1. Your General Obligations

a. The person who has booked and executed the booking terms and conditions form must stay at the Property. This person is held responsible for the conduct of all guests and pets, & for the condition of the Property, its contents, and surroundings.

b. You are granted a limited permission to occupy the Property for holiday purposes only. This is not a residential tenancy agreement under the residential tenancy legislation. Consumer rights and guarantees - Hiring or leasing. Most of the consumer guarantees apply when a consumer hires or leases a product, rather than buying it outright. However, consumers do not own products they hire or lease, so the consumer guarantees related to ownership (title to the product and no hidden debts or charges) do not apply to hiring or leasing products. The consumer guarantee of undisturbed possession does apply, but only for the length of the hire or lease agreement.

c. Your occupancy is granted for the period stated in your booking invoice (only) and in consideration of the total rental stated in your booking invoice.

d. The number of persons staying at the Property (Guests) must not at any time exceed the advertised maximum number of persons for the Property unless we have first agreed with you in writing. You must not permit persons other than Guests at the Property unless we have agreed with you in writing. If the maximum number of persons is exceeded, your occupancy may be immediately terminated &/or additional rental fees charged via Airbnb and/or deducted from your security bond. There shall be no entitlement of a refund, part, or portion, of the total rental charge.

e. You, the tenant, will be responsible for all damages, breakages & losses occurring to the Property during the term of your occupancy. Any associated costs, expenses or damages arising to us or the Property owner because of any such damage, breakage or loss will be deducted from your security bond or claimed through Airbnb.

f. All Guests must comply with the Mornington Peninsula Shire Short Stay Rental Accommodation Local Law and House Rules, respect the residential amenity and security of the Property and neighbours, and refrain from anti-social behaviour. The Short-Term Rental Code of Conduct must be adhered to. If an unauthorized function or gathering is held at the property, the Bond shall be forfeited in full, and any additional fees incurred will be deducted from your stored credit card or claimed through Airbnb.

g. You must comply with any reasonable instructions given by us or the Property’s security services during your stay.

h. You must notify us of any disputes or complaints as soon as is practicable upon arrival and/or within your occupancy period for the property owner to be provided with an opportunity to resolve where practical.

i. Failure to comply with these Terms and Conditions (incl. House Rules) may result in termination of your permission to occupy the Property and eviction and/or charges against your security bond or claimed through Airbnb. There shall be no entitlement of a refund of any amount of the total rental charge.

2. Bookings

a. Except for Airbnb, A non- refundable booking fee will be payable upon the securing of your booking as detailed on your tax invoice.

b. Except for Airbnb, unless we agree with you in writing, all bookings require payment of a deposit of 50% of the total rental fees. Acceptance of your booking through a third-party booking provider or direct is subject to our receiving payment of the deposit, the return of the booking terms and conditions by you, and we provide you with written confirmation that your booking has been accepted.

c. Except for Airbnb, the balance of your rental fees must be received by us, in cleared funds, by the following dates:

d. Except for Airbnb, in the case of any bookings for mid-December to end of January at least 60 days prior to occupation, or unless we agree with you in writing otherwise.

e. Except for Airbnb, in other months at least 15 days prior to occupation.

f. Except for Airbnb, for bookings made inside 15 days prior to occupation, full payment is required at time of booking via credit card unless we agree with you in writing otherwise.

g. 3^rd party booking fees & charges may be included in the total rental amount and shall be detailed on your tax invoice.

h. Except for Airbnb, a valid credit card is required for pre-authorisation of a security bond in the amount advised by us, which will be processed 1 day prior to arrival and be released by your nominated banking facility, in general, between 7-10 days after the departure date if no bond claim has been made.  The length of a pre-authorisation hold is set by your bank & the release may take longer depending on your card and bank set up. In the event release is more than the average time limit, contact your bank directly to expedite.

It is your responsibility to provide valid credit card details for pre-authorised bond processing. This is not a manual process facilitated by our staff. Ensure that you have the required funds in this account. If a credit card is not provided at least 72 hours prior to arrival or the credit card is declined due to insufficient funds or expiry, we cannot handover keys.

i. Keys will not be issued for commencement of occupation unless you have: paid the balance of your rental fees & the security bond as required; and executed the Booking Terms & Conditions Form.

j. Your booking is confirmed in good faith at the time of acceptance; however, acceptance of a booking is subject always to the Property owner’s approval. Should the Property owner do anything which results in the Property being no longer available or suitable for any booking (e.g.: selling or has sold the property, taking it off the short-term rental market or changing the nature or purpose of the Property), then we reserve our rights to cancel the booking.  In this case, we will endeavour to make alternative arrangements that are suitable. Bank Credit Card fees paid are non-refundable.

k. Confirmations are subject to re-issue if incorrect, through error or omission and the tenant must pay the correct cost to secure the booking. Should a tenant make an error whilst booking online, regardless of whether it involves the dates or the property, Beach House Rentals takes no responsibility nor liability for their errors.

l. The security bond, detailed on your tax invoice, is processed 1 day prior to arrival. The cost of any damage to the property caused by the tenant or the tenant’s guests is recoverable via Airbnb or deducted from the credit card. Fees and charges may be deducted from your Security Bond as provided in these Booking Terms & Conditions.

3. Instant Purchase Bookings

a. Beach House Rentals offers some properties as an instant purchase option.

b. Beach House Rentals may not accept an instant purchase booking made within 48 hours of arrival.

c. Once you have completed your instant purchase booking, Beach House Rentals will make contact to provide a copy of the booking terms & conditions which must be executed, returned, and shall determine whether the booking will proceed or not.

4. Saving of Credit Card Details

a. When you pay by credit card, our reservation system saves those details so that we can automatically process any further payments on your behalf.

b. In addition, we keep your credit card details on file in the event of damage to the property, excessive cleaning charges, removal of excess rubbish, or any other breach of our booking terms & conditions.

5. Cancellations

Booking cancellation requests must be received in writing

a. If you request to cancel your booking, any monies received for rental accommodation will not be refunded unless the property is re-let for the period of the proposed occupancy for at least your total agreed rental. Those dates, on all advertised booking platforms, will be re-opened for a replacement booking.

b. If re-let, an administration fee applies, which is equivalent to 10% of the gross rental fee. The balance of funds will be released to you, less the 10% gross rental fee, the non-refundable booking fee and total credit card fee, within 14 days of the property being re-let.

c. Beach House Rentals does not operate any scheme of cancellation or travel insurance; you should obtain your own travel insurance cover for your holiday. Refunds, partial or in full, will not be provided for bookings cancelled due to common events such as:

• Events that impact a guest or their ability to travel but not the reservation location
• Unexpected injury/illness
• Government obligations ie: jury duty or court appearances
• Non-binding travel advisories or other government guidance that fall short of a travel ban or prohibition
• Cancellation/rescheduling of an event for which the reservation was made
• Transportation disruptions unrelated to a covered event, such as airline insolvency, transportation strikes & road closures due to maintenance
• We understand that other circumstances outside of your control may disrupt your plans. In any other circumstances not listed above, your reservation remains subject to 5a & 5b or 5d.

d. A mutually acceptable written agreement may be entered into between the Guest, Owner and Beach House Rentals and shall always be at our complete discretion. Opportunity may be provided to request to transfer to a future date within 12 months of the original booking dates, based on availability at that time and the property owners written approval. December/January bookings do not apply to point d.

e. Airbnb bookings are subject to the listing’s cancellation policy detailed on Airbnb. In rare circumstances that large scale events prevent or legally prohibit the completion of a reservation, the Major Disruptive Events Policy (that is not an insurance policy) may apply.

6. Payments

a. We accept credit cards Visa, Mastercard and American Express. Please note that for payments made by credit card and debit card, you will incur an additional merchant/credit card processing fee as follows: 2.04% of the payment amount for Visa, Mastercard and American Express. International Credit Cards may attract a higher rate.

7. Arrivals and Departures

a. Your rental period will commence at 2 pm on your arrival date and at 4 pm at peak times mid-December to 31st January. Keys will be available for collection at the property address via a keysafe, hand delivered by Beach House Rentals or any other method as instructed, unless otherwise agreed to in writing.

b. An acceptable form of photographic identification (i.e.: drivers’ licence) is required when collecting keys from an office, or at the property address via a keysafe, or from a staff member of Beach House Rentals, from you and your nominated representative, either in person, by email or via Airbnb app.

c. Your rental period will end at 10am on your departure date. You must vacate the property by 10am sharp on the departure date unless otherwise agreed to in writing.

d. We may be flexible with a late departure, when requested prior to the departure date and during your stay. Outside of December/January, we can extend up to 1pm, but all extensions to a departure time must be agreed to, with you, in writing.

e. If cleaners are inconvenienced or rescheduled due to late departure, tenants will incur a fee of $75 per hour + G.S.T. (Monday to Friday) $95.00 + G.S.T. (Saturday and Sunday) and $105.00 + G.S.T. (Public Holidays) and deducted from the security bond, or claimed through Airbnb, until all tenants have vacated.

f. Keys must be returned to an office immediately upon departure or to the keysafe located onsite or as directed by Beach House Rentals. Late departure and/or non-return of keys may be charged an extra fee of $150.00 which will be deducted from your security bond or claimed through Airbnb.

 

g. Should you lock yourself out of the property, we will arrange for a locksmith to attend and open the property at your cost. If locks need to be changed because of lost keys, costs to replace the lock barrel and the cutting of a min 3 (sets of) keys and will be deducted from your Security Bond or claimed through Airbnb.

h. In the event there is damage, unsatisfactory cleaning, or rubbish at the Property upon your arrival, please report this to us immediately. We will endeavour to rectify as appropriate.

8. Cleaning

a. The Property will be cleaned prior to commencement of your rental, and we ask that you leave the Property in the same condition (neat and tidy). Dispose of all items brought with you, remove food from the fridge, freezer & pantry and take all your excess rubbish & recycling with you.

b. Furniture/crockery to be placed back in the position found upon arrival. Empty the dishwasher. Internal & external furniture must not be moved. You shall be charged for extraordinary cleaning & for furniture to be returned to its original positioning; the fee deducted from your Security Bond or claimed through Airbnb. Refer to 8c for hourly rates.

c. Your agreed rental fee includes a standard/regular clean upon your departure. Any extraordinary cleaning required will be charged at $75.00 + G.S.T. per hour (Monday to Friday) $95.00 + G.S.T. (Saturday and Sunday) and $105.00 + G.S.T. (Public Holidays) & deducted from the security bond held or claimed through Airbnb.

9. Rubbish

a. All rubbish must be placed in the bins provided (bins must not be overflowing). Rubbish must not be left in public or communal areas & will not be collected from the roadside if not inside the bin.

b. Bins must be put out the night before the local collection AND upon your departure.
Refer to your arrival envelope for detailed instructions.

c. Recycling bins are collected every alternate week during the year. Council may conduct weekly collection during Summer Peak times. Refer to the Mornington Peninsula Victorian Government Website and Search Your Property, Rubbish Recycling, Bins, Find Your Bin Day.

d. Please remove any excess garbage & recycling from the Property upon departure. It can be taken to the hopper at the end of Normanby Road, Sorrento - open 10 am to 4 pm every day from December 26 to January 31, closed Christmas Day & Good Friday; from 1 February to 24 December open Saturdays and Sundays only from 10am to 4pm. Excess rubbish can be taken to the tip at Truemans Road, Rye, open 8 am to 4 pm Monday to Friday & 8 am to 5 pm Saturday, Sunday, Public Holidays, or taken away with you.

e. Bins left overflowing & any excess garbage or recycling left behind will incur a removal charge of $35.00 + G.S.T. per bag/box, which will be deducted from your security bond or claimed through Airbnb.

10. Linen

a. A Basic Linen Package is advertised as supplied. Consisting of doonas, doona covers, pillows will be supplied with each Property. You will be required to supply your own bottom & top sheet, pillowcases, bathroom handtowels, face washers, bathmats, bathroom towels, tea towels & pool towels / beach towels.

b. Hire Linen We can arrange for the hire of quality bed linen/bathroom linen & towels. Please contact us at least 1 week prior to your arrival date, or 4 weeks prior to your arrival date for December/January rentals, to arrange linen/towel hire. NB: Face washers are not provided. Pool/Spa towels are an extra cost, if not advertised as included. BYO Beach Towels.

c. A Full Linen Package is advertised as supplied. Consisting of sheets, doonas, doona covers, pillows, pillowcases, bathroom handtowels, bathmats, bathroom towels, tea towels and if advertised, pool/spa towels. If Pool/Spa towels are not advertised, Pool/Spa towels are an extra cost. BYO Beach Towels.

d. Damage, Replacements. Any missing linen or towels or a requirement for excessive laundering to linen &or towels will be charged to you & deducted from your security bond or claimed through Airbnb. This includes, but not exclusive to use of fake tan & make up and for anything other than for the purpose of bedding or bathrooms. Bathroom towels are not to be used outside the property, for the beach, a pool, spa, or sauna.

11. Other

a. Neither Beach House Rentals nor the property Owner takes any responsibility for your personal belongings. If we locate any personal belongings left behind at the Property, we will hold for a period of 14 days. If you do not contact or collect within 14 days, we may dispose of them. Handling of these items will incur a charge of $25.00 plus postage.

b. Beach House Rentals have endeavoured in good faith to accurately describe the Property to you based upon information provided by the Property owner. We do not take any responsibility for incorrect descriptions or omissions, and we will not be held liable should the Property not match your expectations.

c. Beach House Rentals will not be held responsible for failure of utilities or appliances if they cease to function during your stay, however we will endeavour to have trades repair as soon as practical or possible.

d. Most holiday rental properties do not provide the use of their garage. Should you require your car garaged, please advise us in advance and we will contact the owner for permission, if possible.

e. The Property will be inspected by us and/or the Property owner upon your departure. Any decision made by us or the Property owner as to the state of the Property and any damage will be final.

f. You indemnify and will keep us indemnified against any claims, actions, damages, losses, or expenses which we incur or are liable for as result of any action or omission by you or any of your guests in connection with your occupancy of the premises.

g. Should the owner of the property or the agent determine that damage has been caused by you or your guests to any part of the property, be it fixture, fitting, furniture, appliance, gardens, you agree to have the damage rectified through the Airbnb resolution process or with the Security Bond held in place and/or any increased amount required. Should you disagree that the damage was caused by you or your guests, you will be required to take your disagreement to VCAT to seek an order for reimbursement in full or part thereof.

h. These Booking Terms & Conditions (incl House Rules) represent the entire agreement between us & you in connection with the subject matter & supersede any previous understandings, negotiations, & agreements about the subject matter.