Terms & Conditions

Terms & Conditions

The terms and conditions of the holiday letting through LJ Hooker Nelson Bay as agreed to by both parties are as follows, a breach of any of the following conditions will allow the owner to refuse handing over the keys, amend the rental or immediately terminate the tenancy. No refunds will be paid on terminated tenancies.


The terms and conditions of the holiday letting through LJ Hooker Nelson Bay as agreed to by both parties are as follows, a breach of any of the following conditions will allow the owner to refuse handing over the keys, amend the rental or immediately terminate the tenancy. No refunds will be paid on terminated tenancies.

For the purpose of this document, and except where it is otherwise indicated, the representative of the owner of the property will be referred to as the “Agent’ and the occupier will be referred to as the ‘Registered Occupier’.

The premises are let to you for holiday purposes only for the period stated on the receipt. You also acknowledge that your stay does not constitute a landlord/tenant relationship between us and neither party are bound by legislation covering such relationships. If you do not agree with these terms and conditions we will not be able to provide you with the goods and services you require.

Reservation fee and Outstanding Payments.
A reservation fee of $200 along with the LJ Hooker Nelson Bay’s $77 booking fee and any further reseller fee must be paid within 2 working days of the Pending Reservation. This deposit will confirm the requested booking; if failed to arrange payment, the booking will be cancelled. Please also note due to online instant bookings with 3rd party sites Airbnb, booking.com etc unless a booking is confirmed and deposit paid an instant booking may take your dates and cancel your booking.

The balance of the total tariff must be paid 30 days prior to the confirmed arrival date. Monies can be paid via the following; Credit Card - MasterCard or Visa ONLY (Incurring a 2% Charge), Bank Cheque or Direct Deposit.


Check in and departure times.
Keys are to be collected from LJ Hooker Nelson Bay’s office at 31 Stockton Street, Nelson Bay. A maximum of two sets of keys can be provided per to a Registered Occupier, please note that, if necessary, only one remote/fob is provided.

Occupancy is due to commence from 2:00pm on the day of arrival and is to be vacated by 10:00am on the day of departure. Late key return will result in a minimum $50 charge.

Upon arrival, the said guest whom is the holder of the booking is to complete a guest registration form, this requests details of your name, address, contact numbers, drivers licence number as well as 100 points of identification and ALL credit card details required. Our use of your personal information is set out in our Privacy Statement which a copy can be requested. The person providing this information will be the Registered Occupier under these Terms & Conditions.

Failing to check out of the property on the check-out date will result in a police eviction, a lock smith attending the property to change all locks; the cost of this is the responsibility of the guest and an excess of $100 per day fee on top of tariffs.

Late arrivals.
Should you be arriving after hours, we must be notified at the time of booking. All monies are to be paid in full for alternative arrangements to be made.

You can check in anytime between the hours of 2PM and 5PM on Weekdays and between 2PM to 4PM on Saturdays. If you were unable to meet these times or are checking in on a Sunday or Public Holiday, we do have an afterhours service in which we can provide to you. If you require this service, please inform one of the members at LJ Hooker Nelson Bay prior to your day of arrival. Your security Bond will need to be paid prior to your arrival in these cases.

Refund of all monies held (less a $77 cancellation fee and the $77 booking fee) are only refundable if;

Cancellations are to be made in writing more than 10 weeks prior to arrival date or,
If the cancellation occurs within the 10-week period monies will only be refunded (less the $77 cancellation fee and $77 booking fee), if the property is to be re-let for the same period at full tariff.
If you cancel a booking made through Stayz, RentAHome, AirBNB or Booking.com or any other provider you may also be required to pay further fees for those providers.

If you are to shorten your stay the unused proportion of moneys paid is non-refundable.

Booking Fee.
Please note that a booking fee of $77.00 will be charged on all bookings. The booking fee is non-refundable

Guests Behaving Badly
We are members of Bad Books. It is a condition that we may disclose information about the Registered Occupier’s use of and behaviour while using the accommodation to Bad Books and to third party service providers, for example those that investigate or protect against activities harmful to guests, visitors, employees and others, or to property.

Once again, we can only use the Registered Occupiers’ personal information in accordance with our Privacy Act Statement. A copy of the Privacy Act Statement for Guests Behaving Badly Pty Limited is available upon request or at the web site.

Our confirmation of your reservation is based on your agreement that we may collect your personal information for the purpose of conducting a check on a data base to which we subscribe. We reserve the right to cancel your reservation should we determine as a result of that check that we are not able to provide you the goods and services you require.

Unless listed otherwise on the properties description, linen is not provided direct through LJ Hooker Nelson Bay. You are required to provide your own sheets and towels or alternatively you can hire linen by contacting Tomaree Linen Hire on (02) 4984 4451.

If evidence shows that sheets were not in place during occupancy, the Registered Occupier will be charged laundering fees in accordance to this breach.

Please note, blankets and pillows are provided throughout LJ Hooker Nelson Bay’s Holiday Rentals.

Security deposit.

General Security Bonds.
Regardless, a minimum-Security Bond of $500 is to be held / paid prior to collecting keys to any Holiday Accommodation. This Security Bond is a pre-authorisation held upon a credit card. The pre-authorisation will be held until LJ Hooker Nelson Bay has been given the OK from the departure inspection.

Should the Registered Occupier incur a claim on the Security Bond, the Agent will conduct a courtesy call or emailed notification of the claim and will further deduct the claim form the initial Security Bond.

If the claim is not at fault to the registered occupier, it is the registered occupier’s responsibility to retrieve funds from other parties involved. If no damage has occurred or no extra cleaning is required, the Security Bond will be released from the credit card within five business days of departure. Security Bonds cannot be in any circumstances refunded on the day of departure and are not available to be returned in cash.

Please Note: If you do not have a credit card, a $500 cash deposit is to be paid, this will be refunded via cheque within 5 working days of your departure.

Schoolies Security Bond
If a requested Schoolies Booking has been approved from owners, a $1000 direct deposit / cash Security Bond is to be held for any schoolies bookings honoured. It is their responsibility of ensuring that other occupants staying with them behave in an appropriate manner, and abide by LJ Hooker Nelson Bay’s Terms and Conditions.

Claims on Security Deposit
In the event a claim from the security deposit is made an administration fee of $55 will also be payable to LJ Hooker Nelson Bay.

Property Description
LJ Hooker describes the property to the best of their ability and in good faith. Images of the property in any brochure or on any website are to be taken as a general indication of the appearance of the property, for example it is possible that furniture has been replaced or moved. No responsibility or refunds for alleged false or misleading descriptions can be accepted. LJ Hooker Nelson Bay reserves the right to correct changes and amended prices from time to time as errors may occur.

In the event of minor faults and/ or malfunctions of appliances or inclusions, there is no obligation from the owner or LJ Hooker Nelson Bay to compensate or discount.

It is your responsibility to establish through the Agent that the accommodation being provided is suitable for your purpose. Whilst acting in good faith at all times regarding this aspect, the Agent does not accept responsibility for any misunderstandings which may occur. Also, the Agent is not responsible for actions taken by the owner of the accommodation. This may include but is not limited to selling the property, increasing the tariff, altering the d├ęcor, or withdrawing the property from the holiday letting pool.

Your Belongings
The agent is not responsible for the safe keeping of personal items which are left in the accommodation upon departure. However, if items are to be found and delivered to us by the property cleaners they will be held for claiming for a maximum of two weeks, if not claimed during this time items will be disposed of.

If claim is made and guest requests items to be posted, the agent will do so via Cash on Delivery. It is then your responsibility to pay for both packaging and postage upon your collection of these items.

Noise Control Regulations.
Guests are expected to respect their neighbours and the local community during their occupancy. Loud music, televisions or any other excessive noise will not be permitted between 10pm and 7am. We process our noise complaints in three simple steps;

First complaint, Agent will contact the guest or attend to the property during their occupancy as a consequence of the noise complaint (If agent is to attend to the property after hours, guest will incur a minimum charge of $50).

If guests do not take the first warning into consideration and a second or subsequent breach is made $100 will be deducted from the security bond.

If a third notification is made, this may lead to immediate termination of the occupancy agreement and full loss of security bond.

Use of the Property & Eviction
The Property is a residential dwelling within the Port Stephens community. The property is to be used strictly as a residential dwelling by the guests and number of occupants must not exceed the maximum set by LJ Hooker Nelson Bay. The property is not to be used for any other purpose or any greater number of occupants. The use of the property for a function, party or other like gathering is STRICTLY PROHIBITED. If you use the property for a function, party or other like gathering:

Your stay at the property will be terminated
All guests and other occupants of the property will be removed from the property by our security contractors and local police (if required)
All monies paid will be forfeited. In addition, the guest agrees to pay the cost of the Security Contractors, Police noise abatement orders ($220 per complaint) and noise pollution fines imposed by Port Stephens Council ($1500).

Internet Connection, TV Reception and Foxtel
The property may have a broadband internet connection (wired or wireless). The operation of any internet connection during your stay is not guaranteed and may be disrupted or unavailable. The guest will not hold LJ Hooker Nelson Bay liable for the availability or disruption in any internet connection.

TV and Foxtel reception can be unreliable in times of high wind or storm. Depending on the location of the property there may be low signal strength. The guest will not hold LJ Hooker Nelson Bay or the owner liable for any disruption in TV or Foxtel reception.

If Foxtel is provided at the property the extent of available channels will vary from property to property depending on the account the owner has set up with Foxtel. The guest will not hold LJ Hooker Nelson Bay or the owner liable for any channels that are unavailable.

During Your Stay.
We do not normally collect personal information about people staying with a Registered Occupier unless they are separately and individually our customer/s. However, we may record details of their behaviour and associate it with the Registered Occupier if they behave inappropriately. The Registered Occupier has the responsibility of ensuring that people staying with them behave in an appropriate manner, and abide by LJ Hooker Nelson Bay’s terms and conditions.

The number of occupants involved must not exceed the number stated on the confirmation. The Registered Occupier will be held responsible for the conduct of persons staying with them, and be financially liable for any costs arising from breaches of these Terms & Conditions. The Agent also reserves, the right to demand personal details of all of the occupiers of a property should the Agent deem it appropriate.

We reserve the right to terminate without notice the occupancy of the Registered Occupier, and persons staying with them, who behave inappropriately. This condition also applies to Registered Occupiers who entertain visitors who are in breach of these terms and conditions. Inappropriate behaviour includes but is not limited to breaches of these Terms and Conditions and include drunken, bullying, or loutish behaviour, the use of foul and indecent language, intimidation of Agent’s staff or other occupiers, malicious damage to property, unreported negligent damage, theft or any other form of behaviour deemed by the management to be a danger to the offending Registered Occupier, other persons, employees, contractors and the like.

No person on the premises shall be guilty of conduct that is a nuisance to adjoining or neighboring occupiers. In units, Strata Title by-laws and regulations must be observed

Gym Equipment, Pools and Spas
Use of gymnasium equipment in the property (if any) by the guest or any occupants occurs solely at the risk of the person using that equipment. Children must be prevented from using the gym equipment.

Use of swimming pool and/or spa (if any) by the guest or any occupant, supervision of children and others must be ensured always.

Owner Occupancy/unforeseen Owner/Agent cancellations.
Owner has the right to cancel any paid booking at any time. If this is to occur, all confirmed guests will be refunded all moneys paid.

Bookings are accepted by the agent in good faith, however, the guest acknowledges that the agent does not own the property and that the owner may instruct the agent to cancel or ask the guest to amend booking dates at any time up until the day of check-in.

Sometimes unforeseen circumstances arise and we are required to cancel bookings, we will give you as much notice as possible, if we can we will try and move your booking to another of our properties. If no available or suitable properties are vacant a full refund will be provided.

Management Body.
It is a condition of your stay in multi-unit accommodation that you comply with the terms and conditions as imposed by the management body of that accommodation.

No person on the premises shall be guilty of conduct that is a nuisance to adjoining or neighboring occupiers. In units, Strata Title by-laws and regulation must be observed.

Schoolies Bookings.
If a prospective guest is to request a schoolies booking they must disclose this information to the Agent within the specific requirements field of the booking requested made or over the phone to an LJ Hooker Nelson Bay Agent.

Please know that this request will be issued to the owner of the property and it is up to the landlord as to whether they wish to honour a schoolies booking or not. If this has been given the approval to proceed, the Registered Occupier will be required to complete the standard registry form upon arrival as stated in clause 1. Although, as stated in clause 8.b). there will be a security bond of $1000 direct deposit / cash with every schoolies booking, this is to be paid prior to the Registered Occupier collecting keys. If not or if the Registered Occupier refuses to do so, the booking will be cancelled.

If a schoolies booking has been made and has not been disclosed to the Agent prior to check in, the Agent is required to contact to owner for approval. If approval is not given, the standard cancellation conditions apply to the booking and the booking will be forfeited. If owner cannot be reached, the agent has the right to terminate the booking immediately.

As referred to in clause 13 there are strictly no parties or other like gatherings to be held on the premises. If the property is found or reported to the agent to be used in any of these prohibited conditions the agent has the right to terminate the booking immediately with no refunds given.

Breakages and damage.
As the Registered Occupier, you are responsible for all damages and losses incurred during the term of your occupancy, these are to be reported to our office and paid for immediately. The Registered Occupier agrees to allow access to the property by the Agent, or the Agent’s nominee, to carry out necessary repairs.

Maintenance Repairs
The Registered Occupier agrees to allow the agent or their nominee to enter the rented premises to arrange necessary repairs.

As the Registered Occupier, you are charged a cleaning fee. However, you are required to leave the property in a clean and tidy condition.

Please ensure that all rubbish has been removed from the inside of the property and placed in the wiz bins provided. The fridge is to be clear of all food items, all washing up has been complete and placed were originally found, dishwashers to be emptied and BBQ’s are to be cleaned after use. If these are not attended to, an extra cleaning charge may be applied.

The general cleanliness of the accommodation is to be such that extra cleaning is not required. Should extra cleaning be required it will be charged to the Registered Occupier at a minimum of $50.00.

Locked Out.
Occupants locked out of the premises after hours can contact Bay Locksmith on 4981 3428 this will be an extra charge to you and the fee is payable immediately directly to Bay Locksmith.

Lost Keys
If keys to the property are lost the guest will responsible for changing the locks and the cutting of 6 new sets of keys (2 guest sets, 1 owner set, 1 agent set, 1 trades set and 1 cleaners set.) Likewise, the replacement cost of any lost remotes, tags or fobs will be charged to the guest. The keys are your responsibility so please take care of them.

Agent Call Out.
Calling out the Agent outside of trading hours for matters which are determined by the Agent to be the Registered Occupiers responsibility incur a $50.00 fee.

Sale of Property.
When a booking is made, the deposit is accepted for the Owner at that time. If the Property is sold and the Ownership changes before your holiday, we cannot guarantee that the Property will remain available. Some Owners will keep the Property as a holiday rental, in which case your booking may not be affected. However if the Owner decides to move in to the Property or not rent the Property it will no longer be available. If the Property is sold, we will notify you as soon as practicable. We will do our best to organise alternative accommodation in another of our properties. If you choose to cancel altogether there are no cancellation fees and any payments you have made will be returned in full.

If LJ Hooker Nelson Bay believes that these Terms and Conditions may have been or are being breached, LJ Hooker Nelson Bay and/or security contractors may inspect the property at any time during your stay without notice. At all other times during your stay LJ Hooker Nelson Bay will provide 24 hours’ notice of any inspection that may be required for maintenance or any other management reason.

Garbage bins are provided with all properties. Please ensure all garbage is removed from your holiday property and placed in the bins provided. Please refer to the Compendium in your holiday property for bin collection day. You are required to place the bin on the kerbside for collection with the handle facing the property. Failure to do so will result in a cost of $150 plus a $55 administration fee being deducted from your bond for excess garbage collection.

In the event of minor faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner or LJ Hooker Nelson Bay to compensate or discount.

The property which you will be occupying is designated NON-SMOKING. Smoking is not permitted anywhere within the confines of your accommodation.

Unless listed within the properties description, pets are not permitted under any circumstances at any accommodation either inside the dwelling, or the grounds. If the property is to allow pets, as the registered occupier you are required to remove all animal droppings from the premises prior to your departure. If failed to do so excess charges will apply.

Guest will be required to pay the cost of fumigation of the accommodation and general cleaning, should evidence be forthcoming suggesting that either of these conditions has been breached.

Please Note: You will not be compensated for the loss of amenities within the property when the cause of the loss is beyond the control of the management.

We reserve the right to amend these terms and conditions without notice.

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