Terms & Conditions

Holiday Accommodation Booking Terms & Conditions

HOLIDAY ACCOMMODATION BOOKING TERMS & CONDITIONS

Please ensure you have valid Travel Insurance to cover any unforeseen emergencies.

Please take a few moments to read the following LJ Hooker Kingscliff conditions of letting.

Interpretation:

We, Us, Our, Agent – means LJ Hooker Kingscliff, it’s servants and agents.  Tenant, Guest, You – means the lessee of the defined holiday premises.  By booking a holiday rental property with us and paying the rental deposit, you agree that you will be bound by, and personally responsible for performance of your obligations under these conditions of letting.

1. Tariffs
a) A provisional booking may be made through our website www.tweedcoastholidays.com.au or by email or phone to our office LJ Hooker Kingscliff.  Bookings are not held, secure or confirmed until full deposit payment (50% of total) is received. Payment is due at the time of booking and bookings with unpaid or partially paid deposits can be cancelled.
b) A deposit of 50% of the total cost of your booking is required upon reservation to ensure that your booking is confirmed. When booking within 30 days of booking commencement date, full payment is required. Your card will be charged at the time of booking.
c) Full payment of booking is required at least 30 days prior to commencement date – payments can be paid by EFTPOS, bank transfer or credit card, incurring a 1.5% Credit Card Surcharge. (VISA or MASTERCARD ONLY).d) If for any reason your payments are not received by the due dates, LJ Hooker Kingscliff reserves the right to cancel your booking and apply appropriate cancellation charges (see clause 4 cancellation conditions).
e) If you are making payment via direct transfer your deposit must be received on or before the due date otherwise your stored credit card details will be charged on the due date. If a duplicate payment is made due to late bank transfer payment the guest will not be eligible for a refund of the credit card surcharge. All card fees attract a 1.5% surcharge.
f) Keys will not be given out unless full payment has been made.
g) Tariffs quoted are correct at time of quoting and are subject to change without notice.
h) In the case of refurbishment of holiday properties, rental rates may be subject to increase at any time. Should this occur, you will be notified and given the opportunity to pay the difference in tariff or receive a full refund of monies paid. We will offer you alternative accommodation if possible. If Guests choose to relocate to an alternative property, if the new property is of greater value than the original property booked, the extra cost will be at the Guest’s expense.

2. Security Deposit and Damage
a)
 You become responsible for any and 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. Guest/s are responsible to advise LJ Hooker Kingscliff immediately if damage is found upon arrival.
b) You may pay a security deposit of $1000 that will be retained until our team has completed their inspection of the property after you vacate. Should the property be found to have damage, missing items or be excessively dirty, the cost to repair or replacement of property and/or additional cleaning cost will be deducted from your deposit. The remainder of your deposit will be refunded to your nominated bank account within 14 days. You remain responsible for, and will be charged for, the cost of any damage, repair or replacement in excess of the security deposit.
c) Specific homes may require you to pay the security deposit, if you are a long stay guest (30 days or longer) or at the agent’s discretion, the amount of the deposit may be increased.
d) Credit card details are required prior to arrival as a condition of securing your booking. We reserve the right to draw upon your card without notice to recover the cost of any damage or additional cleaning.
e) To avoid erroneous blame, you are required to immediately notify our team in writing if anything is amiss when you arrive at your holiday accommodation. If any damage by guests has occurred, even by accident you are required to notify our team in writing immediately.
f) Payment of the security deposit is usually via credit card pre-authorisation processed by LJ Hooker Kingscliff staff. Alternatively, the security deposit payment may be made by direct deposit into our trust account in advance, or by credit card payment processed by LJ Hooker Kingscliff (non refundable credit card surcharge may apply).

3.     Guest Responsibilities
a) Guests may only park vehicles in the designated areas.
b) The property must not be used for unlawful purposes.
c) Guests must comply with the by-laws, rules, and regulations of the Body Corporate property (if applicable) and any reasonable direction of the operator. The booking will be terminated if any guest fails to comply after receiving a warning.
d) All guests must conduct themselves in a proper manner so as not to cause a nuisance, including excess noise, or interfere with the use or enjoyment of the property for other occupiers or neighbouring properties. Unruly, loud, or offensive behaviour will not be tolerated. If complaints are received this may result in on the spot termination of the booking and loss of unused balance of accommodation. A penalty fee of up to $1000 will also apply.
e) Parties and Functions are strictly prohibited. Immediate termination of the booking without refund may result. A penalty fee of up to $1000 will also apply. LJ Hooker Kingscliff has a NO PARTY POLICY.
f) It is the guest’s responsibility to maintain the cleanliness of the property during the period of stay.
g) Smoking on any holiday premise is prohibited. Guests must discard cigarette butts into the rubbish bins. Cigarette butts discarded into garden beds will incur an additional charge for cleaning.
h) Children must not jump on beds. Damage resulting from children jumping on beds will be at the cost of the guest.
i) 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,off the lights & all appliances including air conditioning. Guests are required to secure the premises upon departure by locking doors and windows.
j) The cost of a standard clean is included in the booking total. LJ Hooker Kingscliff reserves the right to recover any costs above the standard clean from guests within 30 days of departure.
k) Tweed Shire Council have imposed a 3-bin rubbish system in houses and duplexes throughout the shire.  The three bins are Green – Organic Waste Only, Yellow – Recycling & Red – General Waste.  Please ensure you use the bins correctly. Collection occurs weekly for Organic waste (Green bins) & alternate fortnightly for Recycling (yellow topped bins) & General Waste (red lid bin). Please place bins on the kerb the evening before, face out for collection. Additional services can be arranged through our staff at cost. Please note: Fees may apply for bin rubbish removal and bin cleaning if the 3 Bin system is not followed correctly. Visit the council site for more information and your collection day calendar https://m.tweed.nsw.gov.au/tscWasteCollection.aspx?css=tsc
l) 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.
m) All guests are responsible for keeping the property secure during their stay and will be responsible for any theft or damage due to neglect.
n) 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.
o) Should any native animals (frogs, snakes, possums etc) cause concern in the property, please notify our holiday rental staff.
p) If keys and/or remotes are lost, the locks may need to be changed or the keys replaced at the guest’s expense.
q) Should a guest lock themselves out of the property a $50 call out fee is applicable and will be automatically charged. Should a guest lock themselves out of a property past 9pm, on a public holiday or a Sunday, a locksmith will be called to attend. The guest holds all responsibility to pay the call out fee which will be charged to the guest.
r) No more than the registered number of guests are 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 with no refund made.
s) Strictly no tents or caravans are permitted on the property.
t) Any areas designated as private by the owners are strictly out of bounds.
u) A description of the property and its inclusions is as accurate as possible. Without prior inspection, no guarantee can be given that a property will satisfy guest’s expectations.
w) All guests are to provide their contact information including but limited to: email address, mobile phone and address.
x) By proceeding with a booking, guests agree to complete all elements of the online check-in (including but not limited to other guest contact information, credit card upload, drivers licence upload and signing of the guest agreement) which is a condition of booking. Guests who do not complete the online check in may be subject to cancellation with penalty. Bookings without a valid online check in complete prior to arrival will not be given keys until this is completed.
y) All guests must post a truthful and unbiased review; if a review has been posted and is proven to be biased or false, this review will be removed entirely from all platforms. 

4.     Cancellations
a)
 Bookings cancelled at least 60 days before the start of stay will receive a full refund of monies paid, less a $100.00 service fee. Bookings cancelled at least 30 days before the start of stay will receive a refund of any monies paid that exceed 50% of booking total, less $100.00 service fee. If the guest has not paid more than the 50% deposit, no refund will be made. Bookings cancelled less than 30 days prior to arrival will receive no refund. Note any credit card charges are non-refundable.b) No refund is made on the unused portion of rent, if guests vacate the property prior to their departure date.
c) In the event of advance bookings being cancelled by the owner and/or agent, a full refund will apply.
d) Due consideration will be given, in consultation with the owner, to any cancellation at any time occasioned by exceptional circumstances.
e) 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.
f) 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.
g) Strictly no Schoolies bookings are permitted and we reserve the right to cancel any such booking or enquiry.
h) Date change requests are subject to availability and are at the discretion of the agent and/or owner.

5. COVID-19 CANCELLATION POLICY
a) The guest acknowledges that each property is individually owned and therefore will have differing policies regarding COVID-19 related cancellations.
b) By proceeding with a booking the guest acknowledges that they have enquired about and are satisfied with the COVID-19 cancellation policy related to the property they have booked.
c) By making a booking after the commencement of COVID-19 the guest accepts the risk of booking cancellations or adjustments of any nature due to government restrictions on travel. Due to the everchanging nature of COVID-19 the guest acknowledges they may lose booking monies due to instant lockdowns and travel restrictions.
d) Guests who are not restricted by a lockdown or quarantine upon return order will not be granted any refund, date reschedule or credit should they choose to not arrive at their booking due to a non-enforceable recommendation or personal choice to not travel.
e) All refund or credit decisions are at the sole discretion of each individual property owner.
f) Should you be issued a credit of your cancelled booking, your credit must be used within 12 months of you cancellation date at the same property and is subject to availability and season tariffs/night minimums.
g) Proof of COVID-19 testing/quarantine order and proof of address of all guests may be required in the event of a request for refund, date reschedule or credit due to a COVID-19 cancellation.
h) By confirming your booking, the guest acknowledges their responsibility to check and comply with Covid-19 government instated travel requirements i.e. PCR testing to return to home state. Failing to research travel requirements for your booking may result in loss of monies paid if cancellation or date change is requested. It is at the owner’s discretion whether a credit, no refund, partial refund, or refund less $150 cancellation fee is offered. For bookings made from 07/12/2021.

6.     Arrival / Departure Times
a) 
Arrival time is from 2pm on the day of arrival and departure time is strictly 10am on the date of departure. Extended stays may be permitted, if available, and prior arrangement has been made. A fee may apply for late departures if no prior arrangements are made.
b) On departure the keys must be returned to our office. Lost or damaged keys will be charged. For after hour departures, a key slot is located in the front glass door of the office. Should keys be left in the property on guest departure where an agent has to collect the keys, an additional charge of $50.00 will be taken from the guest security deposit or charged to the card on file.
c) Keys are to be collected from our office on arrival. Our office is open Monday to Friday 9am-5pm, Saturday 9am-3pm and operates on New South Wales Eastern Standard Time. LJ Hooker Kingscliff is located at Shop 4/106 Marine Parade, Kingscliff, NSW, 2487.
d) If you intend to arrive after hours, please call our office prior to your arrival to make alternative arrangements. For after-hours arrivals, we have a key safe located at our office. No arrivals after 9pm.
e) Due to the cleaning set up of some properties an earlier checkout and later check in time will apply.

7.     Linen
a) 
All properties are fully self-contained. Linen (sheets, pillowcases, bath mats, hand towels, bath/beach towels & tea towels) is not included unless otherwise stated in the advertised description. Pillows, mattress protectors and blankets/doonas are supplied.
b) Additional cleaning services and linen hire can be arranged by the guest.
c) Linen must be used on all beds.
d) An extra charge will be incurred if linen is damaged or stained.
e) Please leave all linen on the beds on departure. If bed linen is found to be stripped, an extra charge may apply

8.     Pets
a)
 Pets are not permitted on the premise unless the property is designated ‘Pet friendly’.
b) 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 will be charged to the guest.
c) If pets, which have been approved, are found inside the premise, the booking will be terminated and the guests will be asked to vacate with no refund made.
d) If pets, which are unapproved, are found on the premises, the booking will be terminated and guests will be asked to vacate with no refund made.
e) Any pest control or steam cleaning required as a result of a pet inside and/or on the premise will be charged to the guest.

9.     Faults/ Problems
a)
 All holiday properties under LJ Hooker Kingscliff management are privately owned and are rented on a fully self-contained basis. In the event of faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner or LJ Hooker Kingscliff to compensate or discount.
b) LJ Hooker Kingscliff will accept no responsibility for any inconvenience with machinery breakdown. The agent’s best endeavours to repair, replace or hire an alternative will be undertaken.
c) If a situation arises which we have no control, LJ Hooker Kingscliff reserves the right to move guests to alternative accommodation subject to availability at their discretion or at the direct instruction of the property owner. If this is the case, we will notify all guests as soon as possible and make every reasonable effort to make sure that they are satisfied with their new address.
d) 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.
e) 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 unclean, LJ Hooker Kingscliff reserves the right to have the property cleaned ASAP.
f) Lost Property – if requested we will endeavour to recover and return items inadvertently left in a holiday property, but we take no responsibility for the recovery or return of these items. The guest will be notified and have 14 days from advice of the lost property to claim. If the item/s are not claimed in this 14-day notice period, the item/s will be disposed of. Guests may collect from the office in this period or request postage at cost plus $5 admin fee and any applicable credit card charges (payment only accepted via credit card).
g) LJ Hooker Kingscliff may inspect the property with reasonable notice and at any time without notice if there is any belief that there has been a breach of these conditions herein.
h) If the occupancy ends, guests must immediately vacate the property. LJ Hooker Kingscliff is authorised to perform any action required to enforce the eviction of any guest and removal of guest’s property.
i) 
From time to time unexpected or scheduled body corporate or residential maintenance will be required during a guest stay. As much notice as possible will be given however we reserve the right to proceed with the repair during a guest stay without notice.
j) If the property is reported unclean on arrival or any other faults or problems, LJ Hooker Kingscliff reserves the right to rectify these issues prior to any decision being made.
k) The guest revokes any right to compensation or discount if issues are reported after-the-fact or post departure. LJ Hooker Kingscliff must be given the opportunity to rectify the issue or relocate guests (at Agents discretion) in the event of a problem.
l) The LJ Hooker Kingscliff Emergency Phone is available for genuine emergencies only. Unanswered calls will be returned only in cases where adequate information has been provided by the guest via voicemail or text, and when the call is a true emergency. The guest may not make complaint or seek compensation for unreturned calls that are not of an urgent nature. We appreciate your understanding and patience as calls will be returned as soon as possible. Please note our emergency after-hours line is not operated in a call centre and our on-call staff will respond as soon as they are able to.
m) While efforts are taken to ensure you have internet services (only at properties advertised as such), LJ Hooker Kingscliff takes no responsibility for service drop out, slow speed, inconsistent connections or other internet service mishaps that may occur. The guest may make no claims for compensation or alternative internet service to LJ Hooker Kingscliff if the guest deems the internet service inadequate during their stay. In the instance of such internet service issues, the guest accepts responsibility to provide their own back up internet if required for entertainment, personal devices or work purposes during their stay.

10.   Properties for sale
a)
 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.
b) We cannot accept responsibility for decisions made by the new owner.
c) If a property is sold guests will be notified, where possible, allowing suitable time to organise alternative accommodation.
d) 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.

11.   Excessive Noise Policy
a) Tenants 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.
b) 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.  A penalty fee of up to $1000 will also apply.
c) If the agent requires the assistance of a Security Company, the guest will be charged $200 for their assistance.

12.   Accuracy
a)
 LJ Hooker Kingscliff has endeavoured to maintain the accuracy of the content with their websites. However, from time-to-time aspects of the content may be out of date. Certain information is provided by others including, owners, and for that we accept no responsibility for its accuracy.
b) LJ Hooker Kingscliff acts as the letting agent on behalf of the owners and in accordance with the owner’s instructions. LJ Hooker Kingscliff reserves the right to take appropriate remedial action and/or seek compensation for any serious breach of these conditions of letting.

13. Booking Agents
Whilst our office may use the services of Booking Agents, the Terms & Conditions contained in the document are relevant & as such apply to your booking & stay at the respective property you have booked.

14. Disclaimer
We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and LJ Hooker Kingscliff’s rights and obligations to each other.

Please refer to the link below of the NSW Code of Conduct for Short term holiday letting:

https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf

By continuing to access and or use our Terms & Conditions after such revisions are implemented you agree to be bound by the revised Terms & Conditions.

By creating a booking, the guest accepts these Terms & Conditions in their entirety.

Terms and Conditions correct as at 28/08/2023