Terms & Conditions

SHORT STAY ACCOMMODATION AGREEMENT
TERMS & CONDITIONS

(HEDLAND FIRST NATIONAL )
 

This agreement is between the Property Owner or their appointed Managing Agent (“we”, “our”, “us”) and the Guest (“you”, “your”) in relation to your temporary stay at the nominated Property (“the Property”).

By confirming a booking, you acknowledge this agreement is for short-stay temporary accommodation only and does not create a tenancy or give rise to any rights under the Residential Tenancies Act 1987 (WA). All terms are subject to Australian Consumer Law and the Fair Trading Act 2010 (WA), and do not override your statutory rights.

Booking & Payment Terms

Booking confirmation: A booking will only be considered confirmed once full payment (or the amount specified in writing) is received unless otherwise agreed in writing.

Payment method & timeline: Full payment must be made no later than the morning of your arrival date, unless otherwise agreed in writing. If payment is not received by the due date, the booking may be cancelled.

Booking Fees and Merchant Fees
A non-refundable booking administration fee may apply and will be clearly identified at the time of reservation or on the payment invoice. This fee contributes to the costs associated with processing and managing your reservation.

Where payment is made by credit or debit card, a merchant service fee may also apply. This surcharge reflects our actual cost of acceptance and complies with the Competition and Consumer Act 2010 and Reserve Bank of Australia regulations. This fee varies depending on your card type and payment method but will not exceed the actual cost to us of processing the transaction.By proceeding with your booking and payment, you acknowledge and accept any applicable booking and merchant fees as outlined.

Guest Numbers: You must accurately declare the total number of guests at the time of booking. Additional or undeclared guests may result in immediate termination of your stay without refund and additional charges may apply.

Commercial Use Prohibited: The Property is provided for personal, recreational, or holiday use only. You agree not to use the Property for business or commercial purposes, events, parties, or functions without prior written consent.

Cancellations, Amendments & Refunds

Guest Cancellation:

• Cancellation notifications must be received in writing. 
• More than 14 days before arrival: We will refund the booking amount to you minus any merchant or additional fees costs incurred. 
• Less than 14 days before arrival: We reserve the right to retain the full booking amount, unless we are able to secure a replacement booking for the same dates, in which case a partial refund may be granted at our discretion (minus any costs incurred).
• You will not be charged unfair cancellation penalties in breach of section 23 of the ACL (unfair contract terms).

Owner Cancellation:

• If unforeseen circumstances (e.g. property damage, natural disaster, emergency maintenance) require cancellation, we will notify you as soon as practicable and offer a full refund of all amounts paid. 
• Where possible, we may offer alternative equivalent accommodation. This does not affect your right to a full refund.

Arrival & Departure

You may check in any time after the confirmed Check-In time on the Arrival Date and must vacate the Property by the specified Check-Out time on the Departure Date.

Late check-out must be arranged in advance and is subject to availability. Unapproved late departures may result in additional fees being charged to you. 

You must notify the Manager if your scheduled arrival is outside of normal business hours and you require keys to be left in a lockbox. If you have not contacted the Manager by 12:00pm the day of your scheduled arrival, we will treat your booking as an in person check in and expect keys to be collected from our office prior to 5pm. 

You must provide valid photo identification and a credit card (or equivalent security) before or upon arrival.

Guest Responsibilities & Conduct

Compliance with terms: You agree to comply with the terms of short-stay accommodation herein and any other terms reasonably made from time to time and notified to you. You are responsible for ensuring that all members of your party, as well as any visitors to the Property, observe these terms. You are responsible for all visitors and guests you permit to enter the Property and any damage they may cause.

Condition of property: You agree to keep and leave the Property and the furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition. You also agree to ensure all electrical equipment and white goods are left clean and in good condition. Any issues with any contents in the Property must be notified immediately to the Manager so that we may rectify any damage or any breakage.

You agree not to cause any damage to the walls, doors, carpets or windows, nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighboring properties.

All bookings are non-smoking, vaping and pet-free (unless specified in the booking agreement), you are asked to abide by these requirements strictly. Otherwise, we may require additional payment for any furniture, walls, carpets, etc. cleaning to extinguish any damage caused by either the smokers or pets.

Any lost or damaged keys, key cards, remote controls or other items incur fees as listed above, and other smaller damaged items unlisted are at the Manager's discretion.

You are responsible for any damage or loss caused by yourself, your guests, or visitors. Additional cleaning or repair fees may apply.

General: You agree to take all necessary steps to safeguard your personal property. No liability to you is accepted regarding damage to or loss of such property, except where our negligence causes the damage or loss.

We are not liable for any injury or loss that you or any of your invited guests may sustain while you stay at the Property.

You are not permitted to allow more people to stay than expressly authorized,  nor can you significantly change the makeup of the party during your stay. If you do so, we can refuse to hand over the Property to you or require you to leave it. We will treat any of these circumstances as a cancellation of the booking by you.

You agree the stay is temporary, and you will not claim residential rights under the Residential Tenancies Act 1987 (WA). You also confirm your stay does not breach any applicable planning restrictions, including the 3-month-in-12-month rule, and indemnify the Owner for any costs incurred due to breach.

Air conditioners Operation – Your duty of Care: The Property is located in a semi-tropical environment where under certain climatic conditions the inappropriate use of Air-Conditioning plant may be the source of mould-producing condensation. 

You agree not to operate any air conditioners below 24 degrees Celsius at any point during your stay and use exhaust fans in bathroom/toilets where installed.

Noise: We also ask that you consider your neighbours and not have loud music or parties that may disturb others nearby. If complaints are made about ‘excessive’ noise or police enforcement is called, or if neighbours are continuously disturbed, we may ask you to leave and treat this as a cancellation and violation of the Terms and Conditions of this Agreement

Repairs: We hope you will advise us immediately of any repairs, damage or breakages that may have arisen or where repairs need to be made as soon as possible. You agree to allow us or any representative of ours access at any reasonable time during your stay for the purpose of essential repairs.

Repairs Any complaints or problems: Every effort has been made to ensure that you have an enjoyable stay. If,  however, you have any cause for complaint, it is important that remedial action is taken as soon as possible.

You must contact the Manager if any problem arises to resolve it speedily. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified.

If any complaint or issue cannot be resolved during your stay, you must write to us with full details within 28 days of the end of your stay.

Safety, Repairs & Emergencies

We make all reasonable efforts to ensure the Property is safe and well-maintained. However, you must take reasonable care for your own safety and property during your stay.

In the event of a cyclone or other emergency, you must follow all instructions provided in the Property’s emergency pack and the State Emergency Services.

Access may be granted to the Owner or their representative during your stay for emergency maintenance or essential repairs with reasonable notice.

Complaints & Dispute Resolution

We aim to resolve all issues promptly and fairly. If you have a complaint during your stay, report it to the Manager immediately to allow for resolution.

Formal complaints must be submitted in writing within 28 days of departure. We reserve the right to resolve disputes via independent mediation where appropriate.

Nothing in this clause limits your rights under Australian Consumer Law.

Governing Law

This agreement is governed by the laws of Western Australia. Any disputes arising shall be handled under WA jurisdiction and in accordance with applicable state and federal law.