Terms and Conditions

Your booking with Swell Stays is subject to the Terms and Conditions outlined below. It is important that you read and understand these Terms and Conditions prior to booking as they will apply to your stay at any property managed by Swell Stays.
Please note that by making a booking and paying your deposit, you acknowledge and agree to abide by and comply with these Terms and Conditions as they stand now and at any stage during or after your stay. This section of the website will always display the most up to date version of these conditions. In case of any variation of booking conditions between us and an independent third party booking provider, the terms posted on this website will apply.
These Terms and Conditions listed below were last updated on 22/02/2012.

 

1. GENERAL TENANCY RULES

1.1. Before making a booking & paying a deposit it is your responsibility to have read and understood the Terms and Conditions. We reserve the right to change all or part of these Terms and Conditions at any time and it is your responsibility to keep yourself updated on any changes which will be displayed on this section of our website
1.2 Guests and invitees must monitor the observance these Terms and Conditions at all times. A breach by your invitees/guests will be considered a breach by you. A breach of these Terms and Conditions may result in, but is not limited to, you being evicted from the premises, losing your bond (if applicable) a deduction made from your credit card, debit card and a forfeit of all monies paid
1.3 If the premises are damaged due to accidental, negligence or willful act of the guest or the guest’s invitees the premises will be repaired by us at the cost of the guest. Any damage over the amount of $500 will result in a report lodged with the Police as malicious damage. We are not required to issue you a tax invoice for any repairs that have been carried out at the premises or for any charges which have been claimed against you
1.4 Use of the premises is for strictly residential purposes only. For any event or other than as residential premises (at our sole discretion) will result in the immediate termination of the booking, removal of guest(s) and other occupants from the premises and other costs or expenses (including a function/extra cleaning fee) being charged to the guests credit card, if insufficient funds are available, the debt will be passed onto a debt collecting company or the courts for the debt plus recovery costs
1.5 The person affecting a booking shall be deemed to have accepted the booking conditions on behalf of all persons named in the booking. The person who makes/confirms a booking on behalf of another person shall be deemed to have accepted the booking Terms and Conditions on behalf of all persons named in the booking.
1.6 Swell Stays reserves the right to enter the premises during your stay for reasons such as: to ensure the security of the premises are maintained, and to attend to any maintenance and/or repairs.


2. GUESTS MUST

2.1 Be courteous and considerate guest and maintain noise at a reasonable level.
2.2 Comply with parking regulations and show consideration to neighbors
2.3 Dispose of garbage in accordance with the usual practice at the property
2.4 Excess waste/bottles etc are to be removed from the property to avoid a collection charge & dump fees
2.5 Notify the agent of any issues or complaints as soon as is possible
2.6 Be responsible for their visitors and maintain the security of the premises
2.7 Abide by any order issued by police or any regulatory authority and refrain from engaging in any illegal, drunken, offensive or obscene behavior


3. TARRIFFS

3.1 Tariffs, prices/quotations are subject to change without notice and will not be guaranteed until a deposit has been processed and you have received formal confirmation in writing from our office
3.2 Surcharges may apply to one and two night stays
3.3 During Peak Season (18th December – 14th Jan) min 7 night stays may be applicable
3.4 Prices listed on our website are subject to change, once you have paid your deposit your rate has been locked in. If any specials are held/or lower prices advertised after you have paid your deposit we cannot amend the rate
3.5 All rates do not include transport from your home port to holiday destination and return, items of a personal nature, meals, transfers and existing or proposed taxes and government charges, unless otherwise indicated
3.6 Any verbal quote given is an estimate only of price, which will be subject to a written advice on confirmation of the reservation. Minimum length of stay restrictions may apply to certain rates during special event periods. All prices and other payments and conditions should be confirmed at the time of booking


4. OTHER FEES

4.1 If a credit card transaction is declined for any reason a $20 re-processing fee may be imposed
4.2 We accept payment either by credit card (Visa/Mastercard only) or EFT Transfer. We do not accept cash.
4.3 Hire items available are at the quoted rate
4.4 Any lost keys will incur a replacement fee of $50 per key. Should this happen during your stay you must advise your property manager immediately
4.5 Any amendments to stay requested (change of dates/hire items) attract a $25.00 admin fee


5. DEPOSITS & RENTAL PAYMENTS

5.1 A 50% deposit of the total rental amount is required to secure your booking and must be paid at the time of making your booking via one of our approved methods (see 5.6)
5.2 The balance must be paid at least 30 days prior to your arrival date.
5.3 If you wish to make final payment via EFT you must notify us of this in writing 5 business days prior to your final payments due date
5.4 For bookings made within 30 days prior to your arrival, full payment is required at the time of booking
5.5 Standard Payments accepted include; Mastercard – Credit and Debit Cards, Visa – Credit and Debit Cards, EFT or Bank Wire Transfer (allow 7 days transaction time). We do not accept cheque, cash or American Express


6. REFUNDS & TERMINATIONS BY GUEST

Deposit is non-refundable under all circumstances. If written cancellation is received by the Booking Agent before the final balance of tariff is due, the Guest will be released from the liability for the full balance. Consideration may be given to allow the guest to transfer the booking (of the same house only) to another date, plus transfer fee of $100. Where written notification of a cancellation is received after the full balance has been receipted and confirmed, the property is reserved for the Guest for the specified period whether or not occupation of the Property occurs; if a replacement booking is found 20% of the tariff will be retained. The Booking Agent recommends that the Guest take out comprehensive holiday cancellation and protection insurance with a reputable company to cater for any unforeseen circumstances (see “Insurance”). Where the Guest chooses to shorten their stay or reduce the number of guests in the booking, a refund, credit or transfer is not available for any unused portion of the booking.


7. REFUNDS & TERMINATIONS BY AGENT

7.1 If for any reason the premises become unavailable before or during your stay we will endeavour to find suitable alternative arrangements. If satisfactory alternative arrangements cannot be made, we will refund monies paid for the part of the booking not fulfilled
7.2 Swell Stays will not be held responsible in anyway should a property no longer be available to be booked, is listed for sale, sold or the Agent’s appointment to act is terminated and your booking is cancelled
7.3 If after arrival clients are dissatisfied with any aspect of their accommodation & decide to terminate their stay, the amount to be refunded, if any is at the sole discretion of the property management


8. ARRIVALS & DEPARTURES

8.1 Check in time is from 2.00pm onwards. For guaranteed arrival prior to 2pm, a house must be reserved from the previous night and therefore includes an additional nightly charge. If an early check in is possible it will be charged at a half day rate which allows you to check in at 10.00 am. If you wish to check in from 12pm, a $50 dollar surcharge applies.
8.2 Check out time is 10.00am. As we employ contract cleaners there is NO flexibility that allows for a later check out unless approved prior in writing. If a late check-out is possible it will be charged at a half day rate which allows you to depart at 2.00pm. If you wish to check out at 12pm, a $50 dollar surcharge applies.


9. USE OF THE PREMISES

9.1 The premises must be left in a similar state to the condition on arrival. Failure to leave the premises in a satisfactory manner will result in you incurring extra charges. You authorise us to charge you for the additional costs we incur to clean the premises at our absolute discretion upon your departure
9.2 Only the number of people listed under the tariff rate on our website are included in the nightly rental tariff and are permitted to stay at the premises overnight. If your number of people exceed this amount additional bedding arrangements will automatically be added to your booking.
9.3 The number of guests at the property should not exceed the number agreed to under the tariff rate at any time unless you have advised us in advance and additional bedding arrangements have been made. If there are more people than declared at the property upon check in, or any time during your stay, we reserve the right to terminate your booking without prior notice and all rental monies paid will be fortified
9.4 Swell Stays deems children as being under 13 years of age and infants being under 3 years of age. A maximum of 1 additional infant may stay at the property included in the normal nightly tariff per night for no additional charge (if using existing bedding provided). If there are two infants required to stay at the property you must advise us of this at the time of booking, additional charges apply (see section 4) and this must be confirmed with our Agency in advance, in writing
9.5 Due to health and Safety and Fire Regulations guests must not sleep on couches or in any other areas apart from in beds supplied. If additional bedding is required you must order organise this through out agency
9.6 You must not use the premises for any unlawful purpose
9.7 All rental properties are strictly non-smoking properties inside the premises
9.8 Furniture is not to be moved and only outdoor furniture is to be used outdoors
9.9 Animals are strictly prohibited unless prior arrangements are confirmed in writing
9.10 Re-tuning of TV’s and or VCR’s is not permitted. The attachment of electronic games and devices to the television/video system is not permitted. If re-tuning is necessary after such use, the guest will be required to pay any costs incurred
9.11 Parties and other functions are strictly prohibited. The rental is for private domestic holiday use only. This rate does not allow for the extra costs associated with functions in terms of cleaning, garbage removal, wear and tear, repairs etc. Disturbance to neighbours, including excessive noise, is strictly prohibited. Please note you are in a residential area and regard the quiet enjoyment of neighbouring properties
9.12 Use of any equipment supplied or available at the premises is at your own risk
9.12 You must comply with all reasonable directions provided by us. We reserve the right to enter the premises at any time for any reason to ensure the compliance with these Terms and Conditions
9.14 It is the guest/s responsibility to maintain the security of the premises once key-hand over has taken place, this includes keeping all doors/windows/gates locked at all times to maintain security


10. BREACHES

10.1 A failure to comply with any of the above Conditions may be considered a serious breach of this agreement resulting in your eviction, the loss of your bond (if any) and/or a debit being made to your credit card/debit card on file
10.2 Any damage that totals over the amount of $500 will be reported to the Police as malicious damage and criminal charges may be apply.


11. LOSS, DAMAGE & INJURY

11.1 Use of the property, its contents, equipment and facilities are at your own risk
11.2 You will be held responsible for any damage, breakages, theft or loss of any property on or in the premises during your stay (including keys). If any property is affected in this manner, you will be responsible for all related costs for the repair or replacement of the affected property. By making your booking and paying a deposit you authorise our Agency to deduct these costs from your bond (if any), monies paid (or owed) by you and or, charge your credit card on file accordingly
11.3 Swell Stays nor the owner of the premises takes any responsibility for the loss or theft of your personal property nor any bodily injury on or at the premises


12. PARTIES

12.1 Parties are strictly not allowed on the premises including; The definition of a party is at our sole discretion and may include any situation where the maximum number of guests allowed per premises is exceeded, the noise level is deemed too high, excessive traffic to and from the premises is identified, intoxication and or excessive alcohol is present
12.2 If any rental is identified as having a party (at our sole discretion) we reserve the right to immediately evict all occupants and terminate your booking. Should this happen, all rental monies paid will be forfeited. In addition to this any expense resulting from cleaning, replacement of any furniture/fixture/breakage, including lost keys as well as any repairs will be deducted from the bond or charged to your credit card


13. EVICTIONS

13.1 Our Agency and or our Agency’s contractors reserve the right to immediately evict any guest, visitor or member of the public for the following (but not limited to) reasons: Intoxication and/or unsavoury/lewd behaviour; Throwing objects off any balcony, spitting or vomiting over the balconies, wilful damage to the premises, physical or verbal abuse/assault of our staff, other guests, residents, members of the public on or around the premises, behaviour deemed as a potential safety threat to others, any breach of these Terms and Conditions


14. CLEANING & LINEN

14.1 Properties are fully self-contained and are not serviced daily. Should you require additional services please contact us prior to your arrival and we will be happy to arrange this for you (charges will apply)
14.2 Please ensure that the property is left clean and tidy when vacating. All crockery and utensils must be washed and placed back in the cupboards. All furniture must be left in the same position as it was upon check in. Charges will be made for any additional cleaning or relocating of furniture in the property
14.3 All rubbish and bottles must be removed from the property and placed in the rubbish bins provided prior to vacating. Any excess items left in the apartment will incur an additional charge
14.4 We are not responsible for any items left at the property after your departure
14.5 Please go to Linen Hire for our Linen Hire service.


15. EXTRA FEES AND CHARGES WHICH MAY APPLY

15.1 We reserve the right to charge you a bond and or a credit card authorisation at the time of making your booking or at anytime during your stay, . The bond or pre-auth may be used to cover incidental items such as (but not limited to) consumables, breakages, extra cleaning charges etc. The bond will be refunded to you once an inspection of the premises is carried out after you check out, less the cost of any incidental items, fees and charges.
15.2 The pre-authorised amount may be set aside by the credit card company for a period of up to 10 days. The pre-authorisation will affect your available funds balance or spending limit. For more information on this practice we suggest the cardholder contact their card issuer. Once a pre-authorisation has been made, we cannot release, remove or lower the authorised amount, until we process the final account on departure. This is a merchant process and cannot be changed
15.3 If you provided us with your credit card details, you provide your consent for us to deduct from your credit card any additional fees or charges stipulated in this agreement and your final rental payment amount
15.4 Where credit card details are not available a cash bond may be required, you must arrange this in advance
15.5 You must pay all associated costs for the repair or replacement of damaged, lost or stolen property on or at the premises
15.6 We reserve the right to charge you a special cleaning fee to cover the reasonable cost of additional cleaning of the premises that is required as a result of your occupancy which is at the pure discretion of Coastal Holiday Rentals. You agree that we are not required to issue you with a tax invoice
15.7 Should you request any lost property to be posted to you after your departure this will be sent receiver to pay and a $20 admin fee will apply for our Agents time in arranging, collecting and posting the item back to you


16. INFORMATION ABOUT RENTALS

16.1 Whilst care is taken to ensure that the description of facilities and services of Gracetown Holiday Services is accurate, these are continually being changed, upgraded, and on occasion taken out of service. If any feature/facility is essential for the guest in choosing a particular property, it is advisable that the guest checks this with the reservation staff at time of booking. Coastal Holiday Rentals cannot be held liable for omissions or errors, whether temporary or permanent, in regards a property’s facilities and services
16.2 Photographs shown are an accurate representation of the property at the time the photograph was taken and are subject to change and fair wear and tear. Neither Gracetown Holiday Services nor the owner of the premises accept responsibility for personal perceptions
16.3 In the event of faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner or agent to compensate or discount. We will accept no responsibility for any inconvenience with machinery breakdown however we will do over very best to repair or replace the item
16.4 We do not maintain an office on-site at the Resort or premises that you are renting, therefore we do not have the facilities to store guests luggage


17. SCHOOLIES BOOKINGS

17.1 Not every property on this website accepts Schoolies bookings, this is at the sole discretion of the owner. If have an enquiry about schoolies you must stipulate this at the time of your enquiry
17.2 If a Schoolies booking is accepted a $200 bond per person is required (payable via EFT, Cheque, Money Order or Credit Card) those funds are required to be cleared 30 days prior to check in date
17.3 All of the above conditions will apply including inspections being carried out during the duration of your stay if we feel the above terms and conditions are met
17.4 You must not book Schoolies Accommodation on-line, please contact our office to make arrangements