You must not allow more than 8 people to reside at the property at any given time except by prior written agreement. Additional people may be housed in caravans or tents on site by prior written agreement.
You warrant that you are aged 25 years or over.
You are strictly liable for the acts or omissions of all guests and invitees at the property prior to, during and after the Booking.
Caravans, motorhomes, campervans and the erection of tents or swags is not allowed in, near or on the Property except by prior written agreement. If found, immediate eviction of all guests may occur, there will be no refund and any bond will be forfeited. You may be required to pay an additional $250 if evidence of camping is found.
. Linen
The owner will supply quilts, quilt covers, mattress covers, pillows and pillow protectors.
You must supply you own bed linen (sheets & pillowcases), bath towels, bathmats, hand towels and tea-towels.
Linen (e.g. sheets, pillowcases) must be used on all beds.
. Pets
No pets are allowed except by prior written agreement.
Dogs under the age of 1 year are not permitted.
You must pay a $100 refundable pet bond for each pet.
No pet bond is payable, or Owner’s agreement required, for the presence of assistance animals as defined in the Discrimination Act 1992 (Cth).
If a pet has stayed at a property without the Owner’s prior written agreement, you must pay $100 for each such pet.
There is a maximum 2 pets.
You must clean up after your pet in every way (excrement must be wrapped and placed in bins).
You are strictly liable for any damage or loss caused by your pets. Any damage to the Property must be promptly rectified or replaced by you.
The pets are not allowed on the furniture or house beds under any circumstances. You must supply bedding for each of the pets.
If reports of constant barking are received, the Booking may be immediately terminated, or you may be asked to remove the dog.
You must supply your own bowls for the pets’ food and water. You must not use the Owner’s crockery or bowls for the pets.
Pets are not to be left unattended inside house at any time.
You must clean up after the pet including vacuuming floors and furniture to remove pet hair. Failure to do so may result in an extra cleaning charge.
Your security and/or pet bond will be forfeited if extra cleaning is required to remove pet hair, faeces, etc.
You must remove all pet faeces from the Property prior to departure. A $50 fee will apply and a deduction made from any bond if any pet faeces is left in behind.
If there are fleas found at the property, your bond is forfeited.
Failure to comply with the pet rules will result in forfeit of the bond, and/or additional charges.
. Bonds
You must pay a refundable security bond eof $300t.
You may be required by the Owner to pay an additional bond of up to the value of the accomodation fee for any booking on long weekends, SA school holidays & peak season.
You may be required to pay a pet bond (see 3.3 ).
All bonds are payable within 24 hours of confirmation of the booking.
Your bonds, less any debits, will be refunded within 14 business days of your departure from the Property by bank transfer to your nominated bank account.
. Cancellations & Refunds
If you cancel your booking then if notice of cancellation is given to the Owner:
28 days or more prior to occupancy then the deposit is forfeited.
21 to 27 days prior to occupancy then 10% of the accommodation fee or the deposit, whichever is greater, is forfeited.
14 to 20 days prior to occupancy then 50% of the accommodation fee or the deposit, whichever is greater, is forfeited.
Less than 14 days prior to occupancy then 100% of the accommodation fee is forfeited.
If you have not already paid an amount equivalent to or greater than the amount to be forfeited pursuant to clause 5.1 , then you are liable to pay the balance.
A notice of cancellation received outside of normal business hours is deemed to have been received on the next business day.
No refunds are payable if you decide to shorten your stay after arrival.
If you are a 'no show' for the Booking and payment has not been received, you remain liable for the full accommodation fee and any other payments under these terms.
If there is a state, national or international event preventing you from travelling to the Property which is beyond your control (for example, a government health directive) then, provided you promptly give the Owner notice, the Booking will be cancelled and any moneys paid will be credited against any booking of the Property by you for a period within 12 months of the original booking.
The Owner reserves the right to cancel (subject to a full refund) a booking if they deem the property to be unsuitable for you or your guests.
. Prices
All prices are in Australian dollars and, unless otherwise stated, exclusive of Goods and Services Tax (GST).
All bookings must be for a minimum of 3 nights for long weekends, 4 nights for Easter, 7 nights for Christmas/New Year and 2 nights at other times.
Extensions made to bookings while staying at a property are subject to prior written agreement (including as to price) and must be paid for within 24 hours of agreement.
Re-bookings for April, October, December & January SA school holidays and SA public holidays may be made with the Owner anytime during your stay.
You have the first option to re-book the premises for the same dates the following year if available.
Once you vacate the Property this option is lost.
Re-bookings can only be made by notice to the Owner and will only be accepted if the previous occupancy has been satisfactory.
The fees and bonds applicable to the re-booking will be those advertised for the property at the time that such notice is given.
. Payments
A deposit of $200 is payable to the Owner within 48 hours of the acceptance of the booking by the Owner.
The balance of the accommodation fee and any bond must be paid to the Owner within 14 days of the acceptance of the booking by the Owner.
Fees and bonds where the start of the Booking is less than 21 days after agreement must be paid in full within 24 hours of the agreement
. Property Information
An information folder is provided at the property. Please familiarise yourself with this information as it can help to answer questions regarding the property and your stay.
The property is self-contained and is not serviced mid-stay.
. What To Bring
Personal requirements and consumables are not supplied by the Owner.
Minimal quantities of toilet paper, washing powders & detergents, and soap will be supplied by the Owner. You and your guests must bring their own items for the length of their stay.
No food is provided by the Owner. You need to bring your own tea, coffee, sugar, salt, pepper and other food items.
. Keys
The keys for the property are inside a key safe located by the back door to the property. The combination lock for the key safe will be provided to you not less than 24 hours prior to your arrival.
You must not provide the combination to any other person.
Please do not tamper with the key safe, as this may require replacement at your cost.
If keys are misplaced by you or your guest, you must pay a service fee of $55 (or the actual cost whichever is greater) to let you in and supply a spare set of keys.
If keys cannot be located within 24 hours or prior to the end of the booking then the keys will be deemed to be a lost.
Upon departure, you must secure the property, return the keys to the key safe and scramble the key safe code to lock.
If the keys are lost, the keys are not returned to the key safe or the key safe combination is not scrambled then you must pay a $300 fee (or the actual cost whichever is greater) for changing the locks and key cutting.
You must not enter or exit any building upon the Property other than by a door and, if the door is locked, the Owner’s key
. Arrival
You must give notice to the Owner immediately upon arrival of any damage, faults or breakage to the Property and its contents.
If the Property is reported as dirty or with damage, the Owner reserves the right to inspect and have the property cleaned or repairs made during the Booking.
If no contact regarding the condition of the Property is made:
You will deemed to have accepted the Property in the condition upon arrival.
Any damage/fault will be considered to have occurred during the Booking and you will be liable for the same.
All damages and extra cleaning will be deducted from the any bond paid by you.
You may be required to turn on power and hot water at the meter box upon arrival. Please note that if the power is off, you may not have hot water until the following morning.
. Check-in & Check-out
Check-in is from 2.00pm, except by prior written agreement.
Check-out is by 11.00am, except by prior written agreement.
. No Smoking
There is strictly no smoking inside the Property. If smoking has taken place inside the Property during the Booking or smoke is smelt inside during or at the end of the Booking then $200 will be deducted from your bonds.
You must dispose of butts in the bin or in the disposal tin provided.
. Cancellation by Owner
The Booking is accepted by the Owner in good faith but is subject to change prior to the commencement of the Booking. In the unlikely event that this happens, the Owner will assist in finding a suitable alternative.
The Owner may terminate the Booking, without being liable for any loss occasioned to you, if:
The Property becomes uninhabitable or damaged prior to the Booking;
Repair or maintenance work is due to be carried out upon the Property during the Booking; or
Any event beyond the control of the Owner renders the performance of this agreement by the Owner impossible or impracticable.
If the Owner terminates the Booking pursuant to clause 14.1 or 14.2 then the Owner shall refund the accommodation fee and any bond in full to you.
. During Your Stay
You must not move furniture around the Property.
You must not remove the Owner’s possessions from the Property.
You and your guests and invitees must not be a nuisance to the neighbours including by making excessive noise. Reports of constant noise by neighbours or the police may result in termination of the Booking.
From time to time, there may be mice in at the property which is part of rural living. Mice can be difficult to control in the winter months as they are seeking warmth.
You must empty any dead mice in mouse traps, re-set mouse traps and keeping doors closed.
The Owner is not liable for any loss or damage suffered by you or your guests or invitee caused by pests.
. Electricity, Gas & Hot Water
Electricity is included in the rental cost.
All gas (household and barbecue) is included in the rental cost.
If gas bottles run out, you must switch to the other bottle and give the Owner notice of the bottle changeover.
. Cleaning & Departure Process
You must:
Empty your general waste into the red-lidded waste bin and recycling into the yellow-lidded recycling bin.
Take with you any rubbish not contained within a bin or overflowing a bin.
Wash, wipe and put away any crockery and cutlery (including in the dishwasher.
Remove any food scraps and clean the barbecue.
Dispose of any cigarette butts in the rubbish bin (red lid).
Remove any food from the fridge and freezer and wipe any spills.
Leave the property in a clean & tidy condition.
Lock all windows and doors and leave things as they were found (eg hot water).
Clean the barbeque.
If the barbeque is not properly cleaned by you, you will be liable to pay a $50 barbecue cleaning fee.
The Owner reserves the right to charge an additional fee if any of the above is not done on departure. Any charges will be invoiced to you and/or recouped from any bond.
All other cleaning will be undertaken by the Owner.
You must pay a cleaning fee at the time of booking to cover the cost of the cleaning by the Owner.
. Rubbish & Recycling
All rubbish and recycling must be contained within the appropriate wheelie bin. If it does not fit, you must take it with you.
Red-lidded garbage bin is for general garbage and yellow-lidded bin is for recyclable items only. If the recycling bin is contaminated with waste you may be required to pay an additional fee.
. Property Damage
You must promptly give notice to the Owner of:
Any damage to the Property;
Any maintenance or repair issues to the Property; and
if the Property is dirty upon your arrival or departure.
Costs to repair damage not advised upon arrival, will be invoiced to you, recouped from any bond or the balance is payable by you.
You are liable for the cost of repairing any damage or loss to the Property and its contents that occurs during your stay, except for fair wear and tear, whether accidental, deliberate, negligent or otherwise caused and whether as a result of your actions or omissions or those of your guests or invitees.
If the bonds are insufficient to meet any amount payable under these terms, then you are liable for the additional costs incurred and the balance is to be paid within 2 weeks of invoice to the you.
If a property is dirty, damaged or requires repair, the Owner reserves the right to inspect and have the property cleaned or repairs made as soon as possible or practical.
Should you request a tradesperson to carry out a repair that is not urgent, the cost will be borne by the you.
If the Owner arranges a maintenance or repair person to attend, and you turn them away, refuse access or unreasonably delay access then the cost of any callout is to be paid by you.
No responsibility will be accepted for maintenance or repair costs incurred by you without prior agreement.
If re-tuning of televisions or other electronic equipment is required following the Booking then you will be liable for any costs incurred.
. Lost Property & Retrieved Items
Please check carefully before you leave the property, as the Owner is not liable for any items left behind and cannot guarantee that such items will be found and returned to you.
If you give the Owner notice that an item has been left behind by you and the Owner is able to retrieve it then you must pay a minimum charge of $30 plus postage prior to the items being posted to you.
The owner will not be liable for any loss or damage to such items, whether as bailee or otherwise, and howsoever occurring and whether by accident, deliberate act, negligence or otherwise.
. Default
If any of these Terms provides for the termination of the Booking by the Owner, other than pursuant to clause 14 , then you will not be entitled to any refund of the accommodation fee.
Terms relating to payment of the deposit, accommodation fee and bonds are essential terms of these terms and a breach of the term will entitle the Owner, at the Owner’s option, to treat the breach as a fundamental breach of these terms and:
You will be liable in full for any accommodation fee or other payment due hereunder; and
The Owner may, upon notice to you, cancel the Booking and thereafter will be under no obligation to provide you with accommodation.
If the Property is unable to be let as a result of any acts or omissions of you, your guests or invitees then you are liable for any loss or damages incurred by the Owner, including loss of rental and loss or damage to the Property, as a result of such acts or omissions.
The Owner is not liable for any loss or damage sustained by you, your guests and invitees during the Booking arising from any negligent or reckless act or omission of the Owner and you hereby indemnify the Owner against any claim by any person, and the costs of defending such claim, in respect to such loss or damage.
You indemnify the Owner from and against all and any actions claims demands losses damages costs and expenses for which the Owner shall or may be or become liable in respect of or arising from loss damage or injury to property or persons:
Caused or contributed to in any manner whatsoever by the use or possession of the premises by You, your guests or invitees.
Within or without the Property caused or contributed to by any act omission neglect breach or default of you, your guests or invitees or any person on the Property by lawful licence of you.
. Notice
“Agreement” means an agreement between you and the Owner.
“Booking” means the tenancy of the Property by you for the period specified agreed by the Owner.
“Owner” means Guy Michael West Harley of POB Box 8133 Parafield Gardens SA 5107
“Owner” includes the duly authorised employees and agents of the Owner
“Property” means the land situated at 4333 South Coast Road Warooka SA 5577 consisting od 42 hectares and residential building, sheds, container, fixtures, fittings, plant and equipment located thereon.
Any notice to be given to the Owner must be sent by email to guy@harley.net.au
Where the agreement of you and the Owner is required by these terms then such agreement must be in writing and made prior to the event the subject of the agreement.
Any payment to be made to the Owner by you must be made by bank transfer to the nominated account.
. Jurisdiction
This agreement shall be governed by and construed according to the laws in force in the State of South Australia, and the parties agree to submit to the jurisdiction of courts and tribunals of that State.