Terms and Conditions

SHORT TERM RENTAL TERMS & CONDITIONS


By booking accommodation you confirm acceptance that the below terms & conditions as being part of the agreement between yourself as the holiday guest and O’Meara Property Pty Limited (ABN 83 092 853 748) as the agent acting on behalf of the property owner. Any breach of these terms & conditions may result in your booking being cancelled or access to the property refused.

Keys are to be collected from our office located at

12 Stockton Street, Nelson Bay

from 2pm on the day of arrival.

 

  1. The Code of Conduct for the Short-Term Rental Accommodation Industry applies for all bookings. The agent, owner, guest and all persons occupying a property are bound by all terms of the Code of Conduct at all times. The code can be found at https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf
  2. The guest acknowledges that the agency has a duty of care to its staff and contractors. Any abuse or threatening behaviour towards staff or contractors will result in the immediate termination of the stay.
  3. If the property is located within a strata or community title plan the guest acknowledges that there are specific rules that apply to that property and the guest agrees to comply with any rules posted.
  4. Unless specifically agreed and confirmed in writing, check in is no earlier than 2pm on the day of arrival and departure no later than 10am on the day of departure.
  5. By booking and fully paying all fees you acquire a licence to use the property for the purpose of a short-stay or holiday for the period listed on your booking confirmation. Under no circumstances are any commercial activities or parties to be undertaken on the property. Any booking for more than 21 nights will require a mid stay clean at guest cost.
  6. By booking a property the guest declares that they have made all enquiries and satisfied themselves as to the suitability of the property booked for their needs.The agent is not responsible, nor has any control over building/renovation work being carried out on neighbouring properties and cannot issue refunds in such circumstances.
  7. Upon booking the guest will pay a $38.50 damage waiver fee. This charge is an insurance against any accidental damage to the property up to a maximum value of $2,000 that is advised to the agent at or prior to check out. The damage waiver fee provides no coverage against malicious damage, damage from pets or lost keys.
  8. The guest acknowledges that they are required to complete an online check in prior to the day of arrival. This check in is to be completed via the link emailed and will require the guest to upload a photo of their credit card and drivers license. If you wish to cover certain personal details on the license please do so, this information will be held on a PCI compliant site until 14 days after check out.
  9. The guest will nominate the number and identity of guests (including providing each adult guests full name and mobile phone number) that will occupy the property and will not allow any other person to enter the property.
  10. The guest will supply the agent with credit card details from which the guest authorises the agent to deduct all amounts for late departure, excess cleaning, rubbish left at premises or any damage caused. The guest acknowledges that the amount claimable is the full value of the cleaners and/or tradesperson bills. During “Schoolies” period there is a $3000 security deposit taken prior to arrival. 
  11. Unless specifically stated the property does not provide linen (sheets, towels, pillow cases, tea towels & bath mats). We can arrange the hire of these from a third party at an additional cost.
  12. Unless the property is specifically listed as “Pet Friendly” no pets are to be brought onto the property. If the property is listed as pet friendly it is expected that the guest will collect and dispose of all faeces and shed hair. Any additional cleaning or repairs required will be the responsibility of the guest.
  13. Guests locked out of the property should contact our office on 02 4980 4400 to arrange collection of the spare key. Guests acknowledge that there may be an $80.00 charge applicable to the staff member assisting you outside of hours.
  14. If keys, remote controls or access fobs are lost, the guest is responsible for the cost of replacing the lost keys, remotes and/or fobs.
  15. Upon departure the guest will ensure that the property is left secured, clean, free of rubbish, all cutlery & crockery washed, dried and re-stowed and the keys returned to the agent. Any rubbish that cannot fit into the rubbish or recycling bins must be disposed of by the guest. Any costs for extra cleaning, washing up or rubbish removal will be charged to the guest.
  16. Neither the agent nor owner take any responsibility for guest vehicles or possessions. Guests are responsible for all insurance of their belongings and if left behind, found and requested to be returned the guest will pay for the postage.
  17. All bookings are taken on behalf of the property owner, the owner has the rights to cancel a booking up till the arrival date. If the property is sold the agent cannot guarantee that the future owner will continue to offer the property for short-term rental and the booking may need to be cancelled.
  18. Guests agree to limit noise and not engage in activities that cause a nuisance to neighbours at any time but particularly between 10pm and 7am.
  19. Guests agree to keep the property secure throughout their stay and if the property is unoccupied agree to keep doors and windows locked.
  20. All property interiors are non-smoking. If the cleaner believes that someone has been smoking inside the property additional charges may be payable for deodorising and cleaning.
  21. Guests agree to allow the agent and/or appointed tradespeople to access the property as needed to affect repairs or investigate complaints.
  22. Any defects, non-working items, cleaning or other issues must be notified to the agent upon first arriving at the property. The agent and owner will make all reasonable attempts to rectify any issues as soon as practicable, but no partial refunds will be made. In the event of a major issue the agent will make all reasonable attempts to find alternative accommodation.
  23. Tariffs may be varied at any time.
  24. These terms and conditions may be varied from time to time without notice.
  25. Upon check in all guests certify that no guest are currently COVID positive. If it becomes apparent that a guest is or was COVID positive during their stay additional cleaning measures may be required and the guest agrees that they will pay for the additional cleaning.
  26. Any walk-in-booking with an arrival on the same day incurs a $1000 security deposit. 

 

Bookings

 

  1. Upon making a booking the guest will pay a deposit equivalent to 50% of the tariff, $40.00 booking fee, $38.50 damage waiver, any linen or additional charges and any credit card fees.
  2. The full balance of funds is payable no less than 30 days prior to the check in date.
  3. Guests currently in a property have the first right to book the same property for the same dates for the following year. To secure the booking the guest must make the booking and payment of 50% deposit, booking fee of $40.00 and damage waiver fee of $38.50 within 24 hours of departure. 

 

Cancellations

 

  1. For bookings made 48 hours or less before the scheduled arrival date there is no refund available for a cancellation.
  2. If the agent has cancelled a booking or enforced an early departure due to any breach of terms and conditions or code of conduct no refund will be made.
  3. All bookings made 30 days or more in advance have a 1 working day (including Saturday) cooling off period. If cancelled in writing, a full refund less $40.00 booking fee, credit card fee and $75.00 admin fee will be charged.
  4. Any booking cancelled 31 days or more prior to the scheduled arrival date may receive a full refund – less $40.00 booking fee, credit card fee and $75.00 admin fee.  
  5. Any booking cancelled 30 days or less before the scheduled arrival date can only receive a refund less $40.00 booking fee, credit card fee and $75.00 admin fee if another booking is secured for the property at the same tariff.
  6. If a cancellation is made because Port Stephens or the locality of the guest has been placed into any pandemic lockdown a full refund will be given.
  7. All refunds are by way via bank transfer. The guest is to ensure that correct banking details are provided.