these circumstances.

e) Occupation of premises which in the absolute discretion of the Agent causes nuisance or annoyance to adjoining or neighbouring occupiers, will be TERMINATED forthwith.

f) You are required to allow repair and/or service personnel to enter the premises for the purpose of conducting any repair or service deemed necessary by the Agent. Such times of entering will be arranged prior where possible, and unless in the opinion of the Agent an emergency situation could exist or arise, will be between the hours of 9.00am & 5.00pm.

g) Tenants/guests requesting a service call which is subsequently found not to be required will be charged the applicable service call-out fee.

h) It is standard procedure for us NOT to charge an additional cleaning fee, however WE RESERVE THE RIGHT TO CHARGE AN ADDITIONAL FEE SHOULD THE PREMISES NOT BE FOUND IN A SATISFACTORY CONDITION ON YOUR DEPARTURE (see Clause 3 - Departure above). Excess garbage, bottles, boxes, etc will not be collected by Council and must be removed and disposed of by the guests. Garbage pick-up is Thursday night for early Friday morning. Should your bins be more than 1/4 full on your departure, WE RESERVE THE RIGHT TO CHARGE AN ADDITIONAL FEE in this instance also.

i) We hope you catch plenty of fish, but please clean them at the boat ramps and not at the premises. Smoking is not permitted inside the premises. Guests must discard cigarette butts into the rubbish bins. Cigarette butts discarded into garden beds may incur an additional charge for cleaning.

j) A $40 BBQ cleaning fee will be charged for an unclean BBQ.

k) We endeavour to have the BBQ gas bottles full but if the gas does run out while you are at the property please take your key tag, empty gas bottle, holiday property address and the name the booking is in (your last name) to Harrington Service Station, 85 Beach Street, Harrington, and charge the swap and go cylinder to the LJ Hooker Harrington account.

l) LEFT ITEMS – if requested we will endeavour to recover and return items inadvertently left in a holiday property, but we take no responsibility for recovery or return of these items. Postage and packaging and the cost of sending out a staff member to search for the item will need to be paid for in advance, a minimum cost of $27.50 incl GST plus postage applies, this is at the guests expense. Low value items will be held for claiming if returned to our office, for a maximum of 14 days and if not claimed will be disposed of or donated to charity.

m) The agent and their contractors will not be held responsible for left items.

n) LJ Hooker Harrington may inspect the property with reasonable notice at any time without notice if there is any belief that there has been a breach of these conditions.

o) If the occupancy ends or the tenancy is terminated, guests must immediately vacate the property. LJ Hooker Harrington is authorised to do whatever is required to enforce the eviction of any guest and removal of guests property.

p) Nothing in this agreement shall compromise the manager to issue legal proceedings in NSW or elsewhere at its discretion seeking damages and/or punitive relief for any expenses or implied breeches of this agreement and/or any

claim which may arise by reason of the negligence and/or wilful damage of the tenants/guests and/or the invitees whatsoever.  

q) Complaints are to be in writing. We do appreciate you drawing these matters to our attention & will do everything possible to rectify any problems.

r) Sorry, Schoolies bookings cannot be accepted as we do not have the policies, procedures and / or resources to accommodate these bookings.

  1. PROPERTIES FOR SALE

a) In the event of the property being offered for sale, the tenant agrees to allow the Agent to inspect the property with prospective purchasers during reasonable hours by appointment.

b) When a booking is made, the deposit is accepted for the owner at the time. If the property is for sale, and the ownership changes before your holiday, we cannot guarantee that the property will remain available. A full refund will be provided if this is the case. We cannot accept responsibility for decisions made by the new owner.

c) If a property is sold, guests will be notified as soon as possible so that alternative accommodation can be organised.

  1. DISCLAIMER

a) Any printed, written or verbal description of the premises by the agent or an employee is made in good faith, however from time to time aspects of the content may be out of date due to certain information being provided by others including owners, and for that we accept no responsibility for its accuracy or any wrongful description which may occur. Should the property not meet your expectations, no refund will be issued.

b) LJ Hooker Harrington acts as letting agent on behalf of the owners and in accordance with the owners instructions. LJ Hooker Harrington reserves the right to take appropriate remedial action and/or seek compensation for any serious breach of these conditions of letting.

c) All bookings are taken in good faith and arranged for the dates shown on the receipt, having regard to the circumstances existing at the date of the receipt being issued, on behalf of the current owner of the premises. The agent will not accept responsibility for any decision, action or arrangement of the current or a new owner of the premises, including but not limited to the sale of the property, withdrawal from rental, the property being rendered uninhabitable, a change in the accommodation fee or the alteration of the property in a way prior to your occupation. We reserve the right to cancel any booking should anything arise, which in our opinion absolutely renders the booking impractical. In that event we shall notify you as soon as possible and do our best to arrange alternative accommodation or dates suitable to you, failing which all deposit monies will be refunded, but no other claim, right or action or demand shall exist in or be made by either party.

The registered tenant/guest solemnly and sincerely declare the information given is true and correct and have supplied the information of their own free will.

I fully accept the terms and conditions as listed above on behalf of all occupants and invitee’s staying at the property during the booking period. I further acknowledge that responsibility for any costs associated with our stay (including any additional charges relating to the cleanliness of the property on our departure), the actions of all occupants, the care of the property during this period, and for rectifying and/or paying for any breakages that occur during our stay, as outlined above.  By agreeing to the terms and conditions, I accept that my email address may occasionally be used for marketing purposes with the LJ Hooker organisation.

WE HOPE YOU HAVE A HAPPY HOLIDAY!

Security Authorisation form - https://app2.yesbookit.com/ybi?agent=LJH&mod=site-PDF&num=2

By accepting these terms and conditions or using the YesBookit Card Saving feature, you agree to:

1. Tenants/guests Credit Cards will be saved and may be charged for certain losses or expenses after their stay such as damages to the property, lost or stolen property and or extra cleaning charges. Please advise any friends who may be accompanying you.

2. All payments are to be by Tenants/guests Credit Cards and by confirming payment you acknowledge our Terms and Conditions. 

3. Tenants/guests Credit Cards may be charged up to 6 weeks after departure once an inspection has confirmed the condition of the premises. 

4. If a tenant/guest in the premises breaches any of these Terms and Conditions of Letting, the Agent is authorised, without giving you prior notice, to claim the full amount of the security deposit and you will have no claim against the Agent in respect to them doing so. Where the value of the loss or damage caused by the breach of these Terms and Conditions exceeds the value of the security deposit, the agent, in addition to any other rights the Agent or the owner of the premises may have at law or in equity, has the right to recover from the tenant/guest any costs incurred as a result of the breach.

5. A REFUNDABLE SECURITY DEPOSIT (of currently $500 / $1000 / $1500 property dependent) must be paid for all bookings on all properties before collecting keys. Please advise any friends who may be accompanying you.

6. An additional fee of $22 will be charged if a bond claim is required to be processed (please advise any friends who may be accompanying you in this regard).

7. All of the tenant/s and guests of the tenant/s jointly and severally agree in consideration of the payment of the security deposit as follows:

- The guests hereby authorise the manager and/or servants and agents of the manager to take and retain a copy of the tenants/guests credit card details

- In the event that the property has been either damaged, whether such damage is wilful or not, in the sole and absolute discretion of the manager or his servants and agents, or left in an excessively dirty or untidy state in the sole and absolute discretion of the manager and its servants and agents, the manager may without reference enter a debit up to the full value of the Security Deposit on the credit card of the tenants/guests and the tenants/guests hereby authorise us to do so without the tenants/guests having any further claim against the agent for doing so.

8. Should you choose to complete this online, you acknowledge and understand that by selecting and confirming your booking payment binding as printing and signing the document in person and you accept that you are bound to the Terms and Conditions of the tenancy, by this action.

 


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