Terms and Conditions

NSW FAIR TRADING INDUSTRY STANDARDS

PALM BEACH HOLIDAY RENTALS TERMS AND CONDITONS

GENERAL INFORMATION  

Palm Beach Holiday Rentals (“we”, “our” and “us”) make properties available to guests (“you”) for short term accommodation.   

When you make a booking with us, you and everyone who accompanies you, agrees with and will comply with the Palm Beach Holiday Rentals Terms and Conditions.  

Bookings:  

A booking will not be confirmed until we have received a deposit and copy of the signed agreement. Credit card bank fees apply. (approx. 1.5% for Visa and Mastercard, subject to bank variations).  

Payment of booking: 

For all bookings commencing within 30 days, we require full rental payment inclusive of refundable security deposit.  

For bookings commencing more than 30 days in the future, we only require the 50% rental deposit amount within 5 business days.  

Upon payment, please ensure that you send through the details for your nominated bank account where you would like your Security Deposit to be Refunded. (We cannot refund security deposits to a credit card) and return by email as soon as is possible. 

Please note that ALL OUTSTANDING MONIES must be receipted in our office Thirty days (30) prior to taking occupation of the rented property. The property will not be held beyond the deposit due date and will be rereleased to the market for other guests to book. 

Guest numbers:   

When making a booking, you must provide a full guest list which is not to exceed the maximum number of guests allowed – See property information for maximum guest numbers.  

You will need to provide all names and contact numbers of guests over 16 years of age on the registration form that are staying at the property. Provisions of these details is a condition of access. 

Availability and rates:   

See property information or contact Palm Beach Holiday Rentals on 02 9974 5688 or hmanager@pbhr.com.au. Rates and availability are subject to change until a booking is confirmed.  

Cleaning:  

Please note cleaning charges will apply to the property when making a booking.   

Party Policy: Zero Tolerance for any parties, events, or disruptive behaviour. If any of the aforementioned occurs at the property it may result in immediate eviction from the property and all security deposit funds forfeited. The properties are to be used for accommodation only and only for those guests registered on the booking. 

Code of Conduct:  

Palm Beach Holiday Rentals follows best practice policies to ensure the properties we represent for short term accommodation are safe, secure and protected – and not damaged.   

As these properties are not in commercial areas, Government regulators and Councils also have strict rules and requirements for holiday letting and will prosecute those who book properties for holiday/short term and do not abide by the short-term holiday letting regulations for reasons such as: noise, disturbance, parties and overcrowding etc…  

Palm Beach Holiday Rentals represent the luxury end of the short-term holiday letting market and we have fair yet strict guidelines also. We require an undertaking from guests and clients who book for short term ‘accommodation only’ not to have parties, events or gatherings and give an assurance that the property rented is for the use of registered guests and for the use of those people. A day/evening visit/luncheon/dinner by a few friends is permissible if confirmed with the Palm Beach Holiday Rentals team in advance.   

For details of your rights and obligations please follow the link to the CODE OF CONDUCT FOR SHORTTERM RENTAL ACCOMMODATION administered by NSW Fair trading – CLICK HERE TO VIEW  

Welcome:  

We welcome you to this beautiful property where guests can relax and unwind in comfort and luxury.  Palm Beach Holiday Rentals strives to ensure that each and every guest enjoys an experience beyond their expectations; if you have any special requests please don’t hesitate in contacting us.   

We ask that you please read and abide by the Terms and Conditions (especially our strictly enforced ‘no party policy’). We ask guests to show the upmost care and responsibility as it is expected that the property and furnishings be returned in the exact same condition at the end of a stay as at the beginning. Furniture located within the property is not to be moved/rearranged during the course of your booking.   

When booking please understand it is a requirement that any damage and/or accidents, unintentional or otherwise, are a responsibility of the guest and that the guest will meet these costs, small or large. Given its definition we do accept that accidents may occur, but any accident is the responsibility of the guest. Of course, Palm Beach Holiday Rentals will always go above and beyond to repair/replace damages through the most cost-effective means in order to restore the property to the same condition as it was before the guest took occupancy.   

It is important that guests choose a property to suit their expectations whilst knowing ours. It is our expectation that our properties are solely used for quiet holiday purposes and that guests understand their responsibilities before booking. Of course, if there are any questions, please ask and we will be more than happy to explain to ensure you experience your perfect getaway.  We thank you and look forward to welcoming you soon.  

PALM BEACH HOLIDAY RENTALS TERMS AND CONDITONS  

  1. Reservations/Bookings:   

Your booking will be confirmed on receipt of full cleared payment, which constitutes your acceptance of the Terms and Conditions. The person who made the booking must be the same person when changing or cancelling the booking and coordinating payment – we accept EFT, Visa & Mastercard. All payments must be in Australian dollars. Visa/Mastercard payments will incur a service fee as set out by the payment portal. Amendment fees will apply to changes in bookings. A one-off booking fee applies to all bookings and is charged at the time the booking is made.    

  1. Rent Payment and Security deposits:   

The rent monies and security deposit will be deposited into a legislated Trust Account with the ANZ Bank and will be held until disbursable following the departure of the booking. Moneys held in the Trust Account do not accrue interest.  

At the conclusion of the rental, or at other times as provided in these Terms and Conditions, these monies will be paid to the owner of the property, less commissions payable to Palm Beach Holiday Rentals and agents where applicable. Any security deposit claim will also be subject to a $50 per hour administration charge. Please note, security deposits cannot be refunded to a credit card.   

The security deposit can take up to 12 working days to be refunded. In the event that repairs are to be made, the security deposit will be kept until such time as repairs can be assessed and completed, and then the security deposit money will be applied to pay for the repairs (or reimburse the owner if they have paid), and the balance, if any, refunded to the guest. The guest may be required to make further payment if there is loss or damage exceeding the security deposit amount held.   

  1. Cancellation by you:  

Should you cancel your booking (for any reason) more than three (3) months prior to the commencement date of the booking, then you will be entitled to a refund of the deposit paid less a cancellation fee of $300.     

Should you cancel your booking (for any reason) within three (3) months of the commencement date of the booking, then you will not be entitled to a refund of any monies paid unless the accommodation is relet for the whole term of the Agreement at the full rent,  less a cancellation fee of $300, less the shortfall (if any) between the rent that would have been received from the booking and the rent actually received when the accommodation is re-let, over the stay (term) of the booking.    

  1. Cancellation by us:  

We may cancel your booking if the ownership of a property changes and the new owner does not desire to continue with our appointment as letting agents or does not desire to make the property available for short term accommodation either entirely or during certain periods. If we cancel your booking for this reason, we will offer alternative accommodation for the stay (term) booked. If you decide that this alternative accommodation is not suitable, you may cancel the booking and receive a full refund with no cancellation fee deducted.   

We may also cancel your booking if we cannot make the property available by reason of an event outside of our control which makes the property unfit for occupation, such as storm damage, flood damage or fire damage, Act of God, any occurrence that renders the property unfit for occupation, or unable to be occupied as a result of a NSW Government Health Order or restriction or short term accommodation restrictions which restrict the use of the property for holiday lettings. If we cancel your booking for this reason, we will either offer alternative accommodation for the stay (term) booked, or a deferral of the booking for that property to a new date for the same stay (term), subject to your date suitability, within 13 months from the commencing date of the booking, without a booking amendment fee. Any difference in pricing due to date variation will be payable. If you decide that neither of these alternatives are suitable, you may cancel the booking and receive a refund less a cancellation fee of $300 which is deducted.   

If an event happens during your stay which is outside of our control which makes the property unfit for occupation, such as storm damage, flood damage or fire damage, or a NSW Government Health Order or restriction is imposed during your stay which means that we ask you to vacate the property, then we will refund you the rent for the remainder of your stay, pro rata.  

In the unlikely event the property becomes unavailable due to unforeseen reasons at the discretion of the owner of the property, Palm Beach Holiday Rentals reserves the right to cancel at any time without notice due to these special circumstances, and in this unlikely scenario you will receive a full refund and our full assistance in sourcing alternative accommodation options. Please acknowledge that Palm Beach Holiday Rentals is not the owner of the properties but rather acts as an agent for the owners and neither party is liable for any losses to any third-party bookings. We highly recommend guests take out travel insurance to cover for unforeseen circumstances and damages, and this recommendation also applies to Australians travelling within Australia.  

When we refund monies for a cancellation, we do not refund Visa & Mastercard service charges.  

  1. Primary Guest:   

The person signing this booking form will be designated as the Primary Guest and will be nominated as the primary contact for the booking. The Primary Guest must be at least 25 years of age, warrants that he/she is authorised to agree to the Terms and Conditions on behalf of all occupants and takes full responsibility to ensure that all occupants (and any guests or invitees of such occupants) understand and agree to the Terms and Conditions. A mobile phone number must be provided and be contactable when occupying the property 24/7 for security purposes.   

  1. Property Usage:   

The property is to be used for short term residential accommodation (holiday letting) only. The property may not be used for any commercial purpose, such as a wedding, party, gathering or any function. The property is not let as a residential tenancy.   

  1. Check-In, Check-Out & Keys:   

Check-in is from 2pm onwards and check-out is at 10am. Arrival and Departure information regarding access and proper check out procedures will be communicated to the Primary Guest within 48 hours of their booking, provided Online Registration has been completed.  

Early arrival/late departure requests cannot be confirmed more than 24 hours prior to your booking. An early check in and late check is not available during the peak summer season.   

  1. Internet:   

The property may have a broadband internet connection. If the property you have booked does offer internet connection, the WIFI username and password will be provided to guests once checked in.  

The operation of any internet connection during this reservation is not guaranteed and may be disrupted or not be available. Any internet or wifi service offered at a property is an additional amenity provided free of charge to guests and does not form part of the rental amount for that property. As such, any delays, disruptions, or outages that may occur during the course of a booking are not cause for any monetary compensation.  

  1. Parking:   

Refer to property information or ask Palm Beach Holiday Rentals for parking availability.   

  1. Housekeeping & Maintenance:   

The cleaning fee payable for all bookings includes standard general cleaning. Should the property be left in a state that requires cleaning beyond the standard, extra charges may apply. The occupants are required to leave the property in the same neat and tidy condition as it was when they arrived, with any soft furnishings/cushions that are intended to remain inside under cover brought in prior to departure. This includes, without limitation, fridge cleaned out, BBQ tidied after use, and rubbish to be placed in appropriate council bins provided and placing the bins on the street for collection upon vacating the property.  If additional rubbish that does not fit in the designated council bins is required to be removed from the property, the cost will be charged against your security deposit.  

Extra cleaning and linen services during the course of your stay can be arranged for an additional charge.  

  1. Garbage Removal:  

Please put all the garbage bins on the kerb side before departing the property. If additional rubbish is left behind, the Guest Concierge will organise for a private contractor to collect and dispose of the additional  rubbish at the guest’s expense, at the cost of $55 per bag.   

  1. Smoking & Pets  

All properties have a strict no smoking policy.   

Designated houses will consider pets on request. In addition to our Terms & Conditions, Pet Terms and conditions must be signed prior to check in.   

  1. Loss, Damage or Injury:   

Palm Beach Holiday Rentals, the property owner, and their respective employees and agents, take no responsibility whatsoever for loss or damage of any property, or personal injury or death, of any occupant, guest or invitee of any such occupant and they each exclude all liability to the maximum extent permitted by law. You acknowledge the environment in which the property is located and must take extreme care including, without limitation, observing safety signage, fire and safety directions and procedures and exercise caution whilst inside and when venturing outside the property.   

You must report breakages immediately (or as soon as practical) and are responsible for loss or damage of property belonging to you, or your guests, and for the damage or loss of property belonging in the property during the stay.   

The security deposit will be kept for 12 working days after vacating the property for this purpose. We recommend insurance as security for the event of accident or sickness or travel insurance for cancellation caused by unforeseen circumstances. Please be aware of any surrounding natural bush land and there may be dangerous snakes, spiders and other animals and bugs including ticks from time to time at some properties. If you are sensitive to insects, please insure you use an insect repellent and wear covered shoes if you are bush walking.   

  1. Noise, Parties & Behaviour:  

The house is for registered guests only (as indicated above). Parties or any disruptive behaviour are not permitted under any circumstances. There is to be no disturbing noise between 10pm to 8am, with no excessive noise at any other time. A $100 deduction will be charged with each Concierge callout. A private security company may be required to assist, which could involve two security personal for a minimum of 4 hours each at the cost of the guest. If your behaviour, or that of your guests, causes damage, danger or annoyance we reserve the right to ask you to vacate the property immediately. Please note: functions of any kind are not permitted and the invitation of additional guests not registered in the booking and/or beyond the home’s capacity will enact our Party/Event Disturbance Policy. The Party/Event Disturbance Policy is still breached if the only occupants in the property are all registered guests violating the policy. If you breach this agreement, you will forfeit your entire security deposit in addition to any damages, cleaning and Concierge and security call outs. Any breach of contract will forfeit your security deposit. 

Please note: Our policy here must be extremely strict due to our responsibilities to our owners and their homes. If guests damage/break chattels or invite additional guests, then we have little recourse as we must protect our owners and their homes. We are not unreasonable by any means; therefore, if you think your ideal weekend would meet expectations, not damage the house, or cause any neighbourly grievances you are welcome to book our properties.  

  1. Party/Event Disturbance Policy:   

In the event we have received complaints of concerns from neighbours of a party/event takes place at a Palm Beach Holiday Rentals managed property where there are imminent concerns for the welfare of the neighbours and/or property itself, then the following procedure may be triggered:   

  • Our Concierge will phone first and, if the issue is not resolved, attend immediately (at your cost) and attempt to resolve the concern.   
  • If a resolution is not forthcoming, they will request immediate eviction as per these Terms and Conditions.   
  • If this is met with resistance the Concierge is instructed to call Private Security (at your cost for a minimum of 4hrs for 2x Security Personal). Our Private Security team will secure the premises, safeguard from damage and remain indefinitely or until the property is secure (this is at the Security/Concierge’s discretion).   
  • The Police will also be called and if Councils are alerted further fines to you may arise.    

Please note, the above procedure does not need to be enacting to indication that the Party/Event Policy has been breached. If any party/event occurs on site, regardless of the above procedure being put into force, the same ramifications for violating the strict No Party Policy will still apply and all security deposit funds are subject to forfeiture.  

By agreeing to these Terms and Conditions you agree to this procedure and all costs being as set out in this term.   

As explained above, this costly, zero tolerance approach is necessary to protect our homes.   

We are not unreasonable and encourage guests to talk to us if they are concerned. We know that 99.9% of our guests are respectful and responsible people who simply wish to unwind in comfort and enjoy their holiday – this is what we strive to provide. Please, if in doubt, talk to us as these measures are not designed to prevent our guests from the normal, relaxing use of a holiday home – only to prevent those who believe having a party is acceptable.   

  1. Guest Services:   

Our Guest Services team will be of assistance for check-ins and is happy to offer advice at this time and by phone when required. However, we kindly ask you to respect her/his time during the weekends and evenings unless it is an emergency. If additional services are requested of the Concierge, please contact Palm Beach Holiday Rentals during normal business hours Monday to Friday, 9am to 5pm, or on Saturday 9am to 4pm on 02 9974 5688, or via text on the Guest Services mobile. The Concierge is happy to assist in organization of additional services as shown on our website and beyond.    

Your holiday home has a digital compendium you can refer to with all pertinent house notes and information. If you have additional questions, please feel free to contact us between 9am to 5pm, Monday to Friday & 9am to 4pm on Saturdays, or via text or email. Please restrict after-hours calls/texts to emergencies only. Any non-emergency calls/texts will be attended to within regular business hours. After-hours non-emergency calls/texts may incur a $100 fee. 

  1. House rules:   

The property contains house rules (Please see the house compendium). Please read and observe these rules as these are deemed to be incorporated in these Terms and Conditions.   

  1. Please Note:   

A breach of the Terms and Conditions will permit Palm Beach Holiday Rentals to cancel or amend a booking, refuse access or occupation, or immediately evict violating tenants. Refunds will not be paid for tenancies terminated for reasons of breach. Penalties may apply in the event of parties/events as described above. All details must be filled out correctly and payment processed before the confirmation of booking.   

It is paramount you make your property selection carefully.   

As the property is a house, and not a hotel with staff where rooms can be swapped, we cannot offer alternative accommodation or a refund if the property is not to your individual taste upon your arrival. We encourage guests to ask any questions you wish, and make known any special requirements necessary for your holiday home, prior to confirming any booking at a property.   

Minor interior and exterior decorations change from time to time in order to maintain the property. Images on the website are not always an exact representation of the styling of the property as changes can and will occur to keep a property fresh. Some of our properties have regular ground maintenance and as such there may be workpeople on the grounds from time to time.  

We do not refund for problems such as, but not limited to, plumbing, electrical, television, WIFI not working, light globes out, any appliances or pool/spa (where applicable) not working, blackouts etc. Please report any maintenance issues at your earliest convenience. We will endeavour to fix all maintenance issues as soon as practically possible, with all efforts to minimize inconvenience to guests during repair times.   

  1. Personal Belongings left behind:  

Please ensure you thoroughly check the property for personal items prior to departure. Palm Beach holiday Rentals and their affiliates take no responsibility for any items left behind. Should a guest request any personal property left behind to be forwarded after departure, should the item be located by the PBHR team following departure, Guest must organize a courier at their cost, or request the item to be posted, and the receiver is to pay the applicable postage. An administrative fee of $50.00 will be deducted from the security deposit amount for our Agent’s time in arranging, collecting and posting the item back to you. If we do not receive a request within 7 days after departure, then the personal property will be considered to be abandoned and we will be free to dispose of.   

  1. Your Payment of the Booking Confirms:   

That you and each occupant have read agreed and accepted these Terms and Conditions and you authorise Palm Beach Holiday Rentals, or representative, to debit the full amount of your accommodation from your credit card or alternatively you may provide EFT.   

Thank you for booking with Palm Beach Holiday Rentals.   

  1. Public Health Emergencies:  

As managing agents, our ability to honour management and leasing agreements is subject to NSW Government Health Orders and restrictions to deal with Covid-19 and other Public Health Emergencies. Should there be a NSW Government lockdown order (this applies to NSW only) which prevents the use of the property on the commencement date of your booking, the booking dates can be reschedule. The new dates are to be for the same property for the same length of stay and must be within 8 months of the original dates and at the same nightly rate. Any bookings rescheduled under these circumstances and in accordance with the aforementioned points, will not incur an amendment fee. Please note that credits are not transferrable to other properties as each property represents a separate entity, however, in the event the original property booked ceases to be able to accommodate further holiday bookings, a transferrable credit will be issued to be applied to a new booking at an alternative property. In the event a refund is requested, a $300 administration fee will be deducted from the amount refundable.    

Should the NSW Government restrict the number of guests permitted to occupy a holiday rental property due to a change in Covid/Public Health related guidelines/restrictions, the booking is not changeable or refundable. Our business, as well as all guests, are required to adhere to the government restrictions/regulations.  

COVID/MEDICAL ISOLATION: 

If a guest contracts any public health risk contagion or is a close contact and needs to isolate making them unable to travel within 1- 14 days of their trip, Palm Beach Holiday Rentals will give a refund only if they can replace the booking. Please note, with the ever-evolving public health emergency situations, it is outside of our terms and conditions to change or refund bookings for close contact or cases of isolation due to contagion. We recommend that you look into obtaining holiday/travel insurance to cover such an event. Illness is not an accepted reason for either a refund or rescheduling of the booking. 

We strongly suggest that all guests take out travel insurance that explicitly covers public health emergencies. 

  1. Health and safety:  

You agree that you will not put the safety or health of any person in the property in danger or at risk by staying or continuing to stay in the property whilst exhibiting symptoms of any infectious disease (including COVID-19).   If you suffer from any illness, disease or other condition which may make it unsafe for you or others to stay or continue to stay in the property, you should tell us before or on arrival, or when symptoms appear. If you have not already done so, you must consult with a medical practitioner, and act on their advice.  If we suspect (on reasonable grounds) that you, are you are suffering any illness, disease or other condition which may make it unsafe for you or others to continue to stay in the property, we may require you to consult with a medical practitioner and act on their advice.  

If necessary, we may require you self-isolate at your cost.   In no circumstances should you stay in the property if you or any person you have been in contact with have reason to believe you have been exposed to an infectious disease that constitutes a Public Health Concern.   

We do not use, and you must not use, the property for quarantine for infectious diseases (including COVID-19).   

In keeping with Industry Standards and Compliance – please find below the link to The Code of Conduct for the Short Term Rental Accomodation Industry for your reference. 

https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf

For further information visit: 

https://www.fairtrading.nsw.gov.au/about-fair-trading/legislation-and-publications/changes-to-legislation/changes-to-short-term-rental-accommodation