Ella's Estuary Retreat

Bach Stay Holiday Home Rental Terms and Conditions

This agreement outlines the terms and conditions, which you agree will apply to your holiday home rental through Bach Stay Limited (BSL).  You understand that, whilst your rental agreement is with BSL, you are renting a holiday home, which is owned by a private individual, trust, partnership, family or company and that BSL acts as an agent on behalf of the owner to facilitate the rental process.  By making a booking with BSL you agree that you have read the terms and conditions herein and you agree to be bound by them in all aspects relating to your rental of any holiday home through BSL.

1. Definitions:

i. ‘You’ or ‘Renter’ refers to the person making the booking and renting the holiday home and whose name is shown on the booking summary and any other members of the renter’s group or any person visiting the property during the rental period;
ii. ‘BSL’, ‘Us’ or ‘We’ refers to Bach Stay Limited, the booking agency who facilitates the rental of home owners’ holiday homes to private individuals for recreation and holiday purposes;
iii. ‘Booking’ or ‘Rental’ refer to the occupancy of one of the holiday homes managed by BSL by you for the period of time outlined in your booking summary;
iv. ‘Owner’ refers to the person, people, family, trust or company who own the holiday home that you are renting;
v. ‘Property’ or ‘Holiday Home’, refer to the property which is being rented and includes all buildings, land, fixtures, fittings, chattels, equipment and contents at the address of the property.

2. Charges and Fees:

i. You agree to pay all charges listed on the booking statement including, but not limited to rental, cleaning, booking fee, linen hire and other service hire;
ii. Your booking is not confirmed until your credit card has been charged a 30% deposit or until 30% deposit has been received by BSL via bank transfer. 
iii. You authorise BSL to deduct the remaining 70% of your booking costs from your credit card 14 days prior to your arrival.  If you are paying by bank transfer, final payment is due 14 days prior to the commencement of the booking;

iv. You agree to pay all additional charges incurred during the rental including, but not limited to rubbish removal, additional cleaning charges, early checkin/late checkout fees, costs to rectify any damage to the property and additional guest charges.  BSL will provide you with an itemised account of any additional charges before charging your credit card;

v. Where you are paying for your booking with credit card, you authorise BSL to deduct all additional charges relating to your booking from the same credit card used to make the booking up to 14 days after the last day of your booking;

vi. When paying by direct credit and a bond has been paid, you authorise BSL to deduct any additional charges incurred as a result of your rental from your booking from the bond.  Where the bond is insufficient to cover any additional costs, BSL will issue you an invoice for the difference and you agree to pay this invoice, in full, within 7 days of the invoice date;

vii. Where you fail to pay any charges whatsoever relating to your booking, or your credit card is declined, BSL will appoint a debt collector to pursue all costs outstanding;

viii. Cheques will not be accepted by BSL;

3. Bond and Credit Cards

i. LBSL will charge a bond of $250 - $1,000 per booking on any booking which is not paid for by credit card;

ii. BSL will refund any bond, minus any additional charges due, within 14 days of the final date of the rental period ending;

iii. If there are additional charges due and the bond is insufficient to cover these costs, the renter will be liable to pay the difference and the bond will not be refunded;

iv. A bond will not be charged when the booking is paid for by credit card.  The renter agrees that when the booking is paid by credit card, BSL is authorised to charge any additional charges to the credit card used to pay for the booking within 14 days of the end of the rental;

v. Where a credit card is used to pay for a booking, the renter warrants that they have full authorisation to use the credit card.  BSL accept no liability to any third party for any charges we make to their card with your instruction.

4. Booking Acceptance

i. All booking requests will be accepted or declined at BSL’s discretion according to the information provided by the renter;

ii. A booking request only becomes a confirmed booking once BSL have received the deposit;

iii. If you do not pay your deposit within 24 hours, BSL reserves the right to cancel the booking request and rent the property to another party;

iv. BSL is not required to accept a booking request if we are not satisfied that you or any member of your group is not an appropriate person to be accommodated at the house you have requested.

Cancellation

i. The deposit payment is non-refundable. 

ii. Where the renter cancels the booking more than 30 days prior to the commencement of the booking, BSL will refund the deposit (minus an administration fee of $100) provided we are able to re-let the property for the exact same dates and for the exact same rate.  If we are unable to re-let the property for the same dates and the same rate then no refund will be made;
iii. Where the renter cancels the booking less than 30 days prior to the commencement of the booking, BSL will refund the deposit (minus an administration fee of $100) provided we are able to re-let the property for the exact same dates and for the exact same rate.  In this instance, should Bach Stay be unable to re-let the property for the same dates and at the same rate as the cancelled booking then the renter will be liable for any balance owing on the booking.  Should BSL re-let the property at a lower rate than the renter has been charged, the renter shall be liable for the shortfall between the amount charged to the renter and the amount charged for the re-let;

iv. If for any reason the property becomes uninhabitable prior to the commencement of the booking resulting in Bach Stay cancelling the booking, BSL will refund all monies paid in full to the renter;

v. If for any other reason outside of BSL’s control the property is no longer available to rent, Bach Stay will refund all monies paid.  In this instance, Bach Stay will act in good faith and endeavour to find another suitable property for the renter to stay in.  BSL will not be liable for any costs incurred by the renter should the booking be cancelled due to any factor outside of Bach Stay’s control including, but not limited to, the property being rendered uninhabitable for any reason or the owner deciding to terminate the rental due to property sale or any other reason;

vi. If the property becomes uninhabitable during the rental period, BSL will cancel the remainder of the booking and refund the rental amount (pro rata for the nights not stayed);

vii. If the renter departs early or fails to show up for a booking there will be no refund made;

 6. Arrival and Departure

i. Arrival times are between 2pm and 6pm and departures times are between 8am and 11am;

ii. When booking a property the renter agrees that they will arrive and depart within the official arrival and departure times stated above;

iii. Should the renter arrive after 6pm without having arranged this prior to the arrival date, the renter accepts that they may not be able to gain access to the property until the following morning;

iv. Any arrival or departure outside of these times will only be allowed with prior arrangement with BSL and may incur a fee at BSL’s discretion.  BSL will always endeavor to be flexible with arrival and departure times but arrivals and departures outside of these times may not always be possible and must be agreed to in advance and charges may apply.

7. Animals

i. Any animal is expressly forbidden on any of our properties except by prior arrangement.  Some of our properties will allow pets but many will not;

ii. Where BSL has indicated on their website (or any other 3rd party website) that the property which the renter wishes to rent will allow pets, the renter must still inform BSL of their intention to bring a pet and have this approved by BSL prior to booking;

iii. Where BSL has permitted a pet, the renter is solely responsible for any mess or damage caused by the animal.  The renter authorises BSL to deduct from their credit card or bond, the cost of rectifying any damage caused by the pet or cleaning up any mess created by the pet;

iv. If any unauthorised pets or animals are found on the property during the renter’s stay, BSL reserves the right to cancel the booking immediately and ask the renter to leave.  In this instance, no refund will be given either in part or in full and BSL reserves the right to charge the renter’s credit card (or deduct from the bond) the cost of performing a flea treatment and/or a thorough clean of the property.

8. Renter’s Responsibilities

i. By making a booking with BSL you agree that you are ultimately responsible for the actions of you and all of your guests and fellow inhabitants of the property for the duration of your stay whether you are at the property or not.  You agree that you are liable for any and all costs, no matter how large or small, associated with any breach of these terms and conditions.  You agree that you are liable for any and all costs, no matter how large or small, associated with rectifying any damage done to the property, as a result of your actions or the actions of any of your guests or members of your group during your stay;
ii. The renter must be respectful of the property and the neighborhood at all times and is responsible for ensuring that any other people staying at the property or any visiting guests are respectful of the property and neighborhood as well.  Renter agrees that there will be no loud music or noise after 10pm;
iii. As all of the properties managed by BSL rely on tank water there is not an unlimited supply of water to be used during the renter’s stay.  The renter is responsible for ensuring water is used conservatively by all people at the property.  The renter accepts that should water run out during their stay, there may be a delay of up to 48 hours before more water can be delivered.  The renter accepts that where BSL determines the water use by the renter has been excessive, BSL will charge the renter $140 for the delivery of water;
iv. No parties or functions are to be held at the property without express permission of BSL.  Where a party or function is held without BSL’s permission, BSL reserves the right to cancel the booking and ask the renter to leave;
v. The renter is responsible for ensuring the number of adults and children staying at the property are the same as the number of adults and children the property has been booked for.  If the renter wishes to include additional guests to the booking they must first obtain BSL’s permission.  BSL reserves the right to refuse additional guests, or charge extra for additional guests if approved;
vi. No camping or tents will be permitted at anytime on the property without BSL’s permission;
vii. No smoking is permitted inside the property at anytime.  Smoking is allowed outside and off any deck and the renter must remove all cigarette butts.  A charge will apply if any cigarette butts are found on the property after the rental period, or if BSL detect a cigarette odour inside the property after the rental;
viii. No fires or fireworks are permitted at anytime on the property.  Failure to comply with this condition will result in BSL cancelling the booking immediately and asking the renter to leave;
The renter must take all rubbish away from the property with them when they leave.  If any rubbish is left at the property or immediately outside the property, BSL will remove this rubbish and charge a rubbish removal fee to the renter;
x. The renter is required to leave the house in a clean and tidy state which includes re-making all beds, putting all furniture back as found, putting away all dishes (washed and dried and none in the dishwasher) and removing childrens’ fingerprints from windows.  The cleaning fee paid by the renter covers the cost of BSL cleaners sanitising the bathrooms, toilets and kitchen, vacuuming the house, dusting all surfaces and mopping all hard floors.  Any additional cleaning that is required by BSL cleaners as a result of the house not being left in a clean and tidy state will result in a charge to the renter;
xi. The renter is responsible for reporting any damage to the property as soon as they become aware of it.  The renter will also be liable for any and all costs relating to repairing any damage caused by the renter or any member of the group or visitor to the property;
xi. The renter is responsible for any keys for the property which.  If the renter should lose the keys, BSL will charge a callout fee for re-entry and the renter is liable for the cost of a new set of keys.  Should the owner request the locks to be changed due to a lost set of keys, the renter will be liable for the cost of a lock change.

9. Bach Stay’s Responsibilities

i. BSL will inspect the property prior to the renter’s arrival to ensure it is clean and tidy and in a habitable state.  If any cleaning or maintenance needs to be done prior to the renter arriving BSL will endeavor to do this prior to the renter arriving;
ii. BSL will be on call for the duration of the rental period should anything go wrong.  Should anything go wrong during the rental period, BSL will endeavor to do whatever is required to fix it.  The nature of living in a rural community is such that sometimes tradespeople, spare parts, equipment etc are not always readily available and BSL will not be held liable for any failure on our behalf to rectify any problems at the house during the rental period;
iii. BSL will monitor water tank levels at the property prior to the renter’s arrival and record the volume of water present in the tank at that time.  BSL will calculate water use for the period of the rental based on a per person average of 180L per day for the number of people booked to stay at the house.  If there is insufficient water for the number of people and the number of nights booked BSL will monitor the tank levels again during the rental period.  If there is enough water at the commencement of the rental for the number of people booked to stay and the number of nights BSL will not monitor the tank again.  BSL will not be responsible for water running out during the rental period if there was 180L per person for each night booked at the commencement of the rental;
iv. BSL is not responsible for the equipment or facilities at the house.  If any item is not working properly, BSL will endeavor to get it repaired or replaced with the permission of the owner.  If the owner removes any item which is listed as part of the property or amends the property in anyway and does not inform BSL then BSL is not responsible for this;
v. BSL reserves the right to enter the property at any time without notice if we suspect any breach of these terms and conditions or have any reason to suspect the property is at risk or requires attention in any way.

10. Liability

As the person making the booking the renter is entirely responsible for ensuring that these terms and conditions are adhered to at all times by all guests staying at the property or visiting.  When making a booking, the renter agrees that they have read all of the terms and conditions of rental as detailed above and that they understand all of the terms and conditions, and accepts them without exception. 

Use of the property by the renter is entirely at the renter’s risk.  BSL does not assume any liability for any damages arising from any event occurring at the property during the term of the rental.

11. Disputes

Should the renter have a complaint about anything regarding the property or the service offered by Bach Stay, the renter must report this complaint to Bach Stay as soon as they become aware of the problem.  Bach Stay will endeavor to rectify any issues promptly.  Should the renter fail to be satisfied by Bach Stay’s actions in relation to dealing with any complaint, both parties will attend mediation through a 3rd party professional mediator whom both parties agree upon.