Terms & Conditions of Use and Occupation
Terms & Conditions of Use and Occupation
By booking with or into a Noosa4Sale T/A Noosa4Holidays property, you and all accompanying guests agree to be bound by the following Terms & Conditions. We may revise these Terms & Conditions from time to time by updating our website. The revised terms will take effect from when they are posted.
These Terms and Conditions bind all Guest(s) and other occupants of or visitors to the Property during this reservation.
Failure to comply with any of these Terms and Conditions may result in immediate termination of this reservation and eviction from the Property. Refunds will not be provided upon termination or eviction.
Noosa4Sale Pty Ltd T/A Noosa4Holidays (Noosa4Holidays) act as the Agent of the Owner of the Property and accept reservations in that capacity in accordance with these Terms and Conditions.
Licence to Occupy
The Property is a residential dwelling within the Noosa community used for Guest Accommodation. Guest accommodation is for short-term residential purposes only, and not covered by the Residential Tenancies Act.
Noosa4Holidays reserves the right to refuse any booking that it feels may be inappropriate or that falls across the period of Schoolies Weeks.
The Property is to be used strictly as a residential dwelling for the number of occupants nominated on the Guest Registration Form. The premises are let to accommodate only the number of people specified in the booking, for the period specified in the booking.
Overloading will render the guests liable for extra charges and risk immediate eviction and forfeiture of any unused tariff.
The use of the Property for a function, a party, a wedding or other gathering of more than the nominated number of occupants is STRICTLY PROHIBITED.
The Property is not to be used for any other purpose or by any greater number of occupants.
If you use the Property for a function, a party, a wedding or other gathering of more than the nominated number of occupants or other than as a residential dwelling for residential purposes:-
(a) your reservation of the Property will be terminated;
(b) the Guest(s) and other occupants of the Property will be removed from the Property;
(c) the Guest(s) agrees to pay an additional tariff of of between $1000 and $5000. This fee will be determined at the absolute discretion of the property manager, is non-negotiable and will be debited from your credit card, or recovered by other means. In addition to this fee, additional cleaning and repair/replacement costs may be charged.
If the credit available on the credit card provided is insufficient to pay or reimburse the whole of the balance tariff, cost or expense and/or additional tariff, the Guest(s) agree that they are jointly and severally liable to pay to or reimburse Noosa4Holidays or the Owner(s) of the Property for any outstanding amount as a debt due and payable by the Guest(s) to the Owner of the Property.
All occupants of or visitors to the Property MUST comply with any Body Corporate by-laws and rules applicable to the Property or which regulate the behaviour of occupants of or visitors to the Property.
Noise & Nuisance
Occupants of and visitors to the Property will not create (or allow to be created) any noise or other nuisance, within or emanating from the Property. Failure to comply with Body Corporate by-laws or rules or the creation of noise or other nuisance in or from the Property, may result in the termination of the reservation of the Property and removal of the Guest(s) and other occupants from the Property.
Care of the premises, and the peace and comfort of surrounding residents must be respected at all times. The property manager will investigate reports of, or suspicion of property damage and/or antisocial behaviour. Such behaviour may, at the absolute discretion of the property manager, result in immediate eviction and forfeiture of any unused tariff.
A security company will investigate complaints of excessive noise or anti-social behaviour. This will incur a call out charge payable by the Guest(s) which will be debited from your credit card. After one warning for excessive noise or anti-social behaviour or disturbance complaints by neighbours, the reservation will be terminated, Guest(s) will be evicted from the premises and you agree that the tariff applicable to the balance of this reservation will be forfeited to the Owner of the Property.
Loss or Damage
Guests are responsible for any loss or damage to fittings, fixtures and any items in the premises, including keys and remote controls, WHETHER ACCIDENTAL OR OTHERWISE. Guests will be charged for the repair or replacement of any such loss or damage at the absolute discretion of the property manager. All damage and/or losses are to be reported immediately.
Acceptance of keys and giving us credit card details is approval by you for us to charge you for any damage or loss reported, or discovered after checkout.
Noosa4Holidays accepts no responsibility for guests personal property left on the property. The guest is responsible for maintaining the security of the property throughout, and immediately after their stay. Any loss of items from or damage to the property resulting from the windows and/or doors being left unlocked may be recovered from the guest by whatever means available to the property manager and/or property owner.
Noosa4Holidays is not responsible for any mis-description of the Property or changes to the Property that differ from representations (including the tariff payable).
All bookings must be made by a person over 21 years of age. At check-in, proof of identity will be required.
The named Guest(s) must be present during the entire reservation.
To make your booking and confirm this reservation you must pay in full.
When making your booking guest(s) will provide Noosa4Holidays with a credit card for the purposes of this reservation.
You agree to a 3% credit card surcharge will be added to the booking.
You authorise Noosa4Holidays to debit that credit card to pay or reimburse Noosa4Holidays or the Owner of the Property for any balance of the tariff or any cost or expense, damage, breakage or other loss applicable to or arising out of the use and occupation of the Property during this reservation (including but not limited to telephone charges, hire and cleaning charges and the repair and/or reinstatement of the Property) and any cost or expense incurred due to the operation of these Terms and Conditions including but not limited to, any charges incurred with or by Noosa4Holidays, Police, Fire or other emergency services or security personnel and any additional tariff payable by the Guest(s)).
Check-in / Check-out
Check-in is required from 2.00pm on the Arrival Date. Early check-in is not available. The named Guest(s) must be present upon check-in to collect keys and present identification.
Check-out is required by no later than 10am on the Departure Date. Upon check-out, the named Guest(s) must return keys to Noosa4Holidays per instructions provided. Late check-out is generally not available. We do our best to accommodate everyon, but the time limits between checkout, cleaning and next guest check-in are too tight.
Any key(s), remote control or alarm device that is lost or damaged will be replaced or repaired at your cost. This may include the cost of changing locks or having additional keys cut. Keys will not be provided if a balance of tariff has not been paid.
Late arrivals and emergencies
If you anticipate arriving outside of office hours, please contact us in advance via email or phone to make alternative check-in arrangements. We can provide keys for the Property after hours in the key safe.
Noosa4Holidays will provide you with a phone number for after-hours emergencies. This service is for emergency issues only. If a contractor is called out for a non-emergency, you will be charged a call out fee.
Changes, Refunds and Cancellation
The booking of your reservation is made in good faith but may be subject to change. Noosa4Holidays is not responsible for actions beyond their control such as, if the property is sold or withdrawn from the holiday letting with Noosa4Holidays for any reason, the property is altered in any way, or the owner wants the property for their own use or any other reason.
Guest alterations to the reservations are not permitted within 5 days prior your arrival date.
Alterations to the reservation requested more than 60 days before your arrival date may be approved, at the discretion of Noosa4Holidays provided that the booking remains with the same property as originally booked. The new dates must be within 12 months of original booking and the tariff applied to new booking is the rate at the time of change to booking dates.
Any cancellation of this reservation must be notified to Noosa4Holidays by email.
Cancellations made more than 5 days from reservation date will have all monies paid refunded in full less a $150 cancellation fee.
Cancellations if made less than 5 days from reservation date may result in a 50% refund only.
Cancellations if made less than 5 days out may result in full forfeiture of monies paid by you in respect of the reservation.
No refund or reduction of tariff will be offered for noise from building or renovation work on neighbouring properties. Our properties are located in suburban locations where building or renovation work may be effected to other properties within the vicinity of the Property and that is outside of our control.
Neither Noosa4Holidays nor the Owner are responsible for any noise from neighbouring properties caused by building or renovation work.
Online Travel Agents
If you book through an online booking process, Noosa4Holidays is not responsible for any incorrect information or if you book the wrong property or if the property is double booked. You accept full responsibility when booking through external facilities.
Neither Noosa4Holidays nor the Owner are responsible if the Property is unavailable or is double booked.
No Smoking, No Pets
The Property is a smoke free dwelling and must be kept clean and tidy and free of litter (including cigarette butts) at all times. Guests and visitors to the property are not to smoke on the premises. Those smoking outside the property must properly dispose of all butts and other related material. Any additional cleaning costs associated with smoking will be recovered from the guest.
Pets are NOT ALLOWED on the premises unless the property manager and property owners give prior approval. Pets reported and/or discovered on the property, and found to be in the control of guests or associated people will render the guests liable for extra charges and risk immediate eviction and forfeiture of any unused tariff. All pet friendly properties incur a non-refundable $100 fee
Some properties do not provide car parking. If car parking is provided you must only use the car parking space(s) allocated to the Property and not interfere with the use of common property by others.
It is your responsibility to ensure that your vehicle fits within the car parking space allocated or park your vehicle on the street where space is available. Noosa4Holidays is not responsible for vehicles that don’t fit within allocated spaces
Internet & Air-conditioning
The Property may have a broadband internet connection (wired or wireless). The operation of any internet connection during this reservation is not guaranteed and may be disrupted or unavailable. Neither the Owner of the Property or Noosa4Holidays is responsible for or liable in respect of the availability of or disruption to, any internet connection or its use. Where internet is provided, guests are requested to be responsible in using it and only use it for accessing emails, social media and simple on-line searches. There must be NO streaming or downloading of videos, music or other copyrighted material. Excessive downloads may result in a charge to the guest.
Where air-conditioning is available, it is to be used only when Guests are home, and only with all doors and windows shut. Air-conditioning is to be turned off when exiting the premises.
As with all holiday letting, unexpected situations can cause inconvenience (i.e. electrical and appliance malfunctions, storms, excessive rain, flooding, and basic wear and tear). All reported cases effecting the enjoyment of the property will be dealt with in a diligent and professional manager by the property manager. Noosa4Holidays will use its best endeavours to arrange for the repair or replacement of any part of the Property that fails or malfunctions during this reservation. Neither Noosa4Holidays nor the Owner of the Property are liable for any such failure or malfunction. Neither Noosa4Holidays nor the Owner are obliged to offer any form of refund or compensation to the guest for any such failure or malfunction.
Use of Equipment
Use of equipment in the Property (e.g. bicycles, gymnasium, surf and SUP boards, surf ski, jetski, wind surfing and other like equipment that may or may not be available at the property) by the Guests or occupants of or visitors to the Property, occurs strictly at the risk of the person using that equipment.
Neither the Owner of the Property nor Noosa4Holidays is responsible for or liable in respect of, any injury to the person or damage to the Property, resulting from that use.
We strongly recommend that all use equipment is used with care, under adult supervision, and appropriate protection warn.
Noosa4Holidays recommends that you obtain travel insurance to insure against loss of monies paid, cancellation charges, medical expenses, loss of personal belongings and any other foreseeable loss or expense.
Damage & Security Bond
The Guest(s) is responsible and liable to reimburse the Owner of the Property for any damage to the Property, damage to or breakage of chattels or fixtures and fittings in the Property or any other loss suffered by the Owner as a consequence of the use or occupation of the Property during this reservation. Neither Noosa4Holidays nor the Owner of the Property are liable for any damage to or loss of property of or injury to a Guest(s) or other occupant, visitor or entrant to the Property.
A security bond of $500 is required for all properties.
A valid credit card (Master Card or Visa) imprint or pre-authorisation will be signed/processed at time of check in. If upon inspection of the property following departure there are no outstanding charges this pre-authorisation will be allowed to lapse.
If the property is not left to our satisfaction, Noosa4Holidays will retain the full security bond amount until all additional costs associated with your stay have been finalised. The remainder of your security bond will be transferred back into your nominated bank account.
Refund or retention of all or part of a security bond does not limit the right of Noosa4Holidays to recover further costs to cover damage from the guest through whatever means are available to us.
If Noosa4Holidays believes that these Terms and Conditions have been or are being breached, Noosa4Holidays may inspect the Property at any time during this reservation, upon demand and without notice. Failure to provide access to the Property may result in the termination of this reservation of the Property and removal of the Guest(s) and other occupants from the Property.
If this reservation of the Property is terminated, Noosa4Holidays and/or the Owner of the Property is authorised to do all things necessary to remove the Guest(s) and other occupants from the Property, at your cost. If this reservation of the Property is terminated and the Guest(s) and other occupants are removed from the Property, the tariff applicable to the balance of this reservation will be forfeited to the Owner of the Property. There will be no refund of the tariff.
The Guest(s) authorises Noosa4Holidays to debit any outstanding balance tariff, additional tariff, lock and weir access key charge, after hours check-in charge or other additional charges (such as cleaning) or any costs and expenses incurred pursuant to these Terms and Conditions, to the credit card provided by you. We accept VISA or MasterCard.
Cleaning & Departure
The premises will be cleaned and the linen changed midway through your stay where the booking is for 10 days and more. For longer stays cleaning and linen changes will occur weekly.
Additional cleans, linen, towels, beach towels, etc. can be arranged by Noosa4Sale if advised in advance. Extra charges will apply.
At the end of this reservation the premises must be left in a clean and tidy state or additional cleaning charges may be incurred. On departure, Guests are to ensure:
- all rubbish removed from the Property and placed in allocated outside bins;
- all dishes washed (place in dishwasher and turn on appropriate cycle before leaving);
- the BBQ cleaned with supplied BBQ wipes, or additional cleaning charges will apply;
- the air-conditioning is turned off;
- the Property left secure with all windows and doors closed/locked;
- all furniture and/or decorative items replaced to their original position.
Any additional charges incurred to clean the Property or to repair damage to or otherwise reinstate the Property, will be charged to the credit card provided by you.
Noosa4Holidays will use its best endeavours to ensure windows/doors/louvres/balconies/pools/are clean on your arrival. Neither Noosa4Holidays nor the Owner are responsible for weather conditions that affect these items prior to check-in.
Tariffs are current as per the tariff sheet, brochure and website, and are subject to change without notice. No responsibility is accepted for errors and omissions contained on this website, holiday accommodation brochure or tariff sheet.
A non-refundable booking fee of $50 applies to all bookings if booking directly with Noosa4Holidays.
Reservations do not automatically repeat. If you wish to reserve the same property for the same period the following year YOU MUST make that reservation prior to your departure. Usual reservation arrangements apply.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway. In particular, complaints of a transient nature.
(for example, regarding preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence at the Property.
If any complaint cannot be resolved during your holiday, you must write to us or email us with full details within 28 days of the end of your Booking.
Limit of Liability
Our maximum liability for losses you suffer as a result of us acting in breach of this Booking Contract is strictly limited to the amounts received by us in relation to your Booking.
We shall not be liable for any losses which are not a foreseeable consequence of us breaching this Booking Contract. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you.
This Booking Contract, together with the Cancellation Policy and our confirmation email contain the entire agreement between us and you relating to the booking and shall supersede any previous
agreements, arrangements or discussions between you and us, whether oral or in writing.
No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this Booking Contract.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Booking Contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Booking Contract.
We will not be in breach of this Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, flood, fire, explosion or accident.
Governing law: The law of Queensland governs your use and occupation of the Property during this reservation. You agree to submit to the exclusive jurisdiction of the Courts of Queensland.