OCEAN FARM TERMS & CONDITIONS OF RENTAL
9 December 2022
Please note that booking a property is very different from booking a regular hotel room, especially concerning payments and cancellations. It is of the utmost importance that all Guests read the following terms and conditions in full before agreeing to them.
Ocean Farm is my family holiday home. It is full of quality furniture and possessions, many of which I have very fond memories. So the overriding request is that you treat Ocean Farm as if it was your home.
If you do not agree to any of the terms and conditions, please contact us within 24 hours of booking, and we can discuss them or issue a full refund.
Creating a booking constitutes an agreement to abide by the following terms:
The parties acknowledge and agree that:
This agreement is for short-term accommodation for holiday purposes. The laws of New South Wales, Australia applies to this agreement and the parties submit exclusively to the courts of that jurisdiction. The Owner and Ocean Farm reserve the right to revoke or refuse to honour any holiday accommodation booking, at any time before or during the holiday rental period, which may in their opinion (and at their sole discretion) be unsuitable for the property.
INDEX
Property Use & Occupancy Limits
Booking Alterations
Payment Policy
General Cancellation Policy
Check-In & Check-Out
Guest Numbers
Smoking
Furniture
Driving
Towels
Excess Cleaning
Damages
Art & Objects
Children
Pets & Livestock
Balcony Safety
Pool Safety
Security Deposit
PROPERTY USE & OCCUPANCY LIMITS
1.1 The property is let to you for holiday letting purposes only for the period stated in the letter of confirmation. No functions, parties, weddings, group gatherings, photoshoots, commercial activities of any kind unless prior arrangements have been made. Permission is at the sole discretion of the agent, and the owner and a surcharge will apply.
1.2 The name that the booking is made under (THE BOOKER) must stay at the property and they are held responsible for actions for the group and are accountable for each and every individual staying at the property. It is their responsibility to ensure that all occupants understand and agree to these terms and conditions. Neither the whole nor any part of the property shall be sublet without permission.
1.3 You agree to supply us with the number of all adults and children staying / visiting plus ages of all children. Please note: Guests aged between 12 months and 17 years are classified as children. Under 12 months are classified as infants.
1.4 At no time during your occupancy, the number of guests staying / visiting shall exceed that number given by you at the time of booking. There are no exceptions. This is an occupational, health and safety issue relating to fire safety, sanitation and hygiene issues. Exceeding this number may invalidate any insurance policy on the Property. If consent for extra people is not given by the agent – immediate eviction will follow with no refund given or at our discretion, you may be charged for any additional guest found to have been at the property during your stay at $500 per person per day for the time of the booking. This amount will be deducted from your security bond and you the guest hereby authorise Ocean Farm to do so. The BOOKER is responsible for any payments not covered by the security deposit.
1.5 There are to be NO Caravans, Camper Trailers, Tents parked on or near the property. If this is not abided by immediate eviction will occur with no refund given.
1.6 To abide by the local health regulation, No Pets are permitted on or about the premises. Immediate eviction will follow with no refund given.
2. BOOKING ALTERATIONS
In the case of a request to change of booking date:
2.1 Bookings that commence more than 30 days from the change request can be changed or moved without charge. If a change request is received less than 30 days before the commencement of the original booking the change can be granted at the sole discretion of Badila Pty, Trading as Ocean Farm (OF) Complete Island Living (CIL) and OF are under no obligation - moral or financial to make these changes.
3. PAYMENT POLICY
3.1 To proceed with a booking via the Ocean Farm website the following payment conditions apply; for other booking sites, please see their payment terms. A 25% deposit is required to secure a booking. The balance is due 30 days before arrival and will be charged to the card made on initial booking. Full payment is due at the time of booking if the booking is made closer than 30 days to your arrival.
4. GENERAL CANCELLATION POLICY
Cancellation charges will apply as follows:
4.1 Up to 30 days notice you can cancel without charge. If notice of cancellation is given less than 30 days prior to your stay then the booker will be charged the full amount for the booking.
4.1.1 COVID cancellation policy (effective for all bookings taken after May 6, 2022.)
In the case that travel is restricted by a NSW health order and the booker AND all of their guests cannot travel to Ocean Farm then a full credit will be given to the booker.
In the case that a booker or their guests are affected/taken sick by COVID-19 and are unable to travel to Ocean Farm then this is treated as a normal illness and no refund or credit will be given. We encourage bookers to take out appropriate travel insurance if they are concerned about this risk.
4.2 Your booking is confirmed in good faith. In the unlikely event Ocean Farm is unable for any reason (including the sale of a property, the owner takes off the holiday rental market and force majeure) to provide the Guest with the Property booked by the Guest, Ocean Farm reserves the right to transfer the Guest and their party to an alternative Property of similar type and value, in consultation with the Guest. If the price of the substituted Property is less than the original booking, the difference will be reimbursed to the Guest. If the price of the substituted Property is higher than the original booking, the difference may be charged to the Guest. However, if after considerable effort by Ocean Farm, no alternative of similar type and value is available and/or no agreement can be reached between the Guest and Ocean Farm, then either Ocean Farm or the Guest may opt to cancel the booking. In that event, Ocean Farm will refund the Guest all monies paid, without further compensation
5. CHECK-IN & CHECK OUT
NOTE: These times may be adjusted.
5.1 Check-in is no earlier than 3:00 pm on the date of arrival (unless otherwise arranged). Please telephone the manager an hour before you arrive and an hour before you depart so that they can lock and unlock the house and turn the alarm off.
5.2 Check-out is no later than 10:00 am on the day of departure (unless otherwise arranged).
5.3 It takes two people 5 hours to clean the house so a strict departure time of 10:00 am applies as the new Guests will be arriving at 3:00 pm.
5.4 Late checkout will result in a fee of $500.00 per 3-hour block.
6. GUEST NUMBERS
6.1 No more than 12 people are permitted in the house at any one time unless otherwise agreed in writing; this is strictly enforced. A penalty of $500.00 per Guest per day applies. Guests are not permitted to host visitors (people other than guests staying) at the property without prior written consent.
GUEST INFORMATION & OBLIGATIONS
7. SMOKING
7.1 The premise is a smoke-free dwelling. There is strictly No Smoking inside the house at Ocean Farm. Please dispose of cigarette buts responsibly (not in flower pots or over the balcony). Any cigarette butts collected will be subject to the excess cleaning policy above (refer to Point 10 below). If there is any smoking evidence inside the rooms, we have a strictly enforced fine of $800.00 to clean carpets, curtains and air conditioners. No exceptions. It is the guest’s responsibility to understand this prior to making a booking.
8. FURNITURE
8.1 On departure, furniture must be left in the same location in which it was found. Failure to leave the furniture in the correct place will result in a furniture replacement charge at a rate of $100.00 per hour. Furniture that is damaged or broken through will be repaired or replaced at the renter’s cost plus a 15% administration charge.
9. DRIVING
9.1 It is advised that you stick to the road provided. Driving off the road or driveway will result in a penalty of $500.00 per offence. Any areas designated as private by the owners are strictly out of bounds. This is to save our pasture and lawns and to protect your cars.
9.2 Under no circumstances are the following activities permitted: motorbikes, dirt bikes, quad bikes, or related activities other than those that are fixtures at the property. A $1000 fine plus costs to remediate will be payable if a guest or visitor to the property is in breach of this term.
10. TOWELS
10.1 White towels are to be used inside only. Beach towels are provided for outdoor use. White towels are easily stained; we realise some dirt will occur with use. However please note that excessive and obvious use outdoors will result in a replacement fee of $75.00 per towel.
11. EXCESS CLEANING
11.1 We expect and encourage an appropriate level of use during your stay. Please do not leave Ocean Farm in a disrespectful mess, e.g. children's fingerprints on every window, uncleaned spills or unwashed dishes. Dishes must be done, and the house must be reasonably tidy. Excessive cleaning will result in a $100.00 per person-hour additional charge - minimum charge is $150.
11.2 On departure, the property must be left in a similar state to its condition on arrival. Please remove any residual food from the fridge and pantry that you supplied during your stay.
11.3 The BBQ is to be left in a reasonably clean state prior to departure. If the BBQ is not cleaned to standard, Ocean Farm will contact the guest and will place a $100 cleaning charge on the security deposit credit card.
11.4 In the event that damage or excess cleaning/rubbish removal is required to repair damage to or reinstate the property, the agent without reference to the guest charges the guest’s security deposit credit card.
11.5 At Ocean Farm we have only done this a few times with the many hundreds of guests who have visited. Please respect the property, and we won’t have a problem.
12. DAMAGES
12.1 Ocean Farm has items that have been in the family for 35 years or more; these items give a beautiful aesthetic to the property. There is an understanding that on occasion, dishes get dropped, glasses broken, and spills happen. However, please take care to avoid irreplaceable items from getting smashed from blatant misuse or by unsupervised children.
12.2 Please shut and secure all doors and windows whenever you leave the Property. Weather conditions in the tropics can be prone to change, with storms quickly developing, which can cause considerable damage to a Property. Damage, breakages, theft/loss and security, is your responsibility during your stay. You must lock all doors and windows when you leave the Property, and it must be secured at night. You must notify the Agent immediately of any damages, breakages or theft. Management may deduct from your security deposit the amount required to repair or replace any items. You will be responsible for any expense or damage caused at the property as a result of your failure to shut and secure all doors and windows when leaving and vacating the property throughout your stay.
12.3 If required, the Guest gives Ocean Farm authority to recover the additional costs from the bond held. If insufficient funds are available in the bond amount, the Guest agrees to accept responsibility for outstanding payments and hereby authorizes the agent to deduct such amounts from the credit card held or will deposit required funds into Ocean Farm accounts on request.
13. ART & OBJECTS
13.1 Smashed or broken artwork and objects will result in a replacement or repair charge plus 15% administration charge. Breakages and losses to the property are to be reported to the owner and paid for immediately.
14. CHILDREN
14.1 Children are your responsibility. Any damage caused by children will be treated as if it were by an adult.
15. PETS & LIVESTOCK
15.1 Pets are not allowed onto the farm or in the house. This is a safety and liability issue. If pets are found on the premises, the booking will be terminated, and the guests will be asked to vacate with no refund made. Any pest control required as a result of a pet inside and/or on the premises will be charged to the guest.
16. BALCONY SAFETY
16.1 Ocean Farm does not have balustrades on the decks. This is visually stunning, but it can pose a fall risk and a danger for all children and intoxicated individuals. By agreeing to this document, you and your party accept all liability for anyone who falls off the balconies through their actions. Please see photos on our website for illustration. If this condition worries you, then please do not accept this booking.
17. POOL SAFETY
17.1 Swimming is at the guest’s own risk. Children below 14 years must be accompanied by an adult at all times. There is strictly no diving and no glass near the pool. Our gardening and pool staff may require access to the gardens and pool area during your stay. We ensure these visits are kept to a minimum but are sometimes unavoidable to ensure the high maintenance of the property. Should maintenance need to enter the property, we will endeavour to give you as much notice as possible.
18. SECURITY DEPOSIT
18.1 Pre-authorisation will automatically be charged to your card one day before check-in and released two days after check-out. This is not a charge, but a hold of funds, similar to a car rental or hotel check-in. This pre-authorisation is used instead of a security deposit. This pre-authorisation will be released (less any charges for damages or excess cleaning) 48 hours after departure. This is the standard operating procedure for any hotel.