VALLEY CREST ESTATE Terms and Conditions
ACCEPTANCE
When you make a booking, these Terms and Conditions are deemed to have been read and accepted by you on behalf of yourself, all other occupants and any visitors covered by this booking and form the basis of the agreement between you and the Property manager/owner for the holiday rental Valley Crest Estate and form together with all other terms and conditions set out below. The person/company making the booking is held responsible for the conduct of all other occupants and any visitors covered by this booking, including the condition of the property, its contents and surroundings.
CANCELLATION & CHANGE OF BOOKING POLICY
We strongly recommend that you take out travel insurance as we do not cover for extenuating circumstances such as natural disasters, pandemics, government restrictions on home gatherings, acts of god, force majeure events, illness or injury or other circumstances that may force you to cancel your accommodation.
We strongly recommend that you take travel insurance as we do not cover for extenuating circumstances such as natural disasters, pandemics, government restrictions on home gatherings, acts of god, force majeure events or other circumstances that may force you to cancel your accommodation. The following cancellation fees apply :
- a $500 cancellation fee applies when the booking is cancelled 90 days or more from booking commencement date
- a $750 cancellation fee applies when the booking is cancelled between 60 and 89 days from booking commencement date
- a cancellation fee of 50% of the value of the booking tariff applies when the booking is cancelled between 59 and 30 days from booking commencement date
- no refund of booking tariff for cancellations made with less than 30 days notice.
INSPECT PROPERTY ON ARRIVAL
Before your check in at the accommodation any pre-existing issues or damage known to us will be advised either with a written letter or via text and/or photos. You agree to read this, inspect the property before unpacking, taking any photos if you wish. If any damage is found which is not listed, you must call us immediately. We do not record basic wear and tear like scuffed walls and floors. This condition is designed to protect you, the guest, from being incorrectly blamed for any pre-existing damage. Guests are not to undertake or authorise any repairs to the property without permission. DO NOT wait until you check out to inform us of any issues please.
DAMAGE
Whilst you and your guests are in occupation, you are fully responsible for all breakages and damage caused or potential risk or liability caused to the property, its furniture, fittings, or any consequent loss suffered by the property owner. It takes significant time and resources to reinstate the property to its original condition after damage, and often this has to be undertaken urgently/same day before next check in. Guests will be charged for associated costs inclusive of replacement item/s, delivery cost, management time for purchases, disposal of larger damaged items (if required). Time will be charged at $75+gst per hour or part thereof. Photographic evidence of damaged items or other issues will be provided. Any breakages, damage or loss must be reported IMMEDIATELY to the manager. Reporting any breakages at the property gives you a better chance of leniency regarding return of your bond. Hiding or trying to cover up an issue will be found by our very thorough and experienced cleaners, so please don’t try.
MAXIMUM GUESTS
The maximum number of occupants at the property is limited to the number shown in the booking confirmation email. Under no circumstances will the number of people occupying the property be greater than that specified. We do not allow guests to stay in tents, swags, campers, camper trailers, caravans or camper vans. If the maximum number of occupants is breached then they may be directed to leave the property and there will be no refund for any unused portion of the booking.
VISITORS
You can invite visitors to the property, but they are not permitted to stay overnight. You are responsible for any damage caused by visitors. You must control all visitors and ensure visitors comply with these Terms and Conditions. We allow up to 8 visitors, unless agreed to prior with the Property Manager. Whilst visitors are permitted, they are NOT to stay overnight, and the number of visitors must be managed to ensure there is no burden on the property or neighbouring properties. Socialising must not unreasonably interfere with neighbours and visitors must leave the property by no later than 12:00am.
EXPECTED BEHAVIOUR
You, any occupants and any visitors covered by this booking agree to comply with these Terms and Conditions, Planning Approvals, and Local Government by-laws. Refrain from anti-social behaviour and respect the residential amenity and abide by noise curfews.
EVENTS/FUNCTIONS/PARTIES/WEDDINGS
You, any occupants and any visitors covered by this booking may NOT hold any function/party/event/wedding, or any function/party/event/wedding to which you invite other visitors, without our consent. The intention behind this is that the property is for the enjoyment of you, any occupants and any visitors covered by this booking and to comply with normal insurance provisions and protect the property from damage and undue wear and tear. Socializing must not unreasonably interfere with neighbours and must cease no later than 10:00pm outdoors. If we do choose to permit a function, it is only via written agreement and set out under a separate function terms and agreement contract in addition to these terms and agreement.
Functions include but not limited to wedding, birthdays, bucks parties, hens nights and any other special celebrations or parties. The basis of our accommodation is family orientated, with guests enjoying the surrounding area activities and not as a primary place for “functions”.
TENANCY
This Agreement is for the purposes of a holiday rental only and does not create the relationship of Landlord and Tenant between you and the Property Owner. You will not be entitled to a tenancy or to any other form of statutory security of tenure as a result of this Agreement.
REFUNDABLE DAMAGE DEPOSIT/BOND
This will be held and refunded to you within 14 days after your departure, provided the property is left in the same condition as at the commencement of your stay and you have not broken any of these terms and conditions. You accept that your bond may be used for breach of any terms and conditions listed from 1 – 23. If using Credit Card payment method, you will see the REFUNDABLE DAMAGE DEPOSIT/BOND credited to your Credit Card approximately 5-10 business days later.
PROPERTY DESCRIPTION
Every effort is made to properly describe or portray the property as accurately as possible in good faith. No responsibility is accepted for any error or misrepresentation and no refunds will be given. There may be slight variance to the property compared to photos provided, as work and maintenance is carried out on the premises from time to time.
CONTRACT
The rental contact is between you and the Property Owner/Manager for which the accommodation booking is made and is subject to the terms and conditions herein. The contract for accommodation shall not be effective until the Property Owner/Manager sends you written confirmation of the booking. You are making the booking as the responsible person and are acting for and behalf of yourself, any occupants and any visitors covered by this booking. You are to forward these Terms and Conditions to any occupants covered by this booking.
MAINTAINING THE PROPERTY
Guests are not permitted beyond the farm fence gate at the lower end of the property. We have a small amount of livestock in this paddock that need to be kept safe. Furniture in the property is not to be moved without permission. All occupants are required to maintain the property in a safe, clean and hygienic state during the stay. No driving on lawn areas is permitted. When leaving the property, guests are required to lock all windows and external doors and turn lights, heating and air-conditioning off. At the end of your stay dishes must be cleaned and left to dry, dishwasher left empty if possible, fridge and BBQ cleaned. You are NOT expected to make beds, clean bathrooms or toilets. All cigarette butts are to be placed in bins and not to be left on the grounds. Any additional cleaning resulting from the above requirements not being met will be deducted from the bond. There is a NO SHOES policy in the carpeted areas of the house. Should the carpets need steam cleaning after your stay due to excessive dirt/staining/marks, costs for steam cleaning will be deducted from your bond.
RUBBISH
Bins are to be placed on roadside on SUNDAY night. On check out, please remove all rubbish from internal bins and grounds and place it in the council bins provided. All boxes MUST be broken down before placing in bins. If you have excess rubbish, do NOT leave rubbish beside the bins on the road. Take over flow rubbish home with you or call management. Please ensure as much rubbish as possible is put into the council bins on Sunday, and place bins at driveway before your departure. During your occupation, do not leave rubbish outside due to wild life breaking through bags.
SAFETY
All occupants agree that various items at the Property including toys, games and equipment will be checked by adults to ensure they are age appropriate and safe for their children to use. Children should only use these items under adult supervision. All items that are used are to be cleaned and returned to their original position. Only ONE person is permitted to use the trampoline at any one time and any child using the trampoline MUST be under adult supervision. Children using the pool MUST be under adult supervision AT ALL times. There is to be absolutely NO Diving off the swimming pool rocks. No responsibility lies with the Property Manager or Owners for the use of these items.
The house is in a rural area, and native wildlife frequently come to the property to graze, particularly at night. We ask that guests take care around native wildlife, do not approach any animals – including birds, and be mindful of children on the property, particularly at night time. Animals that are frequently seen include kangaroos, wallabies, foxes, rabbits, echnidas, wombats and many native birds. No responsibility lies with the Property Manager or Owners for any damage or injury incurred from native wildlife.
Three (3) sheep live on the property, in the lower paddock. The sheep are in a fenced off paddock and guests are not permitted in this area, or to approach or pet the sheep. No responsibility lies with the Property Manager or Owners for any damage or injury incurred from approaching our sheep.
FIRES, SMOKING & PETS NOT ALLOWED – FIRES are NOT permitted. There is strictly NO smoking inside the property. Any cigarette butts must be put out and placed in an appropriate rubbish bin. Pets are NOT permitted, and we ask you to leave them at home, otherwise your entire bond will be forfeited so that an intensive and comprehensive clean of the accommodation can be performed.
NO PORTABLE COOKING APPLIANCES ALLOWED
No table cooking is permitted. Guest are not permitted to use their own wood, charcoal, gas, butane or electric portable cooking devices inside the accommodation apart from those supplied. Cooking is to be done under the exhaust fan for the benefit of all guests.
TRAVEL INSURANCE
You, any occupants and any visitors covered by this booking are advised that all personal belongings, luggage, vehicles and other property of the occupants of any description whatsoever will be at the sole risk of the occupants at all times. The Property Owner/Manager will not be held responsible for the theft, loss or damage of any personal property belonging to the occupants. It is strongly recommended that occupants arrange travel insurance. Personal items accidentally left by any guest can be returned to you at a shipping and handling cost of $35 plus postage
CHECK IN/CHECK OUT
Check-In time is from 3pm and Check-Out time is by 10am. We appreciate your co-operation in adhering to these times. Please advise all guests they are not to arrive prior to 3pm as essential works at the property are often still in progress up to this time. If cleaners are delayed waiting by guests departing after 10am, all cleaners fees are $50 per hour for time waiting (which are charged to us) and will be deducted from the bond.
IDENTIFICATION
We reserve to right to ask for photographic identification of all adult guests staying at the property. We reserve the right to cancel your booking without penalty if you do not provide valid photographic identification. If you are booking on behalf of someone or for a group and you are not staying at the accommodation, you must inform us at the time of booking, or we may cancel the booking without penalty. For all guests under 18 years, please provide names and ages.
NOISE
We are located in a quiet rural location with neighbouring properties. We highly value the reputation of our business and disturbance to neighbours, including excessive noise is prohibited and may result in the termination of the booking. After 10pm, guests must limit all outdoor noise including loud music, portable speakers, yelling, singing etc as this behaviour negatively impacts our neighbours. Neighbours can and do call the Police about excessive noise from guests at the property. Please be aware that If Police attend the property in response to noise complaints or other unsociable behaviour, your entire bond may be retained, and you may be asked to vacate the property.
POOL SERVICING
From time to time, the swimming pool is serviced. The serviceman will enter from the Kinglake side entrance and service all equipment to the side of the house as well as checking the pool chemicals to maintain optimal cleanliness and safety for guests.
WATER & SEPTIC SYSTEMs
Please do not play with, tamper or disconnect ANY infrastructure on the property, and ensure children are supervised around this. If a plug is connected to a socket, please do not touch it!
We have a septic sewerage system as mains sewer is not available in the area. Please do not flush any foreign objects including any sanitary products down the toilet as this will cause the septic system to block and will make bathrooms, toilets, kitchen and water UNAVAILABLE. Regrettably the cost of any blockage repairs will be deducted from the bond.
DISCLAIMER – The Property owner or manager will not be held responsible nor liable for:
Any injury or loss suffered by the occupants, their invitees or guests whatsoever or howsoever caused whilst in occupancy of the holiday accommodation due to failure to comply with these Terms and Conditions
Any injury or loss suffered by the occupants, their invitees or guests whatsoever or howsoever caused due to negligence on my/our/their part
Any injury or loss suffered by the occupants, their invitees or guest whatsoever or howsoever caused as a result of insects or wildlife in or around the holiday accommodation site. All occupants are to take specific care at all times within this rural area and requested not to approach any such wildlife under any circumstance.
Any noise, disturbance or inconvenience caused as a result of renovation/building/road works being carried out in or near the vicinity of the holiday accommodation.
Activities, events or attractions being unavailable, cancelled, postponed or inaccessible
VALLEY CREST ESTATE: Swimming Pool Waiver and Release of Liability
Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement
PLEASE READ THIS SECTION CAREFULLY. BY AGREEING TO THIS CONDITION, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
I, and all guests under my booking as well as any other person visiting during my stay, intend to use the pool facilities for the duration of our stay at Valley Crest Estate. By using the pool and surrounding area, I acknowledge and fully understand certain information, including:
• At no time is there a lifeguard on duty. I understand that I (as the renter of the property) I am fully responsible for the safe operation of the pool and surrounds, and I am responsible for all persons using the pool during the stay.
• My use of the pool facilities during my stay involves certain risks, including but not limited to:
1. The risk of injury resulting from possible malfunction of the pool equipment;
2. The risk of injuries resulting from tripping or falling over obstacles in the pool area;
3. The risk of injuries resulting from unsupervised divers and swimmers colliding;
4. The risk of drowning or other injuries resulting from participating in any activity in or around the pool.
• I recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that I am assuming. In exchange for the Owner allowing me to utilise the pool and surrounding area during my
stay, I hereby agree to the conditions below. I fully intend and choose to give up all legal rights, as stated below.
Note: Refusal to adhere to this particular condition and this Waiver will mean the pool is not accessible or able to be used by any guests during their stay.
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Owner, its directors, officers, employees, agents, or representatives (hereinafter referred to as the “Releasees”) relating to my use of the pool and pool area;
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, expense, or other cost that I may suffer or that my next of kin may suffer or my guests may suffer in connection with my use of the Releasees’ pool or pool area to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property, or personal injury to, any third party, resulting from the use of the pool or pool area
4. I acknowledge that I am over the age of 18 and that I am responsible and will adhere to all the rules of the property;
5. That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me, and my heirs, next of kin, executors, administrators, and assigns, or anyone else authorized to act on my behalf or on behalf of my estate. I have read and understood this condition. I am aware that by agreeing to this condition I am waiving certain legal rights that I may have against the Releasees, and I fully agree to do so.
I have read and agree to the Terms and Conditions including the Swimming Pool Waiver