Booking Terms & Conditions

Noosa Secret Destinations Pty Ltd ACN 601 995 055

You are entering into these Terms and Conditions with the Property Owner.

Our Agent, Noosa Secret Destinations Pty Ltd is a Licensed Real Estate that only accepts payments into an Australian dollar (AU$) Trust Account where Your money is held in the Trust Account until Your stay.  The Agent abides by all legal requirements, local government and industry guidelines in the operation of their business.

Please note that the Property is available for holiday accommodation only.  There are strict rules against using it as a party venue or for Schoolies week, and we recommend you read through these Terms and Conditions carefully before making a booking.

 

Bookings

If You are a registered user, You may request a Booking by selecting a Property, Booking period (subject to availability), paying the Holding Deposit and providing any required contact information via the booking website.

Our Agent, acting on our behalf, will contact You to confirm the details of Your Booking, and may ask You to provide additional information about You or Your Booking.  Guests with special needs or specific requests should discuss these with the Agent at this time, to ensure that they can be adequately catered for.

Guests aged between 12 months and 13 years are classified as children and Guests under 12 months are classified as infants.

Our Agent may carry out background checks in relation to Your Booking, and You consent to Your personal information being disclosed to third party credit reporting agencies for this purpose.

We reserve the right to refuse Your request for a Booking for any reason at our sole discretion, in which case we will refund Your Holding Deposit in full.

Your Booking is confirmed only when we (or our Agent) notify You that we have accepted Your Booking and Holding Deposit.

 

Acceptance & Responsbility

Once Your booking is made You will receive a Booking Request Confirmation email from us or our Agent with the details on how to process Your payment.  Your booking is not confirmed until payment is received by us or our Agent. Receipt of Your payment confirms that You have read and agreed to our Terms and Conditions herein.

The person whose name is on the Booking must be staying at the Property.  This person is responsible for the Booking with us and ensuring all Guests and Visitors are aware of the Terms and Conditions and House Rules.

Identification and credit card details will need to be provided to our Agent at the time of arrival/key collection or pre registration for late arrivals.  A credit card Pre Authorisation is taken for the Security Bond at the time of arrival.  Keys will not be handed over without a valid Pre Authorisation.  A valid Pre Authorisation does not include Prepaid Visa cards.

You and Your Guests warrant this is for holiday purposes only and indemnifies the Management for any other form of use.

We recommend that You and Your Guests have travel insurance.

 

Payment

The Accommodation Fees are payable in instalments at our discretion, as follows:

  • $500 (Holding Deposit) upon requesting a Booking;

  • 50% (Booking Deposit) six months prior to the start of the Booking period (or upon requesting a Booking if the Booking is made less than six months in advance); and

  • The balance of the Accommodation Fees (Final Payment) one month prior to the start of the Booking period.

We will issue a separate invoice in arrears for any Service Fees, if applicable.  

Bookings are not confirmed unless and until a Holding Deposit is received.

Payment of the Holding Deposit constitutes Your acceptance of these Terms and Conditions.  Once the Holding Deposit has been paid, the Accommodation Fees are not able to be altered.

The balance of the Accommodation Fees must be received in full one month prior to occupancy.  If not Management has the right to cancel the booking and attempt to re-let it.

Payments of the amount due must be received in Australian dollars net of any bank or other transaction charges and similarly a refund (if any) will be in Australian dollars. We will not be liable for any difference in exchange rates from the time the deposit was paid until the time a refund (if any) is made.

Our Agent accepts payment by the following methods:  Visa, MasterCard or direct deposit into our Australian Bank (Commonwealth Bank) Trust Account.

You are responsible for and must reimburse our Agent for any transaction, processing, dishonor or charge-back fees issued by a financial institution or payment gateway in the course of making payment.  

All fees are exclusive of GST.  If any GST is imposed on a supply under this agreement, You must pay the GST amount with and in addition to the Fees.  Our Agent will itemize any applicable GST on each tax invoice.

 

Bookings through Third Party Websites

To the extent you made a Booking through a third party website such as Stayz or Airbnb their terms and conditions in relation to payment will apply (i.e. they may take the full Accommodation Fee at the time of making the Booking).  Similarly their cancellation terms and conditions may also apply.  We are not responsible for any difference between our Terms and Conditions and those of third party websites.

 

Credit Card Authorisation

A valid credit card must be provided at the time of check in for a $500 - $2,000 (depending on the Property) Pre-Authorisation for the Security Bond.  This will be held for the duration of Your stay.  This will be released back to You as per Your bank’s terms and conditions.  Our Agent cannot provide access to the Property without this Pre-Authorisation being paid.

Our Agent may charge Your credit card at any time up to 30 days after departure for any unpaid fees, expenses or repairs required in relation to any damage caused by You, Guests or Visitors to the Property.  Examples of the types of expenses include but are not limited to any breakage, damage or excess cleaning requirements, extra Guests beyond those declared, and misrepresentation of Your stay. If a deduction is to be made due to any of the above an administration fee of between $50 and $100 will also be charged to cover arranging for replacement or repair for each item/issue.

 

Variations & Cancellations

Changes to Guest List

You may make changes to Your Guest list at any time up to 48 hours before the start of Your Booking, by written notice to our Agent listing the name of each Guest who is withdrawing and the details of the replacement Guest/s (as applicable).

Our Agent may carry out background checks on any replacement Guest/s.  You must ensure that each replacement Guest consents to their personal information being disclosed to third party credit reporting agencies for this purpose.  

We reserve the right to refuse to accept any replacement Guest for any reason at our sole discretion.  

There are no administration fees applicable for a change to the Guest List.

The number of Guests should not exceed the number stated on the Confirmation Notice or subsequently agreed in writing/email. Fees will apply for excess Guests not agreed with the Management in advance.  Any misrepresentation regarding Guests or intention of Your stay may result in eviction and loss of monies paid.

 

Changing the Date of your Booking

You may request to alter Your Booking dates at any time up until 60 days prior to the start of Your Booking, provided Your new Booking dates are within 12 months of the first day of the original Booking dates, and You are staying at the same Property.

We will try to accommodate any changes You request, however, we may not be able to change Your Booking if the Property is not available on the new Booking dates You have requested.  

If Your change request is accepted, You will be charged the Accommodation Fee applicable to the new Booking dates.

Management is not obliged to accept any variations to the booking if they are adversely affected by the request and will instead treat the variation as a cancellation.

 

Cancellations to Your Booking

If You cancel some or all of the days in Your Booking:

  • You will be charged a Cancellation Fee on the total Accommodation Fee for the cancelled days of Your Booking as follows:

  • If cancelled 45 days or more prior – 50% of the Accommodation Fees;

  • If cancelled less than 44 days prior – 100% of the Accommodation Fees,

minus any Deposit or Accommodation Fees You have already paid; and

  • We will use our reasonable endeavours to allocate the Property to another booking for the same Booking Period.  However, we may only be able to allocate the Property to another booking for part of the Booking Period. The relevant Cancellation Fee shown above is then payable by you (pro-rata in the event of an allocation for only part of the Booking Period). If we are unable to allocate the Property to another booking, you will be liable for the total Cancellation Fee.

  • If any applicable Cancellation Fees are not paid in full by the first day of Your Booking, we reserve the right to charge interest at the rate of 3% above the overdraft rate of the bank used by the Agent, with interest accrued daily and being compounded monthly until such debts are paid in full.  

  • We reserve the right to reduce the Cancellation Fee at our sole discretion.


 

Cancellations by the Owner

We may end Your Booking at any time if:

  • You fail to make any payment when due, or any payment is dishonoured or subject to chargeback;

  • You fail to comply with our House Rules;

  • We have reason to believe that the Booking was made for, or the Property is being used for, a Prohibited Purpose;

  • We have reason to suspect unlawful activity is taking place on the Property during the Booking period; or

  • We receive complaints about You from neighbours or the authorities, which we reasonably consider to be serious and valid, and, if applicable, we may require You to immediately vacate the Property and remove Your Personal Belongings and Vehicles. You will not receive a refund of any part of the Accommodation Fee You have paid,

in which case we reserve the right to cancel the Booking, refuse key collection upon arrival or require people to leave the Property, as reasonably necessary.

If the Property becomes unavailable during the Booking period due to Force Majeure, and there are no mutually agreeable alternative dates, then we may cancel Your Booking and give You a full refund of all Accommodation Fees You have paid for that Booking.  

 

Unavailability & Unforeseen Circumstances

Unavailability

Bookings are accepted in good faith but we may cancel Your Booking:

  • by at least 30 days’ written notice if the Property is listed for sale, under contract or sold, or permanently removed from the letting pool; or

  • by written notice as soon as reasonably practicable if the Property or the facilities have been damaged, or the Property has to be closed for maintenance, repairs or renovations,

in which case we will provide a full refund of any monies paid.

 

Unforeseen Circumstances

We endeavor to ensure that all furniture, fittings and equipment at the Property are functioning properly at all times.  However, if an issue arises, please contact our Agent as soon as possible.  We will use reasonable efforts to ensure any disruption is kept to a minimum while repairs or maintenance are being carried out, and appreciate Your cooperation.  

Because equipment and furniture is changed or replaced from time to time at each Property, it may not be exactly as displayed in photographs on websites.  If there is a specific piece of equipment or furniture you require during your stay, please check with Us prior to finalizing your Booking.  We will not be responsible for equipment or furniture displayed in photographs which is no longer at the Property.

We cannot be held responsible for any unforeseen circumstances such as the breakdown of appliances, etc.  Our Agent maintains Properties to the highest standard however at times unforeseen issues can occur.  All repairs will be carried out or replacements purchased at the earliest convenience.  Every action will be taken by our staff to minimize inconvenience caused; however there is no obligation for our Agent to issue any partial refunds or discounts if the issue was unavoidable.  

 

Neighbourhood Disruptions

The Property is located in a suburban area, and there is always a possibility that road works or building and/or renovation work may be taking place nearby, which may cause noise disturbances, interruptions to utilities or changes to traffic conditions.  Such issues are outside of our control, and You will not be entitled to a refund or reduction in the Accommodation Fees.  

 

Location of Property

We recommend You check Google Maps before making a Booking to ensure the location is suitable.  You will not be entitled to a refund or reduction in the Accommodation Fees if the Property location is unsuitable.  

 

Check in & Departure

Check in

Check In time is from 2.00pm on the arrival date and check out time is not later than 10.00am on departure date to allow time for the Property to be prepared for the next guests.

You must notify our Agent of Your expected arrival time and a mobile contact number at least 7 days before arrival.

 

Departure

Upon departure You agree to:

  • Hand over all keys and remote controllers belonging to the Property;

  • Remove Your Personal Belongings and Vehicles from the Property; and

  • Leave the Property in a reasonably tidy condition, with all doors and windows closed and secured.  

Failure to depart at the agreed time may result in an additional charge of $50 per half hour.

Variance to check out time is subject to prior arrangement with our Agent and availability and extra charges may apply.

 

Cleaning, Removal of Rubbish and Personal Belongings

On departure the Property should be vacated on time and secured.  All rubbish should be put in the appropriate recycle (yellow) and waste (green) council rubbish bins provided, and the Property left in a clean and tidy condition.

If Guests leave any Personal Belongings at the Property after departure and Guests require the Personal Belongings to be posted to them, the Agent will post the Personal Belongings with the Guest to pay the postage costs and an administration fee of $20.

 

Holiday Rental Services

Subject to the terms of these Booking Terms and House Rules, we grant You the right to use and enjoy the Property for the duration of the Booking period.

The House Rules must be complied with along with any instructions from the Agent of the Property including Security concerning occupancy, property, health and safety and quiet enjoyment of the Property and the neighbours’ amenity.

If You have any queries or require assistance with any aspect of Your Booking, or the Property during Your stay, please contact our Agent.

 

Use of the Property

You agree:

  • to comply with the House Rules which are either attached as Appendix A, or which will be given to You by our Agent, and our Agent’s reasonable directions while on the Property;

  • to provide us with a list of persons who will be staying at the Property (Guest List) and ensure only the people named on the Guest List stay at the Property overnight;

  • not damage any part of the Property including furniture, fittings and equipment;

  • not bring animals or pets onto the Property with our prior written approval;

  • that smoking is not permitted inside the Property at any time;

  • to not cause a nuisance to others by making excessive noise or disruption, obstructing the street or footpath, or by holding parties at the Property;

  • that guests must only sleep in the beds provided, if additional bedding is required please contact our Agent to organize prior to Your arrival, under no circumstances are Guests to sleep on couches; and

  • to ensure that any person whom You allow onto the Property complies with the obligations under this clause.

 

Personal Belongings and Vehicles

You remain responsible for Your Personal Belongings and Vehicles, and they remain at Your sole risk while at the Property.  Parking of Vehicles must be in accordance with local Council regulations.

You must not bring anything onto the Property which presents a danger or hazard to persons or property.

 

Supervision and Caution

The Property may have a swimming pool, spa, pond, or be near a canal or waterway, and such bodies of water pose a hazard to children or people who cannot swim or who are inebriated.  Not all of them have fences.  Please take care and supervise children carefully when in or around water.  We will not be held responsible for any injuries sustained by any persons using the facilities at the Property without adequate supervision or without taking due care.

Caution must be taken on all tile areas, wooden floors and outdoor areas as they may be slippery when wet.
 

Third Party Service Providers

We are not responsible for any delay, action or inaction of any third parties such as internet service providers, utilities companies or other service providers.

 

Property Security

Please shut and secure all doors and windows whenever You leave the Property. Weather conditions in Queensland are prone to change, with storms quickly developing which can cause considerable damage to a Property.

Damage, breakages, theft/loss and security is Your responsibility during Your stay. You must lock all doors and windows when You leave the Property and it must be secured at night.  You must notify our Agent immediately of any damages, breakages or theft. Management may deduct from Your security deposit the amount required to repair or replace any items (at Management’s discretion).

You will be responsible for any expense or damage we suffer as a result of Your failure to shut and secure all doors and windows when leaving the Property throughout Your stay.

 

Prohibited Activities, Noise and Anti Social Behaviour

Prohibited Activities

The Property is to be used for holiday accommodation only and is not a ‘party house’ and the following activities are strictly “Prohibited Activities” including:

  • a function or party including without limitation a hen’s or buck’s party, raves, birthday party, engagement party, wedding ceremony or reception or business or commercial functions; or

  • ‘Schoolies’ week.

No Guests or Visitors have permission to enter, remain or engage in any such Prohibited Activities at the Property or engage in anti-social behavior including ignoring curfews and/or excessive noise.  Any person doing so will be treated as a trespasser. If You misrepresent Your booking and/or do not comply with our Terms and Conditions we reserve the right to evict You and retain all monies paid including the Security Bond.  Minimum age to hire the Property must be 24 years or older.

Noise and Anti Social Behaviour

Holiday accommodation on the Sunshine Coast is subject to strict noise guidelines to which all Visitors and Guests at our Property must adhere.  We are liable to incurring fines or having restrictions placed on our business activities if the guidelines are infringed.  The Agent has a zero tolerance policy for Visitors or Guests who do not adhere to the Terms and Conditions.  You agree and acknowledge if Terms and Conditions are not adhered to and Your conduct adversely affects us, we reserve the right to take legal action and seek damages.  You indemnify and keep indemnified the Agent and us against all loss, damage, expenses and penalties caused or incurred as a result of any breach of these Terms and Conditions by you or any of your Guests or Visitors.

Noise curfews apply between 10.00pm to 8.00am.  We require You to move inside and close the doors after 10.00pm and keep noise to a minimum.

We also request that for the neighbours’ privacy and safety You only utilize the beach area/jetty (if applicable) in front of the Property and not those in front of adjoining properties.

Drugs or illegal activities are strictly prohibited at the Property and alcohol should be consumed in a responsible manner.  

Strippers, topless waitresses, outdoor nudity and other similar activities are not permitted under any circumstances at the Property.

Visitors may visit You at the home but may not remain on the Property overnight.  All Visitors must comply with the Terms and Conditions and House Rules.

 

Commercial Photography

Photographs and videos may not be taken at the Property to be used for commercial or advertising purposes or for financial gain or benefit without the written consent of Management.
 

Security

Management reserves the right to enter the Property without prior notice if, in their reasonable opinion:

  • there is an emergency situation; or

  • they are requested to do so by law enforcement or government authorities,

they will give You advance notice where practicable.

 

Hire Equipment

Hire Equipment can be hired through The Sands Holiday Hire.  If another hire company is used then delivery and pickup of the items can only occur during Your stay.  You accept full responsibility for acceptance and return of the equipment when hired through a third party.

Our Agent may also provide additional concierge services upon request, and will notify You if extra Service Fees apply for this service.

 

Indemnity and Limitation of Liability

You release and hold harmless, indemnify and defend us and our Agents against any Claim or Liability from or in relation to:

  • any negligence or reckless or intentional misconduct, drug abuse, or excessive alcohol consumption by Yourself or anyone on Your Guest List, or any other of Your Visitors from time to time; and

  • Your failure to adequately supervise children or other persons requiring supervision; and

  • Personal injury or property damage caused by Your Personal Belongings or Vehicles; and

  • Your failure to perform Your obligations and responsibilities under this agreement.  

You agree to release and hold harmless us and our Agent against any Claim or Liability arising from or in relation to:

  • Our reasonable actions taken for security reasons, non-payment or breach of these Terms and Conditions, in denying anyone entry to the property, or evicting or removing anyone from the Property, or removing Personal Belongings or Vehicles from the Property;

  • Your breach of any law or infringement of any third party rights; or

  • Actions taken in relation to this agreement in accordance with our obligations at law or any order issued by a court of law or relevant government authority; and

  • Any breach of Your warranties under this agreement.

You indemnify us for any reasonable legal expenses we incur as a result of Your breach of this agreement, including expenses for enforcing payment, on a solicitor and own client basis.

You agree to release and hold harmless our Agent against any Claim or Liability arising from or in relation to anything done by the Agent while acting on our behalf.

 

General Provisions

Interpretation

The following rules of interpretation apply unless the context requires otherwise:

  • A reference to a right or obligation of two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally;

  • A reference to anything (including any amount) is a reference to the whole or each part of it and a reference to a group of persons is a reference to any one or more of them;

  • Nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

Transfer

You cannot transfer any of Your rights under this agreement unless You have our written consent.

 

Multiple Terms and Conditions

Where You have been provided with more than one set of Terms and Conditions (ie from any external booking website and this document), these terms and conditions prevail to the extent of any inconsistency.  

 

Costs

All stamp duty, government charges and legal fees incidental to this agreement, specifically including all legal fees incurred in enforcing this agreement on a solicitor own client basis, are the responsibility of and payable by You.

 

Enduring Clauses

The parties’ rights and obligations under will survive the termination of this agreement for whatever reason.  

 

Relationship between the parties

The parties acknowledge and agree that:  

  • this agreement is for short term accommodation for holiday purposes and the Residential Tenancies and Room Accommodation Act 2008 (Qld) does not apply; and

  • the Agent is acting as agent of the Owner and is not a party to this agreement.

 

Jurisdiction

The laws of Queensland, Australia apply to this agreement and the parties submit exclusively to the courts of that jurisdiction.  

 

Severability

If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.

 

Waiver

Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.

 

Entire Agreement

This agreement contains the entire agreement between the parties and supersedes all previous negotiations or agreements in relation to the subject matter of this agreement.

 

Variation

Variations to these conditions may only be made by prior arrangements with the Agent in writing.  The Agent reserves the right to terminate the rental at any time if any of the above conditions are not adhered.  

 

Definitions

Accommodation Fees means total rental fees for the Property for the Booking period, as set out in the Schedule.

Agent means the agent acting on the Property Owner’s behalf, namely Noosa Secret Destinations Pty Ltd ACN 601 995 055.

Booking means the period for which You have paid to stay at the Property.

Cancellation Fees means the fees that Agent charges when You cancel Your booking.  

Claim means any claim, notice, demand, proceeding or judgement however arising, whether based in contract, tort or statute, and whether involving a party to this agreement or a third party.

Deposit means the non refundable deposit You pay to secure the booking – this is advised in writing to You.

Force Majeure Event means an event which is out of the Owner’s reasonable control, including without limitation an act of God, or war, terrorism, riot, insurrection, vandalism or sabotage, or order, law, rule or regulation of any government.

Guests means the persons notified to the Agent who stay overnight in the Property during the Booking.

House Rules means the rules set out in Annexure A or updated by us and notified to You from time to time.

Liability means any liability (whether actual or prospective), loss, consequential loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.

Management means the Property Owners and Agent of the Property.

Personal Belongings means any physical belongings You bring onto the Property.

Property means the home You have booked as per Your confirmation notice and all its fixtures, fittings and equipment.

Property Owner/Ours/Us/We means the owner of the Property.  

Schedule means the schedule attached to the front of these terms and conditions.  

Security Bond means the bond You pay to cover any damages or costs that may occur during Your stay.  Providing there are no damages or costs this is refunded after Your stay.

Service Fee means fees for additional services You request which apply in addition to the Accommodation Fees.

Visitor means a person a Guest permits to visit the Property during the Booking and who must not remain at the Property overnight.

You/Your means the customer who is booking the holiday accommodation.