Gillespie Engineering Pty Ltd
ABN: 48 166 375 013

Address: 352 Bangalow Road Byron Bay
Postcode: 2481 New South Wales
Region: North Coast NSW Australia
Contact: Caryn Gillespie 0417 287 607

Gillespie Engineering Pty Ltd CONDITIONS OF LETTING

Interpretation: ¨We, Us, Our, Agent – means Gillespie Engineering Pty Ltd its servants and agents.  Tenant, 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. To Make A Booking:¨ A provisional booking may be made through our website www.solarisbyronbay.com.au or by phoning David Gillespie on 0438 854099 or email to stay@solarisbyronbay.com.au. Provisional bookings/Booking requests are held for 24 hours only pending receipt of the Deposit.  The minimum stay is 3 nights.  Weekly bookings are required during New South Wales, Queensland and Victoria School Holidays, Easter and Christmas holidays (December and January).

2. Deposit: ¨A Rent Deposit equivalent to 50% of the total rental for the booking is required within 3 days.  This deposit secures the booking and may be paid via direct deposit. Non payment of the 50% deposit will be deemed a cancellation of the booking.

3. Holiday Rent: Total rent must be paid 30 days prior to arrival. For Christmas, Easter, and festival season periods, the booking total rent must be paid 60 days before arrival. Non payment of the balance of deposit will be deemed a cancellation of the booking. Access details and keys will not be provided until the security bond & full rental costs for the booking have been paid. Bookings made within the 30 and 60 days prior to arrival, require full payment on booking.

4. Security Bond:  Bond is required for all bookings. The Security Bond amount is $500 and is required with the Deposit. The security bond is refunded to you within 7 working days following an inspection and subject to the further conditions in this agreement, provided the premises are left in the same condition as at the start of the booking.

5. Cancellations:  Changes and Alterations to booking dates or property booked:¨If a booking is cancelled 3 months or more prior to the commencement date, full refund applies less $220 (administration fee and booking fee). If a booking is cancelled less than 3 months prior to the commencement date, a refund is subject to a confirmed re-booking of the premises.  If a re-booking of the same premises is made by another party then the Deposit plus Security Bond less $220 (administration fee and booking fee) will be refunded.  If a re-booking by another party does not occur, a refund of all monies will not be made. Changes and alterations to any booking can only be made 3 months or more prior to the commencement date. Any changes or alterations made less than 3 months prior to the commencement date attracts the same conditions as a cancellation. Changes, Alterations and Cancellations must be made in writing by the person who made the reservation.
If for whatever reason you are not satisfied or choose to depart prior to your departure date, we do not refund rental costs either in full or part thereof. No provision can or will be made for relocation if accommodation is deemed unsatisfactory on arrival other than on the basis that the full rental due be forfeited and full rental on new premises is paid prior to occupancy.  Guests cannot be relocated.  We are careful not to misrepresent any rental property. Changes or alterations to any booking attract the same conditions as a Cancellation.

5.a) Tariffs Changes: Tariffs are subject to change without notice.

6.  Arrival and Departure: ¨Holiday premises are available from 2pm on the day of arrival and are to be vacated no later than 9:30am on the day of departure. ¨Please be aware that if you do not check out by 9.30am a late checkout fee of $150 or more will be deducted from your bond unless agreed in advance with the agent. Subject to availability, a late check out may be arranged on arrival only through our office. The charge of $50 is up to 2.00pm. Late check out after 2.00pm is an additional night’s tariff. Byron Coastal Real Estate is unable to provide luggage storage. Luggage can be left at Byron Bay Visitor Centre.

7. Keys: may be collected from the office of Byron Coastal Real Estate at 1/ 27 Byron Street Byron Bay. Opening hours are Monday to Friday 9:00am to 5:00pm.  By prior arrangement and provided rent has been paid in full, keys may be collected after hours from the Key Box outside Byron Coastal Real Estate. A key code will be supplied on request for the booked apartment. Keys should be returned to the agent immediately upon departure.  Keys must be returned after hours through the slot in the office front door. All guests must ensure the property is secured properly on departure of the premise.

8. Animals:  Pets are not allowed in or on holiday premises and grounds.

9.  Number of Persons:  The number of guests must not exceed number specified in the booking and failure to adhere to this will mean a charge of $100 per person per night and / or immediate cancellation of the booking with no refund. This will be deducted from the security bond.

10. Usage of Property: The property is to be used for holiday accommodation only. It is not to be used to hold a party, group gathering, wedding ceremony, wedding reception, or any other function including business or commercial use, unless agreed with the owner in advance, in writing. Neither the whole nor any part of the property shall be sub-let without permission.

11. Description of Property:¨ The description of the property is on the Internet. This description is given in good faith by us. We are careful not to misrepresent a property. Gillespie Engineering Pty Ltd will not be held responsible for changes to and or items removed from the property after the time of your booking.  No refund is given if you are not satisfied with your accommodation. If for whatever reason you choose to depart prior to your departure date, we do not refund rental costs either in full or part thereof.  unds, outside of our control, such as weather, erosion, council work and neighbouring renovations will not affect the quoted tariff. We will advise you of these changes prior to your stay where foreseen.  We expressly exclude any liability whatsoever for any misrepresentation, or misleading conduct or statements, howsoever caused, and whether negligent or otherwise.

12. Damages and Extra Cleaning: ¨The premises and grounds are to be left in a clean and tidy condition. The property must be left secure with all doors and windows locked. (Please ensure all dishes, glasses, pots and pans etc. are washed and put back into cupboards, dishwasher emptied, all rubbish to be removed from property and placed in appropriate rubbish bins) Failure to do so will incur a charge for extra cleaning which will be deducted from your security bond.  Extra cleaning will be charged and calculated on the number of hours required over the and above the normal cleans.  All damages, breakages or losses to the property, furniture and furnishings are to be reported to the agent immediately and paid for by the tenant before the end of the tenancy. Should the tenant discover a breakage or default please advise the agent immediately other wise we will consider this to be a responsibility of the current tenant and you will be charged accordingly.  Furniture and furnishings are not to be re-arranged and must be in original position on departure. If washing up, tidying, re-arranging furniture and removal of rubbish has not been done, fees for extra cleaning will apply.  Should the amount of loss or damage exceed the amount of the security bond, we reserve the right to claim the full costs of reparation from you.  Nothing in this agreement is to be taken to limit our rights to make this claim.

13. Garbage:  All garbage is to be placed in outside bins provided. Removal costs and tip fees will be deducted from security bond if excess rubbish has been left by the tenant. It is the duty of the tenant to put the garbage in (red) or re-cycle (yellow) bins provided.

14. Bookings 12 months in Advance:  Tenants may choose to re-book 12 months in advance.  This must be done before vacating.  The Rental Deposit is due as usual within 3 days.  Full rent payment is due 30 days prior to commencement of booking or 60 days prior for Christmas bookings.  Please also note 15 & 16 of these terms and conditions.

15. Noise:  Noise is a serious issue in Byron Bay. No noise or unacceptable behaviour to neighbours will be tolerated at any time. Noise means any sound that can be heard from neighbouring properties that disturbs their peace and quiet. All music must be turned off by 10pm and care taken when you are outside.  Disregard to this will result in heavy fines imposed by Byron Shire Council and the Holiday Letting Organisation. If Security personnel or the Police are called to a noise complaint a charge of $165 will be payable and you will be evicted immediately. If a booking is terminated in accordance with the provisions of this clause, no refund of rent or security deposit will be given, and you agree that any such rent or bond withheld is genuine compensation for loss occasioned by you.

16. Breaches:  Any breach of this agreement by you permits us to refuse the key, amend the rent of the premises or immediately terminate the tenancy at our sole discretion. If Gillespie Engineering Pty Ltd believes that you are in breach of these conditions of letting, we may inspect the property at any time without notice.

17. Sale:  In the event the property is offered for sale, the tenant agrees to allow the owner or the agent to inspect the property with prospective purchasers, provided that reasonable notice of an appointment is given.

18. Keys/and remotes:  A call out fee of $120.00 applies for misplaced keys or after hour callout being outside the hours of 9am to 5pm. ¨If any restricted master keys are lost or misplaced, ALL locks for that property must be changed by a  Locksmiths at a cost [in the vicinity of $150 to $800] to the holiday guest. All guests are to maintain the security of the property at all times.

19. Repairs to Appliance:  During your stay, the agent endeavours to have repairs to appliances attended to as soon as possible after being reported. However due to circumstances beyond our control [e.g. having to order parts or non-availability of trade’s people] immediate repair may not be possible. No responsibility is accepted by the agent or owner in such circumstances. There will be no refunds or discounts deducted from tariffs for unusable appliances awaiting repair. If repairs cannot be attended to promptly, we will use our best endeavours to supply a substitute appliance if possible.

20.  Inspection during your stay: During your stay, the owner or a staff member from Byron Coastal Real Estate may require access to the property to carry out an inspection for maintenance. We will give prior notice and arrange a suitable time with you.

21.  Self Contained Holiday Accommodation: This includes bed linen (bed sheets, pillowslips, tea towel) and bath towels only. Please note that this property is fully self contained, however it is not a serviced property. Servicing can be arranged during your stay at an extra charge.  Beach towels are not provided. For additional items during your stay you may phone Byron Bay Holiday Hire 02 6685 6247 (extra linen, beach towels, cots, highchairs).

22. Respect and preserve the residential amenity of the property. Refrain from engaging in any drunken, obscene or antisocial behaviour.

23. All holiday accommodation is NON SMOKING INDOORS.

24. Extending your stay: You are required to contact us and pay upfront if you wish to extend your stay before it is accepted.

25. Insurance:  No responsibility is taken for guests personal property left on the premise. Landlords insurance does not cover loss/ and or damage to guests belongings.

26. Callout: If we are called out (for example a noise complaint) a $150 callout fee will be incurred by the tenant which is payable before the end of the tenancy.

27. Cleaning on arrival:  If on arrival your property has not been cleaned, Please contact us immediately so we can instruct the cleaners to attend as soon as possible. We will not be held responsible for any delays by cleaning staff throughout busy holiday seasons.