Stay Ports Stephens – Terms and Conditions
ACCOMMODATION BOOKING - TERMS & CONDITIONS – Effective 22nd September 2021.
Please read carefully. When you make a reservation with us, these conditions are deemed to have been accepted by all guests that stay at the property.
Please call us on 02 4044 5021 for clarification of any term.
Your booking is with Stay Port Stephens, acting on behalf of the owner. Failure to comply with these terms and conditions may result in a claim, termination of the right to occupy the property, eviction and/or registration with a “bad guest” register, and/or reviews on booking sites.
We are now mandated by the ‘Code of Conduct for Short Term Rental Accommodation 2020’
We highly recommend that you read through these guidelines and rules by clicking on the below link or heading to the Fair-Trading website. A printed copy can also be found at the property.
Summary
PLEASE NOTE: PARTIES, FUNCTIONS, WEDDINGS (WEDDING RELATED), GRADUATES, SCHOOLIES/TEENAGERS, EXCESS OF GUESTS, POOR BEHAVIOUR, OR LATE NOISE ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES AT ANY OF OUR PROPERTIES.
NO PETS OR ANIMALS ARE ALLOWED AT STAY PORT STEPHENS PROPERTIES, AND STRICTLY NO SMOKING INSIDE ALL PROPERTIES. (With the pet exception properties include Wanda Point House, and The Ultimate View).
1. The responsible renter must be at least 25 years of age. Guests under 25 are of course welcome, however must be accompanied by a parent or guardian.
2. Each reservation is required to complete our Guest Registration within 24 hours to avoid your booking being cancelled. Please refer to guest information & obligations below for more details
3. The property shall not be used by more than the number of guests listed on your Guest Registration, either to visit or to stay, without written approval. Please see “Number of Guests” below, for more detail.
4. All guests must abide by ‘Stay Port Stephens’ good neighbour policy and shall ensure quiet time from 10pm to 8am. This is also in line with the STRA Code of Conduct (further details below).
5. Pets are not permitted unless specifically noted in your booking and the pet fee is paid for, where applicable for our pet friendly homes only.
6. Smoking is not permitted anywhere inside the property. If smoking outside, please ensure your ash and buds are disposed off appropriately to avoid additional cleaning charges.
7. No commercial activities are to take place at the property.
8. At no time is there to be any fire pits, charcoal BBQ’s and or any additional heating brought to the property by guests, unless approval has been sought and approved by Stay Port Stephens.
9. Tents, caravans, and other structures are not to be erected or occupied at the property.
10. If you encounter an issue at the property, please contact our office immediately so that we can attempt to fix it. If we are not provided an opportunity to rectify any matters discovered during your stay no compensation will be offered.
11. The price of a booking is subject to change and can change at any time. If there is a change in price you will be notified and offered the opportunity to pay the increase tariff and or receive a full penalty free refund.
12. CANCELLATION POLICY – Booking Fee is non-refundable from the time of booking ($100 - $140).
Bookings cancelled at least 30 days prior to your arrival date will be refunded in full (minus the booking fee).
Bookings cancelled within 30 days of your arrival date (not within 14 days) will not receive a fund on their initial deposit (50%).
Bookings cancelled within 14 days of your arrival date are non-refundable.
Deposits are only refundable when the property can be rebooked (pro rata where applicable).
Please contact our office to clarify your booking tariff.
COVID-19 policy update 22nd September 2021:
To keep the community and yourself safe you will need to adhere to the Government health orders and legislations at the time of your stay. We strongly recommend that you check these prior to booking.
Reservations made after 22nd September will not be eligible for the COVID-19 cancellation policy as this is now a known event.
The NSW government has issued a new public health order that may impact your booking if you are staying prior to the 1 December 2021.
Terms and Condition’s Continued.
Bookings & Payment Summary
To proceed with a booking via Stay Port Stephens, the following payment conditions apply:
FEES: Booking fee of $100 -$140 applies this is non-refundable. This is included in your total quote.
Once the booking is made, we reserve the right to charge an additional fee for any changes made.
DEPOSIT: A 50% Deposit is required to secure the booking.
Final Balance is payable 14 days IN ADVANCE prior to arrival date.
PAYMENT OPTIONS: Payments are to be made by credit card (Visa or Mastercard.) A service fee applies to all credit card payments. Bookings will be cancelled if a payment is not received in accordance with the above terms.
BOND: As a condition of your rental, guests are required to pay a REFUNDABLE SECURITY DEPOSIT.
CANCELLATION: If a booking is cancelled charge may apply. Refunds will only be available as per our cancellation policy.
Booking Details
Check in and out times: Check in is from 3.00pm. Check out is 10.00am. Minimum nights apply for weekends, long weekends, and school holidays.
These times may be adjusted at the agent’s discretion. There will be no refund or credit should these times be adjusted after you have booked the property.
Further, we cannot guarantee that a property will be ready at the check in time. We will endeavour to have the property ready, however, circumstances may sometimes cause delays. There will be no refund or credit if a property is not ready at the said time.
We may be able to offer an early check in or late check out - this will attract a charge. Paying however, does not guarantee that this agreement can be honoured. If we are unable to honour early check in or late check out due to a back-to-back booking or unforeseen circumstances, a full refund of the extra fees charged will be provided.
Early check in or late check out will be charged at a minimum of $100 per hour and only available if arranged in advance.
NOTE: Prices for accommodation are subject to change without notice.
Credit Card Saving
Stay Port Stephens will save guest’s credit card details for the purpose of:
1. Processing payments on the due date
2. Charging the guest for the supply of duplicate keys or re-entry/rekeying at cost or our call out fee.
3. Charging the guest if:
- (a) A member of the Stay Port Stephens team attends the property to see to an issue that is then deemed to be caused by the guest ($110 per callout)
- (b) A tradesperson attends the property to fix an issue that is deemed to be caused by the guest (invoice cost)
4. Charging $500 per offence should there be a credible noise complaint by the neighbours and/or the police/security are called to the property
5. Charging $500 per person if there is, or there is evidence of a party, additional people over and above those agreed to on the guest registration form, or function at the property
6. Charge at cost to repair or replace if there is malicious, deliberate, or negligent damage to the property
7. Charge at cost to steam clean carpets, furnishings, linens etc if pets are at a non-pet friendly property, pets have been allowed on furniture or in/on beds, or there is evidence of smoking inside the property
8. Charging for BBQ’s not cleaned thoroughly by the guest prior to departure
9. Charging at cost to remove excess rubbish
10. Charging for additional cleaning, cigarette butts not disposed of, out-door BBQ’s or fire pits or not enclosed BBQ’s.
We will only charge the guests’ card in accordance with our terms and conditions and any applicable Australian Laws. All charges will be subject to a service fee equivalent to the merchant fee paid by Stay Port Stephens.
Loss & Damages
The interior and exterior of the properties we manage are finished and furnished with valuable materials and products, soft furnishings, goods, art, accessories, housewares, and landscaping. Our team thoroughly inspects each home and inventories its contents between each guest. You become financially responsible for all damage and loss to the property and its contents from the date and time you check-in to the date and time you check-out.
All damages, breakages or losses to the property, furniture and furnishings are to be reported to Stay Port Stephens immediately. Should you discover a fault or breakage when you arrive, please advise us directly to avoid being charged for this damage.
Bond
You may also be required to pay a refundable Bond of up to $2,000 (the amount of the Bond may be increased) if you are booking specific homes, you are staying for one month or longer or at the agent’s discretion. The Bond will be retained until our team has completed the checkout inventory and inspection. Should the property be found excessively dirty, or items are missing or damaged, the cost of additional cleaning and/or the cost of repair or replacement of property will be deducted from your deposit. The remainder of your deposit that is not applied to these expenses will be refunded to you within 14 days. You remain responsible for, and will be charged for, the cost of any damage, repair, or replacement more than the Bond.
Cancellation Policy
Cancellation Policy – booking fees ($100 - $140), extras and linen hire charges are non-refundable. Deposits are only refundable when the property can be rebooked (pro rata if applicable).
Cancellations within 30 days, 50% of booking tariff is non-refundable, and cancellations within 14 days are completely non-refundable. Please contact the office to clarify your booking tariff.
The price of the booking is subject to change, if there is a change in price you will be notified and offered the opportunity to pay the increased tariff or get a full refund.
A service fee applies to all credit card payments.
Any refund applicable because the property has been rebooked will most likely be made after the dates of the original booked dates. If the property is rebooked for only part of the original booking dates, then a pro rata refund will be made at the agent’s discretion. Cancellation of the arrangement due to non-payment of the balance by the due date will result in the loss of all monies.
NOTE: Please refer to the terms and conditions of the website you booked through, if not Stay Port Stephens. You may be liable for cancellation payments to third party website.
Bond Claims
Claims from the bond or saved credit card may include but are not limited to charges for: excess cleaning fee, damage missing items and or breakages, excess garbage removal, damage or issues caused by pets, pets at non-pet friendly properties, smoking inside the property, overstays at the property, guests more than those booked and paid for, police or security guard call outs and any associated aggravation. We reserve the right to attend the NSW Civil and Administrative Tribunal or the equivalent in other states to recover these costs. In the event of a bond deduction being required an administrative fee of $100 will be charged on top of the amount of the claim.
Guest Information & Obligations
It is a condition of your stay that you adhere to our Terms and Conditions, our House Rules and leave the property promptly after completing the departure checklist that is emailed the night prior to departure. Guests must always abide by the local council and state planning laws and guidelines regarding short term residential accommodation.
Guest Registration - All reservations are required to complete our guest registration. You will be required to upload Photo ID (of the booking person), Credit Card, Names and Ages of all guests. All information provided is securely held and disposed of accordingly. If the registration is not received by our agency within 24 hours of being sent your reservation will be cancelled.
Travel Insurance – is not included; customers are advised to purchase appropriate cover after booking. Travel insurance should be important to you even when travelling domestically within Australia. Travel Insurance can include cover for certain events out of your control such as such as unexpected incidents or accidents as well as cancellations and delays caused by inclement weather and other unforeseen circumstances.
Responsible Renter – As the responsible renter, you agree to be an occupant of the property for the entire duration of the stay. All other occupants will be family members, friends, other responsible adults over 25, or accompanied by a parent or legal guardian.
Keys – A service fee applies if a set of duplicate keys are required by a guest. If we are unable to provide a key for any reason, then the guest will need to engage the services of a qualified locksmith to gain access. The locksmith’s invoice must be paid directly to the locksmith at that time. Guests must not break into, or attempt to break into, premises when locked out. Keys should be returned as per instructions provided. Should the keys not be returned, the guest will be liable for any charge incurred in gaining entry and/or replacing keys and changing locks if necessary, plus a processing fee.
Cleaning – Please leave the property as you found it. Cleaners will attend when you leave to maintain a level of hygiene, disinfect showers and benches etc, but we expect the house to be left in a neat and tidy condition, with BBQ’s wiped over after use, refrigerators cleared of leftover food, dishwasher unstacked when you leave, dishes washed and put away in cupboards, rubbish in rubbish and recycler bins. Extra cleaning charges will be made if these items are not attended to. Please leave used sheets and towels on the floor next to the bed or in the bathroom. The doona covers and blankets belong to the owner which the cleaners will remove. Please do not mix the decorative pillow covers and doona covers with white linen. Cleaning is included in the full tariff, however, if excessive cleaning is required over and above what is considered by stay Port Stephens to be a standard clean, the guest will be charged at cost.
BBQ – A cleaning fee will be charged for unclean BBQs. Guests can decide to clean the BBQ to avoid the charge. If the BBQ is not left clean the credit card will be charged.
Rubbish – You must take any excess rubbish that does not fit in the provided bins when you leave. If it is bin night during your stay, please put the bins out on the kerb. You will find a bin night notification at your accommodation. You will be charged the tipping fee and the time to tip if excess rubbish is left at the property or if the garbage bin is not put out on bin night as requested.
Loss and Damage – All damages, breakages or losses to the property, furniture and furnishing are to be reported immediately. Should you discover a fault or breakage when you arrive, please advise us directly to avoid being charged for this damage.
Furniture - Furniture should not be moved around the house and utensils, crockery etc not to be removed from the premises. You will be liable for any damage caused from the moving of furniture and bond charged accordingly.
Children – No responsibility will be taken for children or pets staying at or visiting the property. Please supervise carefully, always taking into consideration fencing, pools, dams, stairs, verandas, balconies, and cleaning chemicals. Children under the age of 10 years should not sleep on the top bed of a bunk.
Issues during the stay – If you encounter an issue contact us immediately so that we can attempt to fix it. We will not be able to consider compensation unless we have been afforded the opportunity to solve the problem.
Call Out – Should a tradesperson or a member of our team be called to the property and the issue is deemed to be caused by a guest, equipment owned by a guest or because a guest has not followed instructions, then the guest will be responsible for payment of the invoice for the tradesperson or our callout fee of $110 or both.
Smoking – Smoking is not permitted inside any of our properties. If you need to smoke, please do so away from the property to ensure that the smoke does not enter. If evidence of smoking inside the property is detected, you will be charged for steam cleaning of carpets and furniture, laundering of all soft furnishing and linen, plus replacement of linen where necessary.
Third party services – Should you engage the services of a third party during your stay such as a chef, beautician, massage therapist etc, it is your responsibility to ensure that they adhere to these Terms and Conditions and hold appropriate Public Liability insurance.
Number of guests – Each holiday property is equipped for a specific number of guests. No mattresses, tents, caravans or more cars than the property accommodates are allowed. It is against Health Department Regulations for more persons to occupy a property than there are beds to accommodate them.
The guest limits always apply during the booking. Any extra guests (this includes day visitors) above those that have been booked and paid for must be approved in writing prior to the stay. You may not add guests to the booking after the booking has been accepted. Immediate eviction will apply for excess guests not agreed with the owners in advance. The owner has the right to charge for extra guests/visitors and to decline any request. A fee of $500 per head will be charged for any additional people found at the property that are not on the guest registration form. Your tariff will NOT be refunded. Any unapproved excess guests/visitors may result in a “bad guest” register, and/or reviews on booking sites.
Noise – We have a strict ‘no party’ policy. Only the guests staying at the property are permitted to be present. If you wish to have visitors in addition to booked guests, you must advise us in writing prior to your stay and ensure you receive written permission. This is not possible at all properties. If there is, or is evidence of a party/function, you may be asked to vacate the property and there will be an additional charge of $500 per person made. If you or any other guest receives a noise complaint, you may be asked to leave the property IMMEDIATELY with no refund of monies, plus a penalty fee of $500 per complaint will apply. No warning will be issued for noise complaints. Noise audible outside the property is prohibited between 10pm and 8am as Stay Port Stephens properties are in quiet residential streets which are noise sensitive.
In addition, if our staff, security guards or the police are called to the property to deal with noise complaints or excess guests, or if we receive complaint/s from the neighbours during or after your stay, a fee of $500 per offence will be charged. Noise disruption for these purposes includes loud behaviour of any type that disrupts the peace and quiet of others; intrusive or abusive language; loud music or any other sounds affecting other residents that is audible outside the boundaries of the property.
Good neighbour policy – The property is a privately-owned home, and we enforce a good neighbour policy. Please treat the property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. You and other occupants agree to conduct yourselves throughout the stay in a manner that is respectful of and not disruptive to neighbours, traffic flow, or the community and that will not prompt complaints to Stay Port Stephens from the police, local council, neighbours, or neighbourhood. You and other occupants agree to abide by all applicable parking restrictions and limitations.
Recreational Activities – Under no circumstances are the following activities permitted at any of our properties: motorbikes, dirt bikes, quad bikes, use of firearms or air rifles, fireworks.
Security – To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the property and at check out. Should you not be able to secure the property you should contact us immediately. If the property has a key safe, please use it during your stay.
Pets – Your pet is most welcome, but only at our ‘pet friendly’ properties where your request is approved. A pet surcharge will usually apply. This surcharge varies depending on the length of the stay, with a minimum charge of $50. If evidence of a pet is discovered without approval, or at a non-pet friendly property you will be charged for steam cleaning of carpets, furniture and/or mess left by the pet/s, plus our standard pet charge for the time of the stay.
If you have your pet with you, it is expected that a few simple rules of courtesy are followed:
- All pets must be approved in writing prior to the stay
- Any mess, including outdoors, must be wrapped, and placed in outside bins
- Pet bedding must be supplied by guest
- If you are lucky enough to be at a property that allows your pet inside, please restrict it to the hard floor areas and do not allow it onto furniture or into bedrooms.
- You agree to pay for any damage, or extra cleaning required resulting from the pet having stayed.
Criminal Activity – Use of the property for any criminal activity is of course prohibited and may result in fines or prosecutions. This prohibition extends to use of the property’s internet service, if any, for criminal activity. We will cooperate with any investigation of alleged criminal activity at the property during the stay.
Lost property – Guests are solely responsible for their belongings whilst staying at the property and are required to take the usual steps to prevent any property loss, including locking premises and vehicles when not attended. If personal property is left behind, it is the guest’s responsibility to arrange its return by providing Stay Port Stephens with a suitable prepaid satchel or by collecting the item from one of our offices.
We reserve the right to charge an administration fee of $50 to collect and organise postage for lost property. If the postage is more than this amount it will be charged to the card on file. If not claimed within 30 days, it will be disposed of.
Agent/ Owner Limitations of Liability
Property - We have taken great care to describe your holiday accommodation to you as accurately as possible. We cannot, however, accept responsibility for incorrect descriptions, errors, or omissions.
Substitution of property - At times, situations arise over which we have no control such as ownership changes, extensive repairs, or maintenance, or if properties are removed from the holiday rental market. We reserve the right to offer guests alternate accommodation of a similar standard, as available, at our discretion. In the unlikely event, we will notify you as soon as possible and make every reasonable effort to ensure you are satisfied. We cannot guarantee accommodation and, should an alternative not be found, you will be refunded. You hereby agree that, in this case, you will accept the refund as an acceptable outcome.
Price Changes - In some cases, accommodation rates may be subject to increase after you have made payment. Should this occur, you will be notified and given the opportunity to pay the difference in tariff, or we can help you find alternative accommodation. If this is not satisfactory, you will be refunded, and you hereby agree that you will accept the refund as an acceptable outcome.
Wildlife - Our properties are maintained and cleaned regularly, however, wildlife is common in country and coastal areas. Stay Port Stephens and/or the owner do not accept liability for the unfortunate or seasonal visits of any wildlife including, but not limited to; rodents, insects, cockroaches, kangaroos, birds, wombats, snakes and spiders.
Access - Stay Port Stephens and/or its representatives reserve the right to enter the property at any time, without notice, to protect and/or undertake maintenance of the property. We will provide notice to the guests wherever possible.
Equipment - Stay Port Stephens and/or the owner do not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas, and internet. In the event of a failure, the guest should notify our team in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by Stay Port Stephens, will be remedied at any time during or after the rental period, at the sole discretion of Stay Port Stephens. Refunds due to failure of equipment will not be offered.
Limited Liability – To the maximum extent permitted by law, in no case shall Stay Port Stephens, nor its affiliates, officers, directors, employees, agents or property owners be liable for any indirect, incidental, consequential, special, or exemplary damages or for any damages for death, personal or bodily injury, emotional distress or damage to property, arising out of or in connection with your stay. This limitation applies to all claims for damages including negligence even if Stay Port Stephens has been advised of the possibility of such.
FIREPLACES - Fireplaces are to be operated by adult Guests over the age of 18 only and are operated at the Guests’ own risks. Guests will be held liable for any damage caused by incorrect use. If using a gas fire, Guests will ensure the fire/gas is directly supervised by an adult Guest over the age of 18 when in use and switched off whenever unattended or when leaving the property even for short periods. Supervision of children around the fireplace is always required and is the responsibility of parents/guardians. All fireplaces and their casings can get extremely hot and may cause serious burns when in proximity. It is strongly recommended that the fireplace not be operated when children are staying onsite.
Indemnity - Stay Port Stephens and/or the property owner do not accept liability for any personal loss or injury to the guest/s during the rental period. Guests and their visitors’ actions, conduct and safety are the responsibility of the Guests. Stay Port Stephens and Property Owners do not condone unsafe, irresponsible, or illegal actions/behaviour etc, on the premises and during the guests stay or at any other time. A condition of entering and/or staying at this property means that all Guests understand and agree to indemnify the Agent and Property Owners against any responsibility or action(s) (legal or other), due to any action(s), incident(s), loss, or injury(s) while within or outside of the premises (including, but not limited to, the grounds, facilities, structures, furnishings, etc.) during a stay or at any other time. Stay Port Stephens and the property owner are also not responsible and or liable for events beyond our control. Events may include, but are not limited to; adverse weather, fire, flood, traffic or flight delays, war, terrorist activity, civil disobedience, or other force majeure and no refund or credit will be offered under these circumstances.
Bad Books Register/Traveller Feedback - Stay Port Stephens participate in the Bad Books Register. By making this booking you hereby agree that if you or any occupant covered by this booking breaches our terms and conditions, your name, phone number, home address and email address as well as details of the breach/es may be registered with this organisation or any other organisation offering a register for holiday rental travellers. Traveller feedback may also be entered onto the applicable online portals. Stay Port Stephens reserve the right to refuse or cancel a booking where a guest is registered on Bad Books or has received negative feedback from other booking sites.
The balance will be automatically deducted 14 days prior to your arrival from the same credit card used for your deposit payment. If your credit card is declined a reminder email will be sent allowing you 24 hours for an alternate payment method or your booking will be cancelled. The cancellation policy applies.