Rental Agreement

This is what you are agreeing to, in a super-short and plain English version :)

By making a booking you agree to the Rental Agreement, Cancellation Policy and House Rules:

Cancellation policy

- 90% refund for bookings cancelled more than 60 days prior to check-in

- 50% refund for bookings cancelled within 60-30 days prior to check-in

- within 30 days of check-in we do not provide a refund for cancellation

House Rules

- We do not accept ‘Schoolies’ reservations, nor do we accept bookings for ‘Bucks’ or ‘Hens’ parties or bookings from anyone under the age of twenty-five (25). Should you make a booking of this nature and not inform us, we reserve the right to cancel your booking in line with our standard cancellation refund policy. If you are already staying at the property your bond will be forfeited in full.

- You agree to provide a photo of your drivers licence within 48 hours of making a reservation.

- You agree to provide full names, ages and suburbs of all guests staying at the property within 48 hours of making a reservation, as well as copies of their drivers licences if requested.

- Check in time is 3:00pm

- Check out time is 11:00am

- Check in is ‘self check-in’ with a key safe and unique code provided to you prior to your stay

- The property should be treated with care and left in the same condition as it was when you arrived.

- There is strictly no smoking in the premises or anywhere on the property

- No pets are allowed on the property at any time

- There are to be no parties, events or additional people at the property without the prior written consent of the owner

- A noise curfew of 10:00pm is to be adhered to, out of respect for our neighbours and the community. In the event of a genuine noise complaint you will be charged $200 per offence.

- There are 11 sleeping positions available in house. This includes children and babies. No more than 11 people may be on the premises/property, or sleep overnight.

- Children must be supervised at all times, particularly around fencing, pools, stairs, balconies, cleaning chemicals, kitchen utensils and fireplaces. The owners are not responsible for any children staying at or visiting the property.

- Guests are 100% liable for any damage to the property or its contents

- Windows and doors must be locked and secured upon checkout and when the guest is not present at the property

- Glassware is not be used in the pool area at any time

- Furniture is not to be moved around the property

- If a locksmith is required to attend due to a broken or lost key, an administration fee plus the associated costs will be paid by the guest

- Nothing is to be nailed, screwed, fixed, glued or taped to any wall, door or surface

- Reliability and availability of the internet provided at the property is out of the owners control. If you have important tasks to do during your stay that require internet it is recommended you bring a mobile wifi box with you.

- All third parties engaged by the guest are bound by these Terms and Conditions and House Rules

- Any property left behind by the guest is their responsibility to arrange payment for post/delivery or collect the items themselves at an agreed time

- No dirtbikes, quad bikes or firearms are allowed at the property

- The property is not to be used for any criminal activity, including online activity

- There is a security camera located within the front verandah area. Footage of the front driveway area is recorded. This is for security when the property is vacant and does not affect guests. You acknowledge that you are in agreement and will not attempt to tamper with the camera in any way.

- If you break any of these rules, you accept full responsibility for any loss, fee, fine or any other payment which may be incurred as a result.

Cleaning

Upon vacating the property, we expect you to leave the property in a neat and tidy condition. Rubbish and recycling must be removed and placed in the outdoor bins provided. Dishes must be clean and returned to their cupboards. Failure to do so will incur an administration fee of $100 plus cleaning fees of $60 + GST per hour, or professional removal of excess rubbish at the invoiced amount.

Damage and breakages

You are responsible for the full cost of repairing any damage caused to the property, premises, building or contents. This includes discolouration of any surfaces by any means (for example, self tanning cream, beetroot, tumeric, wine etc.) It also includes towels that have not been aired by the guest and have mould spots as a result. You are also responsible for the full cost of replacing any items that are broken, whether by accident or intent.

Additional Charges

A pre-authorisaton of AUD$1000 is due 1 day prior to your arrival. This bond/authorisation is held on your credit card for the duration of your stay and released once the premises has been checked or 7 days after your departure, whichever occurs first. We reserve the rights to charge the credit card provided upon booking should any further additional charges be incurred during or after your stay.

And now for the legal document:

This Short-Term Rental Agreement (Agreement) is between Blair McKechnie and Aimee McKechnie (The Shore, we, us, our) and the guest/s named in the booking (Guest) made via The Shore’s online booking system Lodgify (www.lodgify.com) accessible via our Website (Online Booking System) for the short-term rental of the property located at 28 Geering Street, Gerringong, New South Wales 2534 (Property) made via the Online Booking System (Booking).

IT IS AGREED AS FOLLOWS:

ACCEPTANCE OF TERMS AND CONDITIONS

This Agreement includes The Shore’s legal notices accessible on or via its website at https://www.theshoreatgerringong.com.au (Website) and all guidelines, codes of conduct, schedules, annexures, and attachments relating to this Agreement, provided with, or separately and forming part of this Agreement, including the Schedule of Costs.
By making the Booking using the Online Booking System, the Guest for themselves and on behalf of all other Guests:
1. agrees to the terms and conditions of the Online Booking System accessible at https://www.lodgify.com/terms/ (or at such other website for the Online Booking System used by The Shore at the time of the Booking);
2. agrees to the terms and conditions as set out in this Agreement; and
3. acknowledges they have read and agreed to be bound by the Website legal notices (which include the Website Terms and Conditions) and this Agreement.
This Agreement is subject to all applicable public health and related Australian State and Federal Government regulatory and legislative obligations, directions, orders and restrictions (including those in relation to COVID-19 or any comparable pandemic) (Public Health Laws) in force at the applicable times. The Guest will be responsible for checking and complying with all relevant and applicable State and Federal Government health orders, directions, guidelines and alerts upon entering into this Agreement (which may include those accessible at https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health%20alert, https://www.smartraveller.gov.au/ and https://www.nsw.gov.au/covid-19) and before commencing their stay at the Property.
The Shore abides by, and this Agreement is subject to, the NSW Code of Conduct for the Short-term Rental Accommodation Industry (as amended from time to time) (the Code), which is accessible on the NSW Fair Trading website and hereby provided electronically by clicking on the following hyperlink: https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf. The Guest agrees that they will comply with the Code.
The Property is registered on the Premises Register administered by NSW Fair Trading as required from 1 June 2021.
Only persons aged twenty-five (25) years or older are permitted to make Bookings and enter into this Agreement. By making the Booking the Guest represents and warrants that they are at least twenty-five (25) years of age.
If the Guest does not accept the terms and conditions under this Agreement, they must not proceed with payment for the Booking and must immediately cancel the Booking.

BOOKINGS

Guests, Registration and Minimum Booking Periods

By making a Booking, the Guest consents to provide their personal information and acknowledges that if they do not give consent The Shore may not be able to provide some or all of the services in relation to the Property contemplated by this Agreement including the short-term rental of the Property pursuant to the Booking (Services).
The Guest agrees that all information they provide to The Shore either directly or via the Online Booking System will be true, accurate, current and complete. The Guest agrees that they are responsible for all information they provide to The Shore and that any errors or discrepancies in any confirmation for the Booking provided by the Online Booking System or otherwise must be notified to The Shore as soon as possible but in any event no later than the commencement date of the Booking. The Guest acknowledges that if The Shore reasonably believes that the information provided by the Guest is false, inaccurate or misleading to the potential material detriment of The Shore it may, at its sole discretion, suspend the Booking pending resolution of the issue to The Shore’s satisfaction, or terminate the Booking and/or the Guest’s access to the Property in which case clause 7(d)(i) shall apply.
The provisions of clause 2.1(b) do not entitle a Guest to transfer the Booking into the name of another person. If the Guest reduces the duration of their Booking then this will be deemed as a cancellation and clause 2.4 will apply.
The Guest details requested by The Shore must be completed and returned by the Guest no later than forty-eight (48) hours after making the Booking. For group Bookings, the Guest must include details of all their guests via email (Registered Guests) and obtain the consent of all Registered Guests for the disclosure of such information to The Shore. Only the Guest and Registered Guests (together, Guests) will be permitted to occupy the Property during the duration of the Booking period.
The Property accommodates the maximum number of Guests indicated on the Website. Prior approval must be sought from and given by The Shore in writing where the number of Guests will exceed the capacity or the number stated, and an additional Fee may be payable as provided in the Schedule of Costs. Where Guests exceed the capacity or the number stated without the prior written consent of The Shore, an additional Fee shall be payable as provided in the Schedule of Costs and The Shore shall be entitled in its discretion to immediately terminate the Booking and this Agreement.
A minimum period of stay of two (2) nights shall apply all-year-round except during New South Wales school holidays when a minimum period of five (5) nights shall apply or such other minimum periods of stay shall apply during such periods as determined by The Shore from time to time.

Payment

The Guest will pay The Shore all applicable accommodation fees, costs and amounts set out on the Website and/or the Schedule of Costs (together, Fees), at the rate and in the manner specified in the Booking and this Agreement.
The Guest must pay a deposit of fifty percent (50%) of the total accommodation Fees (Deposit) or such other amount required by The Shore at the relevant time and any applicable booking fee at the time of making the Booking via the Online Booking System.
The remaining balance of the accommodation Fees and any other amounts payable in advance must be paid in full no later than thirty (30) days before the commencement date of the Booking period (or at the time of Booking if the Booking is made within thirty (30) days of the commencement date of the Booking period) via the Online Booking System.
The Shore accepts payment of all Fees other than the Deposit and accommodation Fees by EFT direct deposit or credit card, and The Shore will be entitled to charge a surcharge on all credit card transactions.
Rates quoted are in Australian dollars and are subject to change at any time. Fees paid in a foreign currency will be reconciled at the date of payment and will be subject to the applicable prevailing exchange rate and transfer fees. GST shall be applied where applicable.

Security Bond

All Bookings require a refundable security bond to be provided by credit card pre-authorisation of such amount determined in accordance with the Schedule of Costs (Security Bond), no later than twenty-four (24) hours before the commencement date of the Booking (or at the time of Booking if the Booking is made within twenty-four] (24) hours of its commencement date).
The Guest irrevocably agrees that The Shore is permitted, and authorises The Shore to claim against or charge to (as applicable) from the Security Bond at any time without prior notice to the Guest:

any outstanding or additional Fees payable by the Guest in accordance with the Schedule of Costs; and
the cost of repair or replacement of any faulty, damaged, broken, lost or stolen fixtures, fittings, equipment, goods or chattels including furniture and furnishings (together, FF&E) of The Shore at or in the Property and any damage or loss to the Property, and any Equipment used pursuant to clause 3.2(i).

The Security Bond will be required and retained until after a final inspection and assessment of the Property and any Equipment is completed after check-out and all amounts which The Shore is entitled to claim or charge against the Security Bond have been paid. The Guest acknowledges and agrees that The Shore is not required to undertake the final inspection and assessment of the Property after check-out in the presence of the Guest.
Any balance remaining of the Security Bond will be refunded to the Guest, if applicable, within seven (7) days after the Property has been cleaned after check-out, provided that any final deduction has been made or, any pre-authorised amounts of the Security Bond will automatically lapse in accordance with the terms of the Guest’s credit card provider.
Any amounts owing to The Shore which have not been satisfied from out of the Security Bond will be charged against the Guest’s credit card used to provide the Security Bond, with a costs statement provided to the Guest with details of all amounts claimed and charged within three (3) days after the date of check-out (or otherwise as soon as reasonably possible).
The Guest irrevocably agrees that The Shore is permitted at any time without prior notice to the Guest to claim against or charge to the credit card used by the Guest to pay or provide the Security Bond, the balance of or all (as applicable) the additional Fees and costs owing to The Shore under this Agreement (including all amounts (if any) in excess of the Security Bond).

Variation and Cancellation of Bookings

If the Guest cancels a Booking for any reason:

before sixty (60) days of the commencement date of the Booking, all amounts paid shall be refunded to the Guest after deduction of The Shore’s administration Fee of ten percent (10%) of the total accommodation Fees;
within sixty (60) days of the commencement date of the Booking but at least thirty (30) days before the commencement date of the Booking, subject to clause 2.4(b), The Shore shall be entitled to retain fifty percent (50%) of the Fees paid but shall refund the Guest all additional accommodation Fees already paid (if any) after deduction of The Shore’s administration Fee as provided in the Schedule of Costs; and
within thirty (30) days of the commencement date of the Booking no refunds shall be paid and The Shore shall be entitled to retain the Deposit and all additional accommodation Fees paid.

If the Guest makes a request to change the dates of the Booking where there are extenuating circumstances, The Shore will consider the request on a case by case basis and may, in its absolute discretion and subject to provision of reasonable proof of the extenuating circumstances by the Guest (if so requested) and availability, agree to change the scheduled dates of the Booking provided that the Guest pays The Shore's administration Fee as provided in the Schedule of Costs.
The Shore reserves the right to vary or cancel the Booking in its absolute discretion where any situation arises that renders the Booking impractical, unsafe or unable to be fulfilled which may include, but is not limited to, damage to the Property, force majeure, terrorism, natural disasters, pandemics, political instability or other events or circumstances which make it unviable for The Shore to uphold the Booking. Where The Shore wishes to vary or cancel a Booking under this subclause, the Guest shall be given a credit of all amounts paid towards a a future Booking to commence on an alternative date subject to availability and to an administration Fee of ten percent (10%) of the total accommodation Fees.
The Guest acknowledges and agrees that if The Shore varies or cancels the Booking under clause 2.4(c) any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those provided under this Agreement and no other claim, right, action or demand shall exist in or be made by either party as a result of or in connection with any such variation or cancellation and The Shore will not be responsible for any incidental expenses that Guests may have incurred as a result of or in connection with the Booking.

COVID-19 Implications

The Guest acknowledges that The Shore may use a professional cleaning team that uses high-grade alcohol-based products to reduce the risk of contamination and the spread of viral or bacterial residue at the Property.
The Guest acknowledges that during periods in which Public Health Laws including COVID-19 or other comparable pandemic circumstances impact the Booking or the Property, some facilities at the Property may be restricted and Guests may be subject to certain mandatory requirements including those referred to in clause 2.5(c).
All Guests are responsible for taking all necessary personal safety and hygiene procedures, including wearing masks if mandatory under Public Health Laws or when requested, and practicing ‘social distancing’ at the Property if required or appropriate during their stay.
If the Guest is unable to commence their stay under the Booking in order to comply with Public Health Laws or because of the direct impact of Public Health Laws on the ability of the Guest to use the Booking, the Guest may provide reasonable evidence of the relevant circumstances and make a written request to The Shore:

to vary the Booking by rescheduling the Booking period to commence no sooner than fourteen (14) days after and up to twelve (12) months from the original commencement date of the Booking (but retaining the same number of days for the Booking unless otherwise agreed by The Shore). Provided that the Guest has given reasonable evidence of the relevant circumstances if required, The Shore may in its absolute discretion and subject to availability agree to reschedule the Booking to commence on the new commencement date (Replacement Booking) at the same accommodation rate (or any higher accommodation rate applicable to the dates of the Replacement Booking). In such circumstances, all amounts paid by the Guest shall be credited to the Replacement Booking; or
to cancel the Booking which, if less than sixty (60) days’ notice before the commencement date of the Booking is given as required under clause 2.4(a), shall be considered by The Shore on a case by case basis.

The Shore reserves the right to vary or cancel (as applicable) the Booking and this Agreement in its absolute discretion where:

the Booking is affected or may reasonably be expected to be affected by Public Health Laws or any health alerts or guidelines in connection with Public Health Laws including those in relation to COVID-19 or any comparable pandemic at the relevant time; or
if at check-in, any Guests refuse to provide a declaration requested under clause 2.6(b) or if any given declaration reasonably means that it is not, or there is a significant risk that it is not, safe to permit the Guests to stay at the Property if at any time at or after the time of check-in it reasonably appears to or is known by The Shore that any Guests display or have flu-like symptoms, appear to be or are unwell, or express that they are feeling unwell with any respiratory or flu-like illness, or if it becomes known to The Shore that any Guests have breached any Public Health Laws which directly or indirectly puts The Shore or any person including neighbours of the Property at risk.

Where The Shore wishes to vary or cancel a Booking under clause 2.5(e)(i), The Shore may in its absolute discretion offer the Guest the right to reschedule the Booking to commence no sooner than fourteen (14) days after and up to twelve (12) months from the original commencement date of the Booking (but retaining the same number of days for the Booking unless otherwise agreed by The Shore), or may cancel the Booking and refund the Deposit and all additional accommodation Fees paid (if any) less the administration Fee provided in the Schedule of Costs (unless waived by The Shore).
Where a Booking has been varied or cancelled by The Shore under clause 2.5(e)(ii), no refunds shall be available and The Shore shall be entitled to retain the Deposit and all additional accommodation Fees paid plus charge the Guest for all additional Fees payable under this Agreement.
The Guest acknowledges and agrees that if the circumstances referred to in clause 2.5(e) arise, any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those provided under this Agreement and no other claim, right, action or demand shall exist in or be made by either party as a result of or in connection with any such variation or cancellation. In these circumstances, The Shore will not be responsible for any incidental expenses that Guests may have incurred as a result of or in connection with the Booking.

Check-ins and Check-outs

Check-in shall only be available if the Guest has provided the Security Bond and paid the accommodation Fee in full as required by this Agreement.
During any period in which Public Health Laws apply to the Guest’s stay at the Property, The Shore may request that all Guests provide a declaration as to their health and exposure to any pandemic or other illness including COVID-19 which is the subject of the applicable Public Health Laws, as a prerequisite for completing check-in and the provisions of clause 2.5(e)(ii) may apply.
Subject to clause 2.6(e), check-in is available from 03:00PM on the commencement date of the Booking. The Guest will be provided with check-in details by SMS by 10:00AM on the commencement date of the Booking. Any updates to the check-in details will be provided to the Guest via SMS.
Subject to clause 2.6(e), the latest check-out time is 11:00AM on the day of departure, after which a late check-out Fee may apply in accordance with the Schedule of Costs.
Check-in and check-out times are strict unless otherwise prior agreed by The Shore. Any request by the Guest for changes to the check-in and/or check-out times must be made at the time of Booking or email at least one (1) week prior to the commencement date of the Booking unless otherwise agreed. Any agreement by The Shore to change the check-in or check-out time is subject to availability and may require payment of an additional Fee in accordance with the Schedule of Costs.
If the Property or any FF&E is found by the Guest to be in an unclean or damaged state or if any facilities are not fully working at the time of check-in, the Guest must promptly notify The Shore and allow The Shore or its staff to access the Property to inspect and, if necessary, clean the Property and/or clean and repair any faulty, damaged or broken FF&E or facilities.
The Shore is not liable for alternative accommodation or any other costs that may be incurred by the Guest where they fail to make full payment of the accommodation Fees in the time required under clause 2.2(c) or fail to complete check-in during the relevant period on the date of commencement of the Booking for any reason.

Keys

The Guest may obtain the keys for the Property via a lockbox using the unique access code provided.
If the Guest locks keys inside the Property or any provided keys are lost, the Guest may be liable to pay a Fee in accordance with the Schedule of Costs.
Upon the Guest vacating the Property, the keys must be immediately returned to the lockbox using the unique access code provided. If any key is not returned at check-out, the Guest may be required to pay a Fee in accordance with the Schedule of Costs, and unauthorised copying and knowing retention of the keys or other instruments that allow for access to the Property will constitute an offence under the Fair Trading Act 1987 (NSW) (Fair Trading Act).

Children and Visitors

Where Guests exceed the capacity an additional Fee shall be payable in accordance with the Schedule of Costs and The Shore shall be entitled to immediately terminate the Booking and this Agreement.
Children under the age of eighteen (18) are permitted as Guests only when accompanied by their parent, legal guardian or an authorised responsible adult.
The accommodation prices for children are included in the standard rate and refer to using existing bedding.
The Guest acknowledges that there may be steps and balconies at the Property and that no baby gates or stair barriers may be available unless expressly confirmed with The Shore prior to the commencement of the stay. The Shore requires children to be supervised at all times and in particular with respect to the Property’s swimming pool, steps, balconies, barbeque, fire place, bathtubs, gas stoves, adjacent roads and driveways, gardens, beaches, bays, waterways, natural bush, skate park, basketball courts, playground, cleaning chemicals, and the suburban streetscape location.
Visitors of Guests at the Property must be family members, friends and other responsible adults at least eighteen (18) years of age. Any children aged between twelve (12) and eighteen (18) years must be supervised by a responsible adult, and children aged less than twelve (12) must be accompanied by their parent or legal guardian.
The Guest acknowledges and agrees that they are responsible for all acts and omissions of visitors to the Property during their stay and must ensure that visitors comply with all applicable provisions of this Agreement including clause 3.1 and clause 4 as if they were Guests.

GUEST OBLIGATIONS

Permitted Use

The Guest agrees:

to be an occupant of the Property for the entire duration of the Booking;
not to sublet or allow unregistered persons to stay at the Property;
they are responsible for all persons staying at or visiting the Property (including Registered Guests) and ensuring that such persons comply with all applicable terms and conditions of this Agreement as if they were a party to this Agreement, and agrees that any breach of this Agreement by any such person (including Registered Guests) may be deemed to be a breach by the Guest;
to comply with all applicable laws and regulations and not engage in conduct that contravenes criminal law or planning laws which apply to the Property and/or the Booking and acknowledges The Shore will cooperate with any investigation of alleged contraventions at the Property during their stay;
not to use the Property for any purpose other than the approved purpose as set out in this Agreement;
to co-operate with The Shore and abide by this Agreement during their stay at the Property;
not to bring or permit to be brought onto the Property any motorbikes, dirt bikes, quad bikes, firearms, air rifles or fireworks or any other items prohibited in the House Manual;
to duly comply with all provisions in the House Manual, the Safety Guide and all other manuals and guides provided at the Property during the duration of their stay at the Property and all check-out obligations, including but not limited to ensuring the property is secured when checking out by locking all doors and windows, returning keys to the lock box and turning off the gas fireplace, air-conditioning, heating and ceiling fans;
not to break into or attempt to break into the Property if locked out or unable to enter for any reason and to contact The Shore for instructions and assistance;
to maintain the security of the Property to prevent theft of or damage to the Property or FF&E and the Guests’ personal property, including locking doors and closing windows, and to advise The Shore immediately if they are unable to secure the Property;
to switch off or put out wood or gas fires entirely when the Guests leave the Property, even where they are not present for short periods;
not to smoke or permit smoking within the Property or its grounds;
use of the Property for schoolies, large parties, functions or group gatherings is strictly prohibited and that an additional Fee may be payable in accordance with the Schedule of Costs;
not to have pets on the Property;
not to wear or permit any Guests or visitors to wear stilettos within the Property;
to abide by the noise and good neighbour policy referred to in clause 4;
not to nail, screw, staple or fix anything to any wall, door or other surface or part of the Property;
not to conduct photoshoots at the Property without prior notice and approval from The Shore;
not attempt to tamper with the security camera within the front veranda area in any way;
to provide The Shore with a copy of their driver’s licence prior to check in; and
the Guest acknowledges and agrees that in addition to all other rights The Shore may have for breach of any provisions of this clause, The Shore shall be entitled to charge such additional Fees in accordance with the Schedule of Costs.

Guest Facilities

The Shore provides towels and bed linen at the Property for the use of Guests.
Free WIFI internet connection is made available for Guests however the Guest acknowledges the internet connection during the duration of the Booking is not guaranteed and may be disrupted, weak or unavailable without notice.
Guests are responsible for ensuring that any third parties engaged to provide services at the Property are informed of this Agreement and hold appropriate public liability insurance. The Shore accepts no liability for any third-party services including any which have been recommended or referred by The Shore.
The Guest acknowledges that it shall treat the Property with as much care as if it was the Guest’s own residence and that it shall be left in the same condition as when the Guest arrived, including returning all furniture and styling pieces to their original location.
All personal property left behind at the Property is the sole responsibility of the Guest who may arrange for The Shore to post or courier the item. Where the Guest opts for The Shore to post or courier the item, an administration Fee may apply as provided under the Schedule of Costs in addition to postage or courier costs.
The Guest acknowledges the Property may be visited by wildlife which may include, but is not limited to rodents, insects, cockroaches, kangaroos, deer, bandicoots, wombats, snakes and spiders, and agrees The Shore is not responsible for and has no control over the natural and surrounding habitat.
The Guest may use the fireplace and barbeque during their stay, subject to The Shore’s Fire Safety Guidelines. The fireplace and barbeque must be operated by persons over the age of eighteen (18) only and is at the Guests’ own risk and The Shore is not responsible for any damage, injury or harm that may occur from their usage.
Guests may use the swimming pool during their stay subject to The Shore's Water Safety Guide and the rules in the House Manual. All use of the swimming pool is strictly at the Guests' own risk and The Shore is not responsible for any damage, injury or harm that may occur from usage of the swimming pool.
The Shore may make available for Guests a range of sports and leisure equipment including pool floaties, and other recreational items (Equipment) for use by Guests at any time during the duration of the Booking free of charge. The Guest acknowledges that the provisions of clauses 2.3(c)(ii), 3.4(a), 3.4(d) and 3.5 shall apply to the use of the Equipment.

Access to Property

The Shore and/or its authorised third parties may require access to the Property during the period of the Booking:

for repair, service and/or maintenance during reasonable hours with notice to the Guest as far as reasonably possible;
to conduct any repairs, maintenance or service or to protect the Property at any time in emergencies; and
for prospective purchasers to view the Property where the Property is being offered for sale, as arranged.

If the Guest requests a service call and is not present to provide access, the applicable service call-out Fee provided in the Schedule of Costs will be payable.

Damages and Repair

The Guest is responsible for and will be charged for all damage (outside of normal wear and tear), breakages, cost of repair or replacement to the Property and any FF&E at or in the Property and Equipment. Where the value of the damage or cost of repair or replacement caused by the Guest exceeds the Security Bond amount, The Shore is entitled to recover this as a debt immediately due and payable from the Guest including any administration Fees in accordance with the Schedule of Costs and for this purpose shall be entitled to use the Guest’s credit card details (where applicable) to recover monies due and/or to invoice the Guest.
The Shore does not accept liability for any loss caused by failure of equipment and/or services or utilities out of its control, which may include, but is not limited to, TV or electronic equipment, water, electricity, gas and internet. In the event of a failure, the Guest should notify The Shore in the first instance.
Repairs, maintenance or service reported and requested by the Guest that have been deemed necessary by The Shore, will be carried out as soon as practicable. However, if repairs are required due to unforeseen circumstances it may not be possible to guarantee immediate repairs or repair during the Booking period.
All faults, damages, breakages or losses to or at the Property, including to any FF&E and Equipment are to be reported within twenty-four (24) hours to The Shore. To avoid being charged for any faults, damage or breakage not caused by the Guest, any faults, damages or breakages of FF&E as at the time of check-in or Equipment as at the commencement of use should be brought to The Shore’s attention promptly following check-in or commencement of use (as applicable).

Assumption of Risk

The Guest acknowledges and agrees that use of the Property, all facilities at the Property and any Equipment by all Guests and visitors is solely at the Guest’s own risk and that The Shore is not responsible for the safety or wellbeing of any person, including children, any Guests or visitors to the Property or for any loss of enjoyment that may result from unusual circumstances or circumstances beyond the reasonable control or foresight of The Shore including weather, acts of God, fires, storms, power failures, riots, strikes, pandemics or any other events usually considered to be an event of force majeure.
The Guest accepts full responsibility for the care of Equipment until it is returned to The Shore and for the return of the Equipment in the condition it was provided. If the Equipment is lost, damaged in any way or destroyed beyond repair, the Guest agrees not to dispute and to accept the reasonable determination of The Shore in relation to the costs of loss, damage or destruction of the Equipment.
The Guest acknowledges and agrees if at any time any weather conditions or other circumstances occur that may make usage of the Equipment, swimming pool, barbeque or any other facilities unsafe for any Guests or visitors, the Guest will ensure that they immediately discontinue usage. The Guest acknowledges and agrees that usage of the Equipment, swimming pool or barbeque may cause serious or grievous injuries which may include drowning (if applicable), injury, harm and/or death.
The Guest assumes all risk and takes full responsibility for all personal injury, sickness, disease (including but not limited to contracting or spreading infectious diseases), death for any reason, damage to and loss of personal property and losses of all kinds whatsoever arising out of, attributable to, caused by or resulting from the usage of the Equipment, the Property and any part of it and all facilities at the Property and the Guests’ stay at the Property, which may include but is not limited to using the Property or any part of it in any manner, and participating and/or engaging in any activities at the Property.
The Guest hereby waives and releases, indemnifies, holds harmless and forever discharges The Shore and its current and/or former agents, employees, officers, directors, affiliates, successors and trustees from and against any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that they ever had or may have, arising from, or in any way related to, their usage of the Equipment and the facilities at the Property and/or their stay at the Property by the Guests and their visitors, and any activities that the Guests and their visitors may partake in or have partaken in, at or away from the Property and its premises, provided that this waiver of liability does not apply to any acts of gross negligence or intentional or wilful misconduct by The Shore.

NOISE AND NEIGHBOURS

Noise

All noise must be kept indoors at the Property in the period between 10:00pm and 7:00am.
Excessive noise, music and any other form of disturbance that is unreasonably disruptive to neighbours of the Property or interferes with the peace and comfort of neighbours is prohibited at all times and may result in eviction and immediate termination of the Booking under clause 7(d)(i).
Where any representative of The Shore, security guards or the police attend the Property to deal with noise complaints or excess Guests or visitors, or where a valid complaint has been received from neighbours during or after the Booking, the Guest will be charged an additional Fee in accordance with the Schedule of Costs.
If a noise complaint is received, a first warning will be given. If a second complaint is received, The Shore shall have the right to immediately evict the Guests from the Property and terminate the Booking and this Agreement.
The Guest acknowledges that creating noise which because of its level, nature, character, or quality, or the time it is made, is likely to harm, offend or unreasonably disrupt or interfere with the peace and comfort of neighbours of the Property and other occupants of the premises may also be an offence under the Code and Fair Trading Act.
The Shore is not liable for any disturbance, noise or inconvenience that the Guest may experience from neighbours of the Property or for any other reason including any nearby renovation or building work or roads (as applicable).

Neighbours

A ‘good neighbour’ policy shall be enforced at the Property by The Shore.
Behaviour by Guests:

that is violent or threatening;
which could reasonably cause alarm or distress to neighbours; or
which intentionally, recklessly or negligently causes damage to the premises at which the Property is located or personal property of neighbours,

may incur a penalty under the Fair Trading Act and/or eviction and shall give The Shore the right to immediately terminate the Booking and this Agreement and the provisions of clause 7(d)(i) shall apply.

Any behaviour exhibited by Guests that is disrespectful of or disruptive to neighbours, traffic flow or the community, or which prompts complaints to The Shore from the police, local council or neighbours, shall not be tolerated and may result in a fine under the Fair Trading Act and/or eviction and shall give The Shore the right to immediately terminate the Booking and this Agreement and the provisions of clause 7(d)(i) shall apply.
If any behaviour of Guests or visitors results in any dispute or complaint the Guest must notify The Shore as soon as possible, and the Guest acknowledges that failure to do so may result in a penalty under the Fair Trading Act.

REVIEWS AND SOCIAL MEDIA

The Shore encourages Guests to tag @theshoreatgerringong when posting during their stay at the Property, and unless expressly objected to, The Shore may tag the Guests in some of its posts on matters of interest or repost their images on its accounts.
Where, upon request, the Guests provide The Shore with images of themselves or others, taken during their stay at the Property, unless they expressly object, they agree to release and hold The Shore harmless from any liability in relation to the images which it may use for its marketing material or promotional purposes.
The Guest agrees that any testimonial The Shore has received from any other guest is indicative of that guest’s experience at the Property and may not necessarily be typical. The Guest acknowledges and agrees that testimonials are not a guarantee of the experience they will have at the Property, though The Shore endeavours to ensure every guest is reasonably satisfied.
In the event the Guest experiences any issue or problem during their stay at the Property, they agree that if the issue or problem relates to:

alleged contraventions of the Code, criminal law or civil penalty provisions, or planning laws by The Shore, it must be addressed through the proper process outlined in section 3 of the Code; or
other matters, it must be resolved via the internal dispute resolution process under clause 9 and may be subject to the obligations of confidentiality under clause 6, and the Guest agrees to give The Shore the opportunity to rectify the situation before leaving negative reviews that may be published in the public domain and be damaging to the reputation of The Shore.

The Guest agrees that before leaving a review, they will consider the potential implications under the Competition and Consumer Act 2010 (Cth) and the Defamation Act 2005 (NSW) of making false and/or misleading statements and the potential for a claim for damages and other remedies where a person’s reputation has been harmed by the publication of defamatory matter.
The Guest acknowledges and agrees that they will be prohibited from publishing a review on any public forum if the Booking has been terminated for a breach of this Agreement and that any disputes or feedback will be directly raised with or provided, as applicable, to The Shore and may be subject to the obligations of confidentiality under clause 6.

CONFIDENTIAL INFORMATION AND PRIVACY

Obligations with Respect to Confidential Information

A recipient of confidential information:

may use the confidential information only for the purposes of this Agreement or with the prior consent of the discloser (which may be given or withheld at the discloser’s absolute discretion);
must keep confidential all confidential information except:

for disclosure permitted under this clause 6; and
to the extent (if any) the recipient is required by law to disclose such confidential information; and

must cease to use and destroy or return all confidential information immediately upon request.

Privacy

The Shore agrees to comply with the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information that can identify individuals, or make them reasonably identifiable (Personal Information), in relation to all Guests’ Personal Information collected by The Shore, to the extent that it is legally obligated to comply with these laws. The Guest should also refer to The Shore’s Privacy Policy on the Website.

Confidential Information

In this clause 6, confidential information includes:

all information relating to or concerning any issues, problems, disputes and feedback as contemplated by clauses 5(d) and 5(f);
all Personal Information held by The Shore relating to Guests; and
all information relating to The Shore including its affairs and business, the Property and the Services,

but excludes information:

which is in the public domain at the date of this Agreement or becomes part of the public domain after the date of this Agreement without any breach of this Agreement or other obligation of confidence;
which the recipient can prove was already known to them at the time of disclosure by the disclosing party (other than if such knowledge arose from the disclosure of confidential information in breach of the obligation of confidentiality); or
which the recipient acquired from a third party entitled to disclose it.

REFUNDS, BREACH AND RIGHTS OF TERMINATION

The Shore reserves the right to refuse or grant refunds for the Services pursuant to the Australian Consumer Law as provided in the Competition and Consumer Act 2010 (Cth). Any requests by the Guest for refunds must be detailed in writing and will only be considered when options for remedies or replacements have been exhausted.
The Guest acknowledges that any breach of this Agreement by the Guest may result in the Guest becoming liable for payment of Fees as outlined in the Schedule of Costs and other associated consequences as specified in this Agreement including termination of a Booking and this Agreement with no refund payable.
The Shore does not permit the Property to be used for schoolies or large parties, functions or group gatherings, or for bookings for the Property to be made by anyone under the age of twenty-five (25). If the Guest is in breach of these restrictions, The Shore shall have the right to cancel or terminate the Booking, in which case, no refund shall be payable and The Shore shall be entitled to retain all amounts paid in respect of the Booking and charge any additional Fees payable under this Agreement in accordance with the Schedule of Costs.
Without prejudice to any other rights or remedies The Shore may have under this Agreement or at law, The Shore shall have the right to terminate the Booking and this Agreement with written notice effective immediately or at such later time stipulated in the notice and to retain all amounts paid in respect of the Booking and charge any additional Fees payable under this Agreement in accordance with the Schedule of Costs if:

a provision of this Agreement specifically grants a right of termination;
the Guest commits a material breach that is not capable of remedy or multiple or recurring breaches of this Agreement whether remedied or not; or
the Guest commits a material breach and does not rectify the breach within any reasonable time given by The Shore for the Guest to rectify the breach.

The Shore reserves the right to terminate this Agreement or refuse to provide the Services or access to the Property to any Guests or persons on the exclusion register accessible via https://www.fairtrading.nsw.gov.au/, as outlined in the Code. Guests who are on the exclusion register and enter into this Agreement or stay at the Property may incur a penalty under section 54C of the Fair Trading Act.
The Shore will not be liable for any losses, costs and/or expenses incurred or sustained by the Guest as a result of the termination of this Agreement and the Booking.
The termination or conclusion of this Agreement and the Booking does not affect or effect any release of any accrued rights, obligations or remedies of a party in relation to events, acts or omissions that occurred before the termination or conclusion of this Agreement and the Booking including any claim that either party may have against the other party.
The Guest acknowledges and agrees where the Booking is terminated pursuant to a breach of this Agreement, the provisions of clause 5(f) apply.

LIMITATION OF LIABILITY

Liability of the Guest

The Shore may, in its sole discretion, take action (including legal proceedings) and claim against:

only the Guest pursuant to the provisions of clause 3.1(c); or
the Guest and/or any or all other relevant Guests notwithstanding the provisions of clause 3.1(c),

for all acts and omissions, breach of this Agreement and all other liability under this Agreement, in equity or at law, of the Guest and/or any other Guests.

Total Liability

To the fullest extent permitted by law (including the Australian Consumer Law), the total liability of The Shore under or in connection with this Agreement in respect of all claims (if any) is limited to the lesser of all amounts paid to The Shore, and all amounts paid or payable for the Booking, and in any event shall not exceed the available proceeds of the professional indemnity and/or public liability insurance coverage of The Shore at the relevant time.

Consequential Loss

In no case shall The Shore, its officers, employees, affiliates, agents, contractors or licensors be liable for any consequential loss arising from the Guests’ use of, or reliance on, the Booking, the Property or Services and/or any content or information (including regulatory or legislative) provided at or about the Property or in information brochures about the Property including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via The Shore.

Australian Consumer Law

Nothing in this Agreement is intended to limit any Australian Consumer Law guarantees or warranties that may apply to the Services that cannot be excluded.

DISPUTE RESOLUTION

The parties must use reasonable endeavours to resolve all disputes through negotiation. If the dispute cannot be resolved through negotiation between the parties within twenty-one (21) days of the dispute arising, either party may commence mediation or other proceedings.

GENERAL

Severability

If any provision or part of this Agreement is void or unenforceable for any reason, then that provision or part will be severed from this Agreement and the rest of this Agreement shall be read as far as possible as if the severed provision or part had never existed.

Entire Agreement and Variation

The parties agree that this Agreement is the entire agreement between The Shore and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between The Shore and the Guest in that regard. Any changes to this Agreement must be agreed in writing between The Shore and the Guest prior to the changes coming into effect.

Governing Law and Jurisdiction

This Agreement is governed by, and all disputes relating to or arising in connection with this Agreement or the subject matter of this Agreement shall be resolved in accordance with, the laws of New South Wales, Australia and the parties irrevocably agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from those courts.

Joint and Several

Where the Guest is two or more persons:

any agreement, representation, warranty or indemnity given by them binds each person jointly and severally; and
any agreement, representation, warranty or indemnity in favour of them may be enforced by any of them.

Singular or Plural

In this Agreement, words in the singular include the plural and vice versa, unless the contrary intention appears.

Survival

The provisions of clauses 1, 3.5(e), 5, 6, 8, 10.3 - 10.5 and this clause 10.6 (and any other provisions which by their nature are intended to continue to have effect) shall survive the expiration or termination of this Agreement and the fulfilment, expiry, cancellation or termination of any Booking.

Interpretation

In the event of any ambiguity, inconsistency or uncertainty in the interpretation of the terms and conditions set out in the body of this Agreement and any other documents or information comprising the Agreement as referred to in clause 1(a), the Guest shall raise the ambiguity, inconsistency or uncertainty with The Shore to resolve and provide direction.

SCHEDULE OF COSTS

Additional Guests over maximum 11

Where the number of Guests exceeds 11 (maximum 11 Guests)

$250 per Guest per night over 11 Guests

Administration Fees

Postage/courier services (see below) $50

For variation or cancellation of Bookings:

variation of booking dates - under clause 2.4(c) $100
cancellation by the Guest - under clause 2.5(d)(ii) $100
cancellation by The Shore - under clauses 2.5(e), 2.5(f) $100

For action taken under clause 3.4(a) (Damages & Repair) $100

Call-out Fee for locksmith/ lost keys

If any provided key is lost, not returned or locked inside the Property

$100 for security call out + invoice cost to rectify

Call-out Fee for medical emergency

Where any Guests are transported to hospital or require medical assistance or relocation, the Guest will be responsible for paying these costs

Invoice cost

Call-out Fee for The Shore

Where The Shore is called to the Property and the issue is deemed to be caused by any Guests, equipment owned by any Guests or because any Guests have not followed instructions

$250

Call-out Fee for tradesperson to fix an issue caused by the Guest

Where a tradesperson is called to the Property and the issue is deemed to be caused by any Guests, equipment owned by any Guests or because any Guests have not followed instructions

$100 + Invoice cost

Call-Out Fee where Guest is not present

Where the Guest requests a service call and is not present to provide access

Invoice cost

Change to check-in or check-out times

Where consent is given for early check-in or late check-out (subject to availability):

Sunday late check-out at 04:00PM (arranged at time of Booking) $400
Early check-in at midday (arranged at time of Booking) $300
Early check-in or late check-out (arranged by email at least 1 week prior to check-in) $100 per hour

Check-out late - without consent

A late check-out past 11:00AM without prior consent of The Shore

$100 per hour

Cleaning: BBQ/Oven

Where the BBQ or oven is left in extremely dirty condition

$50 + invoice cost to clean

Cleaning: Linen, carpets and furnishings

Where the carpets, furnishings or linen within the Property have been soiled or damaged to the extent that they require extensive cleaning or replacement

$150 + invoice cost of cleaning/cost of repair or replacement

Cleaning: the Property

Where the Property has been left in an extremely dirty or messy condition

$100 + invoice cost to clean

Credible noise complaint by neighbours

Failure to abide by The Shore’s noise policy

$200 per offence

Driving or parking on the grass

Where there is evidence of the Guest parking or driving on the grassed area

$100 + invoice cost to repair or replace

Evidence of pets

Where there is evidence of pets having been at the Property without consent, or with consent but additional cleaning of the carpets, furnishings or linen is required

$250 + invoice cost of cleaning/cost of repair or replacement

Evidence of smoking

Where there is evidence of smoking within or at the Property, including traces of residual smoke or cigarette butts

$250 + invoice cost for additional cleaning

Failure to complete check-out obligations

Where the Guest fails to complete the check-out obligations as required

$100

Parking

Where Guests or their visitors park in an area or space that is not permitted and The Shore receives a valid complaint

$100 per offence

Plumbing/electricity

Where it is determined that the Guest has caused a plumbing or electricity issue that requires a tradesperson

$100 + Invoice cost

Police/security called to the Property

Where police or security attend the Property for any reason including failure to abide by the good neighbour and noise policy

$200 per offence + any associated costs and fines incurred

Postage/courier services

Where the Guest leaves personal property at the Property and requires postage or courier services

Postage or courier invoice costs

Repair/replacement - Equipment

Where there is loss or damage to the Equipment

Invoice cost for repair or replacement + $250 administration fee

Repair/replacement - the Property and FF&E

Where there is loss or damage to electrical items, floors and floor coverings, furniture and fittings, kitchen utensils, crockery, glassware, cutlery and any other items at the Property. Where there is loss or damage caused to the Property or the premises

Invoice cost to repair/ replace

Security Bond

Credit card pre-authorisation

$1000 or as otherwise specified by The Shore

Use of Property for schoolies or large parties, functions or group gatherings

Where prohibited large parties, functions or group gatherings are held at the Property or the Property is used for schoolies, hens or bucks gatherings

$1000