Terms and Conditions

Gillespie Engineering Pty Ltd (Solaris Family Trust) ABN 48166375013 including Lutibo Pty Ltd and Lutibo Pty Ltd Superannuation Fund Conditions of Licence to Occupy

Interpretation:

We, Us, Our, Agent - means Gillespie Engineering Pty Ltd (Solaris Family Trust),  including Lutibo Pty Ltd and Lutibo Pty Ltd Superannuation Fund 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 0417 287 607. 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. We do reserve the right to cancel any online booking at any  time.

2.Deposit: To secure a reservation, a 50% deposit of  the total tariff is required, within 24 hours of  making a booking. Should your deposit not be paid by this time, the booking  will automatically be cancelled. Non payment of the full 50% deposit  will be deemed a cancellation of the booking. This deposit secures the  booking and may be paid by bank transfer.

3.Security Bond: Bond is required for all bookings. A  Security Bond amount varies from $500 -$5000 depending on the property.  The security bond amount is to be paid thirty (30) days prior to  arrival. The security bond is refunded to you within 14 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. 

4.Holiday Rent: Total rent must be paid 30 days  prior to 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 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.

5.Tariffs Changes: Tariffs are subject to change  without notice, this includes property upgrade, renovation, festival  events, instructions from the owner, or genuinely misquoted  accommodation tariffs.

6. 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 14 & 15 of these  terms and conditions

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

8.Items left at property: If any items are left at the  property after your stay there will be a $50 fee for packaging and staff  time. All items will be mailed back to you COD.

9.Additional Terms: Some properties or bookings may have additional terms and conditions which must be abided by during your stay.

10.Cancellations ,Changes and Alterations: to  booking dates or property booked: In the event of a cancelled booking by  you outside of 60 days you will receive a full refund minus a $220  cancellation fee. Within 60 days of the booking date the full  tariff/deposit is non–refundable. This includes changing your booking to  another holiday property. Changes, alterations and cancellations must  be made in writing by the person who made the reservation.

If a booking is cancelled, a refund is subject to a confirmed  re-booking of the premises for the same dates and tariff. If a  re-booking of the same premises is made by another party, and the tariff  is less that the original quoted rate, then the balance is payable by  you, plus a $220 fee. 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 attracts the same conditions  as a cancellation booking. For bookings made through the Rent a Home,  Stayz,  AirBNB, Booking.com and other booking channels not mentioned, the above cancellation clause applies as well as an additional booking  fees from 10-20% cancellation fee charged by third party sites. The  booking fee and credit card fee are not refunded under any conditions.

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 paid 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.

CHECK IN AND CHECK OUTS SCHEDULED ON CHRISTMAS DAY, BOXING DAY AND NEW YEARS DAY ARE NOT AVAILABLE. If  your booking covers both Christmas Day and New Years Eve then the  booking must be at least 12 days in length. First week of January can  only check in from 3rd January.

11.Unforseen circumstances: The  booking is made in good faith and may be subject to  change. In the event of the premises becoming  unavailable to the tenant by an owner decision then we will  inform the tenant immediately and endeavour to obtain suitable  alternative premises, failing which any monies paid will be refunded in  full to the tenant. The tenant will not hold the agent or the owner  responsible should any unforseen event occur and if no suitable  alternative premises can be found, and the agent / and owner accepts no  liability whatsoever in this regard.

12.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. The agent accepts no liability should a  property be sold and the booking cancelled. In this event all reasonable endeavours to find alternative accommodation, will be made by the  agent.

13.Inspection during your stay: During your stay, a  staff member may require access to the property to carry out an  inspection for maintenance, or for a sales inspection. We will give  prior notice and arrange a suitable time for you. If this inspection is  required it cannot be refused.

14.Arrival: 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. Keys may be collected from the office of Byron Coastal  Real Estate & Byron Bay Accom at 1/ 27 Fletcher Street Byron Bay.  Opening hours are Monday to Friday 9:00am to 5:00pm & Saturday 9am  to 2.30pm. Keys may be collected after hours from the key box outside  the office, according to the instruction email sent prior to arrival.

15.Check out and Departure: Your property must 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 $100 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 $100 is up to 2.00pm. Late check  out after 2.00pm is an additional night’s tariff. If no late checkout is  booked in advance with our office a $150 fee will occur. Keys should be  returned to the office of Byron Coastal Real Estate & Byron Bay Accom at 1/27 Fletcher Street Byron Bay immediately upon departure. Keys must be returned  after hours through the key return slot in the office front door. All  guests must ensure the property is secured properly on departure of the  premise. The office is unable to provide luggage storage. Luggage can be  left at Byron Bay Visitor Centre.

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 must be emptied, all  rubbish to be removed from property and placed in appropriate rubbish  bins) The furniture must be placed back in its original position.

16.Cleaning/ Complaint on arrival: If on arrival  your property has not been cleaned or there are other items that need  reporting, please contact Byron Coastal Real Estate 02 66 808 111 immediately so we can instruct the  cleaners to attend as soon as possible. We will not be held responsible  for any delay’s by cleaning staff throughout busy holiday seasons. If  maintenance is required, access must be granted at the first available  opportunity during your stay to rectify the issue so we have the  opportunity to resolve the problem. This may include carpet or lounge  cleaning, and access for tradespersons. Our policy is that all issues  must be addressed first by our staff. No property relocation or refund  is available.

17.Description of Property: The description of the  property is on the Internet. This description is given in good faith by  us as agents. We are careful not to misrepresent any rental property.  Gillespie Engineering Pty Ltd (Solaris Family Trust),  including Lutibo Pty Ltd and Lutibo Pty Ltd Superannuation Fund its servants and agents will not be held  responsible for changes to and or items removed from the property after  the time of your booking. The holiday property is furnished to the  individual owners taste and style and we take no responsibility for any  unmet expectations of guests, or any changes made by the owner to the  décor, furnishings and equipment in the premises.

No refund is given if you are not satisfied 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. All  accommodation is fully furnished. Guests must accept premises “as  booked” and cannot be relocated unless full tariff is paid for another  property.

Changes to the property grounds and/or surrounds, outside of our  control, such as weather, erosion, council work and neighbouring  renovations will not affect the quoted tariff. Gillespie Engineering Pty Ltd (Solaris Family Trust),  including Lutibo Pty Ltd and Lutibo Pty Ltd Superannuation Fund its servants and agents cannot accept responsibility for any disturbance,  noise, or inconvenience guests may experience. We will advise you of  these changes prior to your stay where foreseen. The Agent expressly  excludes any liability whatsoever for any misrepresentation, or  misleading conduct or statements, howsoever caused, and whether  negligent or otherwise.

18.Usage of Property: The property is to be used for  holiday accommodation only. The use of a property for a function, a  party of any other like gathering are strictly prohibited. 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. Our owners have  requested not to accept Schoolie bookings; therefore, in accordance with  our owner’s instructions we do not take any schoolies bookings at our  holiday properties unless arranged with agency, the majority of guests  must be 21. Upon making your booking you must advise in writing to our  office that the intention of your booking is for Schoolies and the total  number of guests. Should it come to our attention that a booking has  been made, other than for accommodation purposes only or that the  property is being used in a manner which is in breach of this clause, we  reserve the right to cancel the booking at any time, refuse key  collection upon arrival, evict the occupants. An additional charge will  be incurred and payable up to and including $3000 should any type of  function or gathering be held in the property as well as loss of $1000  security bond will apply. Unfortunately, where damage has occurred, the  additional cleaning and/ or replacement costs will be charged. Neither  the whole nor any part of the property shall be sub-let without  permission.

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

20.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.

21.Self Contained Holiday Accommodation and Linen:  this includes bed linen (bed sheets, pillowslips, tea towel) and bath  towels (one per person) 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.Animals: Pets are not allowed in or on holiday premises and  grounds. 

23.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.

24.Callout: If a staff member is called out (for  example a noise complaint, key issue) a $150 callout fee will be  incurred by the tenant which is payable before the end of the tenancy.  Call outs after 9.30pm will incur a $250 call fee, this amount will be  deducted from you bond.

25.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 and all funds  may be forfiet.  If Gillespie Engineering Pty Ltd (Solaris Family Trust),  including Lutibo Pty Ltd and Lutibo Pty Ltd Superannuation Fund its servants and agents  believes that you are in breach of these conditions of letting, we may  inspect the property at any time without notice.

26.Keys/and remotes: A call out fee of $150.00 or  more applies for misplaced keys or after hour callout being outside the  hours of 9am to 5pm Mon- Fri & 9am – 1pm Sat. If any restricted  master keys are lost or misplaced, ALL locks for that property must be  changed by 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.
All keys must be returned to Byron Coastal Real Estate & Byron Bay Accom at 1/27 Fletcher Street Byron Bay upon your departure, any keys  left at the property and not returned to our office will cause a $50  charge if a staff member is required to retrieve these.

27.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.

Internet - Some properties provide wireless internet for guests for  the purpose of email, perusing social media, and web browsing. It is not  provided for video streaming or downloading e.g. movies/shows.  Usage  is not unlimited, excess usage may be charged and deducted from bond.   We are in no way liable for compensation should a disruption or failure  of service occur.  We will endeavour to get the service reinstated  however this may not be immediate. 

28.Damages and Extra Cleaning: The premises and  grounds are to be left in a clean and tidy condition. 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. If BBQ is  provided, must be cleaned thoroughly on departure or a cleaning fee of  $55.00 will apply.

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.

29.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.

30.All holiday accommodation is NON SMOKING INDOORS.

31.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.

32.Note: Gillespie Engineering Pty Ltd (Solaris Family Trust),  including Lutibo Pty Ltd and Lutibo Pty Ltd Superannuation Fund its servants and agents reserves the right to alter, cancel or change any of these Terms  and Conditions as a result to changes in the holiday market, changes in  Legislation, or the requirements of property owners, and Body corporate  at any time without notice.

Breaches of these conditions may result in the forfeiture of your  SECURITY BOND, refusal of key and/eviction at the discretion of the  management. If you are evicted prior to your departure date the balance  of your accommodation is NOT SUBJECT TO REFUND

SCHOOLIES BOOKING CONDITIONS
Standard Booking Conditions apply. In addition these conditions apply.

We are pleased to provide an environment for our youth to celebrate  their end of school time. Clear guidelines are needed to make things run  smoothly. We would like your holiday in Byron Bay to be an enjoyable  experience for you and everyone else concerned. Please read these  conditions carefully.

By proceeding to make a booking you acknowledge that all members of  your group have read and accepted the schoolies terms and conditions and  will abide by them and one nominated group leader will be responsible  for the reservation.

PAYMENTS AND CANCELLATIONS

50% Deposit is to be paid at the time of the booking.
Your Deposit is NON-REFUNDABLE UNDER ALL CIRCUMSTANCES.   We strongly  advise that you take out travel insurance in the event that you have to  cancel your booking.
The dollar value of a booking can not be reduced as this is classed as a  cancellation and monies are non refundable.  Any administration changes  to your booking will incur a $100 fee.
The BALANCE of your accommodation is payable by the 1st October year of  arrival.  SECURITY BOND is payable 30 days prior to arrival. If these  funds are not paid by the due date your booking will be cancelled and NO  MONIES will be refunded.
CONDITIONS OF THE PROPERTY

Number of guests booked is the maximum allowed on the property and  will be strictly enforced.
The property is to be fully secured when unattended
Upon vacation: all rubbish is to be placed in the bins provided, dishes  washed and put away, furniture in original position, excess dirt swept,  rubbish removed from gardens, BBQ cleaned. 
Strata Title Laws must be observed.
VISITORS: No visitors allowed. The SECURITY GUARD has the right to enter the property if necessary.
No Parties
NOISE: No excess noise from Stereos, TV’s, DVD’s or other electronic  equipment, loud voices etc. is to be made at anytime. For the comfort of  other guests and neighbours, minimal noise only to be audible outside  of the property at any time. Additionally if the police or security are  called or your group is warned for noise more than once your bond may be  forfeited and you will be evicted.
All damages, breakages or losses to the property furniture or  furnishings will be paid for by the guest. Loss of keys will attract a  $50 fee.
Absolutely NO SMOKING inside the property. Charges for cleaning due to smoking in the property will be deducted from your bond.
A SECURITY GUARD will be observing your accommodation during your stay.  This is not just to keep an eye on noise levels etc but for YOUR  SECURITY and we would encourage you to speak to the guard if you feel it  necessary.  If the security guard reports  intolerable behaviour from any member of your group, this may result in  eviction without refund. 
Breaches of these conditions may result in the forfeiture of your  SECURITY BOND, refusal of key and/eviction at the discretion of the  management. If you are evicted prior to your departure date the balance  of your accommodation is NOT SUBJECT TO REFUND.