Terms and Conditions

BERRY GETAWAYS
121 Queen Street, BERRY NSW 2535
Telephone: (02) 4464 1793
Fax: (02) 4464 1923
Email: info@berrygetaways.com.au
www.berrygetaways.com.au

STANDARD TERMS AND CONDITIONS OF HOLIDAY TENANCY

All properties are comfortable, clean, and well equipped with a history of many happy and satisfied guests.

We, at Berry Getaways look forward to welcoming you to historic Berry and its surrounds.  Please carefully read and refer to our property management staff for further information. By making payment you and your guests are agreeing to the following Terms & Conditions:

  1. A booking deposit of 50% of the total tariff is required to confirm your reservation and such payment forms part of the total tariff payable. Deposits are non-transferable. The balance of the tariff is due 30 days prior to occupancy. You will receive an email from our office confirming full rates, dates of booking, payment options and payment dates. The tariff can be paid by bank deposit/transfer or credit card (1.833% fee applies for all credit card payments).  The failure to make payments when due may result in the cancellation of the booking and the forfeiture of the deposit.
  2. All bookings incur a $99.00 non-refundable booking fee per property.   Such fee will not be refunded in the event of cancellation and will be charged at the time of payment of the initial deposit.
  3. As the primary guest you must supply their first and last name, email address, residential address, and mobile number.
  4. Your Online Guest registration must be completed when requested, prior to your arrival to finalise your booking. Full name and contact number of each guest must be registered at time of online registration.
  5. The number of occupants/guests MUST NOTexceed the number stated on the Information sheet or the number discussed with the agent at the time of booking.  Should you exceed the number of guests allowed without our approval, your booking may be cancelled, and your bond forfeited. If you are at the property, you may be required to vacate the property immediately and the full amount paid for the booking is non-refundable.
  6. The property is rented to you for holiday accommodation purposes only for the period stated on the receipt and confirmation email and for the maximum number of persons stated.  There will be strictly no social functions, weddings, hens or buck’s parties, schoolies, parties, or similar events permitted at the holiday houses (the property is not a ‘party house’). Your bond will be forfeited if a function has been held at the holiday home and additional cost recoveries may be sought for cleaning and repair of damage, or government fines and penalties.
  7. Occupancy is given at 2 pm on day of arrival. Premises are to be vacated by 10 am on the date of departure unless stated otherwise.  Variation in times must be approved by our property management. We are entitled to charge you a fee of $100/hour for each hour past your departure time.
  8. The details of access to the property will be communicated via email to the guest on the day of arrival.
  9. A fee of $99.00 will be charged when cancellation by a tenant is notified up to 90 days prior to accommodation commencement date. If cancellation is notified within 90 days of accommodation commencement date, the following scale of fees will apply:
      1. 46 – 90 days – 25% of total rent (minimum $50.00)
      2. 31 – 45 days – 50% of total rent (minimum $50.00)
      3. 0 -30 days – 100% of total rent
      4. If the property is rebooked for the entire period, then a cancellation fee of 15% of the total rent will apply.
      5. If payment has been made by credit card and you are entitled to a refund, the credit card fees will not be refunded.
      6. Changes to a booking: Guests are permitted to make one change to their booking if the arrival date is more than 90 days in advance. Subsequent changes more than 90 days from arrival will incur an administration fee of $50 and any rent increases.
      7. If a guest needs to make a change to a booking within 90 days of arrival, the owners of the property need to approve any such change to a booking and the guest will be charged an administration fee of $50 and any rent increases if the change is approved.  It will be at the discretion of the owner of the property if he or she waives any cancellation fee where there is a change in booking dates.
  1. In the event of a forced cancellation due to government restrictions on travel, guests will be offered a postponement of their booking, in the form of a credit voucher. A credit voucher will be issued to the value of the amount paid; the credit voucher is valid for 12 months from the date of issue and non-transferrable. Prices are seasonal and subject to inflation and change; therefore, an additional payment may be required to secure the same property for future dates. There are no refunds in these circumstances unless genuine hardship can be proven.
  2. UNDER NO CIRCUMSTANCES ARE DOGS ALLOWED unless a property is advertised as being pet friendly.
  3. The booking is made in good faith by us as the agent on behalf of a property owner, however, we cannot be held responsible for actions by an owner, including any changes made to any property and/or its inclusions or the withdrawal of a property for use as a holiday rental prior to occupancy and any misdescription of the property and its features.
  4. 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 reasonable control do occur. When this happens, we will use our best endeavours to rectify a situation as soon as practicable, however we or our owners will not accept responsibility for any loss (including loss of enjoyment), or expense suffered, and you will not be entitled to compensation to the extent allowable under Consumer Law. This clause applies to the property, its inclusions, the supply of utilities, and where applicable, the pool or spa.
  5. Should a property be required by an owner or withdrawn after a deposit or full payment has been taken on that property, every reasonable endeavour will be made to offer alternative accommodation should this situation arise.  If you do not wish to accept alternative accommodation, you will be entitled to a refund of all monies paid in these circumstances.
  6. McGoldrick Estate Agents (T/A Berry Getaways) or the owner of the property will not be responsible for or liable to you for any damage or loss of enjoyment occasioned by any force majeure incidents that interfere with the use of your property, including but not limited to bush fires, excessive rain and storm activity, any other weather event, excessive beach erosion due storm activity, excessive deposits of seaweed on the beach, water supply failure, gas supply failure, internet or Wi-Fi absence or disruption and electricity supply failure.
  7. The use of motorbikes, UTVs, or any other motorised vehicles or toys is strictly prohibited on any of Berry Getaways’ properties. If this is breached during your stay you will:
    a. Be asked to vacate the property immediately without a refund.
    b. Forfeit the full bond.
    Berry Getaways and the property owner will not be held responsible for any injuries, damages, or liabilities arising from the unauthorised use of motorised vehicles on the property.
  8. With regards to telephone, email and postal enquiries, our descriptions are made in good faith and responsibility for any inaccurate descriptions will not be accepted by us.
  9. As the tenant you are responsible for leaving the premises in a clean, tidy, undamaged, and orderly fashion and left in a condition as close as possible to how it was when you first arrived.

Please ensure that all: –

      • double check you have all your personal belongings.
      • all food is removed from fridge and pantry.
      • kitchen and bathroom surfaces are clean.
      • dishes, pots, glasses and cutlery are washed, the dishwasher is empty (where applicable) and all is returned as found.
      • floors swept/vacuumed
      • lights turned off.
      • air-conditioning turned off (where applicable)
      • fireplace and fire-pit are extinguished (where applicable)
      • electrical equipment turned off.
      • return any furniture and items back to original locations if moved.
      • outdoor cushions are returned inside
      • doors, windows and gates locked
      • alarms turned on (where applicable)
      • items you brought to the property are removed.
      • all rubbish is placed in the bins provided and any excess rubbish removed from the premises.
      • pool covers are on and cleaning items in the pool remain as they were found (where applicable)
      • keys are returned as per instructions from Berry Getaways

In the case of non-compliance of the above, additional cleaning or repair fees will be charged. Your Credit Card Authority will be released within 7 to 14 days following your departure and only after the premises are found to be in good order. YOU MUST NOTIFY US OF ALL DAMAGES, BREAKAGES AND/OR LOSS incurred during your occupancy and such replacement costs will be deducted from your Credit Card.

Should the keys not be returned as instructed on departure, a callout fee will apply if a staff member must attend the property to retrieve the keys. Loss of keys or remote-control devices will be charged to the guest as well as any incurred costs in the event a locksmith is required.

  1. All breakages, damages, and losses to the holiday premises and/or furniture, furnishings and lock and key replacements must be reported to the Agent immediately.  You agree to allow the Agent to enter and view the state of repair at any time and you will be responsible for and pay for any costs or losses to the property owner for such breakages or damage caused to the premises.
  2. You will also be charged if there is excess rubbish (this includes recycling) left at the property and a contractor is required to come in and remove the rubbish to the tip. It is also your responsibility that if there is excess rubbish being left at the property that it is bagged. Please check the house rules for rubbish and recycling requirements.
  3. Most properties are fully equipped. Some properties will require guests to bring their own sheets, pillowcases, towels, tea towels etc, (unless where specified, please check your info sheet). Personal items such as food and toiletry items will not be included with the property rental.
  4. Please refer to and comply with the House Rules for Access and Parking.
  5. For properties that supply linen, there is a standard linen servicing charge included in the tariff. If linen requires further servicing or replacement due to stains including, but not limited to, makeup, tanning lotion, boot polish etc, this additional cost will be deducted from your Bond.
  6. No responsibility will be accepted for the guest’s personal property left on the premises or loss or damage to such personal property.  To the extent allowable by law, you will release the Agent and the property owner from all liability relating to such property.
  7. All guests of the property must AGREE to our noise restriction conditions to minimise disturbance to neighbouring occupiers.  In home units, Strata Title Law must be observed. Guests are to keep noise to a minimum between the hours of 10pm and 7am. After 10pm, guests are to move inside the house to help minimise noise travelling to the neighbouring properties. If complaints arise from neighbours, a member from our office will call to inform you of this.  If we are unable to contact you or you ignore our request to reduce the level of noise, our security company will visit the property to inform you to keep the noise to a minimum, and you will be charged a call out fee of $300 on the first visit. If a 2nd complaint is made during your stay and the security company is required to visit the property again, there will be a call out fee of $600 and you will be issued with an eviction notice to move out of the property the following morning and there will be no refunds given for the remaining nights not stayed. Any subsequent call outs before your eviction will be charged at $1000 per call out.
  8. In the event of the property being offered for sale, the guest agrees to allow the owner or his Agent to inspect the property with prospective purchasers during reasonable hours by appointment.
  9. The guest agrees to allow the Agent, Owner, or nominee to enter the premises to arrange any necessary repairs and or maintenance.
  10. Our portfolio of holiday rental properties is privately owned. Please respect the owners’ property and do not remove any furniture, fittings, or effects from the property as you will be responsible for all losses. Under no circumstances should furniture be moved or rearranged within the property. Should this occur, a fee may be charged if furniture needs to be rearranged.
  11. Any personal effects left at premises will be held for 14 days, then disposed of. If you require items to be mailed to you, such items will be mailed to at a minimum charge of $20.
  12. The guest will inform the landlords agent as soon as possible of any issues or problems with the property, but not limited to, appliances not working, uncleanliness of property, at the time of arrival or during their stay that may affect the enjoyment of the guests experience at the property. The agent must be given the opportunity to rectify any issues during the guests stay.
  13. Failure to comply with these terms and conditions and House Rules may result in immediate termination of your tenancy.
  14. If you and or any of your registered guests breach our Terms & Conditions or contravene any of the terms in the NSW Fair Trading Code of Conduct for the short-term rental accommodation industry (October 2021), you and your guests may be recorded on the industry exclusion register and, on the NSW Fair Trading Exclusion Register.
  15. Berry Getaways reserve the right to refuse or cancel a booking where a guest is registered on any of the industry exclusion registers and the NSW Fair Trading exclusion register.
  16. By making a reservation with Berry Getaways, you agree to receive occasional email newsletters from us. These newsletters may include information about upcoming promotions, special events, and other news related to Berry Getaways. We will use the email address you provide to us during the reservation process to send these newsletters. If you wish to opt-out of receiving these newsletters, you can do so at any time by clicking the “Unsubscribe” link included in each email. Please note that even if you opt-out of receiving newsletters, we may still need to communicate with you via email for reservation-related purposes, such as confirming your booking or providing important updates.