SOUTH COAST HOLIDAYS PTY LTD

TERMS AND CONDITIONS OF TRADE

Thank you for booking with South Coast Holidays (“SCH”).

The following Terms and Conditions (T&Cs) along with your Booking Details - which sets out details of the property being booked, the date and duration of the stay, the tariff and security deposit and the timing for payments - outline the holiday rental agreement between SCH and the Occupier.

Departure from these T&Cs by the Occupier permits SCH to refuse access, amend the tariff or immediately terminate the occupancy.

 

1. DEFINITIONS

1.1   “SCH” means South Coast Holidays Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of South Coast Holidays Pty Ltd.
1.2   “Occupier” means the person/s requesting SCH to provide the Property on a hire basis as specified in any Booking, invoice, document or order, and if there more than one person hiring the Property is a reference to each person jointly and severally.
1.3   “Property” means the property (and any related facilities) which SCH will provide to the Occupier, on a hire basis.
1.4   “Booking” means the form containing details of the Property, Stay and Tariff, whether in physical or electronic form, including any online forms hosted on the website of SCH and/or third parties.
1.5   “Stay” means the duration of hire of the Property as described on the Booking, invoices, quotation, or any other form(s) as provided by SCH to the Occupier.
1.6   “Tariff” means the price payable for the hire of the Property for the duration of the Stay as agreed between SCH and the Occupier in accordance with clause 5 of this agreement, and includes all other charges, such as cot hire, linen hire, etc.
1.7   “Deposit” means a deposit which shall be immediately due and payable by the Occupier at the time of Booking to confirm the reservation of the Property for the duration of the Stay.
1.8   “Booking Fee” means an administrative charge for the Booking of the Property, and will be specified by SCH on their form.
1.9   “Security Deposit” means an amount of money (separate to the Tariff), which guarantees the Occupier’s obligations under this agreement (including, but not limited to, any damages to the Property or furnishings, repairs and/or replacement, breakages, excess cleaning, repositioning moved furniture, excess guests, excess rubbish removal, lost keys and/or garage/alarm remotes, late departure or noise complaints from the Property and any other losses sustained by the owner of the Property as a direct or indirect consequence of the actions of the Occupier and/or their guests, whether as a consequence of a breach of this agreement or not, etc.), and which shall be immediately due and payable by the Occupier as per clause 7.3 and will be reimbursed (less any amount payable by the Occupier under, and subject to the terms of, this agreement) within seven (7) days of departure. In the event the cost of repairs or other losses exceed the amount of the Security Deposit, the Occupier will indemnify the owner of the Property for any such losses and will pay the same upon demand.

2.THE COMPETITION AND CONSUMER ACT 2010 ("CCA") AND FAIR TRADING ACTS ("FTA")  

2.1   Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

3. ACCURACY OF DESCRIPTIONS AND IMAGES 

3.1   SCH endeavours to ensure the information about the Property is current and accurate on our websites: www.southcoastholidays.com.au and www.southcoastlifestyleproperty.com.au; however, this information may change without notice. The description of the Property is made in good faith and SCH will accept no responsibility for errors or omissions. All photos on these websites are taken onsite, SCH photographers do not “photoshop” the properties or locations and the images are an accurate representation of the described Property at the time the photographs are taken and are subject to change with fair wear and tear, change in ownership, refurbishing or other circumstances outside the control of SCH. If any feature/facility is essential for the Occupier in choosing a particular Property, it is the Occupier’s responsibility to confirm this with SCH at the time of Booking.
3.2   All properties under SCH management are privately owned and are rented on a fully self-contained basis, unless otherwise agreed. In the event of faults and/or malfunctions in appliances or inclusions, there is no obligation from the owner or SCH to compensate or discount, however SCH will endeavour to be fair and ethical and will review on a case-by-case basis. SCH will accept no responsibility for any inconvenience with machinery breakdown, loss of power or water; however, in such circumstances, SCH will undertake their best endeavours to repair, replace or hire an alternative, where possible.

4. ACCEPTANCE OF BOOKING 

4.1   The Occupier is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Occupier places a Booking for, or makes payment for all or part of the Stay for, the Property provided by SCH.
4.2   These terms and conditions may only be amended with SCH’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Occupier and SCH.
4.3   SCH acts as an agent for the owner of the Property only and:
(a)is not responsible for any actions taken by the owner of the Property which may cause the Property to become unavailable, including where the Property is sold. SCH will attempt to locate alternative accommodation in such circumstances, where practical;
(b)relies on information provided by the owner of the Property in relation to the advertising thereof. This information, however, is subject to change and whilst any printed, written or verbal description given of the Property by SCH is given in good faith, SCH accepts no liability or responsibility for any error, inaccuracy or mis-description in relation to the Property contained in any promotional or other material placed in the public domain by SCH.
4.4   Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 (NSW & SA), the Electronic Transactions Act 2001 (ACT), the Electronic Transactions (Victoria) Act 2000, the Electronic Transactions Act 2003 (WA), the Electronic Transactions (Northern Territory) Act 2000, Section 14 of the Electronic Transactions (Queensland) Act 2001, Section 7 of the Electronic Transactions Act 2000 (TAS), Section 22 of the Electronic Transactions Act 2002 (NZ) (whichever is applicable), or any other applicable provisions of that Act or any Regulations referred to in that Act.
4.5   All Tariffs on SCH’s website or other web portals are dynamic and subject to change without notice. Booking at the Tariff quoted is not guaranteed until the Deposit has been successfully processed and the Occupier has received formal confirmation of the Booking by email from SCH. Subsequent changes to the Booking will incur an amendment fee.

5. BOOKINGS

5.1   No Booking shall be deemed to be accepted by SCH until confirmed via email to the Occupier (“Booking Confirmation”), and Deposit and Booking Fee paid in accordance with clause 5.3.
5.2   The Occupier must immediately inform SCH by writing/email of any alteration or cancellation of the Booking. Any variation to the Booking which reduces the number of nights stay will be treated as a cancellation of the Booking in respect of those nights (see clause 11.2), and no refund will be made for a variation to the extent that it breaches SCH’s minimum stay policy (see clause 4.3).
5.3   The Occupier acknowledges that a minimum night’s stay policy of two (2) nights is applicable.
5.4   The Occupier may only assign the benefit of this agreement to a third party with the consent in writing to SCH. The Occupier may request SCH to transfer the Booking to another property provided payment of the Deposit is made by the Occupier (however SCH shall be under no obligation to do so), and under these circumstances an additional administration fee shall be applicable.
5.5   Should the Occupier wish to view the Property before Booking, SCH will charge an administrative fee to show them through each Property, which will be refunded upon Booking.

6. TARIFF AND PAYMENT

6.1   At SCH’s sole discretion the Tariff:
(a)are quoted in Australian dollars and are on a per Property per night basis;
(b)are subject to change without notice until the Booking is paid for in full.
6.2   SCH reserves the right to change the Tariff to include (where applicable) any variation/alteration to the Booking, and for any after-hours call outs to the Property.
6.3   At SCH’s sole discretion, a non-refundable Deposit of fifty percent (50%) of the Tariff plus a Booking Fee shall be required upon Booking.
6.4   The Deposit plus Booking Fee is payable within forty-eight (48) hours of Booking. The balance of the Tariff, plus the Security Deposit, are due to be paid a minimum of four (4) weeks before the Stay. If the Stay is less than (2) weeks from the Booking date, the Tariff plus Booking Fee plus Security Deposit is required to be paid immediately.
6.5   Payment may be made by cash, money order, cheque, EFTPOS, electronic/on-line banking, credit card (Visa or MasterCard), or by any other method as agreed to between the Occupier and SCH.

7. ARRIVAL AND DEPARTURE 

7.1   The Stay will commence at 4:00pm on the specified day of arrival and end at 10:00am on the specified day of departure, unless otherwise agreed by SCH. Keys must be returned to SCH’s offices/key return by checkout time or the Occupier may incur a late checkout fee.
7.2   The Occupier will, on departure:
(a)  leave the Property in a clean and tidy state;
(b)  return moved furniture back to its original position;
(c)  remove all items from the kitchen fridge and freezer;
(d)  pack all dishes into the dishwasher and run the cycle (or wash up all dishes if the Property doesn’t have a dishwasher), wash, dry and return pots and pans to their designated cupboard;
(e)  empty all internal bins into the council bins outside the house – red-topped bins for household rubbish, yellow-topped bins for recycling (bottles and boxes). If the Occupier has excess rubbish they will remove it from the Property. Excess cleaning or rubbish removal fees will be charged to the Occupier by the cleaner in the event of non-adherence to this clause. A minimum charge of one hundred dollars ($100) will be incurred, which covers garbage removal, transportation to the tip and council tip fees;
(f)  clean and cover the barbecue to avoid a cleaning surcharge;
(g)  shut and lock all windows, shutters and doors and vacate the Property by the stipulated checkout time; and
(h)  report any spillage, breakage or malfunction of any household appliance to SCH on (02) 4234 2065 or by text to 0450 629 101.
Failure to comply with this may incur charges or loss of security deposit.
7.3   After departure, SCH will inspect the Property for any damage or missing items, excess cleaning or excess garbage which is the responsibility of the Occupier. A Security Deposit will NOT be refunded until a complete inspection of the vacant Property by SCH staff.
7.4 In the event the Occupier incurs charges for damage, excess clean, excess garbage etc, SCH will charge a $100 administration fee.
7.5 In the event the Occupier leaves items at the property, SCH will charge $25 to retrieve these items. In addition, the Occupier will pay for postage or a courier.

8. ADMISSION AND/OR EVICTION

8.1   Apart from the reasonable number of guests (as requested by the Occupier and approved in advance by SCH) on any particular day during the Stay, the number of occupants must not exceed the number stipulated in the Booking details. If other guests occupy the Property, other than agreed, the total Security Deposit may be forfeited and SCH reserves the right to terminate the Booking immediately. There is no additional charge for an infant under two (2) years of age. Cots and highchairs are available for hire.
8.2   In the event the Occupier and/or their guests are locked out of the Property outside normal working hours, or where SCH is required to deliver keys to the Occupier during normal working hours, an additional fee shall be applicable. If a locksmith is required, the Occupier will be responsible for the locksmith’s account.
8.3   SCH reserves the right to refuse admission to, or evict, any person, at any time, without reason, including in the event of:
(a)  persons who are under the age of eighteen (18) years, and are unaccompanied by an adult;
(b)  persons who cannot provide the full Security Deposit amount;
(c)  intoxication and unsavoury behaviour;
(d)  overcrowding - when the number of persons in the Property exceeds the number of sleeping provisions, as set out in the Council’s Code of Conduct;
(e)  physical or verbal assault towards staff or neighbours;
(f)  wilful damage to the Property;
(g)  any incident for which the Police need to be called onto the Property;
(h)  any behaviour posing a safety threat to others;
(i)  ignoring advice to reduce excessive noise (music or other noise) – an excess noise charge or total loss of the Security Deposit will apply;
(j)  throwing of objects over balconies or from windows;
(k)  prohibited smoking (an excess cleaning fee shall apply); and
(l)  in such circumstances:
(i)  SCH may choose to involve/notify the Police;
(ii)  SCH is not obliged to provide or locate alternative accommodation;
(iii)  the proportion of any refund is at SCH’s discretion.
8.4   SCH will not:
(a)(unless otherwise agreed) allow admittance to the Property of any person who is not an authorised guest of the Occupier;
(b)be liable for the actions of any third party, nor any other guest of the Occupier.
8.5   Without limiting SCH’s absolute right to cancel and/or refuse admission, if the Occupier does not comply with the law, this agreement, or any of SCH’s reasonable requests, SCH reserves the absolute right to (without refund) require the Occupier, or any other person(s), to immediately leave the Property, and/or confiscate any personal property of the Occupier and/or their guests within the Property, to be returned to the Occupier upon departure.

9. RULES OF ENTRY 

9.1   Subject to the terms of this agreement, the Occupier can bring their own food and drink onto the Property for personal use. No food or drink will be provided by SCH under this agreement unless expressly agreed by SCH in writing.
9.2   The Occupier will:
(a)  not sell, or permit to be sold, any products and/or services from the Property;
(b)  not remove and/or move any property (other than their own personal property) from the Property, such as furniture, linen, appliances or electronic devices, etc. In the event this occurs, additional charges may apply to move the furniture back to its original position and/or replace the furniture;
(c)  respect the privacy of neighbours. The Occupier will not enter, nor interfere with, any property (or personal items) of neighbours;
(d)  not conduct themselves in a manner which, in the opinion of SCH, is likely to unreasonably interfere with neighbours’ use and enjoyment of their own properties;
(e)  ensure that any permitted invitees or guests admitted to the Property will fully comply with the liabilities and responsibilities of the Occupier under this agreement;
(f)  not use firecrackers at, or erect fire pits on, the Property;
(g)  where there is a pool and/or dam on the Property, ensure any children are supervised by an adult at all times;
(h)  comply with parking regulation and show consideration to neighbours of the Property;
(i)  not carry out any deleterious activities which may adversely impact on the Property (such as, but not limited to, the cleaning of fish or the opening of shellfish) during the Stay.
9.3   The Occupier acknowledges that:
(a)  the Property is strictly NON SMOKING; an excess cleaning fee may be charged to the Occupier as a consequence thereof;
(b)  no pets are permitted on the Property during the Stay unless express permission has been given to the Occupier by SCH, and in this instance the Occupier will be obligated to pay a pet fee and an excess cleaning fee if required to remove fleas, faeces, etc.;
(c)  BBQs must be left clean and tidy and ready for use by the next occupier; an excess cleaning fee may be charged to the Occupier as a consequence of the Occupier not adhering to this clause. In the event the BBQ is dirty upon the Occupier’s arrival at the Property, the Occupier must contact SCH immediately and they will endeavour to send someone out to clean it;
(d)  The Property is to be used for holiday purposes only and strictly for the duration stated in the Booking. SCH has a zero tolerance policy towards parties, functions and group gatherings, and this policy will be strictly enforced. Unauthorised parties and weddings are strictly prohibited;
9.4   The Occupier is expected to respect neighbours of the Property and the local community, and will endeavour to keep noise to a minimum to ensure neighbours enjoy the peace and comfort of their own properties, this includes:
(a)  respectful entry and egress of the Property;
(b)  any day guests leaving the Property by 10:00pm each evening;
(c)  no loud music, televisions or other excessive noise will be permitted between the hours of 10:00pm and 7:00am.
9.5   In the event SCH is required to contact the Occupier or attend the Property during the Stay as a consequence of noise complaints or complaints as to the behaviour of the Occupier and/or their guests by neighbouring property owners, an additional charge will be deducted from the Security Deposit. A second or subsequent breach may lead to the immediate termination of this agreement and the loss of the Security Deposit in full.
9.6   Each local council has a set of requirements and obligations which regulate short term rental accommodation and the Occupier and/or their guests must abide by these conditions; a copy thereof will be located at the Property in the information booklet.

10. SERVICES PROVIDED 

10.1   Unless otherwise stated, all bed linen and bathroom towelling will be provided, which must be left in the bathroom or bedroom on departure. The Occupier is requested not to use linen in any way which may cause it to be irreparably stained/damaged (including, but not limited to, makeup, sunless tanning products, hair dyes, etc.), otherwise the Occupier may be charged for linen replacement costs. In the event linen is not provided at the Property, the Occupier must use their own sheets and pillowcases on all beds used throughout the Stay. Should SCH’s cleaners reasonably believe that the Occupier has contravened this clause, the Occupier will be responsible for the cost of laundering all bedding.
10.2   The breakdown of any electrical or other device during the Stay should be reported to SCH as soon as possible, and:
(a)  reasonable attempts will be made (where practicable) to repair the item in question as soon as possible;
(b)  SCH accepts no responsibility for any inconvenience due to the breakdown of any appliance or device supplied in conjunction with the hire of the Property, or for failure or interruption to power or services to the Property for reasons beyond SCH’s control, during the Stay, and will offer no partial refund or discount to the Tariff;
(c)  should the Occupier discover such upon arrival, please advise SCH immediately or they will consider the fault/damage to have occurred during the Stay and charge the Occupier accordingly;
(d)  in the event of a major problem rendering the Property inhabitable, SCH will make every effort to find alternative suitable accommodation for the Occupier.

11. SCH’S RIGHT OF ENTRY AND INSPECTION

11.1   SCH reserves the right to inspect the Property at any time during the Stay, and the Occupier authorises SCH, its agents and representatives, at all times without notice, to enter into, and to remain in, (at all necessary times) the Property in order to inspect it without being liable in any way for trespass, in the event that SCH has a legitimate cause for concern (e.g. in accordance with clause 12.6 or if the Occupier has not been seen or able to be contacted over a period of time, etc.).

12. CANCELLATION

12.1   SCH reserves the absolute right to, at any time before or during the Stay, without reason, without prior notice, without payment of compensation and without prejudice to any other rights which SCH may have against the Occupier:
(a)  cancel or terminate this agreement;
(b)  require the Occupier or any other person/s to immediately leave the Property, and SCH or its agents may enter the Property for this purpose.
12.2   If the Occupier cancels their Stay, this renders their Deposit non-refundable. If cancellation occurs, SCH reserves the right to charge the Occupier up to the full amount for the Stay as compensation for lost revenue. In the event SCH is able to re-hire the Property for the cancelled duration of the Stay, a refund may be made less the first night’s charges and an administrative fee.

13. RISK

13.1   SCH strongly recommend that the Occupier take out their own travel insurance. The Occupier accepts full responsibility for:
(a)  the safekeeping of the Property and indemnifies SCH for all loss, theft, or damage thereto howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Occupier. Any damage to the Property during the Stay must be reported to SCH immediately;
(b)  the Occupier will be liable for damages caused by third parties, including but not limited to guests; regardless of whether the Occupier is present or not at the time the damage occurs;
(c)  and shall keep SCH indemnified against, all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to or loss of property, or otherwise arising out of the use of the Property during the Stay and whether or not arising from any negligence, failure or omission of the Occupier or any other persons.
13.2   Security of the Property during the Stay is entirely the responsibility of the Occupier and they must ensure all doors and windows are locked securely on departure; neither SCH nor the owner of the Property are in any way responsible for the loss or damage to any personal property of the Occupier of their guests during the Stay.
13.3   Any personal property of the Occupier and/or their guests found at the Property with be held by SCH for up to thirty (30) days, and unless the Occupier and/or their guests arrange collection or postage (items will be mailed COD and will incur a handling fee), given to a local charity.
13.4   SCH is not responsible, nor has any control over building/renovation/farm work being carried out on neighbouring properties and shall not issue refunds in such circumstances.
13.5   The Occupier is not authorised to pledge SCH’s credit for repairs to the Property or to create a lien over the Property in respect of any repairs.
13.6   In addition to clauses 11 and 13, SCH shall be entitled to cancel this agreement and evict the Occupier if SCH (in their reasonable opinion) believes the Property is at risk.

14. DEFAULT AND CONSEQUENCES OF DEFAULT 

14.1   Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at SCH’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
14.2   If the Occupier owes SCH any money the Occupier shall indemnify SCH from and against all costs and disbursements incurred by SCH in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, SCH’s contract default fee, and bank dishonour fees).
14.3   Without prejudice to any other remedies SCH may have, if at any time the Occupier is in breach of any obligation (including those relating to payment) under these terms and conditions SCH may suspend or terminate the Stay of the Occupier. SCH will not be liable to the Occupier for any loss or damage the Occupier suffers because SCH has exercised its rights under this clause.
14.4   Without prejudice to SCH’s other remedies at law SCH shall be entitled to cancel all or any part of any Booking of the Occupier which remains unfulfilled and all amounts owing to SCH shall, whether or not due for payment, become immediately payable if:
(a)  any money payable to SCH becomes overdue, or in SCH’s opinion the Occupier will be unable to make a payment when it falls due;
(b)  the Occupier becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c)  a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Occupier or any asset of the Occupier.

15. PRIVACY ACT 1988 

15.1   The Occupier agrees for SCH to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Occupier in relation to credit provided by SCH.
15.2   The Occupier agrees that SCH may exchange information about the Occupier with those credit providers and with related body corporates for the following purposes:
(a)  to assess an application by the Occupier; and/or
(b)  to notify other credit providers of a default by the Occupier; and/or
(c)  to exchange information with other credit providers as to the status of this credit account, where the Occupier is in default with other credit providers; and/or
(d)  to assess the creditworthiness of the Occupier including the Occupier’s repayment history in the preceding two (2) years.
15.3   The Occupier consents to SCH being given a consumer credit report to collect overdue payment on commercial credit.
15.4   The Occupier agrees that personal credit information provided may be used and retained by SCH for the following purposes (and for other agreed purposes or required by):
(a)  the provision of the Property on hire to the Occupier; and/or
(b)  analysing, verifying and/or checking the Occupier’s credit, payment and/or status in relation to the provision of the Property on hire to the Occupier; and/or
(c)  processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Occupier; and/or
(d)  enabling the collection of amounts outstanding in relation to the hire of the Property by the Occupier.
15.5   SCH may give information about the Occupier to a CRB for the following purposes:
(a)  to obtain a consumer credit report;
(b)  allow the CRB to create or maintain a credit information file about the Occupier including credit history.
15.6   The information given to the CRB may include:
(a)  personal information as outlined in 14.1 above;
(b)  name of the credit provider and that SCH is a current credit provider to the Occupier;
(c)  whether the credit provider is a licensee;
(d)  type of consumer credit;
(e)  details concerning the Occupier’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f)  advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Occupier no longer has any overdue accounts and SCH has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g)  information that, in the opinion of SCH, the Occupier has committed a serious credit infringement;
(h)  advice that the amount of the Occupier’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
15.7   The Occupier shall have the right to request (by e-mail) from SCH:
(a)  a copy of the information about the Occupier retained by SCH and the right to request that SCH correct any incorrect information; and
(b)  that SCH does not disclose any personal information about the Occupier for the purpose of direct marketing.
15.8   SCH will destroy personal information upon the Occupier’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

16. DISPUTES AND COMPLAINTS RESOLUTION 

16.1   Privacy: The Occupier can make a privacy complaint by contacting SCH via e-mail. SCH will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Occupier is not satisfied with the resolution provided, the Occupier can make a complaint to the Information Commissioner at www.oaic.gov.au.
16.2   Rental: All complaints regarding bookings or rental properties must be sent to SCH by email and SCH will endeavour to settle the problem by mutual agreement within forty-eight (48) hours, or as otherwise agreed. Should a formal dispute ensue, then the Occupier shall be responsible for all litigation costs and travel in addition to one hundred and eighty dollars ($180) per hour charged for SCH preparation, travel and attendance of the tribunal if the decision favours SCH. The Occupier can make a complaint to the NSW Fair Trading Commissioner www.fairtrading.nsw.gov.au or the NSW Civil and Administrative Tribunal www.ncat.nsw.govt.au.

17. GENERAL 

17.1   Nothing is this agreement shall be construed as creating a tenancy or conferring an interest in land upon the Occupier and/or their guests.
17.2   The failure by SCH to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect SCH’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.3   These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which SCH has its principal place of business, and are subject to the jurisdiction of the Wollongong Court in that state.
17.4   Subject to clause 2, SCH shall be under no liability whatsoever to the Occupier for any indirect and/or consequential loss and/or expense or inconvenience suffered by the Occupier arising out of a breach by SCH of these terms and conditions (alternatively SCH’s liability shall be limited to damages which under no circumstances shall exceed the Tariff).
17.5   The Occupier shall not be entitled to set off against, or deduct from the Tariff, any sums owed or claimed to be owed to the Occupier by SCH nor to withhold payment of any invoice because part of that invoice is in dispute.
17.6   SCH may license or sub-contract all or any part of its rights and obligations without the Occupier’s consent.
17.7   Neither party shall be liable for any default due to any act of God, war, terrorism, government regulations, national disaster, strikes, civil disorder or curtailment of transportation facilities beyond the control of the parties making it inadvisable, illegal, or impossible to fulfil some or all of the agreement. This agreement may be terminated without penalty for any one or more of such reasons by written notice from one party to the other.
17.8   The Occupier warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
17.9   SCH reserves the right to change all or part of these terms and conditions at any time, without notice and other communication. It is the Occupier’s responsibility to keep themselves updated on the changes to these terms and conditions, a copy of which is available on SCH’s websites (as per clause 3.1). If the Occupier objects to a change of the terms and conditions after paying the Deposit, it is their responsibility to immediately advise SCH, and both SCH and the Occupier will agree to negotiate reasonably to produce an outcome acceptable to both parties. Any such negotiation must take place before the Occupier enters the Property.
17.10   These terms and conditions were last updated 1 February 2015. They may be changed from time to time, without notice on our websites. In case of any variations of booking conditions between SCH and an independent third party booking provider or agent, the terms and conditions posted on our websites (as per clause 3.1) will apply.
17.11   SCH will endeavor to answer phone call/emails as quickly as reasonably possible, but will not be held responsible for not answering promptly outside of the working hours displayed on SCH’s websites or on public holidays.
 

South Coast Holidays participates in the Bad Book register. By accepting your booking you hereby agree that if you or any occupant covered by that booking, including any guests, breaches our Terms and Conditions, your Name, Phone Number and Email along with details of the breach/breaches may be disclosed to the property landlord and/or other agents participating in the Bad Book register. South Coast Holidays reserves the right to cancel a booking where a guest may be registered on Bad Books.

SOUTH COAST HOLIDAYS DISCLAIMER

All information on this web site is correct at time of publishing. All companies listed are members of www.southcoastholidays.com.au.
While every reasonable effort is made to ensure that the information provided on this site is accurate, no guarantees for the currency or accuracy of information are made. South Coast Holidays website and material relating to information, products and services (or to third party information, products and services), is provided 'as is'. It is provided without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Neither South Coast Holidays nor YesBookIt accepts any responsibility for any loss, disruption or damage to your data or your computer system which may occur while using material derived from this website.
South Coast Holidays does not warrant that the functions contained in the material in this site will be uninterrupted or error free. In no event will South Coast Holidays or YesBookIt be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the South Coast Holidays website.
This website may contain information about activities which by reason of their physical exertion or the degree of physical fitness required may be unsuitable or dangerous for certain persons, or it may describe activities which are inherently dangerous. www.southcoastholidays.com.au makes no representations of fact, nature, quality and suitability about any or all of the activities promoted on this site and user agrees that the user shall be responsible for first satisfying himself/herself by independent enquiry or advice as to the suitability of the particular activity. Any access of this site by the user is entirely at the users own risk and www.southcoastholidays.com.au shall not be responsible for the propagation of computer worms or viruses transmitted from this site.

 

COPYRIGHT

South Coast Holidays holds the copyright for any material contained on this website. The information is intended for your general use and to assist in the process of arranging accommodation bookings. You may view, download, display, print and reproduce this material in any unaltered form only for your personal, non-commercial use or use within your organisation. You may distribute any copies of downloaded material in unaltered, complete form only. All other rights are reserved by South Coast Holidays.
South Coast Holidays ABN 19 099 609 266
Licence No: 1162674
This policy was last adjusted on August 1 2013.