Sunshine Beach Real Estate
Holiday Letting Terms & Conditions
AS AT JULY 2022
Bookings made with Sunshine Beach Real Estate are in accordance with the following Terms & Conditions. Payment of a deposit and/or receipt of key/s are deemed to be your acceptance of these Terms & Conditions.
- Quotations – are subject to availability and are not guaranteed until receipt of the deposit, confirmed in writing. Tariffs, as per the tariff sheet, brochure and website, and are subject to change without notice. No responsibility is accepted for errors and omissions contained on this website, holiday accommodation brochure, verbal mis-quote or tariff sheet.
- Use of the premises – Bookings are not covered by the Residential Tenancies Act and are for short-term residential purposes only. The property is to be used as a residential dwelling only and NO weddings, parties, school leavers or large gatherings are allowed. The premises are let to accommodate only the number of people specified in the booking. Guests and other occupants will be removed from the property if they do not comply and risk forfeiture of any unused tariff and are liable for extra charges. The property must not be used for any unlawful purposes. Guests use the property and all items on the property at their own risk.
- Guest Behaviour – Care of the premises and the peace and comfort of surrounding residents must be respected at all times. Sunshine Beach Real Estate must investigate reports of, or suspicion of property damage and/or antisocial or unruly behaviour. Such behaviour may, at the absolute discretion of Sunshine Beach Real Estate, result in immediate eviction and forfeiture of any unused tariff. Where Body Corporate By-Laws apply to a building all Guests and their visitors agree to abide by the rules of said Body Corporate and any other relevant building regulations. Guests must also comply with any applicable Local Laws and Codes of Conduct. Guests are responsible for their visitors to the property.
- Noosa Council Code of Conduct for Guests Behaviour – without limiting any other condition reflected within the Sunshine Beach Real Estate Terms and Conditions the guest/s and their visitors acknowledge and agree to abide by the Noosa Council Local Laws Code of Conduct for Guests Behaviour (Addendum 1 herewith). Failure to abide by any of these codes may result in immediate eviction from the property. The guest/s and their visitors acknowledge and accept that a call out fee of $200.00 will be charged to their account if a security firm or Agency representative is called out to the property for any breach of the Code of Conduct or Sunshine Beach Real Estate terms and conditions.
- Check In/Check Out – premises are strictly available from 2pm on the day of arrival and are to be vacated by 10am on the day of departure unless prior arrangements have been made. The keys to the premises are to be collected from our office at 36 Duke Street, Sunshine Beach. If you will be arriving after office hours, please notify us to make alternative arrangements. If check-in time is delayed for any reason, no compensation will be made. Keys will not be provided if the account has not been paid in full. Photo identification and a credit card is required at check-in. On departure the property is to be locked and the keys returned to our office or placed in our after-hours safe.
- Payment – A deposit of 50% is required at the time of booking. The balance of accommodation is due 10 days prior to arrival. A non-refundable booking fee of $35.00 applies to each booking. A non-refundable 2.4% surcharge applies to the transaction amount at the time of payment. Alternatively, a bank transfer into our Trust Account for the deposit can be made. If paying the balance payment by bank transfer, this must be made at least two weeks prior to the arrival date.
- Currency – All prices quoted are in Australian dollars.
- Cancellations – Deposits will be refunded, less a $200 cancellation fee, if more than 30 days’ notice of cancellation is given. A non-refundable booking fee of $35.00 applies, as per Payment terms above. If payment was made by Credit Card, the 2.4% Credit Card surcharge is also not refundable. If a booking is cancelled with less than 30 days notice given, Sunshine Beach Real Estate will endeavour to re-book the dates of that booking. If we are able to completely re-book the dates of the booking at the current tariff for that period, we will refund any monies paid by you less the $200 cancellation fee, $35.00 booking fee and credit card fees (if paid by credit card). If the property is not re-booked, the deposit monies will be forfeited. If a Guest terminates their stay early and does not use all nights booked, any refund is at the discretion of Sunshine Beach Real Estate. Bookings affected by COVID lockdowns are not eligible for refunds. Guests may move their booking to alternate dates within 12 months of the original arrival date at the same Property, subject to availability and seasonal tariffs. The new booking tariff must be equal to or greater than the original booking. If there are any technical issues relating to the miscalculation of the tariff, Sunshine Beach Real Estate and/or the Property Owner has the right to withdraw the property and/or cancel any booking/s taken at the incorrect tariff.
- Breakdowns – Sunshine Beach Real Estate accepts no responsibility for any inconvenience due to machinery or appliance breakdown. Sunshine Beach Real Estate’s best endeavours to repair, replace or hire an alternative will be undertaken.
- Descriptions – Sunshine Beach Real Estate has taken due care and responsibility to verify and check all information on our web sites, brochures or any written or verbal material supplied, as at the time of compilation, however, as this information is subject to change, it accepts no responsibility for any inaccuracy or mis-description contained in the publications. Photographs of the property are accurate as at the time the photograph was taken, and our best efforts are made to accurately represent the property. However, we take no responsibility for changes or personal perceptions. Any requests for changes or alterations to bookings are at the discretion of Sunshine Beach Real Estate.
- Unavailability – If a property becomes unavailable for any reason Sunshine Beach Real Estate reserve the right to move the Guests to alternative accommodation at Sunshine Beach Real Estate’s discretion, or issue a refund of the deposit. Guests may be charged an additional tariff in respect of that alternative property. Sunshine Beach Real Estate cannot be held responsible for actions or decisions out of our control (i.e. sale of the property, alterations/repairs, withdrawal of the premises from the letting pool, or other act), which may affect the booking. In the event of a property becoming unavailable, every effort will be made to find alternative suitable accommodation but if this is not possible the deposit will be refunded in full.
- Non-Transferable – bookings will not be moved to alternate properties – especially due to a ‘change of mind’. Any movement of bookings is at the discretion of Sunshine Beach Real Estate and further charges may apply.
- Extra Cleaning – Cleaning services are not provided unless your stay exceeds 10 nights. Additional cleans, linen, towels, face towels, etc. can be arranged by Sunshine Beach Real Estate. Extra charges will apply. Charges will apply if extra cleaning or repairs are required upon check out or at any time during occupancy if the property is found to be in an unacceptable state by Sunshine Beach Real Estate. Sunshine Beach Real Estate reserves the right to inspect the property at any time. The Guests agree to leave the property in a clean and tidy condition, as it was on commencement of the booking, and to dispose of all rubbish in the wheelie bins provided. The Guests agree to reimburse Sunshine Beach Real Estate for any extra cleaning costs, rubbish removal, replacement of inventory items lost, damaged or destroyed and the cost of repairs if damage is caused by the Guests or their invitees. The Guest agrees to suitably clean the barbeque if there is a barbeque provided and the Guest uses said barbeque. The Guest acknowledges that an additional charge may be incurred if the barbeque is left in a state of un-cleanliness.
- Damages – Guests are responsible for the loss or damage to any fittings, fixtures, furnishings and any items in the premises, including keys and remote controls, whether accidental or otherwise. Guests will be charged for the repair or replacement of any such loss or damage at the absolute discretion of Sunshine Beach Real Estate. All damage and/or losses are to be reported immediately. Acceptance of keys and giving us credit card details is approval by the Guest for us to charge for any damage or loss reported, or discovered after checkout. If the credit available on the credit card provided is insufficient to pay or reimburse the whole of the expense to Sunshine Beach Real Estate or the Owner of the Property, the Guests acknowledge their joint and several liability to pay or reimburse Sunshine Beach Real Estate or the Owner of the property for any outstanding cost or expense by any other means accepted by Sunshine Beach Real Estate or Owner. Furniture is not to be removed from the property. Guests must abide by any reasonable direction given by Sunshine Beach Real Estate who reserves the right to enter the property at any time to ensure compliance with these conditions. A tradesperson is permitted to enter the property at any time to carry out emergency maintenance.
- Loss of keys or remotes – will be charged to the Guests at the discretion of Sunshine Beach Real Estate. There will be a minimum replacement cost of $150.00 charged to the Guest. If a Guest locks themselves out of the property after hours, a call out fee of $100.00 may apply.
- Parking – Guests shall only park cars and/or trailers, or other vehicles in specified areas allocated for that purpose. Guests must comply with local Council parking regulations and be considerate of neighbours.
- Theft/loss of Items – Sunshine Beach Real Estate accepts no responsibility for Guests personal property left on the property. The Guest is responsible for maintaining the security of the property throughout, and immediately after their stay. Any loss of items from, or damage to the property resulting from the windows and/or doors being left unlocked may be recovered from the Guest by whatever means available to Sunshine Beach Real Estate and/or property owner.
- Non-Smoking Policy – Guests acknowledge that smoking inside of the property is not permitted and agree to ensure they and/or their Guests smoke outside only. We request that Guests do everything possible to prevent cigarette smoke from drifting inside the premises and to please safely dispose of their cigarette butts in a tidy manner. Guests must comply with any applicable Body Corporate By-Laws or building regulations pertaining to smoking.
- New building/renovations – are common in the area. Unfortunately, the notification of surrounding property owners/managers of such work is not a common practice. If we are aware of work that will adversely affect your stay we will endeavour to advise you prior to arrival. Sunshine Beach Real Estate will attempt to minimise the effect of any such works, but cannot be held accountable for any disturbance or inconvenience caused.
- Unexpected Situations – If circumstances beyond the control of Sunshine Beach Real Estate affect this reservation (such as flood, fire, act of God, war or threat of war, physical unrest, riots, civil disturbances, terrorist activities (threatened or actual), strikes, port or airport closure, technical problems with transport, alteration or cancellation of scheduled travel services) then Sunshine Beach Real Estate may, at its discretion, cancel this reservation and offer either alternate accommodation; or a proportional refund of monies paid by the Guest.
- Pets – are only permitted with prior approval and only in those properties where pets are allowed. A $100.00 pet fee applies at the time of booking. If pets are approved, the Guests are responsible for any dogs on the holiday premises during their stay and agree to control behaviour and supervise dogs at all times. Pets are not to be locked inside the dwelling if the Guests are away from the holiday premises from time to time.Sunshine Beach Real Estate does not allow dogs on the holiday premises that are vicious; and/or that are excessive barkers (although we do understand that dogs bark from time to time.The guests agree to clean up after their pet, to dispose of any doggie doo’s left at the holiday premises and ensure grounds, gardens and premises are not damaged by their pet. Failure to do so may result in additional cleaning charges.
- Internet Connection – Sunshine Beach Real Estate is not responsible or liable for any loss of or interruption to internet connection whether offered as part of the property’s services or otherwise. Wi-Fi is not provided unless specifically advised. Wi-Fi/internet speed and signal is not guaranteed and if it becomes unavailable for any reason, compensation is not payable. Likewise, phone reception is not guaranteed, and compensation is not payable for unsatisfactory phone reception.
- Disclaimer – Sunshine Beach Real Estate do not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents, theft to or failure of machinery or equipment or industrial action.
Administration Subordinate Local Law (No. 1) 2015 – Schedule 21A Operation of short stay letting or home hosted accommodation
CODE OF CONDUCT FOR GUEST BEHAVIOUR
1. Each vehicle used by an occupant of the premises must—
(A) be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and
(B) be parked within the parking facilities at the premises;
2.Each occupant of the premises who enters, uses or occupies the premises, including any outdoor area of the premises, for example, an outdoor entertainment area, deck, balcony, swimming pool or spa, must not—
(A) detrimentally affect the residential amenity (including but not limited to noise, overlooking or light spill) enjoyed by residents adjoining, or in the vicinity of, the premises; or
(B) cause a nuisance (including a noise nuisance); or
(C) display unacceptable behavior, for example—
-loud aggressive behaviour;
-yelling, screaming, arguing;
-excessively loud cheering, clapping or singing; or
(D) create a level of noise which is in excess of the acceptable levels described by Queensland Government legislation for environmental protection (noise).
3.An occupant of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility;
4. Pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance);
5.Each occupant of the premises must store general waste (including the separation of recyclable waste) produced as a result of the ordinary use or occupation of the premises in a waste container;
6.Each occupant of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition.