THIS AGREEMENT is made the date set out in item 1 of the Schedule.

BETWEEN:

  • TUSSOCK PROPERTY PTY LTD ABN 72 527 356 658
    (hereinafter referred to as “Bellarine Getaways”)

AND

  • THE PARTY WHOSE NAME AND ADDRESS IS SET OUT IN ITEM  2 OF THE SCHEDULE
    (hereinafter referred to as “the Guest”)

Terms and Conditions

All bookings made with Bellarine Getaways are deemed to constitute acceptance of the following Terms and Conditions.

1. Definitions

Unless the context requires otherwise, the following definitions apply in this Agreement;

“Accommodation property” means land, including land improvements, structures and appurtenances thereto, excluding movable machinery and equipment.

“Agreement” means this Agreement, including any schedule(s) or annexure(s) to it;

“Business Hours” means 10.00am to 4.00pm Monday to Friday and 9.00am to 1.00pm Saturday, hours may vary.

“Business Office” means 3/50 Hitchcock Ave, BARWON HEADS

“Booking Date(s)” means the dates which the guest is booked to stay at the accommodation property.

“Booking Fee” means the fee set out in Item 5 (b) of this agreement.

“Deposit” means 50% of the total tariff.

“Guest” means any person, company or other entity that retains or enquires about the services of Bellarine Getaways.



“Peak Season”
means

2013

25/01/2013 to 28/01/2013 – Australia Day
29/01/2013 to 31/01/2013
08/03/2013 to 11/03/2013 – Labour Day Weekend
29/03/2013 to 01/04/2013 – Easter
01/11/2013 to 05/11/2013 – Melbourne Cup Weekend
22/11/2013 to 24/11/2013 – Queenscliff Music Festival

2014

16/12/2013 to 23/01/2014
24/01/2014 to 27/01/2014 – Australia Day
28/01/2014 to 31/01/2014
07/03/2014 to 11/03/2014 – Labour Day Weekend
18/04/2014 to 21/04/2014 – Easter
31/10/2014 to 04/11/2014 – Melbourne Cup Weekend
21/11/2014 to 23/11/2014 – Queenscliff Music Festival


“Mid Season”
means

2013

01/02/2013 to 07/03/2013
12/03/2013 to 28/03/2013
02/04/2013 to 31/05/2013
07/06/2013 to 10/06/2013 – Queens Birthday
20/09/2013 to 31/10/2013
06/11/2013 to 21/11/2013
25/11/2013 to 15/12/2013

2014

01/02/2014 to 06/02/2014
12/03/2014 to 17/04/2014
22/04/2014 to 31/05/2014
06/06/2014 to 09/06/2014 – Queens Birthday
20/09/2014 to 30/10/2014
05/11/2014 to 20/11/2014
24/11/2014 to 15/12/2014


“Low Season” means

2013

01/06/2013 to 06/06/2013
11/06/2013 to 19/09/2013

2014

01/06/2014 to 05/06/2014
10/06/2014 to 19/09/2014

“Schedule” means the Schedule attached to this Agreement and headed The Schedule.

“the Services” means the services provided by Bellarine Getaways pursuant to this Agreement.

2. Interpretation

Reference to:

a)  one gender includes the others;

b)  the singular includes the plural and the plural includes the singular;

c)  a person includes a body corporate;

d)  a party includes the party’s executors, administrators, successors and permitted assigns;

e)  a statute, regulation or provision of a statute or regulation (“Statutory Provision”) includes:

i  that Statutory Provision as amended or re-enacted from time to time; and
ii  a statute, regulation or provision enacted in replacement of that Statutory Provision;

f)  money is a reference to Australian dollars, unless otherwise stated.

g)  “Including” and similar expressions are not words of limitation.

h)  Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

i)  Headings are for convenience only and do not form part of this Agreement or affect its interpretation.

j)  A reference to a clause is also a reference to that clauses sub clauses.

k)  A provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement or the inclusion of the provision in this Agreement.

l)  every agreement, undertaking, representation or warranty expressed or implied by which more than one person agrees or undertakes any obligation, makes a representation, gives a warranty, or derives any benefit, binds or is for the benefit of those persons jointly and each of them severally;

m)  If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.

n)  Bellarine Getaways are not and do not act as real estate agents.

3. Severance

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, this fact shall not affect:
   
a. the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
   
b. the validity or enforceability in other jurisdictions of that or any other provision of this Agreement."

4. Jurisdiction

The jurisdiction governing this agreement shall be the law of Victoria.

5. Bookings

a)  All bookings are subject to the approval of the owner of the accommodation property. Prior to the booking dates, bookings may be cancelled by the owner at any time (including after deposit has been paid). In this event, Bellarine Getaways will make every reasonable endeavour to offer alternative accommodation.

b)  All bookings will incur a $30 booking fee. This fee is payable at the time of placing a booking.  This fee will be forfeited in the event of a cancellation.

c)  Bookings may be made via telephone, fax, mail, email or the internet by way of the Bellarine Getaways website or its authorised affiliates.

d)  By signing the attached schedule, the guest accepts that he or she has inspected the accommodation by way of Bellarine Getaways website or other printed material and that this constitutes an inspection and acceptance of the condition of the accommodation property.

e)  The guest understands that most accommodation properties that may be booked by way of this service require a booking of two (2) nights minimum, with the exception of long weekends, school holidays, and public holidays.

f)  The guest(s) who is/are named in the schedule is deemed to be the sole authorised contact person(s) for communication regarding any alterations to the booking.

g)  The contact person must supply full details as requested.

h)  Any changes to a booking may incur an administration fee of $55 - in addition to any cancellation fee which may apply.

i)  Upon receipt of a booking letter Bellarine Getaways requires payment of the deposit, within 48 hours. Failing this, the booking is no longer valid and will be re-booked by Bellarine Getaways.

j)  Notwithstanding term 3 (h), if the booking is made less than 30 days prior to the given arrival date, then Bellarine Getaways will require payment of the entire booking tariff.

k)  The booking is not confirmed until the guest has;
a.  completed and signed the schedule attached to these terms and conditions;
b.  received written confirmation from Bellarine Getaways of the booking;
c.  has paid the required fee; and
d.  has received a letter from Bellarine Getaways acknowledging payment of the deposit.

l)  All bookings are only for the dates shown on the receipt.

m)  Bellarine Getaways reserve the right to amend, vary or cancel any booking - at any time - without notice.

n)  Bellarine Getaways shall make sure that the premises are in a reasonably clean condition prior to the booking dates; however Bellarine Getaways takes no responsibility for bookings made over the phone or via the internet if the chosen property does not meet the standard expected.

o)  It is a condition of booking that the number of occupants must not exceed the number stipulated.

p)  Bellarine Getaways reserves the right to inspect properties suspected of non-compliance with condition 3 (n) and terminate the guest’s occupancy of the accommodation property.

q)  In the event that a guest is terminated pursuant to condition 3 (o), the guest will forfeit the entire balance of the rental fee. No refund will be given.

r)  Bellarine Getaways reserves the right to refuse any booking.

s)  STRICTLY NO FUNCTIONS ALLOWED.

6. Tariff

a) Tariff rates are subject to change without notice.

b) Tariffs quoted for accommodation are GST inclusive.

7. Payment

a)  To secure a booking Bellarine Getaways require a 50% deposit payable within 24 hours of making the booking, with the balance payable prior to arrival.

b)  Full payment for bookings from the 1 December to 31 January each calendar year is required by  1 November each calendar year.  Bookings relating to other than these dates are required a minimum of 14 days prior to your arrival date or as requested by Bellarine Getaways.

c)  Deposits, and balance of final payment, can be made by cheque (a 14 day clearance period will apply), money order, cash, Mastercard/Visa (1.5% surcharge will apply) or direct deposit (bank account details will be found on the booking letter).

d)  Any payment which is dishonoured will incur an additional fee of $50.00.

8. Security Bond

a)  All guests are required to provide a $500 security bond by way of credit card details.

b)  All guests must provide valid credit card details in order to comply with the security bond requirement.

c)  Guests authorise Bellarine Getaways to debit the nominated credit card for the purpose of reimbursing any costs, expenses, damages, breakages or other loss applicable to, or arising out of, the use and occupation of the property in accordance with the terms and conditions of this agreement.

d)  Any breakages, damages or loss will be charged at replacement value to the party named in the schedule.

e)  Bellarine Getaways reserve the right to debit the supplied credit card for any amount of additional charges deemed to be payable for cleaning, extra services, additional guests, lost keys, damage or maintenance incurred in relation to your booking.

9. Cancellations

a)  Bellarine Getaways reserves the right to cancel any booking, at any time, without reason.

b)  A Guest cancellation, whereby Bellarine Getaways is notified 30 days or less prior to arrival, will result in the guest’s forfeit of 50% of the deposit paid or total tariff (whichever is the higher value).

c)  Cancellations notified in excess of 30 days prior to arrival will incur an administration charge of 15% of total tariff.

d)  Cancellation of any booking must be made in writing by the contact person named in the schedule.

10. Arrivals & Departures

(a)    Occupancy times are:

i  Peak Season – Check in 3pm – Check out 10am on morning of departure.  This must be strictly adhered to. All guests accept that should they not be checked out by the relevant time, a late check out fee will be charged at $55.00 per hour and this will be debited to the nominated credit card.
ii  Mid Season or Low Season – Check in 3pm – Check out 10am on morning of departure unless notified by Bellarine Getaways in writing of amended times.

b)  Check out time must be strictly adhered to, and keys returned to key safe or our office, by the due time.

c)  All windows and doors must be locked upon departure. All heating, split systems, appliances, burners and lights must be turned off.

d)  Any alterations to checkout times must be negotiated prior to confirmation of the booking and may incur an additional charge.  Alterations are not possible in Peak Season and not always possible mid or low seasons.

e)  Failure to return the key to the keysafe will result in a $110 callout fee being charged to the nominated credit card.

11. Personal Belongings

a)  Personal Belongings are the responsibility of the individual. Bellarine Getaways takes no responsibility for any loss, damage or breakages incurred to personal belongings during the course of your stay however caused.

b)  All properties are able to be secured. Guests are expected to ensure the property is secure at all times.

c)  Bellarine Getaways will endeavour to return any item left in the property; however, we take no responsibility for items left on site or if they cannot be located. Any charges such as (but not limited to) courier or postal fees incurred in returning any left item to you will be the guest’s responsibility.

12. Cleanliness

a)  Bellarine Getaways arranges for the property to have a sanitising clean   prior to your arrival.  We request that you leave the property in a clean and tidy state.

b)  All rubbish must be removed from the property and placed in the garbage bins supplied, prior to your departure.  If rubbish has to be removed after your departure, a fee of $110 will be applicable.

c)  A general sanitising clean of premises is included in the booking.  At the end of your booking, should any additional cleaning be required, an extra fee will be payable.

d)  If your property includes linen, please remove sheets and pillows cases, and place them in the laundry tub, allowing the beds to air before the next guests arrive.

e)  Please remove all food items from refrigerators, tidy beds and wash all dishes and put them away prior to departure.

f)  All properties have a strict NO SMOKING policy.

g)  BBQ’s must be left clean ready for the next guest. A fee of $110 will be charged for cleaning, should the BBQ not be satisfactorily cleaned.

13. Facilities

a)  Each accommodation property is fitted out to provide for a maximum number of guests.

b)  The number of occupants of the property must not exceed the number stipulated. Bellarine Getaways (or its authorised agent) reserves the right to inspect a property at any time to ensure compliance, and to cancel a booking and request the guest to vacate immediately, should a guest be found to have breached this condition.  A callout fee of $110 will be charged.

c)  Guests are required to provide their own linen in the hired property unless other arrangements have been made.  Bellarine Getaways reminds guest(s) that you may require: bath towels, beach towels, hand towels, sheets, pillowcases and tea towels.

d)  The property is to be used in the manner expected for a holiday property. Use outside of this will be grounds to bring to an end this agreement immediately. Should this agreement be ended as a result of a breach of this provision, Bellarine Getaways reserves all its rights under this agreement.

e)  In the event that this agreement is cancelled pursuant to clause 13 (d), the guest shall not be entitled to any refund of tariff.

f)  While every endeavour is made to ensure all depictions, descriptions, listings and information supplied in relation to the accommodation property is accurate, Bellarine Getaways takes no responsibility for any discrepancies, omissions or errors in any published information.

g)  All appliances, equipment and facilities are deemed to be supplied in working order; however, Bellarine Getaways takes no responsibility for the failure or breakdown of any appliance equipment or facility supplied.  Bellarine Getaways also takes no responsibility for loss of foodstuffs and/or other items that may be damaged as a result of appliance, power, utilities or other equipment failure however caused.

h)  No guarantee is given regarding TV reception or performance.

i)  It is the guest’s responsibility to notify Bellarine Getaways of any failure of any item supplied as soon as is practicable. 

j)  Once notified, Bellarine Getaways will make arrangements to contact the appropriate persons to organise the repair, replacement or service as soon as is practicable. However, immediate repair may be beyond our control.  No refunds or discount will be granted to the guest for unusable appliances, equipment or in the event that facilities are awaiting repair during or at the commencement of your stay.

k)  Utilities and essential services are connected and deemed to be supplied in working order; Bellarine Getaways takes no responsibility for any failure of these services. 

l)  It is the guest’s responsibility to notify Bellarine Getaways of the failure of any service supplied as soon as is practicable.

m)  Guests are to note that telephones are not available in most rental properties, although some do have a local call facility.

n)  Bellarine Getaways reserves the right to arrange for a contractor or service technician to visit the property as required, during the period of the rental contract.

14. Pets

a)  NO PETS of any type, under any circumstances are allowed.

b)  Notwithstanding condition 14 (a), if the property specifically states that it allows pets and prior arrangements have been made, pets will be admitted. In these circumstances, the details of said pets must be provided to Bellarine Getaways prior to your stay and suitable arrangements made.

c)  In circumstances where the pets are permitted, all pets must be supervised and kept outdoors at all times.  All properties (including gardens and yards) must be thoroughly cleaned of all animal traces, prior to departure.

d)  Any damage deemed to have been made by any pets during the booking dates will be charged to the nominated credit card.

15. Loss and Damage

a)    As the guest of the property, you are responsible to take due care of the property. Guests are responsible for all damages, breakages and loss incurred during the booking dates.

b)     Guests must advise Bellarine Getaways in the event of any damages, breakages and loss which occur.

c)    The amount of any damage breakages or loss will be charged to the nominated credit card. Any loss or damage not recovered by this method will be invoiced to the guest.

d)    Failure to report damages, breakages and loss will result in additional charges being payable.

e)    Loss of keys to a property will result in a key replacement fee of $50 plus any incurred charges. If a Locksmith is required to be called - all charges payable will be billed to the guest.  Guests will also be liable for any and all damage caused as a result of the loss of keys.

f)    No furniture or other effects are to be removed from the accommodation property. All furniture and effects must be returned to the same position that it was in at the commencement of the booking period.  A callout fee of $110 will be charged to the nominated credit card if furniture including the BBQ has to be returned to the original position.

16. Indemnity

a)    The guest of the rental property, hereby fully indemnifies Bellarine Getaways against any liability which may arise as a result of the booking and any related services provided by Bellarine Getaways.

b)    Subject to the responsibility of the owner of the accommodation property to take out and seek recovery under insurances (without limitation including public liability and building replacement insurance) as required under law and pursuant to good commercial practice, and subject to any fair wear and tear, the guest hereby agrees that he or she shall be liable for any other loss suffered by the owner of the accommodation property as a consequence of the use or occupation of the property during the reservation, in addition, the guest shall be liable for any damages to the property, including any breakage of chattels or fixtures and fittings in the property. 

c)    The guest shall be liable to the owner of the accommodation property for any loss or shortfall occasioned by malicious or wilful damage caused by the guest or his invitees to the property. 

d)    Neither Bellarine Getaways nor the owner of the accommodation property is liable for any damage to or loss of property or injury to a guest or other occupant or visitor or entrant to the property.

e)    Bellarine Getaways accepts no responsibility for any action taken by the owners of the accommodation property.

f)    Guests are to note that power failures and stoppages are common on the Bellarine Peninsula due to seaside corrosion. Bellarine Getaways does not take any responsibility for any loss or damage caused by power failure.

17. Privacy

Bellarine Getaways respects the privacy of our Clients.  It is the Policy of Bellarine Getaways that all information collected by us about our client is private, and will not be used for anything other than the provision of accommodation and services as requested directly by the client and/or to satisfy obligations under law.

Bellarine Getaways does not participate in unsolicited advertising mail outs and any personal information collected about Clients, their accommodation or purchases will be not be sold or given to third parties for the purpose of unsolicited advertising sales, contacts or market research.

Bellarine Getaways may maintain a list of Clients who have opted to receive information about special events, and/or accommodation offers.

     
  ©2016 Bellarine Getaways - 5255 3130
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