Terms and Conditions of Rental
The owner of the property, hereinafter referred to as the owner, offers the short term rental/letting of the property, to the person of 21 years or over named as the party leader and to the named party members (on the booking form), hereinafter referred to as the guest, under the terms set out below.
The owner will provide a written quotation by email showing the total rental fee to the guest for the property. Quotations are valid for 30 days, unless and until the property is either booked by a third party, or the owner receives a deposit for the same dates (or part thereof) from any party. Where the guest agrees by email or other written device to book the property, and supplies a completed and signed booking form, and payment of a deposit of a minimum of 20% of the rental rate due clears in the owner’s bank account, the owner will provide a booking confirmation to the guest by email. Only on receipt of this emailed confirmation from the owner is the booking determined as confirmed.
The guest agrees that payment of the rental deposit sum to the owner will signify their full acceptance of these Terms and Conditions of Rental. The guest further acknowledges that by payment of the deposit sum, the guest has received copies of, and/or read and accepted these Terms of Conditions of Rental.
The guest agrees and acknowledges that the owner will not release the property or any service prior to receipt by the owner of payment in full. Failure of the guest to pay rental or for any service will result in removal or refusal to supply said service, including, but not limited to provision of accommodation in the property. Such removal and or refusal will not alter the terms and penalties associated with cancellation.
The guest agrees to pay the total rental fee as shown on the booking form eight weeks prior to arrival at the property, or at the time of booking if the proposed arrival time is less than eight weeks from the time of booking. In the event of late payment, or failure to pay, the owner reserves the rights to levy the cancellation penalty percentage charges against any money that the guest has paid in advance and cancel the booking of the guest. Where the money paid in advance is insufficient to cover the calculated percentage, the owner reserves the right to exercise any legal remedies to pursue the amount owed by the guest.
Where the guest chooses to amend their booking, resulting in a change of dates of the stay, a $35 booking administration fee will be levied. Where the guest alters the booking resulting in a reduction in the number of nights, the owner will charge the $35 booking administration fee in addition to the cancellation fee warranted against the number of nights cancelled as described below.
The owner reserves the right to amend rates at any time. Pre-existing reservations, where the guest has made a payment, will remain at the pre-increase pricing.
The guest agrees, and the owner permits the rental period to begin and end on the dates shown as the rental period (as shown on the booking form).
Check-in to the property is after 4:00pm on the date of arrival as shown on the booking form. At the sole discretion of the owner, any guest arriving to collect keys before that time may be refused entry. Where early check-in is available, the guest will pay a minimum $50 charge on collection.
Check-out is on the date of departure as shown on the booking form, at 10:00am. All keys must be returned to the property’s lock-box 10:00 am on the date of departure. Should the guest require a late check-out, the guest must have agreed such a departure time with the owner (or the owner’s management company) not less than three days prior to the departure date. If the owner is able to accommodate the request of the guest, then there is a minimum charge of $50 payable in advance. In the event that it is found that the guest has not departed the property on the date of departure, at the due time, then the guest will pay a penalty charge of $100.
Basis of Rental
The property is provided on a self-catering basis. The owner provides a complimentary starter pack of toiletries, including soap, toilet paper, trash bags, etc. Once these items are used, it is the guest’s responsibility to replenish them. The guest may elect to order groceries and supplies in advance from the owner at the charges set out.
Damage or Loss
The guest has paid either a refundable security deposit, or a guest insurance premium, to the owner prior to arrival. The guest agrees that the party leader remains responsible for all loss from the property or its inventory during the rental period.
The guest agrees that the owner can charge additional fees to cover:
? Early arrival or late departure charges
? Non-return of keys
? Loss or breakage of inventory items
? Damage to the property or its equipment
? Unauthorised pets
Where loss or damage to the property, the inventory, or equipment exceeds the amount of the security deposit, or the amount covered by the guest insurance policy ($1,500) the owner will bill the guest for the shortfall, and the guest agrees to pay within 14 days. In the event that the guest fails to pay any such shortfall, the owner reserves the right to exercise any legal remedies to pursue the amount owed from the guest. Where the owner finds damage or loss to the property following the guest’s departure that, in the view of the owner, constitutes malicious or wanton damage, the owner reserves the right to notify law enforcement authorities and prosecute, in addition to billing the guest for the full amount of repair or replacement, and the guest agrees to pay within 14 days.
Pets are not permitted in the property. Guests with pets are advised to place their pet at another facility. The owner of the property cannot be held liable for any loss or injury to a pet while staying at the property, or for any action taken by the pet or pet owner against third parties. In the event that the guest brings a pet to the property, the owner will levy a charge of $100 per bedroom per week to the guest, to pay for additional sanitation and cleaning on the departure of the guest and pet. Failure to pay the charge described above, or refusal, will result in the guest’s eviction from the property, and loss of all rental money paid.
The guest may cancel their booking at any time up to or during the rental period. In the event that the guest exercises their right to cancel, the owner will levy the following cancellation penalty percentage rates of the total rental fee (amount shown on the booking confirmation):
? Up to eight weeks prior to the arrival date - 20%
? Between 30 and 60 days prior to the arrival date - 50%
? Between 15 and 30 days prior to the arrival date - 75%
? Less than 15 days prior to the arrival date - 100%
The owner regrets that it is unable to waive any of the cancellation charges above, whatever the circumstances. The owner recommends that all guests take out adequate cancellation or vacation insurance either through their insurance broker or travel agent.
The owner agrees to a Service Level for the remedy of any problems found at the property, either on arrival of the guest, or during the rental period, as follows. The owner agrees to provide a maximum four-hour response to remedy problems that, at the sole discretion of the owner, constitute emergencies, which would affect the safety of the guest. Any problems arising during the rental period at the property that do not constitute an emergency as determined by the owner will be remedied during or after the rental period, based on the severity of the problem, at the sole discretion of the owner.
Limitation of Liability
The owner makes all reasonable efforts to provide advice and safety information. This information can be found in the information folder at the property. It is the responsibility of the guest to ensure that they have read and understood the contents and advice given following arrival at the property. The owner is willing to provide any and all further information pertaining to the property providing the guest has first read the information folder. In addition, the owner states the following:
? The owner will not release the physical address of the property to the guest prior to full payment being made to the owner. This is a security measure.
? The owner does not accept liability for equipment failure and or services in the property. In the event of failure of equipment, the guest must notify the owner’s management company within one working day such that the management company may elect to effect a remedy to the failure.
? The owner does not accept liability for lost or stolen personal property of the guest from the property during the rental period. The owner provides information and advice in the information folder to the guest in an advisory capacity only, with no guarantee or promise of security, even where the guest makes use of any advice given by the owner or its representatives. In the event that property of the guest is lost or stolen, the guest should advise the appropriate authority first, and then the owner’s management company, of the lost or stolen items. The management company will either make good and secure the property, or will transfer the guest to another property, where the original cannot be secured, and this will be the extent of its liability to the guest under such circumstances.
? The owner or its representatives may enter the property at any time, without notice, for the purposes of protection and/or maintenance of the property. Wherever possible, the owner will provide notice to the guest prior to such entrance.
? The owner accepts no liability for personal loss or injury to the guest during the rental period. The guest must ensure that they have adequate insurance cover. The owner provides information and advice in the information folder to the guest in an advisory capacity only, with no guarantee or promise implied.
? The guest must ensure that children are supervised at all times. It is the policy of the owner that all children under the age of 18 years are not left in rental accommodation unsupervised during the rental period.
? The owner does not accept any liability for the acts or omissions of any agent. These include but are not limited to, airlines, car-hire companies, travel agents, ticket agents, homeowners, or utility providers.
? The owner does not accept liability for failure of pool heat to provide adequate heating where pool heat is provided via an electrical heat pump, and where the outside air temperature drops below 55° Fahrenheit. Electric heating pumps do not operate effectively below this temperature, and failure of such devices to heat the pool is outside of the owner's control, and is regarded as an act of nature (see below).
? The owner does not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force majure that may have a deleterious effect on the guest.
? The owner does not accept liability for removal of the property from the marketplace, or transfer of the property to another owner by the owner that results in the property becoming unavailable for the rental period. Wherever such an event occurs, the owner will offer the guest a suitable alternative accommodation of equal or better quality, subject to availability. In the event that the guest refuses the offered alternate property, then the guest may cancel the booking, and the owner will refund the total rental fee, less the applicable cancellation penalty percentage rate (shown above).
Where the property is booked by the guest and is subject to a construction discount, which will be clearly notified on the quotation, or on the booking confirmation to the guest, the discount is the sole compensation offered to the guest for any inconvenience caused by protracted construction, ie, that which continues for greater than a four-week period, within 150 feet of the property.
Failure to comply with any of the terms herein will, at the sole discretion of the owner, result in the eviction of the guest from the property, without recompense or refund.