Welcome to Bayside Beach House (Site). 

This Site is owned and operated by Youlden-Gardiner Holdings (ACN 634 716 877) trading as Bayside Beach House (referred to in these terms as “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site, our accommodation and the content made available to you via this Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of our Site (“user”, “you” and “your”). 

ACCEPTANCE OF TERMS

By accessing and using this Site, our social media channels and any other materials made available to you on this Site, you are taken to accept our Terms. In doing so, you warrant that you:

• are over 18 years of age and have the legal capacity to enter into a legally binding contract;
• have read and accepted these Terms; and
• will comply with these Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site. If at any time you choose not to accept these Terms, you should not access our Site.

Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

RATES

Full payment is required at time of booking to secure your dates.  All rates are provided in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). Rates and accommodation availability are subject to change at any time. The amount charged to you will be the rate in force at the time you make your booking. When booking online, the rates advertised on our Site are not guaranteed until you receive written confirmation from us. Any errors will be rectified and a revised quote will be issued to you within 24 hours of your original request.  Preferred method of payment is Visa or MasterCard and surcharges apply for these card transactions.

BOOKING PROCESS

Bookings

All bookings must be made through this Site, or such other website as we designate. Once booked, your booking is subject to our approval prior to being confirmed. You will receive a booking confirmation email from us once your booking has been approved. 

Where we request information from you in order to proceed with the booking, you warrant that the information provided in the booking is true, accurate and correct and that false information may result in your booking being cancelled without a refund. Where there are any errors in the information you have given, these must be brought to our attention 48 hours prior to your booking. This information will be treated in accordance with our Privacy Policy.

We will require a copy of your proof of identity, such as a driver licence, and your full credit card details as these details may need to be required to be presented at check in. Your credit card is required to cover any additional costs as outlined below.

You are responsible for ensuring that the dates, times and locations relevant to your booking are accurate and suitable for your purposes, as we are unable to offer refunds due to user error.  Please check the details you provide carefully and inform us immediately of any errors or omissions.

If you make any changes to your booking, e.g. number of persons staying or dates, this may result in a change to the cost of the accommodation.

If you fail to make any payment, we may treat your booking as cancelled by you.

Minors and Schoolies

Bayside Beach House does not accept Schoolies reservations or bookings from anyone under the age of twenty-one (21).

Check-In

Accommodation is available from 15:00 on the day of your arrival. Early check-in may be possible subject to availability. Please let us know if you require early check-in.

To enter the Property, a code will be provided in your pre-arrival text message and check-in instructions. 

If your arrival will be delayed, please let us know.

Check-Out

Check out time is 10:00 on the day of departure. Late departures may be possible subject to availability. Please refer to Early Check-In or Late Check-Out.

Upon vacating the property, we expect you to leave it in a neat and tidy condition. Rubbish must be removed and dishes must be clean and returned to their cupboards or as directed in the check-out txt instructions. Failure to do so may incur further cleaning fees at our discretion.  Please ensure that all doors and windows are locked. The key/s must be returned to the lock box and the code scrambled.

Early Check-In or Late Check-Out

An additional fee will be charged if you do not check out by 10:00. Early arrivals and late check outs are at the discretion of Management and must be requested at the time of booking and can only be confirmed 1 day prior to arrival or departure. Whilst every effort will be made to accommodate early arrivals and late departures, the only way to ensure an early check-in or late check-out is to book an extra night.

Length of Stay

There is a standard two night minimum stay from Friday to Sunday, and a standard two night minimum from Monday to Thursday. Minimum length of stay restrictions apply to certain rates.

Number of Guests

At no time during the Booking shall the number of Guests staying exceed the number booked, or in accordance with the current NSW COVID-19 regulations.

Children

We welcome children of all ages to Bayside Beach House.  Children under the age of twelve (12) are permitted as Guests only when the Property is booked. The accommodation prices for children are included in the standard rate and refer to using existing bedding.  A complimentary porta-cot can be supplied for children under the age of 2 years. Guests are required to supply linen for this cot and must be set up by guests.

Children must be supervised at all times, especially around fencing, waterways, stairs, verandas, balconies and cleaning chemicals. Bayside Beach House is not responsible for any children staying at or visiting the Property.

No refund will be given if the accommodation is deemed unsuitable after check in.  

Photoshoots & Location Hire

We welcome photo shoots here at Bayside Beach House, but we ask that this is first pre-approved in writing by management.  Location hire for photoshoots and video shoots must also be pre-approved in writing by management. No images including the property are to be used for marketing purposes unless pre-approved in writing by our team.

Security Bond

All Bookings will require a credit card pre-authorisation for a refundable Security Bond in the amount of $1,000. The bond will be retained until an inventory and inspection has been completed after check-out, with the cost of repair or replacement of property to be deducted from your Security Bond. The remainder shall be refunded to you within 7 days of you checking out. You remain responsible for, and will be charged for any damage, or cost of repair or replacement in excess of the Security Bond.

CANCELLATION AND REFUNDS

If you need to cancel or change your booking you must contact us immediately via the email address we provide to you.

Any cancellation must be made in writing or by email to the address provided.  Cancellations will only take effect upon written confirmation from you.

Cancellations with 90 days notice prior to your arrival is fully refundable

Cancellations between 30 – 90 days notice prior to your arrival date 50% cancellation fee of the booking total will be incurred.

Cancellations within 30 days of your arrival date will incur a 100% cancellation fee.

A booking can be rescheduled with no cancellation fee, provided 90 days notice has been given.  The new booking date must be within 12 months from the original booking date.

If we cancel your booking for any reason: Where we cancel your booking, the amount paid will be refunded within 14 days of receipt of your bank account details. If the booking was paid for using credit card or EFTPOS, the credit card surcharge will not be refunded.

Refunds: Refunds will be provided as outlined above.

Without limiting your rights, we are not responsible should the accommodation not meet your expectations. No refunds apply for early departure or refusal to stay.

Locking Up

It is the responsibility of the guests booked in the property at that time to lock the house whenever they leave the property. Any theft that happens due to neglecting to lock the property will result in charges.

House Rules 

By making a booking, you acknowledge and agree to the house rules as set out in the reservation and our Terms.

If you break any of these rules and/or our Terms, you accept full responsibility for any loss, fee, fine or any other costs which may be incurred as a result.

We reserve the right to conduct an inspection should we reasonably suspect that the house rules are not being adhered to.

As this property is provided for your use under a licence and not a residential tenancy, you acknowledge that no relationship of landlord and tenant is created and if you fail to abide by these rules or any of the other Terms, we reserve the right to terminate your reservation with immediate effect and remove you from the property with no refund.

Strictly No Smoking

Smoking on the property both indoors, outdoors and within the grounds of Bayside Beach House is strictly prohibited.  If there is any evidence of smoking inside the property you will be charged an additional $500 for a specialised clean to eliminate odours and remove chemical residue before future guests may use the space.

Pets

Unfortunately we are unable to accept pets. No pets are permitted on the property at any time. Fines apply.

Noise

Please be respectful and considerate of your neighbours and ensure that there is no loud noise or music that may disturb your neighbours.  Where complaints are made about excessive noise, we may ask you to leave on the basis that this is a breach of our Terms.  In such circumstances you will not receive a refund and additional charges may apply.

Removal of Sand

We ask that you and all guests entering the house wash/remove sand from themselves and any toys or equipment with the outdoor showers or taps on the property.  Where sand is found inside the house and requires additional cleaning you acknowledge additional fees as outlined in the Costs Schedule will apply.

Inclusions & Guest Accommodation

Any inclusions that apply to your booking are set out on our Site, our Terms and in your reservation information.

Free internet connection is available to you and your guests with a valid booking. The connection of the internet during the Booking is not guaranteed and may be disrupted or unavailable without notice.

It is the responsibility of the Guest to ensure that any third parties engaged to provide services at the Property, including but not limited to caterers, beauticians and massage therapists, are informed of these terms and conditions, and hold appropriate public liability insurances. We accept no liability for any third-party services, including those which may have been recommended or referred by us.

All personal Property left behind is the sole responsibility of the Guest who must either arrange payment for post or delivery or collect the item from the Property.

Bayside Beach House is on direct beachfront and has natural bush surrounds.  The Guest acknowledges the Property may be visited by wildlife including, but not limited to rodents, insects, cockroaches, kangaroos, spiders, and agrees Bayside Beach House is not responsible for the natural and surrounding habitat.

Bayside Beach House does not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas and internet. In the event of a failure, the Guest should notify us in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by management, will be remedied at any time during or after the rental period, at the sole discretion of the management.

We reserve the right to enter the Property at any time, without notice, to protect and/or undertake maintenance of the Property.  We will give notice to the Guest wherever possible.

Damages & Costs

You are responsible for the cost of repairing any damage caused to the property, premises, building or contents during your stay.  You acknowledge that breaching the obligations or any Terms may result in fees as outlined in the Costs Schedule and/or any other associated consequences of the breach.

Security Bond

All Bookings will require a credit card pre-authorisation for a refundable Security Bond in the amount of $1,000. The bond will be retained until an inventory and inspection has been completed after check-out, with the cost of repair or replacement of property to be deducted from your Security Bond. The remainder shall be refunded to you within 7 days of you checking out. You remain responsible for, and will be charged for any damage, or cost of repair or replacement in excess of the Security Bond.

Review, Repairs & Additional Charges 

You acknowledge that breaching the obligations or any Terms may result in fees as outlined in the Costs Schedule and/or any other associated consequences of the breach.

All damages, breakages or losses to the Property, furniture and furnishing are to be reported immediately to us. To avoid being charged for any damage not caused by you, such faults or breakages should be brought to our attention immediately following check-in.

Following a final inspection and review after check-out, you agree we are permitted to deduct the fees from the Security Bond and to charge your credit card for any fees over and above that amount, in accordance with the Costs Schedule and at our sole discretion upon determination.

We reserve the right to charge your credit card should any further additional charges be incurred during or following your stay per the Costs Schedule.

INSURANCE AND GUEST PROPERTY

You acknowledge and agree that we do not take any responsibility for your vehicles or possessions. You are responsible for ensuring you have appropriate insurance (including travel insurance). Please ensure that you have taken all your personal belongings with you, as we will not be responsible for any loss or damage to your belongings as a result of them being left behind. You will be responsible for any postage and handling fees, calculated at our discretion, that are incurred in returning your belongings to you. 

ACCOMMODATION

We will endeavour to maintain accurate descriptions and photographs of the property on our Site and in any promotional material that will not be misleading, however we are unable to guarantee that the property will be exactly the same as displayed. We reserve the right to renovate or make other changes to the property as we see fit, including substitution or withdrawal of any facility or amenity. You acknowledge that décor is also subject to change at our discretion and may not match the images provided on our Site.

INTELLECTUAL PROPERTY

Our Site contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, digital products, trade marks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site and its Content does not grant or transfer any rights, title or interest in it to you.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site or its Content in whole or in part without our prior written consent. We reserve the right to immediately revoke your access to our Site and its Content, without refund, if you are found to be violating these Terms. 

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed HERE. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

CREDIT CARD AUTHORISATION

You must provide a credit card pre-authorisation which provides authority for payment of accommodation. Any authorised amount will vary depending on length of stay and card type.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us by means of electronic transmission. 

You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

FEEDBACK, COMPLAINTS AND DISPUTES

We are committed to your enjoyment of and satisfaction with your stay. If there are any issues or concerns during your stay, please contact us immediately and we will endeavour to do our best to resolve any issues or concerns as soon as possible.  If any issue or concern cannot be resolved during your stay, please contact us via our Contact Form and include:

• your name;
• your email address;
• details of your concern or complaint; and
• details of what you would like us to do to resolve the matter.

We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site and our accommodation. You may be invited to submit a review after your stay We love to hear from you! 

Where you do decide to submit such feedback, comments or content, you:

• warrant that you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
• give us permission to post or otherwise use that feedback on our social media or other channels;
• waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with; 
• warrant that the content does not violate these Terms; and 
• warrant that you are at least 18 years old.

We reserve the right to remove a review or comment if it:

• contains libelous or otherwise unlawful, abusive or obscene material; 
• attacks our employees or another contributor; 
• contains material that discloses your personal information; or 
• is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of services as well as blogs by guest bloggers. These reviews and the content of the guest blogs in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.

TESTIMONIALS

On our Site, we present real life examples of and insights into other people’s experiences for illustrative purposes only.  These testimonials are not intended to represent or guarantee that any current or future customers will have the same or similar experiences. 

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances: 

• use our Site or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances;
• attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site; 
• hack into any aspect of the Site, corrupt data, or cause annoyance to other users; 
• infringe upon the rights of any person’s proprietary rights; 
• send any unsolicited advertising or promotional material, commonly referred to as “spam”; or 
• attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an as is basis, and to the fullest extent permitted by law, we make no representations or warranties about our Site or accommodation, including that:

• they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
• access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or 
• there is no possibility of failure to store communications or other data. 

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our accommodation, or this Site, your inability to access our Site, interruption or outage of our Site or any inaccurate, incomplete or out-of-date content provided on our Site. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of the accommodation, this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

BREACH AND TERMINATION

The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITE

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT 

We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy) constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

GOVERNING LAW AND JURISDICTION 

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of New South Wales, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as efficiently and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia. 

COSTS SCHEDULE