Conditions of Tenancy - as at October 2021

Incorporating the Mandatory Short Term Rental Accommodation (STRA) Code of Conduct

 PLEASE READ THESE TERMS AND CONDITIONS OF YOUR HOLIDAY LETTING CAREFULLY AS DEPARTURE FROM THESE PERMITS THE OWNER OR AGENT TO REFUSE THE KEY, AMEND THE RENT, PROCESS A BOND CLAIM OR IMMEDIATELY TERMINATE THE OCCUPANCY. GUESTS MAY ALSO FACE PENALTIES FOR A BREACH OF OBLIGATIONS UNDER THE MANDATORY SHORT TERM RENTAL ACCOMMODATION (STRA) CODE OF CONDUCT INCLUDING WARNING NOTICES, FINES AND BEING ADDED TO AN ‘EXCLUSION REGISTER’.

Clause 1 - The premises are let for holiday purposes only for the time period stated on the letter/receipt. All bookings are taken in good faith by Forster Accommodation, but may be subject to change at the owner’s discretion prior to commencement of the booking.  The agent cannot be held responsible for decisions, actions or arrangements taken by a current or new owner which are outside our control, particularly should a property be sold, and we reserve the right to cancel any booking should anything arise which renders the booking impractical.  In this event, we will notify you as soon as practical and do our best to arrange alternate accommodation, failing which all deposit monies will be refunded, but no other claim, rights, action or demand shall exist or be made by either party.

Clause 2 - Check-in time is from 2.00 pm on your day of arrival except houses which check-in is from 3.00 pm and the premises are to be vacated by 9.00 am on the day of your departure. If you intend to arrive after hours, please phone our office during business hours to make arrangements for collection of keys. The property must be vacated on time (penalty fee of a minimum of $50 per hour will apply without prior arrangements) and secured with windows and doors locked. All keys and garage remotes must be returned to our office immediately after vacating or left in our key return slot if you depart outside office hours.

Clause 3 - For bookings made more than 30 days in advance, 50% of the total tariff plus a ‘booking fee’ is required as deposit immediately. (Excluding bookings made through external booking platforms where full payments may be payable immediately upon booking). Cancellations within 24 hours may be made without penalty.  Please choose your booking carefully as deposits are not transferrable.  The balance of the tariff is to be paid thirty (30) days prior to your arrival (except Christmas Holidays).  For Christmas bookings, full payment is required by 31 October. Xmas bookings made after the 31^st October must be paid in full at the time of booking. All other bookings made within 30 days of arrival are payable in full upon booking and full cancellation rules apply (see clause 5). Payments can be made by credit card or EFT.  A surcharge of 1.75% (subject to change in accordance with financial institution charges) of the amount paid will apply for payments made by credit/ debit card.

Clause 4 -Different rules may apply for bookings made through external marketing platforms.(Eg: Booking.com, Airbnb) Bookings and cancellations made through external marketing platforms are subject to the terms and conditions set by each individual provider. You acknowledge you have read these terms and conditions and agreed to them in their entirety. Where there is a conflict between our booking terms and those from an external marketing platform the strictest rules, payment terms and refund policies will apply.

Clause 5 - Special conditions apply to cancellations. The agent or owners reserve the right to cancel the booking at any time. If you cancel your accommodation and we can secure a replacement booking for the same period and at the same tariff, your advance rent will be refunded less a cancellation fee of 15% of the total rent. If, however, the property cannot be relet, you will incur full forfeiture of all monies paid. If you shorten your stay, the unused portion of your rent is non-refundable. Forster Accommodation retain the right to negotiate the tariff or length of stay to obtain another booking on a cancelled booking as we deem necessary. Booking fees and Christmas holding deposits are not refundable under any circumstances. All cancellations must be in writing. Please note that a change of booking dates attracts the same conditions for cancellations as stated herein.

Clause 6 - The number of guests must not exceed the number stated or the number of beds, whichever is less. All bed, bathroom and table linen must be provided unless otherwise stated.  Linen is available for hire if arranged in advance.

Clause 7 - Unless a property is designated as ‘pet friendly’, pets are strictly not allowed under any circumstances. If unauthorised pets are found at the premises, the occupants will be automatically liable for fumigation of the property and the tenancy will be terminated immediately.

Clause 8 - Bond / Security Deposit - A bond applies to all our properties. The amount varies but is clearly shown on all our property listings. The bond will generally be processed as a pre-authorisation on the guest’s previously nominated credit card (we do not accept bank transfers or cash for bond payments unless by special arrangement).  Pre-authorisation is a temporary transaction where a set amount of funds from your credit card or debit card is put on hold (frozen) as per the terms and conditions of the issuing bank and it will be automatically released as long as there are no issues during the stay. The pre-authorised amount is set aside by the card issuer for a period of up to 14 days from the date of pre-authorisation and the pre-authorisation will affect your available funds balance or spending limit. For more information on this practice please contact your card issuer. This will not show up as a deposit on your statement but will instead be directly added to your available balance automatically due to it only being a “temporary charge”.

Once a pre-authorisation has been made, Forster Accommodation cannot release, remove or lower the authorised amount. This is a restriction imposed by the card issuer and cannot be negotiated. Providing there are no additional costs (e.g. extra cleaning or damage) arising from a guests stay the security bond pre-authorisation will automatically release after a minimum of 5 business days but it can be up to 30 days depending on the guests financial institution and their policy.

You authorize this security bond to be used to recover any losses, damages, charges and fees which may be incurred during your stay in the event of a breach of any of the conditions herein.  (Please read these conditions carefully and advise any friends accompanying you). No charges will be deducted from your bond if there are no issues during your stay. The pre-authorisation will be held until we have been given the OK from the departure inspection. Bond deductions are rare, however when they occur the Agent will conduct a courtesy call or emailed notification of the claim and If there happens to be additional costs resulting from a guest's stay the pre-authorisation will be completed and the funds held in our trust account until all costs can be determined. The balance of the bond less any costs will then be refunded to the guest. If any claim exceeds the security bond held or pre-authorised amount, the guest remains responsible for all additional expenses and your liability is not extinguished. We reserve the right to take any action necessary to recover any shortfall whatsoever.

We reserve the right to insist on a pre-paid/cash bond or an increased bond amount for nominated properties at our discretion and in certain instances (eg: no credit card, insufficient credit, special events, longer stays, etc..). In such cases, you will be advised upon booking and the bond will be required to be paid and deposited to our trust account prior to arrival. All pre-paid/cash bonds will be refunded as soon as practical upon conclusion of your stay but no later than 7 business days from the date of departure.

Clause 9 - If you discover upon arrival any damaged/broken items, please advise the agent immediately or you may be held liable and charged for this. 

Clause 10- Keys are to be collected from our office during normal business hours (Monday – Saturday 9.00 am – 5.00 pm, Sunday 9.00 am – 1.00 pm). Registration upon arrival is required to be effected by the guest with photo I.D and driver’s licence and credit card details provided.  Keys will not be available after hours without prior arrangements, full payment of rent, security bond, and pre-signed registration.  The agent will not be responsible for alternative accommodation or any other costs or demands if guests arrive after hours.

Clause 11 - Guests are responsible for the safekeeping and replacement of accommodation keys and remotes. Duplicate keys are not always available.  Guests requiring a key from an agency representative after office hours will be charged a minimum service fee of $100.00.  If keys or remotes are lost, you will be responsible for the changing of locks and remotes if applicable.  Please take care of them. Guests must not attempt to break into premises when locked out.

Clause 12 - No liability is accepted for any injury, debt, damage, loss, delay, expense or inconvenience caused directly or indirectly by events beyond the agent or owner’s control. Guests are responsible for their own actions, conduct and safety. The agent and owner of the property do not condone unsafe, irresponsible or illegal actions/behaviour on or off the premises.  A condition of entering and/or staying at this property is that guests understand and agree to indemnify the agent and owner against any responsibility or action/s (legal or other) due to any action/s, incident/s, loss or injury while within or outside the premises (including but not limited to the grounds facilities, structures, etc) during a stay or at any other time.

Clause 13 - No responsibility is taken for guests’ personal property left on or near the premises. It is recommended that guests take out personal property insurance.  Postage costs will be payable if agency staff are required to collect/return items left by guests.

Clause 14 - All accommodation is for residential holiday purposes only. Functions, parties and extra guests are strictly not allowed.  Occupation of premises which in the absolute discretion of the agent causes nuisance or annoyance to neighbouring occupiers will be terminated immediately with the full rental forfeited plus any cost incurred payable.  NO SCHOOLIES BOOKINGS ALLOWED.

Clause 15 - Properties are furnished to the owner’s taste and style. Please choose your property carefully; the agent takes no responsibility for any unmet expectations of guests or any changes made by owner to the décor, furnishings or equipment. There is no provision to change properties on your arrival if you are unhappy with your choice. We are happy to pass on any recommendations to owners.

Clause 16 - Any repairs, maintenance or service reported and requested by guests to be effected to the property or any equipment provided at the property, and/or deemed necessary by the agent, will be effected as soon as practicable. However due to unforseen circumstances delays in immediate repairs may be beyond our control and no responsibility is accepted by the agent for these circumstances.  There will be no compensation, refunds or discounts due to the failure of any services or equipment provided at the property.  Guests are required to allow repair and or service personnel to enter the premises during reasonable hours by arrangement (unless an emergency situation could exist or arise) to conduct any repairs, maintenance or service.  Guests requesting a service call which is subsequently found not to be required will be charged the applicable service call-out fee. Any damage caused due to guest negligence will also be at guest expense.

Clause 17 - Guests must inform our office immediately upon arrival if the property is not clean otherwise they are deemed to have accepted the property in the condition on arrival. You can contact the office on 02 5528 5894 or leave a message on the after hours emergency phone 0423 709 934 someone will return your call. If a property is reported as dirty, Forster Accommodation reserves the right to inspect and have the property cleaned as soon as possible.

Clause 18 - In the event of the property being offered for sale, the occupier agrees to allow the agent to conduct inspections with prospective purchasers at a mutually convenient time during reasonable hours by appointment.

Clause 19 - In the case of apartments, units and villas – car parking or carports are usually numbered. Extra vehicles, boats, etc. must be parked outside the grounds, or by other satisfactory arrangements made with the agent.

Clause 20 - The guest will be responsible for the cost of any damage to the property, or loss of, or damage to any items at the property, including but without limiting the generality of the foregoing, floor coverings, furniture and fittings, kitchen utensils, crockery, glassware, cutlery and the guest will pay the agent, the full cost of replacement or repair of any such items damaged or lost. All damage, breakages or losses are to be reported to the agent and paid for immediately. All furnishings and equipment must be left in the premises as originally found.  Guests will be responsible for costs incurred for retuning TVs which have been detuned by guests for the attachment of electronic devices, playstations etc.

Clause 21 - To avoid an extra cleaning fee (minimum $100) guests are required to leave the premises neat and tidy. Fridge, kitchen benches and any spillages must be wiped, floors swept, dishes washed dried and put away clean and all garbage must be wrapped and placed in the outside garbage bin provided.  Fish are not to be cleaned or oysters opened on the premises.  If there is a BBQ, you must ensure it is cleaned after use. A $100 BBQ cleaning fee will be charged for unclean BBQs.

Clause 22 - Please read the sign in your property for garbage collection. Excess garbage, boxes and bottles which are not placed in bins provided, will not be collected by Council. Removal/disposal must be organised by the guest or you will be charged (at cost) for such removal. For villas or houses please click here to find out bin collection days or visit https://midcoastwaste.com.au/collection-days/ and simply type in the street address to view. If you are staying in a house or villa, bins MUST be put on the kerbside on your collection day or you will be charged an additional $90 collection fee for rubbish disposal. 

Clause 23 - Christmas Holiday Rebooking for the same property for the corresponding period next year must be made by 5:00 pm on the first Wednesday following your arrival. Note: For Christmas rebooking we require a 50% deposit at the time of rebooking with the balance payable on or before 31 October after you rebook for the same period next Christmas.

Clause 24 - Rentals are subject to increase without notice, especially in the case of the premises being upgraded/renovated, on instructions from the owner, and in respect of genuinely misquoted but set notified tariffs scheduled on our website or current brochure price list. Guests will be given the opportunity to pay the increase or obtain a refund of the deposit paid.  We will also offer you alternative accommodation if possible.

Clause 25 - Any renovation/building work being carried out in or near the holiday premises is beyond our control and we cannot accept responsibility for any disturbance, noise or inconvenience guests may suffer as a result. No discount or compensation will be negotiated for any of the above.

Clause 26 - If your property has a designated internet or wifi service, the connectivity during your stay can not be guaranteed. Reception in Forster Tuncurry can be unreliable and in some locations signal strength can be weak.  Guests will not hold Forster Accommodation or the owner liable for any service delivery quality or disruption and no compensation will be payable.

Clause 27 - Any printed, written or verbal description of the premises or position of the premises by the agent, or an employee, is made in good faith to the best or our knowledge, however no responsibility for misdescription can be accepted particularly with emailed/phone/postal bookings, however all courtesy will be given on genuine dissatisfaction. Any information or terms and conditions contained in holiday brochures or related websites are subject to alteration without notice.

Clause 28 - From time to time you may receive holiday promotional/marketing material from our office. If you do not wish to continue to receive such promotion you may unsubscribe or contact our office and we will remove you from our mailing list.

Clause 29 - Pet Stays - Pets are only allowed in designated ‘Pet Friendly properties. In those instances Pets are not permitted indoors in any of our ‘pet friendly’ properties. Please bring your own bedding and bowls for your pets. All pets must be vaccinated, wormed and flea free. We do not take responsibility for pets left in courtyards or fenced gardens, you must do so at your own risk. Constant barking and/or howling is not acceptable. Complaints from nearby residents and guests will be referred directly to the owners. The tenancy may be terminated and there will be no refunds due to early departures. Please check the courtyards and garden areas thoroughly before you leave and clean up any messes or damage left by your pets. Failure to do so will mean you incurring additional charges of $100. Any evidence of pets allowed indoors will incur a mandatory fumigation and any necessary cleaning of the property at your expense. We understand not all pets are created equal so if you are unsure about any of the above conditions please talk to us first if you have any hesitations.

Clause 30 - Public Health Orders - Upon booking any accommodation, you acknowledge you are aware and have complied with any Federal and/or State Public Health Orders or similar legislation that may restrict your rights to travel or occupy the premise. You are also responsible to ensure all your guests meet these requirements and should it become apparent you have breached these orders, your booking may be terminated without notice with full rental forfeited plus any costs incurred. We accept no liability for any omission to inform us of your circumstances. You agree to indemnify our office for any liability, action, costs or penalties that may be imposed upon us for providing such accommodation in good faith arising from you or any of your guest’s breach.

PLEASE CHECK YOUR RECEIPT and contact our office immediately should there be any discrepancy.   If Notice to Quit is served this receipt is issued without prejudice to the notice.  A RECEIPT IS NOT VALID UNLESS COMPUTER MACHINE IMPRINTED.

NOTE:  Please read the Short-Term Rental Accommodation (STRA) Code of Conduct/House Rules in conjunction with our terms and conditions.