Terms & Conditions

Luxury On The Bay – Terms & Conditions

These Terms & Conditions are between the Guest and Luxury On The Bay relating to the occupation of the Accommodation.

The Guest is granted a licence to occupy the Accommodation for confirmed booked dates only. The booking is for short-term holiday accommodation purposes only and does not create a residential tenancy agreement unless otherwise agreed in writing.

By proceeding with the booking, the Guest acknowledges and agrees to comply with these Terms & Conditions and the NSW Fair Trading Code of Conduct for the Short-Term Rental Accommodation Industry.

Booking Confirmation & Guest Verification

To finalise your booking, the primary guest must provide the required guest information within 24 hours of making the booking. This includes:

  • Full names and ages of all guests staying at the property
  • Primary guest residential address
  • Primary guest email address
  • Primary guest mobile phone number
  • Reason for stay

Failure to provide this information within 24 hours may result in the booking being cancelled.

Seven (7) days prior to arrival, the primary guest will receive a link to complete our secure online Guest Agreement and Check-In. As part of this process, the primary guest must provide:

  • A valid government-issued photo ID
  • Credit/debit card details for the security bond (where applicable)
  • Acceptance of the property’s Terms & Conditions

The booking will only be confirmed once all required information has been received and approved by Luxury On The Bay.

Luxury On The Bay reserves the right to refuse, cancel or terminate a booking where the required information is not provided, or where false or misleading information has been supplied.

Payments

A 50% deposit is required at the time of booking.

The remaining balance is due 30 days prior to arrival.

If the booking is made within 30 days of arrival, full payment is required at the time of booking.

Failure to make payment by the due date may result in cancellation of the booking without refund.

All rates are charged in Australian Dollars (AUD) and include GST where applicable.

We accept Visa and Mastercard payments only. A credit card surcharge applies to all card payments.

Bank transfer is available as a surcharge-free payment option. Bank transfer details will be provided upon request or included in the booking confirmation email. 

Unless otherwise agreed in writing, bookings exceeding 90 days will require a separate lease agreement, and these Terms & Conditions may no longer apply.

Security Bond & Guest Liability

A security bond/pre-authorisation is required prior to arrival. The amount will be outlined within your booking confirmation.

The security bond may be used for, but is not limited to:

  • Property damage
  • Excess cleaning
  • Smoking
  • Additional unauthorised guests
  • Noise complaints
  • Security call-out fees
  • Missing items
  • Late check-outs
  • Excess rubbish removal
  • Breaches of these Terms & Conditions

By providing payment details, the Guest authorises Luxury On The Bay to charge reasonable costs associated with damages, losses or breaches of these Terms & Conditions.

The Guest acknowledges and agrees that they are fully liable for all damage, loss, theft, repairs or associated costs caused during the booking period, including costs exceeding the security bond amount paid or pre-authorised.

Where damages exceed the bond amount, the Guest agrees to reimburse Luxury On The Bay and/or the Property Owner for all additional costs incurred, including repair costs, replacement costs, loss of income, legal fees and associated expenses.

NSW Code of Conduct

Guests booking accommodation in New South Wales must comply with the NSW Fair Trading Code of Conduct for the Short-Term Rental Accommodation Industry.

Any serious breach of the NSW Code of Conduct, including anti-social behaviour, excessive noise, parties, damage, abuse, threats, illegal activity or failure to comply with instructions from the Agent, may result in:

  • Immediate termination of the booking
  • Removal from the property
  • Loss of bond monies
  • Additional charges
  • Reporting to NSW Fair Trading and relevant authorities

Guests acknowledge that breaches of the NSW Code of Conduct may result in penalties and restrictions from booking short-term accommodation within NSW.

Cancellations

Guest cancellation requests must be made in writing via email including the reason for cancellation. 

  • More than 60 days prior to arrival: Full deposit refunded less administration fee
  • 60 days or less prior to arrival: 50% forfeited
  • 30 days or less prior to arrival: 100% forfeited unless a replacement booking is secured

A $150 administration fee applies to all cancellations and approved date changes.

Luxury On The Bay strongly recommends all Guests obtain comprehensive travel insurance.

Owner / Agent Cancellations

Luxury On The Bay reserves the right to alter or cancel bookings due to unforeseen circumstances, property damage, safety concerns, sale of property, owner instructions or events beyond reasonable control.

Where a booking is cancelled by the Agent or Owner, Guests will receive a refund of monies paid.

Luxury On The Bay will not be responsible for any third-party expenses including flights, transport, activities, insurance or associated travel costs.

Check-In & Check-Out

  • Check-in: From 3:00pm
  • Check-out: By 10:00am

Early check-ins and late check-outs are subject to availability and prior approval.

Unauthorised late departures may incur additional charges.

Guest Responsibilities

The Guest making the booking must remain at the property for the duration of the stay and is responsible for all occupants and visitors.

  • The primary booking Guest must generally be over 25 years of age unless otherwise approved in writing.
  • The number of Guests must not exceed the approved number stated on the booking confirmation.
  • Properties are for approved Guests only.
  • Subletting is strictly prohibited.

Luxury On The Bay reserves the right to immediately terminate bookings where unauthorised guests or visitors are identified.

Strict No Party Policy

Parties, events, gatherings, weddings, hens parties, bucks parties, Schoolies celebrations and functions are strictly prohibited unless approved in writing.

No loud noise or music is permitted after 9:00pm.

Noise complaints, security call-outs or breaches of local council or NSW regulations may result in immediate eviction without refund.

Guests must comply with all reasonable directions from the Agent, security personnel and local authorities.

Illegal Activity

Illegal activity, drug use, anti-social behaviour, abusive conduct or criminal activity is strictly prohibited and will result in immediate termination of the booking without refund.

Smoking

Smoking and vaping are strictly prohibited inside the property and on balconies unless otherwise advised.

Additional cleaning, deodorising or damage rectification costs resulting from smoking will be charged to the Guest.

Pets

Pets and animals are not permitted unless prior written approval has been provided.

Unauthorised pets may result in additional cleaning charges and termination of the booking.

Property Condition, Cleaning & Damages

Guests agree to leave the property in a clean and tidy condition.

Additional cleaning charges may apply for:

  • Excess rubbish
  • Dirty BBQs
  • Unwashed dishes
  • Stains
  • Sand or mud removal
  • Excessively dirty interiors or exteriors

Guests must immediately notify the Agent of any breakages, damage or maintenance concerns.

Repairs & Maintenance

Luxury On The Bay will endeavour to arrange repairs as quickly as possible; however, immediate repair cannot always be guaranteed.

No refunds or discounts will be provided for temporary failure of appliances, internet, utilities, air-conditioning, spas, pools or other amenities due to circumstances outside reasonable control.

Pools, Spas, Balconies & Outdoor Areas

Guests acknowledge that pools, spas, balconies, stairs and outdoor areas are used entirely at their own risk.

Children must be supervised at all times.

Luxury On The Bay and the Property Owner accept no responsibility for accidents, injuries, illness or loss occurring during the Guest’s stay.

Spa and pool use must comply with any house rules provided.

Fire Safety

Guests must familiarise themselves with evacuation diagrams, emergency exits and fire safety equipment.

Tampering with smoke alarms, extinguishers or safety devices is strictly prohibited and may result in immediate termination of the booking and additional penalties.

Keys & Security

Lost keys, remotes, fobs or access devices will incur replacement costs.

Guests must ensure the property is locked and secured when unattended.

Failure to secure the property may result in liability for theft, damages or associated losses.

CCTV & Security Devices

Some properties may have external CCTV or security cameras monitoring entrances, driveways or common areas for security purposes only.

No recording devices are installed inside the property.

Tampering with security devices is strictly prohibited.

Parking

Parking availability varies between properties.

Luxury On The Bay is not responsible for fines, towing, vehicle damage or availability of public street parking.

Guests must comply with all parking restrictions and body corporate regulations.

Internet & Utilities

Internet services are provided complimentary where available.

Luxury On The Bay is not responsible for interruptions to internet, utilities, mobile reception or streaming services.

Personal Property

Luxury On The Bay and the Property Owner are not responsible for Guests’ personal belongings.

Lost property, where found, may be returned at the Guest’s expense.

Coastal Environment Disclaimer

Properties located in coastal environments may experience insects, wildlife, salt exposure, weather impacts, neighbouring construction, traffic noise or temporary interruptions outside the Agent’s control.

No compensation or refunds will be provided for these occurrences.

Force Majeure

Luxury On The Bay and the Property Owner are not liable for events beyond reasonable control including but not limited to:

  • Floods
  • Storms
  • Power outages
  • Internet outages
  • Road closures
  • Natural disasters
  • Pandemics
  • Government restrictions
  • Construction works
  • Acts of God

No refunds or compensation will be payable in these circumstances.

Right of Entry

The Agent, Owner or authorised contractors may enter the property where reasonably necessary for:

  • Emergencies
  • Maintenance
  • Repairs
  • Inspections
  • Safety concerns
  • Enforcement of these Terms & Conditions

Indemnity

The Guest agrees to indemnify and hold harmless Luxury On The Bay, the Property Owner and their representatives against any claims, damages, liabilities, losses, legal costs or expenses arising from:

  • Breach of these Terms & Conditions
  • Damage caused by the Guest or visitors
  • Injury occurring during the stay
  • Use of the property or facilities

Privacy

Luxury On The Bay respects your privacy and will manage personal information in accordance with applicable Australian privacy laws.

Guest information may be shared with staff, contractors, security providers or authorities where reasonably required to manage bookings, property security or legal obligations.

Breach of Terms

Any breach of these Terms & Conditions permits Luxury On The Bay to:

  • Refuse entry
  • Cancel the booking
  • Remove Guests from the property
  • Retain bond monies
  • Recover additional damages and costs

No refunds will be provided where a booking is terminated due to breaches of these Terms & Conditions.