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Accommodation Bookings

Terms & Conditions

Effective 21 August 2023

A reservation can be terminated at any time if a material term or condition of this agreement is breached. Please read these terms and conditions carefully. When you make a reservation, these conditions are deemed to have been accepted by all guests, whether registered or not.

You have booked with Prickly Pear Stays (PPS). Guests are granted a licence to occupy the property for the booking dates only. This is not a residential tenancy agreement/lease.

Failure to comply with these terms and conditions and/or relevant codes may result in a claim at a relevant state or territory civil and administrative tribunal, termination of the licence to occupy the property, eviction, registration on exclusion registers, and/or reviews on booking sites.

If you need clarification of any term or condition or have any issue, before, during or after the stay please contact the host immediately on the number provided to you. Compensation will not be considered unless we have been informed of any issues during the stay and allowed the opportunity to remedy.

Summary

The property must not be used by more than the number of guests booked and paid for on your reservation, either visiting or staying at the property, without written approval. The booking period shall not exceed 90 days and should the booking period extend beyond 90 days, a lease will be drafted, which will replace these Terms and Conditions.

All guests must abide by the property’s House Rules and are required to ensure noise levels are kept to a minimum from 10 pm until 7 am the next morning.

Pets are not permitted unless permission has been granted. Where permission has been granted you will be provided with specific details noted in your booking and may be required to pay the pet fee charge.

Smoking is not permitted anywhere inside a property or on any balconies.

No commercial activity is to take place at the property.

Credit Card - PPS accepts BankCard, MasterCard, Visa and American Express. All credit card charges incur a merchant surcharge.

The responsible renter must be at least 21 years of age. Guests under 21 years of age are welcome but must be accompanied by a parent or guardian.

Issues – If you encounter any issues, before or during the stay you must immediately contact the host on the number provided to you so that we can attempt to correct the issue promptly. No compensation will be considered unless we have been informed during the stay and allowed the opportunity to remedy the issue.

Bookings & Payment

Booking Details & Process

We reserve the right to refuse any booking request. Guest registration is required for all bookings and guest reservations must be in the same name as the payment details provided.

Two days prior to the arrival date, guests are sent an online check-in link to complete. The online check-in requires the guest to confirm their booking details, and personal details including their driver’s license or passport number, and advise their estimated arrival time.

Two days prior to the arrival date, our system will process a $200 pre-authorisation to the guest’s credit card. The pre-authorisation is purely a hold of funds to act as a security of any additional charges that may be incurred.

Guests will not be provided with their check-in information until the guest registration is completed and the $200 pre-authorisation is successfully processed.

Check-in is from 3 pm. Check-out is before 10 am.

NOTE: These times may be adjusted. There will be no refund or credit should these times be adjusted after you have booked the property. Further, we cannot guarantee that a property will be ready at the said check-in time. We will endeavour to have the property ready; however, unforeseen circumstances can result in delays. In the case of a delay, there will be no compensation provided.

We may be able to offer an early check-in or late check-out, however, this may incur an additional charge. We cannot always guarantee that the property will be accessible at the agreed time. If we are unable to honour the early check-in or late check-out due to an unforeseen circumstance, a full refund of the fees charged above the property tariff will be reimbursed. Unauthorised early check-in or late check-out will be charged a minimum of $50 per stay.

Changes to Booking

The tariff is for the agreed number of guests detailed in the confirmation email sent to you at the time of booking. If there is a change or discrepancy, you must contact us to make changes and ensure that changes are documented. If the property has an extra guest charge above a certain number, you must pay the additional fee.

Paying a deposit reserves a specific property for specific dates. The dates and the property cannot be changed by the guest, and we cannot transfer bookings between properties - doing so would effectively cancel the original reservation and cancellation terms will apply.

No refunds are provided for late arrivals, early departures or unused days of your reservation. The guest must advise our team at least 5 days before the stay if additional guests will be staying and extra bedding is required. Any additional requests 5 days before check-in cannot be guaranteed.

Cancellation Policy

Cancellation made by guest

Guest Cancellation Policy – Cancellations or amendments will not take effect until the guest receives an email confirmation from the property.

Bookings made directly with PPS or via an Online Travel Agent may have the option of booking a non-refundable reservation or a flexible reservation.

Non-refundable reservations require full pre-payment at the time of booking. No amendments and cancellations are permitted. In the event that a guest cancels a booking or does not check-in for a booking, the property will be released after the first night. The full payment for the entire stay will be charged.

Flexible reservations allow cancellation and amendments up to 5days prior to the arrival date. Payment will be taken 5 days prior to the arrival date, after which no refunds, cancellations or amendments are permitted.

Bookings made via Airbnb are subject to a moderate 5-day policy. Cancellations made more than 5 days before the arrival date are entitled to a 50% refund, with the exception of booking fees.

Cancellation made by us

We reserve the right to make alterations to bookings due to unforeseen circumstances (e.g. fire, flood, property damage, government regulations, etc.). If we cancel the booking, we will refund any fees paid to date by you. We will not be liable to refund you for any fees you may have paid to any third party in connection with your stay (including, without limitation, fees for travel, entertainment, activities or insurance).

Cancellation due to government restrictions on travel

In the event of a forced cancellation due to blanket government restrictions on travel, guests will be offered a postponement of their booking. Prices are seasonal and subject to inflation and change, therefore an additional payment may be required to secure the same property for future dates. A credit voucher to the value of the original booking will be issued. This will be valid for 12 months from the issue date. The original deposit will be held in trust and credited to the new booking. There are no refunds in these circumstances unless genuine hardship can be proven. Normal cancellation terms apply if you or any of your guests need to cancel or shorten your stay because of a positive COVID test, being a close contact or being forced to self-isolate for any reason.

Cancellation due to non-payment by the due date

Cancellation of the accommodation due to non-payment of the balance by the due date will result in the loss of all monies paid.

Travel insurance

Guests are strongly encouraged to take out travel insurance to cover extraordinary events.

Payments

To proceed with a booking via our website, the following payment conditions apply (for other booking sites please see their payment terms):

  • Deposit is due at the time of the booking;
  • Balance of all outstanding monies is due 3 days prior to your arrival.

Our system will generate a balance reminder to be sent to your email. Payment will be taken on the balance due date from the card provided at the time of booking and held on file. Bookings will be cancelled if payment is not received in accordance with the above terms. All payments are to be made by credit card and will incur merchant surcharges. Any service fee/surcharge is non-refundable. By paying a deposit or any monies for the accommodation, you agree undisputedly to abide by these Terms and Conditions.

Credit Card Storage

We will securely save credit card details for the purpose of:

  • Processing payments on the due date;
  • Charging a call-out fee for the resupply of duplicate keys or re-entry into the property in the amount of $160;
  • Charging for the cutting of a new key in the amount of $20;
  • Charging the guest if:
  • A representative of PPS attends to the property to investigate an issue that is then deemed to be caused by the guest ($700 per call out);
  • A tradesperson attends the property to fix an issue that is deemed to be caused by the guest ($700 per call out);
  • Charging $500 per offence should there be a credible noise complaint by the neighbours and/or a charge of $200 should the police/security be called to the property and they deem the noise levels disruptive to neighbours;
  • Charging $2000 per offence if there is evidence of a party or function at the property;
  • Charging the cost to repair or replace any malicious, deliberate or negligent damage to the property;
  • Charging the cost to steam clean carpets, furnishings, linens etc if pets are at a non-pet friendly property, pets have been allowed on furniture or in/on beds, or there is evidence of smoking inside the property;
  • Charging applicable surcharges if pets are at a property without prior consent;
  • Charging for the cost to remove excess rubbish left at the property or on the building’s premises;
  • Charging $200 per item for any lost remote controls for the TV, air conditioning or other appliances;
  • Charging any pay-per-view program that has not been paid for by the guest in advance.

We will only charge the guest’s card in accordance with our terms and conditions and any applicable Australian Laws. All charges will be subject to a service fee and an administration fee.

Pre-authorisation Security Deposit

Our team thoroughly inspects each home regularly, including taking inventory of contents between each guest stay. You are financially responsible for all damage or loss to the property and its contents from the date and time you check in until you check out. To avoid erroneous blame, you are required to immediately notify the host on the number provided to you, if anything is amiss when you arrive at the property, or if you become aware of any health and safety risks.

A $200 credit card pre-authorisation will be used as a security deposit to offset any incidental charges that may be incurred. The pre-authorisation is a hold of the funds, not a charge. Once released by PPS, the return of the funds is dependent on the bank. The estimated release of the pre-authorisation is 5 working days or 12 working days for overseas cards. The pre-authorisation will automatically take effect 2 days prior to the check-in date. It is the guest’s responsibility to ensure that there are sufficient funds for the $200 transaction to occur. If the property does not successfully transact a $200 pre-authorisation prior to your arrival, the booking will be cancelled.

Guest Information & Obligations

It is a condition of your stay that you adhere to these Terms and Conditions and our House Rules and that you leave the property promptly after adhering to the departure checklist. Guests must always abide by the local council and state planning laws and guidelines regarding short-term residential accommodation.

Responsible Renter

As the responsible renter, you agree to be an occupant of the property for the entire duration of the stay. All other permitted occupants will be family members, friends, and other responsible adults over 21, or children accompanied by a parent or legal guardian.

Keys

A call-out fee of $160 applies if a set of duplicate keys are required by a guest, in addition to the cost of replacing the keys/fobs ($20 each for keys). If we are unable to provide a key/fob for any reason, then the guest will need to engage the services of a qualified locksmith to gain access. The locksmith’s invoice must be paid directly to the locksmith at that time by the guest.

Guests must not break into or attempt to break into the premises when locked out. Keys must be returned on check-out as per the instructions provided. Should the keys not be returned, the guest will be liable for any charge incurred in gaining entry and/or replacing keys and changing locks if necessary, plus a processing fee (with a minimum charge of $160).

Cleaning

The cost of cleaning is included in the full tariff, however, if excessive cleaning is required over and above what is considered by PPS to be a standard clean, the guest will be charged at cost.

A weekly service clean is required for all bookings of more than 7 nights. Guests are required to pay for this additional cleaning charge.

Rubbish

You must take any excess rubbish with you that does not fit in the provided bins when you leave. You will be charged a tipping fee (at cost) if excess rubbish is left at the property.

Loss and Damage

All damages, breakages or losses to the property, furniture and furnishing are to be reported immediately. Should you discover a fault or breakage when you arrive, you must contact the host immediately on the number provided to you to avoid being charged for this damage.

Children

No responsibility will be taken for children staying at or visiting the property. Please supervise carefully, always taking into consideration fencing, pools, dams, stairs, verandahs, balconies and cleaning chemicals. Where there is a bunk bed, children under the age of 10 years old must not sleep on the top bed of a bunk.

Issues before or during the stay

If you encounter an issue before or during the stay, you must contact the host immediately on the number provided to you so that we can attempt to fix it. We will not be able to consider compensation unless we have been afforded the opportunity to remedy any issue. We will do our best to provide attention to any issue but cannot guarantee a fix.

Call Out

Should the host, a tradesperson or a representative from our team be called to the property and the issue is deemed to be caused by a guest or equipment owned by a guest, or because a guest has not followed instructions provided at the property or via phone, the guest will be responsible for payment of the invoice for the tradesperson and the call out fee of the host of $700.00 at the time of the callout. Prior to being called out, you agree that you may be asked to participate in basic troubleshooting.

Smoking

Smoking and vaping are not permitted inside any of our properties, including on any balconies. If you need to smoke or vape, you must do so away from the property to ensure that the smoke does not enter the property. If evidence of smoking inside the property is detected, you will be charged for steam cleaning of carpets and furniture, laundering of all soft furnishings and linens, plus replacement of linen where necessary.

Third-party services

Should you engage the services of a third party during your stay such as a caterer, beautician, massage therapist etc., it is your responsibility to ensure that they adhere to these Terms and Conditions and hold appropriate Public Liability Insurance. PPS and the housekeepers will not take any responsibility for any issues arising where a third party has been involved.

Number of guests

Each property is equipped for a specific number of guests. No mattresses, tents, caravans or more cars than the property accommodates are allowed. The guest limits apply for the duration of the booking. Any extra guests (this includes day visitors) above those that have been booked and paid for must be approved in writing prior to the stay. PPS reserves the right to charge for extra guests/visitors and/or to decline any request. Any unapproved excess guests/visitors may result in a party/function/extra guest fine of $1000, registration with industry exclusion registers, and/or traveller reviews on booking sites.

No-Party Policy and Noise

We enforce a no-party policy. This means that we do not permit unapproved/ excessive guests and or visors to attend the property. We simply do not permit excess noise or excess guests, you may be asked to leave the property IMMEDIATELY with no monetary refund. Noise audible outside the property is prohibited between 10 pm and 7 am the next morning. In addition, if our staff, security guards or the police are called to the property to deal with noise complaints or excess guests, or if we receive complaint/s from the neighbours during or after your stay, a fee of $2000 per offence will be charged. Noise disruption for these purposes includes loud behaviour of any type that disrupts the peace and quiet of others, intrusive or abusive language, loud music or any other sounds affecting other residents that is audible outside the boundaries of the property.

Good Neighbour Policy

The property is a privately-owned home, and we enforce a ‘Good Neighbour Policy’. Please treat the property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. All occupants of the property agree to conduct themselves throughout the stay in a manner that is respectful of and not disruptive to neighbours, traffic flow, or the community and that will not prompt complaints to PPS from the police, local council or neighbours. You and other occupants agree to abide by all applicable parking restrictions and limitations.

Security

To prevent theft of or damage to furnishings or your personal belongings, you agree to close and lock doors and windows when you are not present at the property and upon check out. Should you not be able to secure the property you must contact the host immediately on the number provided to you. PPS will not take responsibility for any loss of guest belongings during or after your stay.

Surveillance

For the protection of the building, its residents and guests, an external video surveillance system may be in use throughout the building where the property is located. You consent to the use of external video surveillance systems during your stay. Your property may also be fitted with smart smoke and noise detectors which will alert your host if the property is being used beyond appropriate noise levels or if cigarette/vaping smoke is detected within the property.

Pets

Pets are not allowed on the property at any time. However, in certain circumstances, the Host may permit a pet to be brought onto the property. Any approvals must be provided to the guest in writing by the host. Where approval has been provided by the host, a pet surcharge will apply of $150 per stay.

If evidence of a pet is discovered without approval, guests will be charged for steam cleaning of carpets, furniture and/or mess left by the pet/s, plus our standard pet charge for the duration of the stay.

If approval is provided for your pet, it is expected that a few simple rules of courtesy are followed:

  • All pets must be approved in writing prior to the stay;
  • Any pet faeces, including outdoors, must be wrapped and placed in outside bins;
  • Pet bedding must be provided by the guest;
  • Pets are not to be taken onto carpeted areas of the property;
  • Pets are not allowed on any furniture, including in or on beds;
  • Pets are not to use the shared backyard for relieving themselves and must instead be taken to the street;
  • The guest agrees to pay for any damage, or extra cleaning required resulting from the pet having stayed, whether approved or not.

Criminal Activity

Use of the property for any criminal activity is prohibited and may result in fines or prosecutions. This prohibition extends to the use of the property’s internet service, if any, for criminal activity. We will cooperate with any investigation of alleged criminal activity at the property during the stay.

Guest belongings

Guests are solely responsible for their belongings whilst staying at the property and are required to take the usual steps to prevent any property loss, including locking premises and vehicles when not attended. If personal property is left behind, it is the guest’s responsibility to retrieve it by providing PPS with a suitable Australia Post prepaid satchel for its return or by collecting the item from one of our offices. We reserve the right to charge a $25 fee to collect lost property. If not claimed within 30 days, unclaimed items will be donated to charity. PPS cannot be held responsible for forces of nature that result in damages or loss of guest belongings.

Internet

Internet access is provided as a convenience to residents but uninterrupted connection cannot be guaranteed. Due to the intermittent/unpredictable nature of technical issues beyond our control, you agree not to make any claim for a refund or discount on the accommodation fee should the internet service be unavailable at any time during your stay.

Suburb noise

Our properties are located in a suburban location where, from time to time, there may be building/construction on buildings within the vicinity. You agree that PPS takes no responsibility for any issues relating to noise in this regard.

Claims

Claims may include, but are not limited to excess cleaning fee; damage or breakages; excess garbage removal; damage or issues caused by pets; smoking inside the property/balconies; attendance by tradespeople or PPS representatives; noise complaints; BBQs left unclean; overstays at the property; guests in excess of those booked and paid for; police or security guard call outs; registration on/or reporting to exclusion registers; or any issue caused by the guest. We reserve the right to attend SACAT or the equivalent in other states to recover these costs, and any costs not able to be processed to the credit card on file.

Other Terms

We have taken great care to describe your holiday accommodation to you as accurately as possible. We cannot accept responsibility for incorrect descriptions, errors or omissions.

Substitution of property and price changes

At times, situations arise over which we have no control such as ownership changes, extensive repairs or maintenance, or if properties are removed from the holiday rental market. We reserve the right to offer guests alternate accommodation of a similar standard, as available, at our discretion. In this unlikely event, we will notify you as soon as possible and make every reasonable effort to ensure you are satisfied. We cannot guarantee accommodation and, should an alternative not be found by our team, you will be refunded in full, and you agree to accept this as the final resolution.

Price Changes

In the event that a property undergoes major renovation between the time the booking is made, deposit paid and the dates of the stay, accommodation rates may be subject to an increase. Should this occur you will be notified and given the opportunity to pay the difference in the tariff - we may also be able to find alternative accommodation within your budget. If this is not a satisfactory outcome for you, a full refund will be processed, and you agree to accept this as the final resolution.

Insects

Our properties are maintained and cleaned regularly, however, please note we are located in a tropical country and therefore small insects such as mosquitoes and moths may be present. Avoid leaving food behind and/or leaving windows and doors open at night as these insects may find their way in. We do our utmost to prevent this, but please do not be alarmed if one is sighted and simply inform your host and we will do our best to help you.

PPS does not accept liability, nor will any compensation be offered for the unfortunate or seasonal visits of any insects including, but not limited to insects, cockroaches, spiders, snakes, etc.

Attendance at Property

PPS and/or its representatives reserve the right to enter the property at any time, without notice, to protect and/or undertake maintenance of the property. We will provide notice to the guests wherever possible.

Equipment

PPS does not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas, internet and appliances. In the event of a failure, the guest must, in the first instance, notify the host on the number provided. Any problems that arise during the rental period that do not constitute an emergency as determined by the host, will be remedied at any time during or after the rental period, at the sole discretion of the host. No refund, compensation or guarantees are given for any unusable appliances or services.

Limited Liability

To the maximum extent permitted by law, in no case shall we, the host, nor its affiliates, officers, directors, employees or agents be liable for any indirect, incidental, consequential, special or exemplary damages or for any damages for death, personal or bodily injury, emotional distress or damage to property, arising out of or in connection with your stay. This limitation applies to all claims for damages including negligence even if the host has been advised of the possibility of such.

You acknowledge that we have no liability for the use of any of the common area facilities where the property is located, which may result in injury, loss or damage to you or your property.

Indemnity

The host does not accept liability for any loss, before, during or after a booking relating to events out of our control such as delays whilst the guest is travelling to the property, flight delays, weather events during the stay etc and no refund will be offered under these circumstances. You will agree to accept this as the final resolution.

Code of Conduct/Bad Books Register/Traveller Feedback

By making this booking you hereby agree that if you or any occupant covered by this booking breaches our terms and conditions your name, phone number, home address and email address, as well as those of any guest staying with you along with details of the breach/es may be registered with any industry exclusion register and shared with other members of the short term rental industry. Traveller feedback may also be entered into the applicable online portals. We reserve the right to refuse or cancel a booking where a guest is registered on these sites or has received negative feedback from other booking sites or travel agents.

Acceptance of Terms and Conditions

These Terms and Conditions and House Rules represent the entire agreement between the parties and supersede any previous marketing information, representations, or agreements, whether verbal, recorded in writing or otherwise.

The parties agree that these Terms and Conditions are fair and reasonable in all circumstances. However, if any provision of these terms is held not to be valid by a Court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid, the remaining provisions of these terms shall remain in full force and effect.

If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.