Luxury Stays – Guest Terms & Conditions

1.1

These Terms apply to all bookings at a Property.  By making a booking for a Property under these Terms, you acknowledge and agree that you have read and agree to be bound by these Terms, plus any additional terms brought forward to you by us at the time of booking. It is your responsibility to read and understand these terms, including all applicable rules, standards, policies and requirements prior to booking a reservation for the Property; and

1.2

When you receive a booking confirmation from us in connection with a Property, a contract is formed directly between you and the Host.  

1.3

You agree and acknowledge that we provide access to the website which allows you to make a booking for a Property with a Host and we collect and process payments between Guests and Hosts under these Terms (the Services).  

1.4

We are not responsible for the delivery of the booking or access to the Property. We are not acting as agent for you except where we act as collection agent for the Booking Fees and other fees required to be paid under these Terms. We are not a party to any agreement entered into between any you and any Host and we have no control over the conduct of the any users of our website (including Hosts).

2.1

Bookings for the Property can be made online (via our website or a third-party website that we use that allows you to make a booking for the Property), by emailing or by calling us directly.

2.2

You must be over be 28 years or older to request and make a booking for the Property. At least one person who is 28 years or older must be a Guest at the Property throughout the entire booking.

2.3

All bookings are subject to availability.  When making a request for a booking, please ensure that all details you provide are correct. It is your responsibility to notify us of any correction to your booking details as soon as possible. Any incorrect, misleading or inaccurate information that you provide may affect your booking.

2.4

You agree and acknowledge that:

2.5

A booking for a Property cannot exceed 90 days.

3.1

The Property cannot accommodate more than the number of Guests specified on the booking page for the Property, at any one time.

3.2

You agree to provide us with the number and ages of all the Guests who will be residing at or visiting the Property during the booking. The number of Guests staying at the Property must never exceed the number of guests confirmed in your booking. There are no exceptions unless the Host approves additional Guests in writing. This is an occupational, health and safety issue relating and the Property may be checked for compliance. You may be charged a reasonable fee for any additional Guests found to have been at the Property during your booking.   

3.3

By making the booking and accepting these Terms, you will be the Primary Guest. The Primary Guest’s name must appear exactly the same as the name provided by you at the time of booking. The Primary Guest is responsible for the Property and its contents for the entire period of your booking and will be liable for all breakages and damages caused by any Guest or visitors regardless of whether You are present or not at the time the damage occurs (unless caused or contributed to by us). It is the responsibility of the Primary Guest named in the booking confirmation to ensure all Guests and visitors are aware of the Terms and any other booking terms that apply to the Property. All booking variations and cancellations must be made by the Primary Guest only.

3.4

Unless otherwise agreed, the total number of visitors at the Property during your stay must not exceed four visitors.  No visitors will be permitted at the Property between 10pm and 6am.

3.5

If you fail to comply strictly with this clause 3, the Host may withdraw their consent for you and the Guests to continue to occupy the Property and shall have the right to require you and all Guests to vacate the Property within a reasonable period of time. If this occurs, the total Booking Fee will be forfeited and will not be refundable. If you fail to vacate the Property on request, you will be liable for trespass.

3.6

You and your Guests must also comply with any Government or legislative mandate that may restrict the number and type of Guests or visitors who may be present at the Property.  You acknowledge and agree that it is your responsibility to inform yourself of any such requirements.

4.1

 A deposit of 50% of your total Booking Fee must be paid at the time of booking if your arrival date is 60 days or more from the date of arrival. You must pay the outstanding balance of the total Booking Fee at least 59 days prior to the date of your arrival.

4.2

If you make a booking within 60 days of your arrival date, you will be required to pay 100% of the Booking Fee at the time of booking.

4.3

If we have not received payment of your Booking Fee in full on or before the applicable due date, you agree that we may charge the amount to your nominated credit card or cancel your booking and retain the 50% deposit that you have paid booking, provided we have sent you at least 1 reminder (within a reasonable period of time) that the remainder of the Booking Fee is owing, the applicable due date and a warning regarding cancellation.

5.1

The ‘per night’ rates for the Property as listed on our website are expressed in Australian Dollars and are exclusive of any applicable GST (unless otherwise stated). These rates are variable and subject to change without notice.  The rates per night for a Property are determined by the Host. The rates for the Property will not change once a booking has been made and confirmed by us.

5.2

The total Booking Fee for your stay at the Property is not confirmed until we have received payment of the required deposit.

5.3

We reserve the right to require a minimum length of stay for all bookings. The details of any minimum stay requirements will be as specified on the information page and the booking page for the Property prior to booking. It is your responsibility to review any minimum length stay requirements prior to making a booking for a Property.

6.1

Children are welcome to stay at many of the properties available for booking. However, some properties may only accept children above the age of 12. Please check any information regarding children on your chosen property’s details before booking.

6.2

Whether or not children are allowed at a Property will be determined by the Host.

7.1

The Booking Fee may be paid by way of credit card, Visa, MasterCard, AMEX, direct deposit and BPAY.  All payments must be made in Australian Dollars. A surcharge in respect of credit card payments may apply.  A surcharge of 1.49% will be charged for Visa and Mastercard and 1.93% for AMEX. There will be no surcharge for direct deposit or BPAY. This will be in addition to the Booking Fee.

7.2

Even if your Booking Fee is paid by direct deposit, you must provide us with credit card details for the Security Deposit and any other charges that may be payable by you to us. 

7.3

A refundable Security Deposit as set out on the property information page must be paid prior to your arrival at the Property or will otherwise be held in an authorisation hold on your nominated credit card, to cover the costs of any additional charges and any damage which occurs to the Property during your stay which will need to be rectified following from your departure. These terms do not restrict the ability to seek additional compensation from you beyond the Security Deposit amount.

7.4

We (on behalf of the Host) reserve the right to ask for a larger security deposit for large groups or where pets may be in attendance    with you. This will be notified to you prior to making your booking.  

7.5

Where the Security Deposit is insufficient to cover the total of any such incidental costs, you will be liable for those reasonable additional costs and agree to pay the additional balance within fourteen (14) days after being advised of such costs and provided with an itemised tax invoice. If you dispute any of the additional costs specified in the itemised tax invoice, please contact us as soon as possible to discuss the dispute. Both parties will work with each other to resolve the dispute in good faith.

7.6

The Security Deposit (less any additional charges or damage costs) will be refunded to your nominated account or released from the authorisation hold (as the case may be) within 10 business days of us, the Host or a representative of the Host having undertaken an exit inspection of the Property.  We will use reasonable efforts to ensure the exit inspection is conducted within a reasonable timeframe after you depart the Property.

7.7

Additional services which may be booked by you through us will be invoiced and charged to your nominated credit card.

8.1

 A copy of your government issued photo ID must be provided at the time of booking.

8.2

If booked through Airbnb (or other third party platform), this may be requested twice, once by Airbnb (or the other third party platform) which is not shared with us, and a second time following on from confirmation of the booking, by us for security and compliance. Failure to present your ID within 24 hours of requesting a booking will result in termination of your booking.  A booking will not be confirmed until we have received your photo ID.

8.3

We will require in addition to see the same photo ID at check in to verify your identity in person.

9.1

Cancellations 90+ Days Before Arrival: If you choose to cancel 90 or more days before arrival, 20% of the total Booking Fee will be forfeited. The remaining 80% will be refunded.

9.2

Cancellations 61–89 Days Before Arrival: If you choose to cancel 61 to 89 days before arrival, 50% of the total Booking Fee will be forfeited. The remaining 50% refunded.

9.3

Cancellations 60 Days or Less Before Arrival: If you cancel within 60 days of arrival, no refund will be issued.

9.4

If you made the booking via a third-party site such as AirBnB, you will incur any cancellation charge of the site. Please check the terms of booking via these sites. In this case, you will need to contact them directly.

9.5

If you wish to reschedule your booking, please contact us as soon as possible. Rescheduling of bookings is at our and the Hosts reasonable discretion and subject to availability. We cannot guarantee your preferred dates. Rate differences may apply if moving to a higher-priced period (e.g., low to high season).

9.6

If you cancel your booking and we are able to successfully rebook the Property for any, or all of your original dates, you will be refunded the Booking Fee, minus a 10% Booking Fee.

9.7

Subject to applicable law, if you cancel your booking during your stay, your Booking Fee will not be refunded (unless the reason for cancellation is caused directly by us).

9.8

Subject to applicable law, if we cancel your booking at any time, other than by reason of a breach by you of these Terms, we will refund to you all amounts paid to us by you.

9.9

We strongly recommend that you familiarise yourself with the booking terms of any third party sites and have travel insurance to cover you in the event of an unforeseeable cancellation.

10.1

Check-in is available from 2:00pm on the date of your arrival. You must check-out by 11:00am on the date of your departure (reasonable fees apply for late departures).

10.2

Requests for an early check-in or a late check-out must be made prior to the date of your arrival. Whilst we will make every effort to accommodate your needs, early check-in or late check-out times are subject to availability and will be agreed at the Hosts discretion.

10.3

If housekeeping is left waiting due to late departure, then a cleaner rescheduling fee may apply and be charged to you. If additional cleaning is required above general cleaning, then a minimum cleaning charge at $250 GST will be charged by us to You (this rate is dependent on Weekend or Public Holiday servicing charges).

10.4

In some circumstances, early check-ins or late check-outs will require you to book and pay for an additional half-day. Half-day bookings are charged at a rate of 50% of the applicable nightly rate for the Property.

11.1

A mandatory cleaning fee will be included in your Booking Fee, the amount of which will be disclosed on the booking page of the Property.

11.2

You agree to leave the Property in a reasonably clean and tidy state upon your departure. In the event that you fail to do so, additional cleaning fees may apply.

12.1

Smoking and vaping inside the Property or in any indoor areas is strictly prohibited. In the event that you or your Guests smoke or vape inside the Property, this will amount to a breach of these Terms.   If smoking or vaping outside, all windows and doors to the Property must be closed and all cigarette butts must be extinguished and placed in the outdoor rubbish bins provided.

13.1

Pets are not permitted unless specified in the Property listing. Approval must be requested in writing before booking. You must provide details of the pet’s breed and age. Approval is at the Host’s discretion and may require additional booking fees, cleaning fees, and a higher security deposit.

13.2

A maximum of two pets are allowed per property if pets are approved.

13.3

Pets must be flea and tick treated and fully up to date on vaccinations before arrival.

13.4

Guests must bring pet bedding. Pets are not permitted on any furniture.

13.5

Guests must clean up after pets, including waste removal. Additional reasonable cleaning fees may apply for removal of fur, stains, odours, waste removal or any pet-related damage.

13.6

Pets must be well behaved. Excessive barking or complaints from neighbours may result in penalties or early termination of your stay.

13.7

Guests are responsible for pet safety. We do not guarantee secure fencing or gates at the Property.

14.1

Unless otherwise required by law, we will not be liable for any loss or damage to your (or your Guests’) personal property during your stay at the Property, except to the extent directly caused or contributed to by us.

14.2

We recommend that you (and all of your Guests) purchase comprehensive travel insurance to cover any loss or damage to personal belongings during your stay.  

15.1

All accommodation that we provide has a strict no party policy. You must not host any function, party, gathering or event at the Property or its grounds, this also includes ‘micro-weddings’.

15.2

If a function, party, or event is held at the Property you will be asked to immediately vacate the Property, and the total Booking Fee will be forfeited and will not be refundable. We may also make any reasonably necessary charges to your Security Deposit to return the Property to the state it was in prior to the function, party, gathering or event.  If you fail to vacate the Property on request, you will be liable for trespass. You will also be liable for any council fines or other reasonable costs incurred by us or the Host in connection with a function, party or event being held at the Property during your booking.

16.1

While we are more than happy for Guests to take photographs and videos for their own personal purposes, any commercial photoshoots at the Property are prohibited unless the Host has provided prior written approval.

16.2

All filming and photography requests must be provided to us prior to booking and will be subject to the Host’s discretion (and any additional fees specified by us from time to time).

16.3

Unless we otherwise agree, commercial use of the Property is strictly prohibited. Failure to obtain our prior consent in relation to commercial photography or videography at the Property will amount to a breach of these Terms.

17.1

Whilst all care and attention is taken by us to ensure the Property is maintained and configured to a high standard and conforms with the descriptions on our website and representations made by us when booking, We are not the owner of the Property and act as agent only for the Host and do not have any direct control over how the Property is presented, maintained, configured or fitted out.

18.1

You must notify us immediately as soon as you become aware of any damage to the Property or its furniture and furnishings.

18.2

In the event that any part of the Property, including all communal and external areas, as well as any furniture, furnishings, appliances or household items are damaged or broken during your stay, an amount equal to the reasonable repair or replacement cost for the damaged goods will be charged to you or deducted from the Security Deposit you have paid.  

18.3

In the event you dispute an amount deducted from the Security Deposit in connection with this clause, you must seek to resolve this matter directly with the Host. If the dispute resolution process results in an adjustment in your favour in connection with the Security Deposit, and we still holds funds on behalf of the Host, we will return the applicable adjusted amount to you, and if we do not hold funds on behalf of the Host, we will direct the Host to pay any such amount to you (or via us as agent).

18.4

You must not remove any item from the Property that does not form part of your own personal belongings. If any items are missing after your departure, the cost of replacement will be charged to you or deducted from the Security Deposit you have paid.

18.5

You must not alter, move or rearrange any furniture, fixtures or fittings in the Property.

18.6

You acknowledge that the Property is someone’s home. You agree that you must not tamper or interfere with any locks or locked spaces or areas marked ‘Private’ within the Property, including but not limited to cupboards and drawers. If any locks, locked spaces or ‘Private’ areas are discovered to have been interfered or tampered with, the cost of any damage caused or call-out required as a result will be deducted from the Security Deposit which has been pre-authorised on your nominated credit card, or otherwise charged to your nominated credit card.

19.1

Repairs and maintenance will be completed within business hours, being 9am to 5pm Monday to Friday, unless we determine ,acting reasonably, that the repairs or maintenance required amounts to an emergency. Please contact us for any emergency maintenance issues such as water leaks on +61 3 9820 1111.

19.2

You permit our staff or contractors of us to enter the Property, with notice, for the purpose to inspect the areas that require repair or maintenance. If urgent we may be required to inspect the home at short notice to assess.

20.1

If you lose or damage the keys to the Property, you will be charged a replacement fee of up to $500 plus GST. You agree and acknowledge that the fee is reasonable for the purpose of replacing lost or damaged keys for the Property in connection with your booking.

20.2

A call-out fee of up to $1,000 plus GST will also apply where we are required to attend at the Property or provide a locksmith. Any applicable key replacement or call out fees will be charged to your nominated credit card or deducted from the Security Deposit you have paid.

21.1

Any booking for the Property is a limited licence to enter the Property only, for the period specified in the booking only (and subject to any early termination of the booking by you or us).

21.2

You agree that regardless of the length of your stay at the Property, you are not a tenant and will have no rights in relation to tenancy.

21.3

The Host retains the right to enter the Property during the booking, to the extent:

21.4

If you stay past checkout, the Host has the right to make you leave in a manner permitted by applicable law, including by imposing reasonable overstay penalties.

22.1

You agree that you are responsible for the behaviour of all Guests or any permitted visitors at the Property during your stay.

22.2

All noise which is audible from outside the Property (including any music) must be turned off by 10pm every day of the week. Excessive noise, including but not limited to loud music and any other disturbance to neighbours is strictly prohibited at all times and may incur council fines. Such fines will be payable by you and will either be charged to you or deducted from your Security Deposit.

22.3

Subject to our discretion, a first warning will be given in the event that a noise complaint is received from neighbours. If a second complaint is received, you will be asked to leave the Property as soon as possible and will not be entitled to a refund for the Bookings Fee that you have paid.

23.1

At all times during your stay, you must strictly comply with all laws and regulations in force in the State of Victoria and any directions, codes of conduct, policies and standards of any Government Agency. 

23.2

If the Property is located in a municipality which has local laws or a code of conduct in respect of short stay rental accommodation, you must strictly comply with such local laws and code of conduct at all times.

23.3

If the Property is located within an owners corporation property which has codes of conduct in respect of the Property or other rules that must be followed by occupants of the Property, you must strictly comply with all codes of conduct and rules at all times.

23.4

You are responsible for payment of any fine received from any Government Agency or owners corporation in respect of a breach of any law, rule or code of conduct during your stay at the Property and we are entitled to charge the amount of such fine to your credit card or deduct it from the Security Deposit that you have paid.    

24.1

We are not liable for any failure to perform any of its obligations under these Terms as a result of any event beyond our reasonable control, including without limitation, where we are not prevented or hindered from delivering or supplying the services as a result of any strikes, lockouts, epidemic, pandemic or quarantine, power or water shortage, accidents or breakdowns of plant, machinery, software, hardware or communication networks. In such circumstances, we may suspend performance of any obligations under these Terms while the event continues. To the extent permitted by law, we will not incur any liability to the you in respect of such suspension.

25.1

In the event that you or one of your Guests breaches any of these Terms, the total loss or damage that we suffer as a result of that breach will be charged to you or deducted from the Security Deposit you have paid.  In the event of breach, we reserve the right to remove you and your Guests from the Property or to refuse future entry onto the Property. 

26.1

You may terminate these Terms for any reason and at any time by sending us an email or deleting any account you have with us. If you elect to terminate these Terms, the cancellation requirements in relation to any existing Booking will continue to apply and this will determine the amount of refund (if any) that you are entitled to receive.

26.2

We may terminate these Terms by giving you 30 days written notice (Termination for Convenience).

26.3

We may suspend your account or terminate these Terms immediately if you:

26.4

Upon expiry or terminate of these Terms:

27.1

Except as specifically set out herein or required by law, any term, condition or warranty in providing the services with due care and skill, which are fit for any specified purpose and within a reasonable or otherwise, is hereby expressly excluded.

27.2

Nothing in these Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Services which cannot be excluded, restricted or modified. If any of these Terms are inconsistent with State or Federal legislation, such Terms must be read down only to the extent necessary to comply with such legislation and will otherwise apply to the fullest extent legally possible.

27.3

To the extent you are a “consumer” under the Australian Consumer Law, the following applies:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

27.4

This clause 27 shall survive termination or expiry of these Terms.

28.1

To the extent permitted by law, you occupy and use the Property at your own risk. You accept that many activities carry inherent risks and agree that, to the maximum extent permitted by law, you assume this risk except to the extent such risk is caused directly by our breach of these Terms, our negligence or our wilful misconduct.

28.2

Except to the extent required by law, neither party is liable to the other party for any indirect or consequential losses or expenses suffered by the other party or any third party, howsoever caused arising from the supply of the Services or in connection with the Property, including but not limited to loss of turnover, profits, business or goodwill, lost flights, accommodation, travel or otherwise.

28.3

A party’s liability will be reduced proportionately to the extent caused or contributed to by the other party. The claiming party will use reasonable endeavours to mitigate any loss or damage suffered in connection with the claim.  

28.4

Notwithstanding anything to the contrary and to the maximum extent permitted by law, we will not be liable to you or your Guests for any liability in connection with the following that has been caused or contributed to by:

except to the extent caused or contributed by us.

28.5

This clause 28 shall survive termination or expiry of these Terms.

29.1

These Terms governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

29.2

This clause shall survive termination or expiry of these Terms.

29.3

If any part of these Terms is held to be invalid or unenforceable in any way, the remaining provisions will not be affected and remain in full force.

29.4

We assume no responsibility for the condition or content on a third party website that may be linked to or accessed via our website. It is your responsibility to review the terms and conditions and the content on the third party website.

30.1

Booking Fee means the total cost for your stay at the Property and includes all cleaning and additional fees notified at the time of booking and any applicable GST. 

30.2

Government Agency means any government or any public, statutory, governmental, semi-governmental, local governmental or judicial body, entity or authority and includes a Minister of the Crown (in any right), and any person, body, entity, or authority exercising a power pursuant to any law. 

30.3

GST has the meaning prescribed by the GST Act.

30.4

GST Act means the A New Tax System (Goods and Services Tax) Act 1999.

30.5

We assume no responsibility for the condition or content on a third party website that may be linked to or accessed via our website. It is your responsibility to review the terms and conditions and the content on the third party website.

30.6

Guests means you and any person who accompanies you during your stay at the Property and who has been notified to us prior to your stay.

30.7

Property means the property in relation to which you have made a booking pursuant to these Terms and Conditions.  

30.8

Terms means these Terms and Conditions.

30.9

Services means the services described in these Terms that will be provided by us.  

30.10

Security Deposit means the amount payable by you, as specified in the booking confirmation, paid as a guarantee against potential losses, damages or non-performance of your obligations under these Terms.

30.11

we, us and our means Kay & Burton Luxury Stays Pty Ltd ACN 686 154 290, trading as Kay & Burton Luxury Stays.

30.12

you, your and Primary Guest means the person named in the booking information provided to us. 

31.1

 If you have any queries in relation to these Terms, please do not hesitate to contact us on luxurystays@kayburton.com.au.