Terms and Conditions
Terms and Conditions
1. Security Bond
1.1. For reservations made via our website or a third-party site (including but not limited to www.stayz.com.au and www.booking.com), the security bond will be the credit or debit card information provided for the booking through the payment gateway SecurePay. This information will be stored for no more than 14 days after your departure from the Property.
1.2. For reservations made via www.airbnb.com.au, Airbnb’s terms and conditions regarding security bonds apply. Please review Airbnb’s terms and conditions carefully.
1.3. For all other reservations, alternative arrangements for a security bond may be required prior to check-in, which may include a security bond authorization form.
1.4. We, or any party nominated by us, may charge or deduct from the security bond for any unpaid fees, expenses, costs, or damage resulting from your booking or stay at the Property.
2. Payment Authorizations
2.1. You authorize us, or any party nominated by us, to collect amounts due under these terms and conditions, including unpaid fees, expenses, costs, damage, or other liabilities arising from your booking or stay at the Property. Specifically, this includes:
a. Any amount due to us, the Owner, or third-party websites related to your booking or stay (including booking amendments or cancellations);
b. Applicable taxes;
c. Credit card surcharges;
d. Administrative fees as outlined in these terms and conditions;
e. Costs associated with:
i. Declined credit or debit card transactions;
ii. Damage to the Property (including services, contents, fixtures, and fittings), common property (if applicable), or neighboring properties and occupants;
iii. Late check-outs or overstaying;
iv. Lockouts requiring assistance to re-enter the Property after hours;
v. Extra cleaning, deodorizing, maintenance, or disposal of rubbish and recycling;
vi. Unclean BBQs;
vii. Excessive use of internet data;
viii. Lost or damaged keys, remotes, or security devices;
ix. Missing linen;
x. Unauthorized pets at the Property;
xi. Expenses, damage, loss, or theft resulting from failure to secure doors and windows and activate alarms when leaving the Property or upon departure;
xii. Smoking inside the Property;
xiii. Exceeding the maximum allowed number of Guests at the Property;
xiv. Use of the Property for unauthorized events such as parties or large gatherings;
xv. Offensive or excessive noise and antisocial behavior;
xvi. Breaches of applicable laws, regulations, or third-party rights;
xvii. Unnecessary maintenance callouts;
xviii. Failure to comply with owners’ corporation by-laws and lawful directions from managers and caretakers, and/or damage to common property (if applicable);
xix. Termination of your permission to occupy the Property;
xx. Eviction of you and other Guests or Visitors at the Property;
xxi. Any violations of these terms and conditions, including the house rules and Code;
xxii. Costs associated with recovering any fees, costs, or expenses.
2.2. We may collect these amounts by charging or deducting from the security bond. We also reserve the right to otherwise collect payment and pursue remedies available in cases where you are liable for such amounts. This does not limit our rights to recover additional sums beyond the security bond.
3. Damage
3.1. You are responsible for leaving the Property (including its services, contents, fixtures, and fittings) and common property (if applicable) in the same condition as it was upon arrival.
3.2. You are responsible for the actions of yourself and any individuals you invite to or allow access to the Property (excluding us and any individuals we permit to enter the Property).
3.3. You must not cause or permit damage to the Property (including its services, contents, fixtures, and fittings), common property (if applicable), or neighboring properties and occupants.
3.4. If you or anyone you invite damages the Property, we can seek payment from you. We may collect from you and/or charge or deduct from the security bond to cover the damage. This does not limit our rights to recover additional sums beyond the security bond.
3.5. You must notify us within 24 hours of check-in of any existing damage to the Property or common property (if applicable).
3.6. You must notify us as soon as possible of any damage arising from your stay at the Property.
3.7. We reserve the right to terminate your permission to occupy the Property and evict all Guests and Visitors for non-compliance with this clause.
4. Information About the Property
4.1. All information about the Property is provided in good faith but may be subject to change.
4.2. While we strive to ensure the accuracy of information, photos, videos, and descriptions of the Property, changes may occur.
4.3. If any feature or facility is essential to you, confirm its availability with us before booking.
4.4. Information about the Property is based on available details at the time of publishing and may change.
4.5. To the extent permitted by law, we are not liable for omissions, errors, changes, or unmet expectations related to the Property.
4.6. Map images and location photographs are for general information and may not accurately reflect actual routings or locations.
5. Personal Information and Privacy
5.1. For reservations, we require personal information including your full name, address, contact mobile, vaccination status, credit or debit card details, and the number and age of Guests (including animals if applicable). This information is used to assess accommodation suitability, contact you, and secure your booking.
5.2. Your personal information will be managed according to our Privacy Policy, available on our website at www.yourbreakaway.com.au.
6. Compliance
6.1. You agree to comply with all terms and conditions, house rules, by-laws, and lawful instructions during your stay. Hard copies of by-laws applicable to the Property or common property are located at the Property.
6.2. You are responsible for ensuring that all Guests and Visitors observe these terms and conditions.
6.3. We may terminate your permission to occupy the Property immediately without notice if there is a material breach of these terms and conditions or if it is necessary to protect safety or property.
6.4. We may take measures including collecting fees, revoking your license to stay, and making you and others leave the Property in accordance with applicable law.
6.5. For non-material breaches, you will be given notice and an opportunity to resolve the issue.
7. Limitation of Liability, Release, and Indemnity
7.1. To the extent permitted by law:
a. Neither we nor our officers, employees, contractors, and agents accept liability for any expenses, claims, damages, or losses arising from your booking or stay, except to the extent caused by our negligence or wrongful acts/omissions.
b. You agree to indemnify us against all expenses, claims, damages, or losses arising from your booking or stay, except where such issues arise from our negligence or wrongful acts/omissions.
7.2. Where liability cannot be excluded and can be lawfully limited, it is limited to remedies required under applicable law.
7.3. Nothing in these terms and conditions is intended to exclude or modify any rights under Australian Consumer Law.
8. Events Beyond Our Control
8.1. We are not liable for any injury, damage, loss, delay, expense, or inconvenience caused by events beyond our control, including property sales, natural disasters, acts of government, or failure of services.
8.2. We are not responsible for disturbances caused by building or other works near the Property. No refunds or compensation will be provided for such disturbances.
8.3. You are responsible for all travel documents and adherence to laws and regulations.
9. Any Complaints or Problems
9.1. We strive to ensure an enjoyable stay, but if you have any complaints, contact us as soon as possible for resolution.
9.2. Prompt notification is essential for resolving issues properly.
9.3. If an issue cannot be resolved during your stay, write to us with full details within 14 days of your stay’s end.
9.4. Under the Code, complaints about non-compliance can be lodged with the Commissioner for Fair Trading in the Queensland Office of Fair Trading. More information is available in the Code at annexure B.
10. Changes to Terms and Conditions
10.1. We reserve the right to amend these terms and conditions at any time without notice.
11. General
11.1. If any provision is found to be invalid or unenforceable, it will be removed without affecting the validity of the remaining provisions.
11.2. Failure to enforce any right or provision does not constitute a waiver unless acknowledged and agreed to in writing.
11.3. We do not assume responsibility for confirming Guest identities but may conduct checks as permitted by law.
11.4. By providing credit or debit card details, you represent that you have authority to use the card and authorize us to charge or deduct amounts as required.
11.5. If payment is made for a company, you represent that you have authority to bind that entity.
11.6. You must provide accurate information regarding your booking and stay.
11.7. You agree to cooperate and assist us as reasonably requested.
11.8. Payments may involve third-party service providers who may charge additional fees. We are not responsible for these fees or additional terms of such providers.
11.9. You have not been recorded on the exclusion register for contravening the Code.
11.10. For any questions about the terms & conditions please email the team at hello@yourbreakaway.com.au