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.

HOLIDAY TERMS AND 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.

For the purpose of this document, and except where it is otherwise indicated, the representative or owner of the property will be referred to as “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.

Payments – Reservation fee and outstanding payments
A reservation fee of 50% of the tariff plus booking and cleaning fee, is required as a deposit to confirm the booking and is payable at the time of the booking. Balance of all outstanding monies is due 30 days prior to your arrival, with the exception of Christmas bookings (from 22 December to the end of the NSW public school holidays), where the balance is due on or before 1 November.
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) or direct deposit. No cash will be accepted.
At the time of reservation, a check-in form will be required to be completed.
 
Credit Card Fees
A 2% surcharge will be charged for any charges utilising a credit card.  LJ Hooker Nelson Bay only accepts Mastercard or VISA.
 
Security Bond
Regardless, a minimum-Security Bond of a minimum 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 14 business days of departure. Security Bonds cannot be in any circumstances released on the day of departure and are not available to be returned in cash. We only accept VISA or Mastercard for security bonds.
 
Property Tariffs
Please note that every effort has been made to maintain accuracy of the property tariffs, however LJ Hooker Nelson Bay reserves the right to correct changes and adjust prices from time to time as errors may occur. You will be advised of any adjustments to rices as soon as practicable. Rules may also apply at different times that dictate the minimum number of days for a particular rate to apply, or that require arrival on a particular day of the week with weekly bookings etc.
 
Property Description
LJ Hooker Nelson Bay 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 décor, or withdrawing the property from the holiday letting pool.


BBQ’s and Gas Bottles
Unfortunately, we cannot monitor the life expectancy of the items and if it needs changing throughout the duration of your stay, please replace and further provide the receipt to LJ Hooker Nelson Bay for reimbursement at departure along with your bank details. If the gas bottle is empty – turn the gas off and disconnect it. Please take empty bottle to a local service station and do a SWAP AND GO. Please ensure that you clean the BBQ or a $55.00 fee will be charged.

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 and secure payment from your security bond. (Costs will include a credit card fee).
 
Check-in and departure times
Keys are to be collected rom LJ Hooker Nelson Bays office at 31 Stockton Street, Nelson Bay. A maximum of two sets of keys can be provided to the registered occupier, please note that only one remote/fob maybe 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 charge of $70. The key must be returned to LJ Hooker Nelson Bay, 31 Stockton Street, Nelson Bay. There is a key return at the front door if the office is closed.
 
Prior to arrival, the said guest who is the holder of the booking is to complete a guest registration form, this requests details of your name, address, contact numbers, driver licence as well as 100 points of identification and all credit card details required for security bond.
 
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 a fee of $250 per day fee on top of tariffs will be charged.
 
Late Arrivals
Should you be arriving after hours, we must be notified at the time of the booking in writing via the booking platform. All monies are to paid in full including the security bond for alternative arrangements to be made.
 
You can check in anytime between the hours of 2pm and 5pm on weekdays and between 2pm and 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 communicate via the booking platform one day prior to your day of arrival. Your security bond will be required prior to your arrival.
 
Code of Conduct
For the new Holiday Rental Code of Conduct Reforms – please click here For the new Holiday Rental Code of Conduct Reforms – please click here 
https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf                


Refunds
Cancellations made before 30 days of your stay you will be refunded 50% of the reservation fee plus credit card fees. If dates are re-booked, we will refund you the entire reservation fee excluding $250.00 and credit card fees.
Cancellations made on or within 30 days of stay will not be refunded.
For all cancellations or changes please contact our office directly by phone 49842400. All cancellations will also be required in writing via the booking platform.
If you decide to shorten your stay the unused proportion of moneys paid is non-refundable.
 
If you cancel a booking made via any Third-Party Booking Channel you may also be required to pay further fees for those providers.
 
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, guest will incur a minimum charge of $100.00)
 
If guests do not take the first warning into consideration and a second or subsequent breach is made $200.00 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.
Security and Break-ins
All guests are responsible for keeping the property secure during their stay and will be responsible for any theft or damage to the property due to neglect in this area. It is important to ensure all windows and doors are closed and locked prior to departing the property.
 
Maintenance Repairs
The Registered Occupier agrees to allow the agent or their nominee to enter the rented premises to arrange necessary repairs.
 
Moving your booking to another property
At times situations arise beyond our or your control which may require relocating you to another property.
(eg: storm damage, essential services failures etc). LJ Hooker Nelson Bay reserves the right to move guests to alternate accommodation (subject to availability) at our discretion or the direct instruction of the owner of the property. If this is the case, we will notify you as soon as possible and make every reasonable effort to provide similar accommodation. We cannot guarantee accommodation and, should an alternative not be found, you will be refunded in full, and you agree to accept this as final resolution.
 
Indemnity
To the extent permitted by law, LJ Hooker Nelson Bay and the owners of the properties are not liable for any injury, debt, damage, loss, delay, expense or inconvenience arising out of or in connection with a booking at the property or your use of this website caused directly or indirectly by events beyond LJ Hooker Managements or the owner of the property’s control. No responsibility is taken for guest’s personal property left on or near the property. It is strongly recommended that guests take out personal property insurance or adequate travel insurance should any unexpected situation arise before or during your travel period.
 
You agree to indemnify and hold harmless LJ Hooker Nelson Bay and the owners of the properties against any claims, losses, damages, fines, penalties, legal costs or other costs or expenses of any kind, brought by third parties arising out of or in connection with your use of property (except to the extent directly caused or contributed to by LJ Hooker Nelson Bay or the owners of the property) or any breach of these Terms and Conditions.
 
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.
 
Lost Keys
If keys to the property are lost the guest will be responsible for changing the locks and the cutting of 6 new sets of keys. 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 Registered Occupiers responsibility will be charged $100.00.
 
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 our 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, we will issue you with a full refund not including credit card fees.
 
Lock Outs
Should a guest lock themselves out of their property during office hours, they may contact LJ Hooker Nelson Bay Management who will make every reasonable endeavour to provide spare keys at no cost. Should a guest lock themselves out of the property outside of business hours, a locksmith will attend the property. All charges will be charged to the reservation occupier.
 
Unnecessary Call Outs
Should a tradesperson be sent out upon your request to carry out a repair that was unnecessary, the cost of the callout will be charged to you. Common examples include not correctly operating televisions, ovens and washing machines.
 
Number of Occupants and Vehicles
Each holiday property is equipped for a specific number of guests. No additional mattresses, tents or caravans, or more cars than the property accommodates are allowed. If a property is reported to be overcrowded the tenants will be asked to vacate with no refund made.  If you have a toddler and you require to bring a travel cot please contact our office to discuss.
 
Use of Property & Eviction
The property is a residential dwelling within the Port Stephens community. The property is to be used strictly as a holiday dwelling by the guests and the number of occupants must not exceed the maximum set by LJ Hooker Nelson Bay. Where the property is a strata or community title property all occupants must abide by the building rules and by-laws. 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:
 
a; your stay at the property will be terminated;
b; all guests and other occupants of the property will be removed by security contractors and/or local police (if required);
c; all monies paid will be forfeited. In addition, the guest agrees to pay for the cost of the security contractors, police noise abatement orders and noise pollution fines imposed by council.
 
Wildlife
The properties are cleaned regularly, however, wildlife is common in coastal areas, LJ Hooker Nelson Bay and/or the owners of the properties do not accept liability nor will any compensation be offered for unfortunate visits of any wildlife including, but not limited to, rodents, insects, cockroaches, kangaroos, magpies, etc.
 
Cleaning
In the event that the property is not clean the guest is to contact LJ Hooker Nelson Bay on entry to the property. The guest must allow LJ Hooker Nelson Bay to rectify any issues and organise a cleaner to attend the property.  There will be no offer of compensation or refund of cleaning fees.  
 
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 bins provided. The fridge is to be clear of all food items, all washing up has been complete and placed where they were originally found, dishwashers to be emptied and BBQs 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.
 
In the event that a guest should dispute the cleanliness of a property they are to document and photograph the issues and report back to LJ Hooker Nelson Bay at the point of entry.
 
Garbage
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 your check-in envelope for bin collection day. You are required to place the bin on the kerbside for the collection with the handle facing the property. Failure to do so will result in a cost of $165.00 per bin and an administration fee of $55.00 being deducted from your security bond for excess garbage collection.
 
Maintenance
The registered occupier agrees to allow the agent or their nominee to enter the rented premises to arrange necessary repairs.
 
Linen
Blankets and/or doonas and pillows are supplied in all properties.
Some properties do provide full linen – this will be noted on the property listing
If you would like to hire additional linen you can do so by contacting
Tomaree Linen Hire 02 4984 4451.
 
Inspections
If LJ Hooker 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.
 
Discounts
In the event of minor faults and/or malfunction of appliances or inclusions there is no obligation from the owner or LJ Hooker Nelson Bay.
 
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 or 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.
 
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 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 and Conditions. The Agent also reserves, the right to demand personal details of all the occupiers of the 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 visitor 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 person, employees, contractors and the like.
 
No person on the premises shall be guilty of conduct that is a nuisance to adjoining or neighbouring occupiers. In units, Strata Title by-laws and regulations must be observed
 
No Smoking and No Pets
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 property’s 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. 
 
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 neighbouring occupiers. In units, Strata Title by-laws and regulation must be observed.
 
COVID-19
COVID-19 Certificates or medical exemptions will be required if requested.
Each property has been allocated a QR Code, please utilise this service.
If a guest becomes unwell and tests positive to COVID-19 a fee will be charged to the guest for a COVID-19 cleaning fee that will be conducted by an authorised specialised business. This clean will be conducted once the guest has left the property. At times we will require to negotiate vacate times to ensure a deep clean is conducted.  The reservation/guest will forfeit the entire accommodation, booking and cleaning fees.
LJ Hooker Nelson Bay follows the NSW Public Health Orders.
For further information www.nsw.gov.au
 
We reserve the right to amend these terms and conditions without notice.