Terms and Conditions
1) 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 In The Valley 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.
2) CANCELLATION & CHANGE OF BOOKING POLICY -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. A $500 cancellation fee applies when the booking is cancelled 60 days or more from booking commencement date, deducted from the refund of monies. A cancellation fee of 50% of the value of the booking tariff applies with notice of 30 to 59 days before booking commencement date. No refund of booking tariff for cancellations made with less than 30 days notice. Credit card fees are not refundable. For changes of dates more than 60 days from the arrival date, an administration fee of $250 applies. No changes can be accepted less than 60 days from the arrival date, cancellation policy applies in this instance. Change of booking dates is to be of the same or higher value of the original booking within 60 days of the original arrival date. Full payment is required 60 days prior to the arrival date. If payment is not made on time or an alternative payment arrangement is not agreed in writing with management, management reserve the right the to cancel the booking with 7 days written notice and no refund is provided. If the deposit is greater than the value of the tariff, the difference will be refunded.
3) 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.
4) DAMAGE – Whilst you 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. Any such breakages, damage or loss must be reported IMMEDIATELY to the property manager. Hiding or trying to cover up an issue will be found by our very thorough and experienced cleaners. So please don’t try!
5) 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.
6) 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.
7) 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. Disturbance to neighbours, including excessive noise is prohibited and may result in the termination of the booking.
8) 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. Functions are allowed however 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”
9) 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.
10) 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 – 20. 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.
11) 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.
12) 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.
13) MAINTAINING THE PROPERTY – Children must not climb on the wire balustrading. 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 put away, 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 house, guest wing and chalets with signs on all doors. 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.
14) 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. To assist in this matter we suggest you ensure as much rubbish as possible is put into the council bins on Sunday night. During your occupation, do not leave rubbish outside due to wild life breaking through bags.
15) 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. Where there is a trampoline, only ONE person is permitted to use the trampoline at any one time and any child using the trampoline MUST be under adult supervision. Where there is a pool, children using the pool MUST be under adult supervision AT ALL times. There is to be absolutely NO Diving off the swimming pool wall. No responsibility lies with the Property Manager or Owners for the use of these items.
16) 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.
17) 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.
18) 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.
19) CHECK IN/CHECK OUT – Check-In time is from 4pm and Check-Out time is by 10am. We appreciate your co-operation to adhere to these times. If cleaners are held waiting by guests departing after 10am, all cleaners fees are at $45 per hour for time waiting and will be deducted from the bond.
20) IDENTIFICATION – You may be asked for photographic identification. 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.
21) POOL SERVICING – Every Tuesday fortnight starting Tuesday 12th January 2021, Pool Werx is contracted to service the swimming pool. This will take place between 9am to 12 midday. The Pool Werx serviceman will enter from the rear garage area and service all equipment in the garage as well as checking the pool chemicals.
22) SEPTIC SYSTEM – In The Valley runs a septic sewerage system as mains sewer is not available in this area. Please do not flush any foreign objects including 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.
23) DISCLAIMER – The Property owner or manager will not be held responsible nor liable for:
24) IN THE VALLEY: 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 In The Valley. 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)
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 utilize 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.