Terms & Conditions
It is important that you read and understand these Terms and Conditions prior to booking.
The following Terms and Conditions will apply to your stay at any property managed
by PeninsulaHolidayRentals.com.au (PHR).
We only accept bookings on the Terms and Conditions outlined in this document.
By making a booking and paying a deposit, you agree to abide by and comply with these Terms and Conditions as they stand now and as they may be changed from time to time on our Website at PeninsulaHolidayRentals.com.au.
In case of any variation of booking conditions between us and an independent third party booking provider or wholesaler, the terms posted on the Website at PeninsulaHolidayRentals.com.au will apply.
These Terms and Conditions were last updated on 9th October 2019.
Office Hours and Key Collection
Our office at 4/23 Suffolk Street, Rosebud VIC 3939 is opened 9am to 5pm Monday to Friday and 11am – 3pm Saturday – Sunday. Staff is on call between the hours of 5pm – 9pm Monday to Friday and 4pm – 7pm Saturday and Sunday.
Key collection details will be sent 24 hours prior to arrival, Guest will be provided (by email or SMS) with a unique access code to all properties that have key safes on site.
1. GENERAL RULES
1.1 Guest Responsibility
• 1.1.1 It is your responsibility to have read and understand these Terms and Conditions before making a booking and paying a deposit.
• 1.1.2 We reserve the right to change all or part of these Terms and Conditions at any time. It is your responsibility to keep yourself updated on any changes to these Terms and Conditions. If you object to a change of the Terms and Conditions after paying your deposit, it is your responsibility to immediately advise us at the contact details provided on the PHR Website, and we both agree to negotiate reasonably to produce an outcome acceptable to both parties. Any such negotiation must take place before you occupy the Premises.
• 1.1.3 You must monitor the observance of the Terms and Conditions by your guests and visitors. A breach of these Terms and Conditions by your visitors will be considered a breach by you.
• 1.1.4 A breach of these Terms and Conditions will result in, but is not limited to, you being evicted from the Premises, losing your Bond (if any) and/ or other monies paid (or owed) by you.
• 1.1.5 Your credit card details will only be used to pay for amounts relating to your booking where directed by you. This information will never be supplied to a third party by us and will not be used for any other purpose.
• 1.1.6 By paying the deposit you agree to enter into an agreement to rent the Premises from us in accordance with these Terms and Conditions.
• 1.1.7 If the Premises are damaged during your occupancy due to accidental, negligence or willful act of the guest or the guests invitees the Premises will be repaired by us at the cost of the guest. Any damage over the amount of $1,000 may result in a report lodged with the police as malicious damage.
• 1.1.8 Use of the Premises for any event or use other than as residential holiday accommodation will result in the immediate termination of the booking for the Premises, removal of the guest(s) and other occupants from the Premises and other costs or expenses (including a function/extra cleaning fee of up to $1,000) being charged to the guests credit card. If insufficient funds are available; the debt will be passed onto a debt collecting company or the courts for the debt plus recovery costs.
1.2 Guests must:-
• 1.2.1 be over 25 years of age unless otherwise agreed by PeninsulaHolidayRentals.com.au and Property Owner. Photo Identification must be presented prior to arrival. Some properties may have a higher age minimum, which must be adhered to.
• 1.2.2 contain noise at a reasonable level and, in particular, between 10pm and 8am.
• 1.2.3 comply with parking regulations and show consideration to neighbours and other vehicles.
• 1.2.4 dispose of garbage and recycling in accordance with the usual practice at the property and in the allocated bins. Guests must not leave excess rubbish in common or public areas and upon departure place ALL rubbish in external bins ready to go for Council Collection.
• 1.2.5 notify the Agent of any complaints as soon as is practicable.
• 1.2.6 minimise their impact upon the residential amenity of the neighbours and local community.
• 1.2.7 be responsible for any visitors.
• 1.2.8 observe and abide by any Body Corporate Rules/ property house rules and respect the residential amenities of the property and neighbours.
• 1.2.9 maintain the security of the Premises. Guests will be held responsible for any incident that occurs during their stay or upon departure as a result of the premises being left unsecured
• 1.2.10 abide by any noise abatement order issued by police or any regulatory authority.
• 1.2.11 refrain from engaging in any drunken, obscene or antisocial behaviour.
• 1.2.12 report any concerns re the condition of the property to our office within eighteen (18) hours after arrival.
• 1.2.13 not flush foreign objects or you will be liable for costs. Property operates on a septic system.
• 1.2.14 abide by all laws including local Mornington Peninsula Shire laws: ‘Short Stay Rental Accommodation Code of Conduct’ and ‘Short Stay Rental Accommodation Local Law 2018’. These are included at the end of this document.
1.3 Information about Premises
• 1.3.1 While PHR makes every effort to ensure that this information is current and kept up to date, this information may change without notice. The description of the Premises is made in good faith and we will accept no responsibility for misdescription. All photos on this Website were taken on site and are provided as a guide only.
• 1.3.2 Photographs on the Website are an accurate representation of the described property at the time the photograph was taken and are subject to change with fair wear and tear. Neither PHR nor the owner of the Premises accepts responsibility for personal perceptions. Nor do we take any responsibility for any errors or omissions contained on the Website. If any feature/facility is essential for the guest in choosing a particular property, it is advisable that the Guest checks this with the reservation staff at time of booking. PHR cannot be held liable for omissions or errors, whether temporary or permanent, in regards a property’s facilities and services.
• 1.3.3 All properties under management are privately owned and are rented on a fully self-contained basis. In the event of faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner or Agent to compensate or discount. We will accept no responsibility for any inconvenience with machinery breakdown. In such circumstances, the Agent will undertake best endeavours to repair, replace or hire an alternative.
• 1.3.4 All properties are non smoking.
2. BOOKING CONDITIONS
2.1 Tariffs and Fees
• 2.1.1 Tariffs/ Prices listed on our Website are a nightly rate based upon a minimum stay of two (2), nights three (3) nights or five (7) nights during the period from Christmas eve until early January (see below) and are guide only. Tariffs, Prices/ quotations are subject to change without notice and will not be guaranteed until deposit has been successfully processed by us and you have received formal confirmation of your booking from us via email and or SMS. A dynamic pricing structure is in operation, tariffs change regularly. If a lower tariff is listed for a comparable property than previously booked we unfortunately cannot amend the tariffs charged after a booking confirmation has been issued.
• 2.1.2 There is no additional charge for an infant under two years of age.
• 2.1.3 Early Check-in and/or Late Check-out will incur a 5% of the total tariff fee on either side of Standard Arrival and Departure Times. For example, standard check-in is 4pm and check-out is 10am.
• 2.1.4 An additional non-refundable fee of $50 will apply to the processing of all bookings.
2.2 Payment and Deposits(s)
• 2.2.1 We accept payment either by credit card (Visa or MasterCard only – no debit cards) or Electronic Funds Transfer. Please contact us if you would like to pay by Electronic Funds Transfer.
• 2.2.2 A twenty five percent (25%) deposit of the Total Booking Fee is required to secure your booking and must be paid at the time of making your booking.
• 2.2.3 The balance of the Total Booking Fee must be paid at least one (1) month before your arrival date. We will endeavour to send you a courtesy reminder five (5) weeks before your arrival date, but the responsibility to make the payment rests with you.
• 2.2.4 For bookings made within one (1) calendar month before your arrival date, full payment is required at the time of booking.
• 2.2.5 No matter what the circumstances, the Total Booking Fee must be paid by the guest you no later than one calendar month before your arrival date.
3. REFUNDS AND TERMINATING YOUR BOOKING
3.1 Termination by guest
• 3.1.1 If you cancel your booking for any reason, you must notify us in writing, and the following cancellation fees apply.
• 3.1.2 If cancelled more than 2 months before arrival, $55 administration fee plus any credit card fees will be forfeited and the balance of deposit will be returned to you.
• 3.1.3 If cancelled within 1-2 months before arrival, 25% of the total booking cost will be forfeited by you.
• 3.1.4 If cancelled 1 month or less before arrival, 100% of the total booking cost will be forfeited by you.
• 3.1.5 If the Total Booking Cost has not been paid one month before your arrival date, we may terminate the booking without notice to you and seek to re-let the Premises. If your booking is terminated under this clause, you will be automatically forfeit all monies paid by you.
• 3.1.6 No refund will be given for early departure.
• 3.1.7 Refunds cannot be made for bookings cancelled due to inclement weather or illness. We recommend that you take out comprehensive travel insurance to protect you in this regard
• 3.1.8 Bookings may be transferred to a future date, a $100 processing fee may apply, provided that the request to transfer by the guest: Is made at least 1 calendar month before arrival, and is for the same property, and is for a period not later than four (4) months after the original arrival date, and the applicable tariff for that season is correctly applied.
• 3.1.9 Except for circumstances outlined in clause 3.2.1 cash or credit card refunds are not permitted.
• 3.1.10 In the event of Government enforced travel restrictions, a non-refundable 12-month voucher for the property booked, will be provided to guests. Refunds will not
3.2 Termination by Agent
• 3.2.1 If the Premises becomes unavailable for occupancy before or during your stay for any reason (i.e. damage to the Premises, carrying out emergency repairs, sale of the Premises by the owner, the termination of our appointment to act as Agent for the Premises or any other eventually), we will endeavour to find suitable alternative arrangements for your stay. If satisfactory alternative arrangements cannot be made, we will refund monies paid for the whole or part of the booking not fulfilled.
• 3.2.2 We cannot be held responsible should a property be listed for sale, sold or the Agent’s appointment to act is terminated and your booking is cancelled.
• 3.2.3 In the event of Government enforced travel restrictions, a non-refundable 12-month voucher for the property booked, will be provided to guests. Refunds will not be issued.
4. CONDITIONS OF OCCUPANCY
4.1 Check-in and Check-Out
• 4.1.1 Check in time is from 4.00pm onwards. We do not maintain an office at the property. Key Collection is available between 3.45pm (1545hrs) and 5pm from our office on the day of arrival or 24 hours prior to arrival, Guest will be provided (by email or SMS) with the access code to all properties that have key safes on site. If your expected arrival time is outside normal office hours it is important to tell us so arrangements can be made to check you in outside of normal business hours. $50 charge will apply if we have to deliver keys in person.
• 4.1.2 You must check out before 10.00am on your check out day. An additional 5% of the total tariff will apply after 10am if you are late in checking out.
• 4.1.3 You are responsible for the safekeeping and replacement of accommodation keys. Replacement or lost keys will be provided at an additional charge of up to $100.00.
4.2 Use of Premises
• 4.2.1To maintain a good standard for guests, certain conditions need to be complied with when staying at the Premises. We appreciate that most guests will respect the relevant property, but because of the occasional case of abuse there is a need to draw your attention to the following conditions:
▪ On departure, the Premises must be left in a similar state to the condition on arrival. Failure to leave the Premises in a satisfactory state will result in you incurring extra charges. You authorise us to charge you for the additional costs we incur to clean the Premises on your departure if this condition is not observed. Before departure, all food must be removed from fridges, all rubbish put in the appropriate council rubbish bins provided, and crockery and cutlery washed and packed away and BBQ cleaned. The Property must be left in a clean and tidy condition. The property should be vacated on time and secured. All windows and doors are to be locked.
▪ Only the number of people shown on the confirmation email may stay at the Premises overnight. The number of your guests at any time should not exceed the number stated on the confirmation email notice unless subsequently agreed in writing or email by us.
▪ You must not use the Premises for any unlawful purpose.
▪ You must not smoke on the Premises.
▪ Animals or pets are strictly prohibited on the Premises unless prior arrangements are confirmed in writing by us.
▪ Parties and other functions are strictly prohibited on the Premises. The Total Booking Fee charged is for private domestic holiday use only. Accordingly this rate does not allow for the extra costs associated with functions in terms of cleaning, garbage removal, wear and tear, repairs etc. Failure to comply with this condition may be considered a serious breach of this agreement resulting in your eviction, the loss of your bond and/or other monies paid by you.
▪ Disturbance to neighbours, including excessive noise, is strictly prohibited and may result in termination and eviction without refund and extra charges may be made for security and other expenses. Please note you are in a residential area and regard must be paid to the quiet enjoyment of neighbouring properties.
▪ You must comply with all reasonable directions provided by us.
▪ If during your occupancy as an in-house guest you notify and or request (by telephone, email or SMS) maintenance to fix/ rectify a particular matter the Guest authorises us to enter the Premises to assess what is required and to carry out the required works. We undertake to always announce ourselves on arrival and will only enter the Premises if allowed by the Guest if in residence or if no persons are within the Premises we shall enter.
• 4.2.2 We reserve the right to enter the Premises at any time for any reason to ensure the compliance with these Terms and Conditions.
4.3 Breach of Conditions of Occupancy
• 4.3.1 A failure to comply with any of these conditions may be considered a serious breach of this agreement resulting in your eviction, the loss of your bond (if any) and/ or monies paid (or owed) by you.
• 4.4.1 For your safety, if there is one or more balconies on the Premises please ensure that you, your guests and your visitors observe the following rules:
▪ A maximum of six (6) people are allowed on a balcony at any one time;
▪ Do not climb, sit on, push or use strong force against the railings;
▪ Do not dispose of anything over the balcony railing, as this may cause damage to the property or injury to persons standing below.
▪ Avoid any behaviour which may cause damage to the Premises, the balcony or its safety features;
▪ Avoid any behaviour that may cause a person to injure another person, themselves or cause someone or something to fall from the balcony;
▪ Do not go out on the balcony if you are under the influence of alcohol or drugs;
▪ Ensure that all windows and balcony doors are locked before you leave the Premises.
• 4.4.2 If children or persons of concern will be visiting or staying at the Premises, ensure that they are supervised at all times when using the balcony.
• 4.4.3 At all other times, we highly recommend that you lock the door/s providing access to the balcony.
• 4.4.4 As an additional safety precaution, please ensure any blind or curtain cords do not pose a strangulation risk by making sure cords do not form a loop by fitting safety tassels and keeping beds, cots, playpens and other furniture away from blind and curtain cords
4.5 Pool Area
• 4.5.1 Glass or glass products are not permitted in the pool area. This condition is strictly observed.
• 4.5.2 Please ensure that children and persons of concern are supervised in the pool area and when using the pool.
• 4.6.1 Guests must park their cars only in the designated parking areas and clear of driveways.
• 4.6.2 You will be informed of the designated parking areas upon your request by us or at the time of check in and is subject to change. Do not park on grass areas. We cannot be held responsible for any fines imposed for non-observance of these rules.
• 4.6.3 Do not park on the nature strip of neighbouring/surrounding properties.
4.7 Loss, damage or injury
• 4.7.1 If on arrival you notice any existing damage or breakages within the Premises you must report your concerns re the condition of the property to our office within eighteen (18) hours after arrival. Otherwise it is agreed that all is in order with the Premises.
• 4.7.2 You will be held responsible for any damage, breakages, theft or loss of any property on or in the Premises during your stay (including keys). If any property is affected in this manner, you will be responsible for all related costs for the repair or replacement of the affected property. You authorise us to deduct these costs from your bond (if any), monies paid (or owed) by you and if further required, charge your credit card accordingly.
• 4.7.3 Neither PHR nor the owner of the Premises takes any responsibility for the loss or theft of your personal property or for any bodily injury that occurs on or at the Premises. We recommend all guests purchase travel insurance since Management are not responsible for any injuries, illness or accidents that may occur whilst staying at our property.
4.8 Parties and other entertaining
• 4.8.1 We have a zero policy on parties being held in the Premises. A party being defined as:
▪ Any situation where the maximum number of guests on the Premises is more than the permitted number of Guests; or
▪ Any situation where the noise level from the Premises is deemed too high thereby disturbing other guests and/or residents; or
▪ Any situation whereby excessive traffic to and from the Premises is identified; or
▪ Any situation where it is deemed that intoxication is occurring; or
▪ Any situation where it is identified that excessive alcohol is present.
• 4.8.2 If any Premises is identified as having a party, we reserve the right to immediately request all occupants of the Premises to vacate the Premises and terminate the stay. In such a situation, the Total Booking Fee will be forfeited. In addition any expense resulting from additional cleaning, replacement of any furniture/fixture/breakage, including lost keys as well as any repairs will be deducted from the bond or charged to your credit card.
• 4.9.1 We do not allow excessive levels of alcohol to be brought in to the Premises. Excessive amounts of alcohol being defined as:
▪ More than two (2) Cases/slabs/cartons of beer, pre mixed drinks etc.;
▪ Multiple bottles of spirits and/or more than (2) cases of wine.
• 4.9.2 If a registered guest or any persons associated with that guest, is identified as bringing excessive amounts of alcohol to the Premises that person will be requested to either relinquish the alcohol to us (or our appointed security provider) and which will be stored in safekeeping for their retrieval on departure, or alternatively for the alcohol to be permanently removed from the Premises. If at any stage, should a person be deemed in breach of this policy and refuse to abide by the requests, then that person will be requested to leave the Premises.
• 4.9.3 You should be aware that under Victorian law, if the accommodation complex has a liquor licence, it is illegal for underage persons to consume or possess alcohol while staying there. Fines of up to $3,000 apply. It is not illegal for underage persons to consume or possess alcohol in the privacy of the Premises. However, it is illegal for an adult to supply alcohol to a minor and then not responsibly supervise its consumption. It is illegal for anyone to drink alcohol or be drunk in a public place, including common areas within the accommodation complex, regardless of age. Fines for this offence range from $100 to $3,000.
4.10 Additional actions that may result in eviction
• 4.10.1 We, or our appointed security provider reserve the right to immediately evict any guest, visitor or member of the public for the following (but not limited to)reasons:-
▪ Intoxication and/or unsavoury/lewd behaviour; or
▪ Throwing objects off any balcony or Premises; or
▪ Spitting or vomiting over the balconies; or
▪ Willful damage to the Premises or to surrounding property; or
▪ Physical or verbal abuse/assault of our staff, other guests, residents, members of the public on or around the Premises; or
▪ Any behaviour deemed as a potential safety threat to others; or
▪ Any breach of these Terms and Conditions including alcohol or party policy; or
▪ Any incident for which our appointed security contractor or police are required to attend.
5. EXTRA FEES AND CHARGES WHICH MAY APPLY TO YOU AS A RESULT OF YOUR OCCUPANCY.
• 5.1 In addition to the tariffs and fees listed above and paid in full before you enter the Premises, additional fees and charges may be levied as outlined below.
• 5.1.1 A bond may be charged to your credit card before you arrive to take up occupancy. The amount of the bond varies with the premises and will be advised to you at the time of booking. This bond is charged to your credit card and, provided no additional charges have been incurred, (once the property has been inspected and deemed left in a similar state to arrival) is refunded within five (5) business days following your stay.
▪ If you provide us with your credit card details, you provide your consent for us to deduct from your credit card, the bond value and any additional fees or charges stipulated in this agreement; examples of this include but are not limited to any breakage, damage or excess cleaning requirements, extra guests beyond those declared
▪ Where credit card details are not provided a cash bond of up to $2,000 will apply.
• 5.1.2 If a security guard is called out by any person following a noise complaint during your stay at the Premises a $200 call out fee will be payable by you. If council is notified and an infringement notice is issued, a further $500 fee will incur. Please note that $700 will automatically be deducted upon complaint. $500 of this will be held in trust for 28 days and will be disbursed upon inevitable outcome. If evicted there will be no refund of monies paid by you;
• 5.1.3 Additional fees will apply if more guests then the number stipulated on the confirmation email of your booking stay at the Premises without our prior written consent;
• 5.1.4 You must pay all associated costs for the repair or replacement of damaged, lost or stolen property on or at the Premises;
• 5.1.5 If you are occupying a holiday house and are residing at the premises on the day before rubbish collection, you must put out the rubbish bin for collection on the following morning. Failure to observe this requirement may result in a fee being charged for clearing the garbage at the end of your occupancy.
• 5.1.6 Should a guest request any lost property to be posted to you after your departure this will be sent receiver to pay the applicable postage and administration fee of $50 will apply to Melbourne Metro addresses (Country VIC, Interstate and Overseas area will attract a higher rate) for our Agents time in arranging, collecting and posting the item back to you.
• 5.1.7 We reserve the right to charge you a special cleaning fee to cover the reasonable cost of additional cleaning of the Premises that is required as a result of your occupancy. Extra cleaning charges will be incurred for the cleaning of dirty dishes, fully loaded dishwasher, emptying the fridge, moving furniture from its original location, removal of rubbish, excessively smeared glass (this will include mirrors, glass feature walls and balcony glass, and glass sliding doors) and for excessive drink spills on the floor and or balconies etc. Should the cleaning fee be more than the usual cost for cleaning the property, you will be charged the additional costs over and above the normal cleaning fee which will be deducted from the security bond or charged to your credit card. These fees are in addition to the function cleaning fees outlined in 1.1.8 above.
• 5.1.8 Correspondingly to your arrival instructions, should a guest not replace the keys back into the key safe on the premises or return to our office upon departure, a $50 administration fee will be charged plus replacement costs if new keys, remotes or access cards are required.
• 5.1.9 If a Guest locks themselves out of the property and we are required to attend the premises to open the property a $66 surcharge call out fee may apply during normal office hours or $132 outside of normal office hours.
• 5.1.10 Evening mobile patrols are undertaken at properties by a security company to ensure noise levels are at an appropriate level for the time of night. If a security guard is called out by any person following a noise complaint during your stay at the Premises a $200 call out fee will be payable by you. If council is notified and an infringement notice is issued, a further $500 fee will incur. Please note that $700 will automatically be deducted upon complaint. $500 of this will be held in trust for 28 days and will be disbursed upon inevitable outcome
• 6.1 The Owner of each of the properties listed on the Website has appointed the Agent, (trading as PeninsulaHolidayRentals.com.au) ABN 89 166 503 760, to manage the property on their behalf and receive the rental money into a statutory trust bank account. The law in Victoria requires real estate agents to bank monies received from all real estate transactions into a trust account that is subject to regular audits. This ensures that your deposit and rental money is protected.
• 6.2 This is done independently from booking providers/ wholesalers, who provide marketing and promotional services on other websites in respect of these properties.
• 7.1 ‘Website’ means the information portal at peninsulaholidayrentals.com.au.
• 7.2 ‘Apartment’ means any lot in a community titles scheme for the purposes of the Body Corporate and Community Management Act 1997 in which you have agreed to stay through this Website.
• 7.3 ‘House’ means any dwelling that is not an Apartment that you have agreed to stay at through this Website.
• 7.4 ‘Premises’ means the property listed on the Website where you have agreed to stay and includes a house or apartment.
• 7.5 ‘Total Booking Fee’ means the total rate or amount payable for the full period of your stay including the basic tariff plus (if levied) bond; and administration, Credit Card reprocessing fees, and any other fees as outlined in these Terms and Conditions.
• 7.6 ‘Guest’ means any person residing overnight on the Premises and permitted under the same booking.
• 7.7 All dollar amounts on the Website are expressed in Australian dollars (AUD$) only. Overseas guests need to consider changes in exchange rates and any impact that may arise as a consequence of making the booking.