Terms and Conditions

Your agreement is with the individual Property Owner (“we”, “us” and “our” in these Terms and Conditions) for the property known as the Property. References to “you” or “your” are references to the person making the booking and all members of the rental party staying at the Property. Cairns Holiday Homes (‘CHH’) is a facilitator only to assist you with booking your accommodation and answer any queries you may have.

 

These Terms and Conditions form the basis of your agreement with us so please read them carefully.  Nothing in these Terms and Conditions affects your normal statutory rights under Australian law.

 

General Rules of All Properties

 

No Parties Policy: We do not rent out our Properties for large gatherings such as weddings or parties. The number of persons staying must not exceed the number on the booking and the number of guests must not exceed the maximum permitted on the Property at any time. We may ask you to immediately leave the Property if any of our rules and terms are breached with no refund on any fees paid. You may invite a maximum

 

No Smoking: There is a no smoking policy inside all our Properties. Some properties also have a no smoking policy on balconies and surrounding premises. Please check the individual property listing or check with us prior to booking.

 

Upkeep, Damages and Repairs: We try at all times to ensure our Properties are well maintained and in excellent working order. However from time to time we understand some household items may stop functioning. Please let us know as soon as possible so that we may organise repair or replacement for your comfort and convenience.

 

Bookings: Bookings are subject to availability and are not confirmed until receipt of the deposit and the online Booking Form. Written confirmation or otherwise of your booking request will be sent to you by email within 24 hours of making a booking request.

 

1.  Making your booking request

 

When you book the Property online you are paying the booking deposit and agreeing to the Terms and Conditions of Rental. All payments are made directly to the Property Owner. CHH does not receive nor accept payments unless agreed otherwise in writing.

 

If, for any reason, you are unable to make a booking request through the online facility, we will send you the rental agreement and booking form to fill out and return. This takes longer and the property will not be held for you until the form has been returned and the deposit has been received.

 

If you have been quoted for and have indicated the number of persons staying in your party, please note that any extra persons, including any children, who stay at the Property, may incur an extra fee if they were not included in the original requested quote.

 

 

If you exceed the maximum number of persons indicated in the Property description or exceed the number that you have entered on the booking form, we reserve the right to retain your Security Bond in full and this Agreement may be terminated without refund.

 

When the completed Rental Agreement have been received and accepted by us, we will issue you with a written provisional confirmation that your booking request has been accepted. Provisional confirmation is issued by email within a few hours (24 hours at most).

 

You should carefully check the details of our written confirmation and inform us immediately of any errors or omissions.

 

Any binding agreement between us will only be formed when the owner’s account has been credited with the Initial Deposit and we have send you a receipt for that deposit by email. A binding agreement will be subject to the Terms and Conditions of this agreement.

 

We reserve the right to refuse any booking prior to the issue of the receipt for payment of the initial deposit. If we do this we will refund any money you have paid to us.

 

Your booking is made as a short-term holiday rental tenant for the purpose of a holiday and you acknowledge that no liability can be accepted for any business or other losses howsoever suffered or incurred by you.

 

2.  Paying for your booking

 

We require an Initial Deposit fee of 25% of the full cost of the accommodation (including any extras and cleaning fees) to secure your booking at the time of reservation.

 

For any bookings made within 30 days of your Arrival Date, you must pay the full amount + the security bond within 3 days of your booking.

 

The security bond is required but is not due until 30 days prior to your arrival. The amount varies from property to property and is shown in the booking window under Details.

 

To ensure that you do not lose your preferred Property it is best to make a booking request straightaway via the booking window where you click on your preferred dates in the calendar and fill out the booking form.

 

Your booking is reserved for up to 24 hours during which time we check to see that no other booking from other booking sites has changed the availability status. As soon as we are sure that there is no conflict, your booking status will change from Request to Provisional and you will be informed by email.

 

In most cases your provisional booking status will be confirmed by email within a few hours.

 

​Your payment of the deposit should be made immediately to ensure that it is received within 3 days of booking. The banking details for payment will be in the provisional confirmation email. If payment has not been received on the 4th day after requesting the booking we will contact you but it is likely that your booking will be cancelled.

 

Your reservation will become a binding agreement (subject to the Terms and Conditions of this agreement) when your initial deposit payment has been credited and CHH has emailed you a receipt for that deposit showing Deposit Paid.

 

You will be invoiced for the security bond at the same time as you are invoiced for the balance of the accommodation payment. We will email these invoices to you 37 days before arrival, so that the owner's account can be credited at least 30 days prior to your arrival.

 

If you fail to make a payment that is due, in full and on time, we may treat your booking as cancelled by you. You will lose your deposit in these circumstances.

 

When the balance of the accommodation payment and the security bond have both been paid, we will send you a receipt and the status of your booking will be changed to Paid.

 

All payments of the amounts due must be net of any bank or other transaction charges unless otherwise stated in owner schedule.

 

The Initial Booking Deposit is to secure your booking and is refundable at the owner’s discretion if you have to cancel. If CHH or the owner are able to rebook the Property for some or all of the period of your booking, it is at our discretion to refund all or any part of your Initial Booking Deposit, but we are, in any event, not obliged to if we or the owner are unable to re-book the Property.

 

 

3.  If you cancel or amend your booking

 

If you need to cancel or amend your booking you must telephone us on the number shown on our written confirmation as soon as possible or contact us on the email address we provide to you.

 

You will also be required to confirm your cancellation in writing or by email to the addresses shown on our written confirmation.  A cancellation will not take effect until we receive written confirmation from you.

 

If you cancel your booking between 90 days and up to and including the 29th day prior to midday on the Arrival Date, we will retain the Initial Booking Deposit and refund the balance of any money you have paid to us (such as any cleaning fees and security bond).

 

 For example: a booking made that begins on May 31st would need to be cancelled before midday on May 3rd to avoid loss of 100% of the Initial Booking Deposit and the Final Rental Amount. Cleaning fees and security bond will be returned.

 

Where a cancellation has taken place within the 28 period prior to arrival, we may refund the full rental amount (less any additional costs incurred) to you only if we are able to secure an alternative booking for the Property for the same rental period.  In the event of a subsequent booking for part or all of your Rental period, we may offer a pro-rata reimbursement less a $100 administration fee. For your protection, we recommend full travel insurance.

 

Some homes have slightly different cancellation policies. If they do, their cancellation policy will be found in the “Details” section of the booking window.

In all cases where a refund is made, the commission for the booking due to Cairns Holiday Homes will be deducted from the refund.



4.  If we cancel or amend your booking

 

We would not expect to have to make any changes to your booking, but sometimes problems occur and we do have to make alterations or, very occasionally cancel bookings due to unforeseen circumstances (e.g. fire, damage, etc.).

 

If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your booking and, if it is necessary to cancel your booking, we will refund the balance of any money you have paid us.

 

Where possible, we will also try to provide you with alternative accommodation which you may choose to accept at your discretion.

 

5. Your accommodation check-in

 

You can arrive at your accommodation after the Check in time on the Arrival Date of your holiday but if you have arranged a time to pick up the keys at the holiday home with the owner, please keep to that time or contact the owner to arrange an alternative time.

If your arrival will be delayed, you must contact the person whose details are given on our booking confirmation as Owner or Manager, to ensure that alternative arrangements can be made directly. If you fail to do so you may not be able to gain immediate access to the Property until the Owner/Manager has been contacted to hand over the keys. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the Owner/Manager of your anticipated late arrival we may treat the booking as having been cancelled by you.

You also agree to provide your ID and usual home address with your passport or driver’s license details if requested by the Owner/Manager on arrival.

You must leave by the Check out time on the Departure Date unless arranged otherwise with the owner (or manager). If you have not arranged a late check out with the owner and are late leaving, a late fee may be charged and taken out of your security bond according to the timing of your departure. This fee charged is at the discretion of the Manager and is done to ensure the property is ready and available for the next arriving guest.

 

 

6. Your obligations

 

Compliance with terms: You agree to comply with the terms of rental herein and any other terms reasonably made from time to time and notified to you. You are responsible to ensure that all members of your party, as well as any visitors to the Property, observe these terms. You are responsible for all visitors and guests you permit to enter the Property and for any damage they may cause.

 

Arrival: We ask that you arrive as close to your nominated time as possible or otherwise notify us in advance of any delay. Please read the Guest Book on arrival. It will provide useful information about the property including the House Rules, Owner Contact details, waste collection days and operating instructions for the various house amenities.

 

Condition of Property: You agree to keep and leave the Property and the furnishings, kitchen equipment, cutlery, crockery and glasses clean and in good condition.  Bed linen, blankets and towels should also be left in good condition. Bedding or towels damaged by hair dyes, oils, make-up (for example) may incur additional payment. You also agree to ensure all electrical equipment and white goods are left clean and in good condition.

Any issues with the condition of or contents in the Property must be notified immediately to us so that the issue can be rectified.

 

You agree not to cause any damage to the walls, doors, carpets or windows of the Property, nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.

 

All properties are non-smoking indoors. Most properties are pet-free unless indicated in the Property description page or in the booking window Details. You are asked to respect and abide by these requirements strictly. Otherwise we may require additional payment for any cleaning of furniture, walls, carpets etc in order to extinguish any damage caused by either the smokers or pets.

 

Any lost or damaged keys, key cards, remote controls or other items will incur a fee at the discretion of the Manager.

 

The Property must be left in a clean and tidy state and any additional damage, breakage, cleaning required will be taken out of your security bond amount.

 

General:  You agree to take all necessary steps to safeguard your personal property. No liability to you is accepted in respect of damage to or loss of such property, except where the damage or loss is caused by our negligence.

 

We are not liable for any injury or loss that you or any of your invited guests may sustain while you staying at our Property.

 

You will not operate a business at the property or use it for any immoral, illegal or improper purpose.

 

You are not permitted to allow more people to stay in the Property than expressly authorized, nor can you significantly change the makeup of the party during your stay in the Property. If you do so, we can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the booking by you.

Whenever the property is left unattended, you will ensure that all doors and windows are closed and locked or fastened and that all air-conditioners are turned off.

 

Departure: You agree to leave the Property no later than the specified Check Out time on your departure date. Late departure is subject to prior arrangement and availability and will incur extra charges.

 

We ask that you leave the Property clean and tidy - dishes cleaned and put away and garbage taken out etc. Should you leave the Property in a state that requires additional cleaning beyond the normal post departure clean, this cost will be taken out of your security bond.

 

We also ask that you secure the Property by ensuring that you close and lock all windows and doors before leaving. Please, also ensure that all air-conditioners are turned off.

 

Children: Please note that children under the age specified in a website Property description are not permitted to stay. If there is nothing specified then this means there is no age restriction but children should be supervised by a parent or a responsible adult at all times. Age restrictions sometimes apply to a Property when it is not equipped nor is it an appropriate or suitable rental for young children due to the number of hazardous objects or because there are no provisions for small children. Should there be an age restriction specified and should you have any visitors with young children, we ask that they be well supervised.

 

Noise: We also ask that you consider your neighbours and not have loud music  that may disturb others nearby. If complaints are made about ‘excessive’ noise or police  are called or if neighbours are continuously disturbed, we may ask you to leave and treat this as a cancellation and breach of the Terms and Conditions of this Agreement. You will not receive a refund and extra charges may be applied for security and other expenses.

 

Pets: Pets are only permitted if indicated on the website Property description and in the Schedule. Please read the website property description carefully to ensure you are clear on the number and type of pet that is accepted in the Property. Generally the Properties do not permit pets. If they are permitted, they are not allowed on the furniture and pet owners are responsible for cleaning up after their pets both inside and outside the Property.  If any damage is found, including any pet ‘accidents’, infestations, scratched or damaged fixtures or fittings, the repair amount will be deducted from the security bond and/or charged to your credit card where the amount of repair exceeds the security bond amount.

 

Additional Utility Fees: Some Properties may have additional fees for use of utilities over and above a set rate. These Properties will be indicated on the booking form and on each property description page to ensure you are aware prior to booking.

This is mainly for electricity use to ensure fair use of the air-conditioning i.e. make sure all windows and doors are shut when the air-conditioning is on and turning it off when everyone is out of the house for the day. In all cases the allowance is more than enough for fair use during the summer months.

 

Departure cleaning: Before departure, all food must be removed from refrigerators, rubbish put outside in the bins provided and all crockery and cutlery washed and packed away. The Property must be left in a clean and tidy condition.

 

Some properties charge a departure cleaning fee but that does not mean that you may leave the home in an untidy state. Should the Property be left in a condition which requires extra attention by our cleaners, including emptying refrigerators, removal of rubbish, washing dishes, emptying dishwasher, more than one load of laundry (excluding bed linen & towels), we will charge you an additional fee, to be deducted from your security bond.

 

Repairs: You must advise us immediately of any damage or breakages that may have arisen or where you have had to make temporary repairs or where repairs need to be made as soon as possible. You agree to allow us or any representative of ours access at any reasonable time during your stay for the purpose of essential repairs or maintenance.

 

Security Bond: Your security bond will be refunded within 5 days of your departure to your nominated account provided that you have not caused damage, stained fabrics or furniture, broken items or there are any missing items noted by the Manager after their inspection. Your deposit will be refunded in full provided there is no damage to:

  • Property or furnishings

  • Dirt or other mess, laundry, garbage which requires additional cleaning

  • Lost or damaged items, including keys, remote control, walls or carpets and

  • Any other additional costs incurred by us due to you and your party’s stay.

If the Owner or Manager is not satisfied with the condition of the property, a claim against the security bond (but not limited by it) may be made by email. Any claim will provide written, photographic or other evidence of damage, loss or additional cost.

 

7. Any complaints or problems

 

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. If something does not work or if there is anything missing - please contact as soon as possible.

Please, do not wait until your departure date before letting us know that something is wrong, broken or missing.

It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified.

 

If any complaint or issue cannot be resolved during your holiday, you must write to us with full details within 28 days of the end of your stay. CHH is not responsible for nor liable for any dispute with any accommodation, Property or Rental. CHH will make every effort to assist you to resolve any issue you may have but the ultimate responsibility and contractual liability for any dispute or issue is with the Property owner.

 

8. Governing law

 

This Rental Agreement between you and us is governed by the laws of Queensland Australia and we both agree that any dispute, matter or other issue which arises between us will be dealt with by the Courts of the State of Queensland Australia.

 

March 5th 2018

 

 

 

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