Agent of the Owner
- Elders Real Estate Hervey Bay act as the Agent of the Owner of the Property and accept reservations in that capacity in accordance with these Terms and Conditions.
- Elders cannot be held responsible for any changes to the Property that differ from representations (including the tariff payable).
- By booking with Elders Real Estate Hervey Bay, You agree to be bound by the following Terms & Conditions. We may revise these Terms & Conditions from time to time by updating our website. The revised terms will take effect from when they are posted.
- Payment of a deposit and/or receipt of key/s are deemed to be your acceptance of these Terms and Conditions.
Bookings and Payment
- All bookings must be registered to an adult over the age of 18. Prior to check-in the registered guest must personally sign the guest registration form and provide a valid credit card for security.
- As part of the Duty of Care and in the case of fire or accident, it is essential that Elders is aware of all occupants in a property. Therefore do not be offended when we ask for the names and addresses of all those who will be occupying the property booked.
- Registered guest must be present at the property with other approved guests for the full duration of their stay.
- To secure a reservation the deposit is required within 48 hours (by the end of the second business day) of making a booking. Should your deposit not be paid by this time, the booking will be automatically cancelled.
- The deposit is accepted on the basis that the rental amount quoted may be increased, or the booking may be cancelled at the owners’ discretion, Notice in writing will be given to the person holding the booking.
- The deposit is accepted on the basis of current conditions and your booking is subject to change as may be notified by this Agency prior to the commencement of the letting. However, every reasonable effort will be made to offer alternative accommodation should circumstances prevent the original accommodation from being available. Should the premises become unavailable through unforeseen circumstances (i.e. fire, storm, damage, change of ownership, body corporate requirements, owner discretion etc) we will notify you and endeavour to obtain alternative accommodation. In this event the guest may elect to have the deposit already paid transferred to new the new booking or have the paid deposit refunded if they wish to cancel.
- If there are any technical issues relating to the calculation of the tariff, the Property Owner has the right to withdraw the property and/or cancel any booking/s.
- Elders cannot be held responsible for circumstances beyond their control. That is, if the property is sold or withdrawn from the rental market, the property is altered in any way, or the owner wants the property for their own use or any other bona fide reason (result of damage by storm or flood for example).
- When a booking is placed and the deposit is paid to confirm that booking, an email will automatically be sent to guests confirming their booking and showing the date when the final payment is due. The balance of the tariff will be due 7 days prior to arrival date.
- In making a booking, guests automatically grant Elders the authority to retain the details of the credit card used to make the initial deposit in the Payment Gateway (SecurePay) and to use this card for the payment of the balance of the tariff if payment has not made by the appropriate date.
- If this final payment/balance is not accepted by the credit card as a valid transaction and/or the guest fails to respond to communication regarding this failure, the booking will be automatically cancelled and the initial deposit paid may be forfeited.
- As our office is a ‘CASHLESS’ office, we accept Visa, MasterCard, Direct Deposit, Bank Cheque and EFTPOS only. Please note that Direct Deposits by International Money Transfer are not acceptable forms of payment due to delays in transfer of funds and excessive bank fees for all parties
- The credit card used for payment of accommodation must be in the name of the person who signs the registration card upon arrival.
- Valid credit card details (MasterCard, Visa) are required on the Security Deposit section of the Guest Registration Form and will be kept on file securely. The authority granted by providing the credit card details and the signing of the Registration Card is valid for 30 days after the last day of the booking.
- In the case where the guest is liable for damages or outstanding charges, the guest will be charged accordingly.
- Please note that we do not accept payment by Pay Pal or other third party.
- Personal cheques will not be accepted within 14 days prior to arrival.
- You should carefully check the details of our written confirmation and inform us immediately of any errors or omissions.
- PLEASE NOTE: LEGALLY NO KEYS CAN BE ISSUED UNTIL THE REGISTRATION CARD IS SIGNED AND FULL TARIFF IS PAID.
- A $25.00 non-refundable booking fee is applied to all bookings.
Cancellation policy and booking changes/alterations
Cancellation Policy – All Cancellations must be received in writing
It is strongly advised guests take out travel insurance to cover any unexpected events which may lead to cancelling their reservation.
- If a guest cancels a confirmed booking more than 3 months prior to check in, the deposit paid will be forfeited. Note the initial booking fee is also non-refundable.
- If a guest cancels a confirmed booking less than 3 months prior to check in the full amount paid is non-refundable.
- No refund is made on the unused portion of rent, if guests vacate the property prior to their departure date.
- In the event of advance bookings being cancelled by the owner and/or agent, a full refund will apply.
- Due consideration will be given, in consultation with the owner, to any cancellation at any time occasioned by exceptional circumstances.
- We cannot accept responsibility for actions taken by the owner of the premises outside our control and we reserve the right to cancel any booking, as per the owner’s instruction. In this event, we will notify you as soon as possible and do our best to arrange other accommodation or dates suitable to you, failing which all deposit monies paid will be refunded, but no other claim, right or action or demand shall exist in or be made by either party.
- Bookings are taken by the agent in good faith, however, the guest acknowledges that the agent does not own the property and that the owner may instruct the agent to cancel or ask the guest to amend the booking dates at any time up to the day of check in.
All requests to cancel or alter a confirmed booking must be made in writing, either by email to email@example.com or by letter posted to PO Box 5147, Torquay QLD 4655 or by facsimile to 07 4125 5177.
A cancellation will not take effect until we receive written confirmation from you.
Booking Changes & Alterations
Changes and alterations to any bookings can only be made up to 90 days from arrival (at the discretion of the Managing Agent). Any changes made within 90 days of your arrival attract the same conditions as a cancellation as stated below.
The following conditions apply to alterations to confirmed bookings outside 90 days from arrival:
- Any requests for alterations or changes to bookings are at the discretion of the Managing Agent
- The new booking must be made to the same property as originally booked.
- The tariff for the new booking must be the same or greater than the original booking.
- The prevailing tariff at time of change will be applied to new amended booking.
- The new booking period must be within 12 months of original booking date.
- No fee will apply to extend the dates of your holiday booking; however this is subject to availability.
Ultra Peak Christmas Bookings
- All Ultra Peak period Christmas Holiday bookings are to be paid in full and Guest Registration Forms are to be returned by 1st November. If Payments & form are not received by the due date this may result in cancellation of the booking.
- We strongly recommend you purchase travel insurance to cover any unforeseen circumstances including loss of deposit, cancellation of airline flights, cancellation fees, medical expenses and loss of any personal belongings during the stay.
- Tariffs are current as per the tariff sheet and are subject to change without notice. No responsibility is accepted for errors and omissions contained on this web site. Please note that any verbal quote given is an estimate of price only which will be subject to written advice on confirmation of the reservation. The price of the accommodation cannot be guaranteed until payment of the full deposit is received.
- In the case of date altered bookings, the prevailing tariff at time of change will be applied to new amended booking.
- Properties that are less expensive than adjacent properties reflect the standard of the property.
Quality of Properties
- Whilst all care is taken by Elders Real Estate to ensure accuracy of information and photos are up to date on the website, if on arrival at a property it is not of a type or standard that was expected, Elders Real Estate cannot accept any liability for any misconception as to the features and quality of the property. Properties are constantly being upgraded and there may be small changes or upgrades made to properties which are not reflected in the most recent photos as shown on the Hervey Bay Holiday Accommodation website.
- The description of the premises by the Agent is made in good faith. No responsibility for misdescription will be accepted. Please choose your property carefully using the information provided on our comprehensive websites and/or brochure. There is no provision to change properties on your arrival if you are unhappy with your choice.
- Check in time is from 2.00 pm on day of arrival. The Guest Registration form must be filled out in full and signed by the guest named on the Booking and verification that all tariffs has been paid. No keys will be issued until these requirements have been met.
- Elders rentals office hours are: Monday to Friday 8.30 am - 5.00 pm and Saturday 9:00 am to 11:30 am (closed on Sundays and all Public Holidays).
- If you are arriving outside these office hours, please call our office prior to the check in date so we can organise alternative arrangements. Please advise approximate time of arrival.
- A call out fee may apply for arrivals outside normal office hours, if payment in full has not been made and Guest registration form has not been returned.
Checkout and Departure
- Checkout time is strictly 10.00 am. Prior to departure from the property the following must be done. All rubbish to be removed from the property and placed in the appropriate bins. Dishwasher must be emptied, all dishes washed, dried and put away. The property must be left secure with all windows and doors closed and locked. The furniture must be placed back in its original position. Please leave the premises clean and tidy as an additional cleaning fee may be charged.
- Failure to depart by 10am without prior arrangement will incur additional charge of $50 per hour past 10 am.
- All keys must be returned to Elders Real Estate during office hours or Planet 72 Ice-Creamery on Sundays. We can accommodate early check outs, please contact the office for instructions. Failure to return keys will incur a fee to cover the cost of having the keys recovered and returned to Elders Real Estate.
- Our after-hours emergency only contact number is 0427 012 804.
- For all non- emergency issues please call our office during business hours Monday to Friday 8:30 am – 5:00 pm and Saturday 9.00 am – 11.30 am.
- A call out fee of $90+GST may be charged to the guest in some instances such as lost keys, lock outs or where there is a breach of our Terms & Conditions. If the call is about a life threatening situation please ring 000.
- For security reasons, if keys and/or remotes are not returned to our office on checkout, guests will incur the cost of a complete re-key and replacement.
Maximum Number of Guests
- All properties are listed on our website www.herveybayholidayaccommodation.com.au and lets you know the maximum number of guests allowed in each property at any time during the holiday stay – exceeding this number is strictly prohibited. The guest registration card signed upon check in confirms the understanding of maximum occupancy.
- Guest accommodation is for short-term residential purposes only, and not covered by the Residential Tenancies Act. The premises are let to accommodate only the number of people specified in the booking, for the period specified in the booking.
- Overloading will render the guests liable for extra charges and risk immediate eviction and forfeiture of any unused tariff.
- The property must not be used for unlawful purposes.
- All guests are responsible for keeping the property secure during their stay and will be responsible for any theft or damage due to neglect in this area.
- Damage to the property or its inclusions by guests or their visitors, other than fair wear and tear, must be reported to our holiday rental staff as soon as possible and arrangements made to pay for the cost of repair or replacement.
- Furniture is not to be moved around. Items are not to be moved from room to room. A fee will be charged should these occur.
- If keys and/or remotes are lost, the locks may need to be changed at the guest’s expense.
- Should a guest lock themselves out of the property a call out fee of $90+ GST is applicable.
- No more than the registered number of guests is to occupy the premises, as each holiday property is equipped for a specific number of guests. No extra mattresses are to be brought onto the property. If the property is reported to be overloaded, the booking will be terminated and guests will be asked to vacate with no refund made.
- Strictly no tents or caravans are permitted on the property.
Any areas designated as private by the owners are strictly out of bounds.
- Children must not jump on beds. Damage resulting from children jumping on beds will be at the cost of the guest.
- No liability is accepted for any injury, debt, damage, loss, delay, expense or inconvenience caused directly or indirectly by events beyond the agent or owners controls. No responsibility is taken for guest’s property left on or near the premises. It is recommended that guests take out personal property insurance or adequate travel insurance should any unexpected situations arise before or during your travel period.
- Parties and Functions are strictly prohibited. Immediate termination of the booking without refund may result. A penalty fee of up to $500 will also apply. Our agency has a STRICT NO PARTY POLICY INCLUDING NO SCHOOLIES. NO EXCEPTIONS
- Guests must comply with the by-laws, rules and regulations of the Body Corporate (if applicable) and any reasonable direction of the operator. The booking will be terminated if any guest fails to comply after receiving a warning.
Excessive Noise Policy
- Guests will make every possible effort to ensure that they do not interfere or cause a nuisance to neighbours. Excessive noise can be a major cause for complaint. Loud music, televisions and partying that causes excessive noise will not be permitted between 9:00pm to 7:00am.
- All laws must be observed, you are in a residential area and regard must be paid to the quiet enjoyment of other occupants in the building and neighbouring properties. Noise pollution is a punishable offence by law and as such we reserve the right to immediately terminate the tenancy without refund for any breach of this condition.
- It is the guest’s responsibility to maintain the cleanliness of the property during the lease period. If you require the premises to be cleaned and/or change of linen during your stay you will be charged the cleaning fee, please contact our office to arrange.
- Smoking inside all properties is prohibited. Guests must discard cigarette butts into the rubbish bins. Cigarette butts discarded into garden beds may incur an additional charge for cleaning. Please note some properties and most strata properties do not allow smoking on balconies
- Departing guests must leave the property clean & tidy. This includes emptying the rubbish bin, washing, drying and putting away all dishes, emptying the dishwasher, emptying and cleaning of the refrigerator, oven/griller & microwave, cleaning of the BBQ, leaving the beds neatly folded back, turning off the lights & all appliances including air conditioning. Guests are required to secure the premises upon departure by locking doors and windows.
- The cost of a standard clean is included in the tariff charged. Elders Real Estate reserves the right to recover any costs above the standard clean from guests at or following a departure.
- Council rubbish bin collection occurs weekly. Notice of bin collection days are in the premises or alternatively if you notice other bins out are on street please do so with your property. Please place bins on the kerb the evening before, face out for collection. Additional services can be arranged through our staff at cost. A fee will be charged if any excess rubbish has to be removed however we would prefer if you would call our office in advance if there is any excess garbage.
- In the event the premises are left in an excessively dirty or untidy state, a charge will be made to your credit card. All such charges are subject to the managing agent’s and cleaners discretion.
- All properties are fully self-contained, however not all properties provide Linen (sheets, pillow cases, bath mats, hand towels, bath/beach towels & tea towels) unless otherwise stated in the advertised description. Pillows, pillow protectors, mattress protectors and blankets/doonas are supplied.
- Linen hire can be arranged at a reasonable cost, please contact our office for contact details.
- Linen must be used on all beds.
- Where linen is supplied stripping the dirty linen from the beds and piling it with towels ect for collection is appreciated on your day of departure.
- All properties are self-catering, we provide some basics to get you started but you will need to go shopping on arrival, bring with you or order online, this includes toilet rolls, soap, dishwashing liquid etc.
- BBQ’s are provided for your convenience by agent or owner. Should gas bottles empty during the period of your stay please fill gas bottle or Swap n Go and produce receipt to our office for reimbursement via cheque or transfer of funds (bank details required). Please note: This is not considered an emergency.
- In accordance with State Legislation, smoking is NOT permitted inside any Holiday Rental Property. If it is found that smoking has occurred, costs associated with the cleansing of the property to remove all traces of cigarette smoke will be charged to the guest. This can include dry cleaning of soft furniture and furnishings. Many properties allow smoking outside the premises but smoking must only occur more than 3 metres away from the doorway of any property.
- Guests must discard cigarette butts into the rubbish bins. Any cigarette butts discarded into garden beds may incur an additional charge for cleaning.
- Some properties do not provide car parking. If car parking is provided, the Guest must only use the car parking space allocated to the property and not interfere with the use of common property by other persons.
- We have a small number of homes which are Pet friendly, please check our website.
- Pets are not permitted on the premise unless the property is designated ‘Pet friendly’. If you are found in breach of the NO PET rule, this will lead to the immediate termination of the holiday contract and a fumigation fee will be charged against your security deposit.
- Upon departure of these properties all animal droppings must be removed from the premise and disposed of properly. If this does not occur a cleaning fee may be charged to the guest.
- Service animals specifically trained to aid a person with a disability are welcome by prior arrangement.
Faults/ Repairs/ Property Maintenance
- Air Conditioners, Swimming Pools and electrical appliances are subject to break down and sometimes, delayed repairs. Please report any breakdown as soon as you can. Whilst every effort will be made to repair these items as quickly as possible, no guarantee of their availability or serviceability for the duration of a stay is given. No refund or reduction in tariff will be made for non-availability of any of these items for any part of a stay.
- You are required to allow repair and or service personnel to enter the premises for the purpose of conducting any repair or service deemed necessary by the agent. Such times of entering will be arranged prior where possible between the hours of 9.00am and 5.00pm unless in the opinion of the Agent an emergency situation could exist or arise.
- Should a tradesperson be sent out upon a guests request to carry out a repair that was unnecessary, the cost of the callout will be at the guest’s expense.
- Guests must inform our office immediately if the property is damaged or not clean, otherwise they are deemed to have accepted the property in the condition of arrival. If a property is reported as stale (dirty), Elders Real Estate reserves the right to have the property cleaned ASAP, if not within a reasonable time the guests shall have the option to relocate. If guests choose to relocate to an alternative property and the new property is of greater value per week than the old property, the extra cost will be at the guest’s expense.
TV Reception and Internet Connections/Access
- A small number of properties provide WiFi and internet access for guests. Where this is provided, guests are requested to be responsible in using it and only use it for accessing emails, social media and simple on line searches.
- There must be NO downloading of videos, books, music or other copyright material. Excessive downloads may result in a charge to the guest. • Due to the terrain of the Hervey Bay area and network coverage issues, NO guarantee can be given as to quality of mobile phone reception, television reception, smart phone internet connectivity and wifi connectivity at any property managed by Elders Real Estate.
- Please do not alter any of the settings.
- Elders Real Estate cannot accept any responsibility for loss or damage of the Guest’s personal property either during the booked period or after the Guest departure. This includes but is not limited to, loss from theft, damage due to failure of equipment, damage caused by staff and contractors, or inability to retrieve lost property items left at property.
- If items are left behind guests are encouraged to report this to our office within 24 hours of departure and we will do our best to retrieve these items. Items will only be held for 2 weeks. Guests will be required to provide suitable self-addressed pre-paid satchel to our office to facilitate return of lost property.
Building Works & Noise
- We will not always be aware of any building/road works within the vicinity of your rental property.
- All Holiday Accommodation is located in residential area and as such is going to be subject to any normal noise in a residential area. Elders Real Estate and the property owner cannot and will not be held responsible for works and any associated noises outside of their control. No discount will be negotiated for any of the above.
Weddings, Parties, After School (Schoolies or the like) Functions etc are strictly not permitted
- Properties we manage are to be used purely for holiday accommodation only as they are located in residential areas of Hervey Bay and surrounds, and as such, functions, weddings, parties or any other like gathering for more than the maximum sleeping capacity of the property is strictly prohibited.
- A charge will be incurred should any type of function or gathering be held in the property and the booking can be terminated immediately with no refund of tariff.
- Unfortunately, where damage has occurred, the additional cleaning and/or replacement costs will be charged. We do not wish to offend our holiday guests, as most guests respect the properties in which they are holidaying, however we need to advise every one of extra charges applicable in such circumstances.
- Reservations do not automatically repeat. If you wish to request the same property for the same period the following year you must make that reservation at time of your check in. Bookings may be made up to 52 weeks in advance - it is advisable to request your booking period either in person, online or by telephone as soon as you are able.
- As bookings may be made by guests and owners online we cannot guarantee future booking availability.
- Usual reservations arrangements and conditions apply including payment of the deposit to confirm the booking.
Body Corporate By-Laws
- The guest(s) and all other occupants or visitors of the property will comply with all Body Corporate by-laws and rules applicable to the property or which regulate the behaviour of occupants of the property. The guest(s) and all other occupants and visitors of the property will not create or permit any noise or other nuisance to occur or emanate from the property. Failure to comply with Body Corporate by-laws or rules or the creation or occurrence of noise or other nuisance in or from the property may result in the termination of your reservation and removal from the property. Details of applicable By Laws can be provided by the offices of Elders Real Estate.
Properties for sale
- When a booking is made, the deposit is accepted for the present owner at the time. If the property is for sale and the ownership changes before your holiday, we cannot guarantee that the property will remain available. A full refund will be provided if this is the case.
- We cannot accept responsibility for decisions made by the new owner.
- If a property is sold guests will be notified and where possible all efforts will be made to organise alternative accommodation.
- If a holiday property is listed for sale while guests are in residence, the occupier agrees to allow the owner or agent to conduct inspections with prospective buyers at mutually convenient times, by appointment.
- If Elders Real Estate believe that these Terms and Conditions have been breached Elders Real Estate may inspect the property at any time during your reservation upon demand and without notice. An afterhours callout fee may be charged to the guest for any situation requiring the attendance to the property outside of business hours. Elders Real Estate reserves the right to inspect the property at other times during your reservation upon 24 hours verbal notice. Failure to provide required access to the property may result in the termination of your reservation of the property and removal from the property.
- If your reservation of the property is terminated, Elders Real Estate and/or the Owner of the property is authorised to carry out removal via any methods necessary at the guests cost. If your reservation of the property is terminated and you are removed from the property the total tariff paid for your reservation will be forfeited to the Owner of the property. There will be no refund of tariff.
- Elders Real Estate participate in the Bad Books register. By accepting this booking and our Terms and Conditions, you hereby agree that if you or any occupant covered by this booking, including any guests, breach our Terms and Conditions then your Name, Phone Number and Email address along with details of the breach/breaches may be disclosed to the property landlord and/or other agents participating in the Bad Books register. Elders Real Estate reserve the right to cancel a booking or reject a booking where a guest is registered in Bad Books.
- Your right to occupy the property is by way of License from the Owner and is not a residential tenancy. You are not entitled to sub-license. The names and addresses of all occupants must be provided prior to occupation as previously provided in this agreement. If you breach any term or condition of this License agreement then at the discretion of the Managing Agent your tenancy may immediately be terminated by oral notice or notice in writing (either at the discretion of the Managing Agent). If the license is terminated, the provisions under the heading Termination shall apply in addition to any other relevant terms or conditions.
- Elders Real Estate reserves the right to alter, cancel or change any of these Terms and Conditions as a result of changes in the holiday market, changes in Legislation, the requirements of Property owners, or a Body Corporate at any time without notice.
- These Terms and Conditions have precedence over any other communication, written or otherwise
- The applicable laws governing this agreement shall be the laws of the State of Queensland and Australia and in relation to any dispute the parties agree to submit to the exclusive jurisdiction of any competent court in the State of Queensland.
To the extent permitted by law:
- The Guest releases and forever discharges the Agent and the Owner, including their heirs, assigns, beneficiaries, employees, contractors and agents from any and all claims, demands, liabilities obligations, causes of action, loss, damage or injury whatsoever whether to property or person arising out of or in connection with this agreement and the Guest’s use and occupancy of the Premises.
- The Guest also assumes all liability for and will hold the Agent and the Owner harmless from and against any and all claims, demands, liabilities, obligations, causes of action, loss, damage or injury whatsoever whether to property or person claimed by any licensee, invitee, employee, contractor or agent of the Guest upon the Premises during the Guests’ occupancy.
Elders Real Estate reserve the right to further charge the credit card in relation to the following:
- Outstanding rental monies
- Excess Cleaning/and or putting away of crockery, cutlery pots, pans etc.
- Removal of garbage, boxes, bottles etc.
- Damages/ breakages to the property (at cost)
- Cleaning fee for unclean BBQs
- After hours key lock out $50.00
- Replacement of lost keys, remote controls (at cost)
- Theft of property @ cost
- Any other incidental charges that may be incurred as per our Terms and Conditions which shall be deemed to form part of this agreement