Terms and Conditions

KANGAROO VALLEY ESCAPES – TERMS AND CONDITIONS

Our terms & conditions are set out below. If you book via a third party website such as Airbnb, different terms & conditions may apply to your booking.

THE TOP TEN CONDITIONS OF BOOKING WITH US

1. NSW mandatory Code of Conduct and bond – you must abide by the good behaviour requirements of the mandatory Code of Conduct that applies to all holiday rentals in NSW.  In addition, your property will stipulate either a “cash bond” or a pre-authorisation on your credit card.  Without this in place, you will NOT be given access to the property
2. 48 hour cooling off period – once your deposit is paid (and provided your arrival is not within 48 hours), you have 48 hours to cancel a booking without our cancellation policy applying
3. No parties – weddings, parties with loud music or excessive drinking, schoolies, bucks and hens nights are not accepted at any of our properties.  If you book for this purpose, you will be evicted without any compensation
4. Limited guarantee – Kangaroo Valley Escapes and the owner will use their best endeavours to present the property in good working order, however cannot guarantee every aspect of the property, especially in relation to electrical circuitry, appliances, wifi, television reception, barbecue lighters, and the functioning of pools and spas.  No compensation is payable in relation to the failure of such items
5. Report issues when in house – if you have an issue during your stay, please report it to us so that we have the opportunity to rectify it.  We will not compensate for issues that are reported late or after you vacate the property, or if you do not give us the opportunity to rectify the situation
6. Owner right to withdraw – an owner is entitled to withdraw a property from the rental pool at any time because of a sale of the property or for any other reason. If this happens, we will offer you alternative accommodation, or all monies will be refunded to you without any charges
7. Force majeure and CV19 – Kangaroo Valley Escapes or the owner will not be responsible for any loss of enjoyment caused by the effects of bush fires, excessive rain, storm activity, lightning strikes, power failures, beach erosion, seaweed, or any other commonly recognised force majeure event.  Please also note and book according to our coronavirus special conditions set out below
8. Binding booking – your booking is not binding on us, the property owner or you until you have paid your deposit, thereby accepting our terms and conditions.  Legally, the booking is made between you and the property owner. We are the agent for the owner and may therefore need to consult the owner regarding any pricing, refund, bond claim or booking issue
9. Time charge – we charge $66 per hour for our time if we have to chase up lost property or deal with a bond issue created by you or your guests
10. This agreement is governed by the laws of New South Wales

BOOKING, DEPOSIT AND BALANCE PAYMENT

1. A booking may be held but will not be legally binding on the Kangaroo Valley Escapes or the owner until a deposit is paid.  To proceed with a booking, the following deposit and final payment rules apply:
   1. Bookings made more than 21 days before arrival: 50% deposit required and balance 21 days prior to arrival
   2. Bookings made within 21 days of arrival: 100% payment upon booking
2. Bookings may be cancelled in our sole discretion if a deposit is not paid promptly
3. A balance payment email will be sent to you 21 days before arrival.  If not acted upon, we may use any credit card details that are saved in our system to make a balance payment on your behalf
4. Once a deposit is paid for a booking, we reserve the right to charge an additional fee of $50 for each change that is made to dates or other particulars
5. If a particular special is not available at the time of making your booking, we are under no obligation to retrospectively apply it to your booking

BOND CLAIMS AND CREDIT CARD PRE-AUTHORISATION

1. Your property may specify a cash bond, which will be collected at the time of paying the final monies for your booking, 21 days prior to arrival
2. If your property does not stipulate a cash bond, we will automatically process a pre-authorisation for the amount specified for your property on or before day of arrival.  If you do NOT have sufficient funds on the card, you will not be given access to the property
3. The pre-authorisation will stay in place during your stay and then lapse automatically according to your bank’s policies and the card type.  When exactly a pre-authorisation lapses is not controlled by us
4. Your obligations under a bond claim will include the following:
   1. damage to the property or furnishings, repairs and/or replacement of items, and breakages – at cost
   2. excess cleaning or repositioning moved furniture – at cost based on hourly rates for the cleaners
   3. overloading the house with excess guests – $100 per guest per night
   4. having pets at the house without permission – $100 per pet
   5. production of an excessive or unreasonable amount of rubbish – at cost for our time and tip fees
   6. lost keys and/or garage/alarm remotes – at cost for our time and the cost of replacing the items in question
   7. late departure – $100 per hour
   8. noise complaints, anti-social behaviour or any other disruption requiring attention by one of our staff – $100 per incident or call out
   9. any other losses sustained by the owner of the Property as a direct or indirect consequence of the actions of you or your guests
   10. loss of rent – the value of any loss of rent caused to the owner by your damage to the property
   11. eviction due to disruption, excess damage, bad behaviour or breach of these terms and conditions – forfeiture of all rent monies + forfeiture of the full bond or pre-authorisation amount
   12. not cleaning the BBQ prior to departure – $55 cleaning fee
5. We are not obliged to inform you before we make any charges against your credit card, if you are in breach of the above obligations
6. In addition, if a cash bond or pre-authorisation amount is not sufficient for damage or extra costs, we reserve the right to use your credit card details to obtain additional compensation for the owner and /or take other legal action to recover monies due
7. If required a tax invoice for the amount of any bond claim will be provided by us

RETURN OF CASH BONDS

1. If a cash bond applies, we will return the bond to you within 10 business days of your departure date.  This gives us time to receive and investigate any potential bond issues arising during your stay.  We will however endeavour to return your cash bond before 10 business days have passed
2. To help us expedite this process, please send us your bank account details upon departure, so that we can process a refund.  Or if the cash bond was paid by credit card, we will return the cash bond to the credit card held on file

CANCELLATIONS AND DATE CHANGES

1. To secure your booking you are required to pay a 50% deposit + $50 booking fee.  21 days prior to your arrival, the balance of monies will be due and payable.  If you book within 21 days of arrival, the full value of the booking is payable at the time of booking
2. Once you have paid any monies to us, no cancellation refunds will be granted unless:
   1. you cancel within 48 hours of the time of booking – our cooling off period – in which case all monies will be refunded without penalty
   2. the owner withdraws the property from the rental pool for any reason whatsoever (including safety issues or a sale of the property), in which case all monies will be refunded without penalty
   3. otherwise:
      1. if you are within 3 months of the date of stay, no cancellation will be allowed unless the property is rebooked to another guest for the same value
      2. if your stay is more than 3 months away, cancellation will be permissible, less our cancellation fees
      3. if your booking has been postponed due to a coronavirus lock down, you may cancel your second / postponed booking, but you may not be entitled to a refund if you choose to do that
3. All cancellation refunds instigated by you are subject to a cancellation fee of $110.00 + $50.00 booking fee
4. A date change is not permissible unless we or the owner, in our sole discretion, agree to your requested date change.  We also reserve the right to charge a $66 fee for date changes.  As a general rule, any date change within 21 days of arrival will not be permitted

CHECK IN AND CHECK OUT TIMES

The following check in and check out times apply:

1. Peak season bookings (circa mid-December to Australia Day)
   • Check in – 2pm
   • Check out – 10am
   • No early check ins or late check outs, sorry!
2. Out of peak season bookings:
   • Check in – 2pm
   • Check out – 10am
   • Late check out on Sunday or public holiday – a 4 pm check out may be granted and this will be made clear in our booking emails

PAYMENT METHODS AND CREDIT CARD CHARGES

Payment can be made by credit card or direct deposit.  A 1.25% surcharge applies to Visa and Mastercard payments.

To make payment, please do the following:

1. Credit card – please either:
   1. follow the payment instructions given by us in your booking emails and other correspondence
   2. call our office on 02 4411 7000 and provide your credit card details to us
2. Direct deposit – please use your booking number as your reference.  Failing that, please include your surname in the description:

• Holidays Collection Trust Account
• ANZ Bank
• BSB 012 547
• Account 476 173 388

TENANT OBLIGATIONS

1. No damages – you as the tenant accept responsibility for and agree to indemnify us and/or the owner against any loss or damage or breakages to the premises or the household contents caused by you or your guests.  Damages or breakages in excess of normal wear and tear will be charged to you
2. Cleanliness – you, as the tenant, agree that the property will be left in a neat and tidy condition which includes washing up dirty dishes or emptying the dishwasher, removal of rubbish
3. Moving furniture and un-cabling electronic devices – please do not move furniture around the house or un-cable televisions or other electronic devices.  If the cleaners or a technician are required to spend time rectifying what you have done, you will be charged
4. No noise disruption – social gatherings can be held (within reason) however extended parties, loud music and anti-social behaviour will not be tolerated.  If a warning about noise is given to you or your guests without effect, you may be asked to leave the property and the tenancy will be terminated IMMEDIATELY with no refund of monies
5. No fireworks – fireworks are illegal in New South Wales – at all times of the year, so if they are reported, we are obliged to notify the police.
6. Safe custody of keys – at all times during your stay, you must keep safe custody of the keys provided to you.  A lock out fee of $66 will apply if one of our staff is called to the property outside of office hours to assist with keys having been locked inside the property.  If keys are lost, a fee of $66 will apply plus the cost of obtaining a replacement set of keys including remote control dongles.
7. Lock up and return of keys – upon vacating please ensure that all doors and windows are locked and that keys are returned to the property’s key lock box.  Do not leave keys at the property or at any other location.
8. Number of guests – your agreement is for the number of guests displayed on the website for the property. Numbers in excess of this will result in a fee of $100 per night, per person.  The owner of the property will however be given the right to terminate, without refund
9. Number of beds – no additional mattresses, tents or caravans are permitted in or on the grounds of the property at any time

KANGAROO VALLEY ESCAPES & OWNER OBLIGATIONS

1. Rectification of issues – whilst we and the owners of the properties take care to keep the houses in good condition and good working order, nevertheless breakages, outages and malfunctions beyond our control do occur.  When this happens, we will rectify a situation as soon as practicable, however we or our owners cannot accept responsibility for any loss and no compensation will be given.  This applies to the property and its inclusions, the supply of utilities, electronics, wifi, television reception, barbecue lighters, and the functioning of pools and spas
2. Withdrawal of property or price change by owner – an owner is entitled to withdraw a property from the rental pool at any time, or to request us to make a price change at any time.  Although uncommon, should a property be withdrawn, or should its price be changed, by an owner during all of or part of the period of your booking, every reasonable effort will be made by us to offer you alternative accommodation.  Alternatively, all monies paid will be refunded and you hereby agree that you will accept a refund as an acceptable solution should such a situation arise.
3. Cleaning – we will use our best endeavours to organise for the property to be cleaned prior to your arrival, however during peak season or extremely busy handover days; some tolerance may be required of tenants to accommodate cleaning schedules.
4. Maintenance – we will organise for normal repairs and maintenance to be carried out during your stay, provided that the repairs and maintenance are attributable to normal wear and tear, and not damage to the property or other breakages.
5. Gas bottle refills – subject to the availability of staff, we will organise gas bottle refills for you, or reimburse you for the cost of a refill if you do that yourself.
6. Representation of a property – your booking is made in good faith by us as the owners’ agent.  We will use our best endeavours to ensure that the property is accurately represented to you, however we will not be responsible for the actions of owners including making changes to a property or its inclusions.  All disputes concerning the nature of the property will be referred to the owner.

LOST PROPERTY

1. We will endeavour to assist you to retrieve lost or forgotten personal property; however no claim may be made on us or the owner for any loss.  Lost property will be kept for a period of 2 weeks
2. Should you want an item returned, a pre-addressed, reply paid satchel must be sent to our office for return of the items to you