Effective Date: 01/10/2020
The Product is owned and operated by: Silvermere Coastal Retreat
We are committed to the protection of Your privacy while You use the Product.
“Company IP” includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Website, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.
“Content” means any content, writing, images, audiovisual content or other information published on the Product.
“Items” means any and all of the Product, Services, Content and Materials collectively.
“Materials” means any materials, information or documentation that We may provide to You in connection with Your use of the Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of the Services or Product.
“Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively.
“Personal Information” means information that we obtain from You in connection with Your use of the Product.
“Product” means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at: www.silvermerecr.com.au
“Services” means any or all services provided by or on the Product.
“Third Party Links” means links or references to websites other than the Website, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.
“Third Party Service Provider” means a third party, separate from Us or Our company but which provides services that assist Us in serving You. This may include but is not restricted to web hosting, IT services, security services, payment processing, deliveries, customer service, order fulfilment or other services.
“Us”, “We”, “Our” or “the Owner” refers to Silvermere Coastal Retreat
“Us”, “We”, “Our” or “the Owner” also includes any employees, affiliates, agents or other representatives of Silvermere Coastal Retreat
“You” or “Your” refers to the user of the Website.
“Your Content” means any Content posted to or added to the Website, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
I. Words referring to one gender include every other gender.
II. Words referring to a singular number include the plural, and words referring to a plural include the singular.
III. Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.
VI. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
3. TYPE OF INFORMATION AND HOW IT IS COLLECTED
a. When You use the Product, We may collect information from You through automatic tracking systems (such as information about your browsing preferences).
b. In addition, We may collect information that You volunteer to Us (such as information that You provide during a sign up process or at other times while using the Product).
c. In order to access all of the features of the Product, You are required to register as a user. During the registration process, We collect some of Your Personal Information, in the following manner:
I. We will not collect information that identifies You personally, except when You specifically volunteer that information to Us.
II. The information that We will collect from You at registration includes:
Name, address and contact number
d. In order to access some specific features of the Product, You are required to provide some Personal Information. During this process, We collect some of Your Personal Information, in the following manner:
I. We will not collect information that identifies You personally, except when You specifically volunteer that information to Us when using specific Product features. These specific Product features might include, but are not limited to:
A. making purchases
B. receiving notifications by text message or email about events and promotions
C. receiving general emails from Us
D. commenting on Our content such as blogs, articles, photographs or videos, or participating in Our forums, bulletin boards, chat rooms or other similar features
E. Participate in competitions and surveys
II. In addition to any Personal Information that You are required to provide in order to access these additional Product features, in some cases You may be required to provide more specific information. For example, in order to make purchases, You may need to provide credit card information, billing information and postal addresses.
e. From time to time We may request information from You to assist Us in improving Our Product, Services, Content or Materials. For example, We may ask You to answer some questions about Your demographics, Your shopping preferences, or Your other preferences in relation to the Product.
a. Cookies are small files stored on Your computer or mobile device which collect information about Your browsing behaviour.
b. Cookies do not access information which is stored on Your computer.
c. Cookies enable us to tailor our configurations to Your needs and preferences, in order to improve Your user experience.
d. Most internet browsers accept cookies automatically, although You are able to change Your browser settings to control cookies, including whether or not You accept them, and how to remove them. You may also be able to set Your browser to advise You if You receive a cookie, or to block or delete cookies. However, if You do this, You may be prevented from taking full advantage of the Product.
5. HOW YOUR INFORMATION IS STORED
a. Please note that no systems involving the transmission of information via the internet, or the electronic storage of data, are completely secure. However, we take the protection and storage of Your Personal Information very seriously. We take all reasonable steps to protect Your Personal Information.
b. We use appropriate physical, digital, managerial and security systems to store Your Personal Information and to protect it against unauthorised access, destruction or disclosure. These systems include but are not limited to:
Access of personal information will only be access by the directors and audits will be conducted regularly.
6. THIRD PARTIES
a. We may provide some of Your Personal Information from time to time to Third Party Service Providers so that they can help us to serve You via the Product. In particular, We may use Third Party Service Providers to assist with information storage (such as cloud storage).
b. We may provide some of Your Personal Information to Third Party Service Providers for the purpose of analysing data or tracking usage. For example, We may use these services to find out where page requests come from, dates and times of page requests, details of any website that referred You to the Product and other details about Your usage of the Product. This information enables Us to understand patterns of usage of the Product, and to improve the Product.
c. We may use Third Party Service Providers to host the Product. If this occurs, that Third Party Service Provider is likely to have access to some of Your Personal Information.
e. Your Personal Information will not be sold or otherwise transferred to other third parties without Your approval.
g. We may also share Your Personal Information with the following third parties:
7. COMBINING INFORMATION
a. We may combine, link or aggregate some of Your information in order to obtain a better understanding of Your requirements. This may enable Us to better design the Product and may also assist with Our business or administration requirements.
8. HOW YOUR INFORMATION IS USED
a. We use Your Personal Information to help us improve your experience with Our Product. We may use Your Personal Information for purposes including but not limited to:
I. order fulfilment.
II. providing customer service to You.
III. marketing and advertising to You including both direct and indirect marketing and advertising and including marketing and advertising about products that may interest You based on Your personal preferences or demographics.
IV. advising You about updates to the Product or related Items.
V. Market research.
9. MERGER, RESTRUCTURE OR SALE OF OUR BUSINESS
a. Part or all of Our business may be merged, restructured or sold including but not limited to through an ordinary sale of business or of stock, a corporate reorganisation, a change in control, bankruptcy or insolvency proceedings.
b. In the event that such a merger, restructure or sale occurs as described in the preceding sub-clause hereof, We may transfer Your Personal Information, including personally identifiable information, as part of that merger, restructure or sale.
10. INFORMATION YOU RELEASE
You acknowledge and agree that if You publish or submit Personal Information in publicly accessible sections of the Product (such as forums, bulletin boards, chat rooms, or other similar sections), then You are solely responsible for the release of that Personal Information and We are not liable or responsible in relation to the release of that Personal Information.
11. EMAIL OPT IN/OUT
12. ACCESSING, UPDATING AND CORRECTING YOUR PERSONAL INFORMATION
a. You have the right to request access to any of Your Personal Information which We are holding.
b. You have the right to request that any of Your Personal Information which We are holding be updated or corrected.
13. DISCLAIMER REGARDING SECURITY
14. CHANGES TO THIS POLICY
a. We take customer satisfaction very seriously. If You have a complaint in relation to Our handling of Your Personal Information, We will endeavour to handle it promptly and fairly. For Your information, an overview of Our complaints handling procedure is as follows:
I. Complaints are reviewed within 7 days. After period, we may contact you to request further information. If we accept fault then we will propose a resolution. In any case, we aim to provide a response within 21 days.
II. If You have a complaint in relation to Our handling of Your Personal Information, You should use the following procedure to lodge Your complaint with Us:
Email us at firstname.lastname@example.org. Describe the nature of your complaint including any relevant dates, people involved, any consequences that have occurred, and what you believe should be done.
III. If You are not satisfied with Our response to Your complaint, You may refer your complaint to the relevant external dispute resolution organisation in Your area.
16. CONTACT US
Elizabeth Cooper (Director)
A: 72 Silvermere Street, Culburra Beach NSW 2045
Terms & Conditions
SHORT TERM LICENCE TO USE PROPERTY
Silvermere Coastal Retreat
72 Silvermere Street
Culburra Beach NSW 2045
Welcome to our Property. We are glad to have you staying with us and we hope you enjoy your stay. Please read this document, which sets out the rules for your use of the Property and forms the basis of your agreement with us.
The Property is owned and/or operated by the following landlord (“the Landlord”): ELIZABETH COOPER
The Property is managed by the following manager (“the Manager”): ELIZABETH COOPER
The contact details for the Manager are:
72 Silvermere Street
Culburra Beach NSW 2065
This Agreement is between You and the Landlord.
(1) LICENCE TO USE PROPERTY
In consideration of the mutual benefits and obligations described in this Agreement, the receipt of which and the sufficiency of which are hereby acknowledged, the Landlord and the Guest hereby agree as follows:
(a) Subject to the terms of this Agreement, the Landlord grants the Guest a licence to use the Property, on the terms of this Agreement.
(b) Nothing in this Agreement prevents the Landlord from entering the Property at any time.
In this Agreement, the following definitions apply:
“Accommodation Fee” means the amount that the Guest is required to pay for the use of the Property, such amount being described in this Agreement or as specified by the Landlord.
“ACL” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).
“Agreement” means this Short Term Rental Agreement.
“Agreement Date” means the date that the Guest makes the Booking or otherwise indicates the Guest’s acceptance of the terms of this Agreement.
“Booking” means the booking made by the Guest to stay at the Property in accordance with this Agreement.
“Arrival Date” means the first date that the Guest is entitled under this Agreement to stay at the Property.
“Booking Term” means the period of time that the Guest is entitled to use the Property, subject to the terms of this Agreement, from the check-in time until the check-out time.
“Departure Date” means the final date that the Guest is entitled under this Agreement to stay at the Property.
“Guest”, “Guests”, “You” or “Your” refers to the person making the Booking, and to all members of the Party that are staying at the Property under that Booking.
“Items” means the chattels and other items which the Landlord provides with the Property, including all carpets, floor coverings, doors, walls, windows, furniture, equipment, bedding, linen, towels, kitchen equipment, crockery, glasses, plates, white goods, electrical equipment, keys, key cards, remote controls and any other items at the Property.
“Landlord” means ELIZABETH COOPER
“Party” means either the Guest or the Landlord.
“Property” means the following property:
Silvermere Coastal Retreat
72 Silvermere Street
Culburra Beach NSW 2045
“Reservation Date” means the date that the Booking was made.
“Us”, “We” or “Our” refers to the Landlord.
In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:
(a) Words referring to one gender include every other gender.
(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.
(c) Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.
(d) Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.
(e) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it.
(f) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
(g) All references in this Agreement to sums of money are references to Australian dollars.
(a) The Booking will be confirmed upon communication from the Landlord to the Guest that the Booking has been accepted.
(b) The Booking will not be confirmed until:
(I) the Landlord has received payment of the Accommodation Fee in full; and
(II) the Landlord has received payment of the Security Bond in full; and
(III) the Guest has validly agreed to the terms of this Agreement in the manner prescribed by the Landlord.
(c) Once the Booking has been confirmed, the Landlord grants the Guest a licence to use the Property, subject to the terms of this Agreement.
(5) SECURITY BOND
(a) The Guest must pay a security bond “the Security Bond” in the amount of $500 Australian dollars.
(b) The Security Bond must be paid in full by the following time:
At the time the booking is made
(c) The Security Bond will be held until the termination or expiration of this Agreement.
(d) In the event that the Guest breaches a term of this Agreement, the Security Bond may be forfeited to the Landlord. The Landlord will determine, in the Landlord’s sole discretion, whether or not to return some or all of the Security Bond to the Guest.
(e) In the event that the Property is damaged, the Landlord may retain the Security Bond until such time as the damage can be assessed and/or repaired. Once the Landlord has determined the cost of repairs, any balance Security Bond which is not required to pay for repairs, may be returned to the Guest.
(f) Nothing in this Agreement prevents the Landlord from claiming additional compensation (in addition to the amount of the Security Bond) from the Guest in relation to any breach of this Agreement or in relation to any damage to the Property.
(g) The Guest hereby acknowledges and agrees that the Guest may be liable to the Landlord for any loss or damage that the Landlord suffers as a result of the Guest’s use of the Property, and that this liability is not limited to the amount of the Security Bond.
(6) PAYMENT FOR BOOKING
(a) In consideration for the Landlord allowing the Guest to use the Property in accordance with this Agreement, the Guest must pay the Accommodation Fee as specified by the Landlord.
(b) The Accommodation Fee must be paid in full at the time of booking.
(7) BOOKING DATES
The Arrival Date and Departure Date for the Booking may be recorded elsewhere (for example in a booking confirmation email) and are as agreed between the Landlord and the Guest.
Guests may check-in to the Property from the following time on the Arrival Date: 3:00pm
(a) Guests must check-out of the Property by the following time on the Departure Date (“the Check-Out Time”): 10:00am
(b) In the event that Guests do not vacate the Property by the Check-Out Time, the Landlord may charge a late check-out fee in such amount as is prescribed by the Landlord from time to time.
(10) CLEANING FEE
(a) In addition to the Accommodation Fee, the Guest must pay a fee for cleaning of the Property (“Cleaning Fee”) which will be determined as follows:
A $150 cleaning fee will be charged for each stay. If guest request cleaning, they will need to cover the cost of $150.
(b) Nothing in this Agreement prevents the Landlord from claiming additional costs from the Guest in the event that the Cleaning Fee is insufficient to cover the costs of cleaning and/or repairs which have been necessitated by the Guest.
(11) CANCELLATION BY GUEST
(a) In order to cancel a Booking, the Guest must contact the Landlord in the following way:
(b) For any Bookings which are cancelled within 2 days of the Arrival Date, the following procedure will apply:
Guest can cancel anytime up to 48 prior to their arrival and will get a full refund. After 48 hours the guest will forfeit 50% of the booking.
(12) CANCELLATION BY LANDLORD
In the unlikely event that the Landlord has to cancel or alter the Booking (for example, due to fire or other damage to the Property), the Landlord will:
(a) advise the Guest at the earliest opportunity about the cancellation or alteration of the Booking; and
(b) make all reasonable efforts to accommodate the Guest, on terms that are acceptable to the the Guest, in any other rental property that the Landlord owns or controls, or on any other dates that the Property may be available; and
(c) if the Landlord is unable to accomodate the Guest in accordance with the preceding sub-clause hereof, then the Landlord will refund to the Guest any money which the Guest has paid to the Landlord under this Agreement, including any Accommodation Fee, any Deposit, and any Security Bond.
(13) NUMBER OF GUESTS
The maximum number of persons who may occupy the Property is 7.
Children are permitted on the Property, however Guests are responsible for the actions of any and all children in their group, and must take all reasonable steps to ensure that the children comply with the Guest’s obligations under this Agreement.
(15) NO SMOKING
Smoking is strictly prohibited inside the Property.
(16) NO NUISANCE
(a) Guests must not do anything which may be reasonably considered to cause a nuisance or annoyance, whether to the Landlord or to anybody else.
(b) In the event that Guests cause an unreasonable nuisance or annoyance, that police are called in relation to a nuisance or annoyance that is caused by the Guests, or complaints are otherwise made about a nuisance or annoyance which is caused by the Guests, the Landlord reserves the right to immediately terminate this Agreement and upon such termination the Guests will have to vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Landlord under this Agreement.
(a) Guests must consider neighbours and any other persons within proximity of the Property and must not create excessive noise, whether by loud music or otherwise.
(b) In the event that neighbours or other persons are disturbed by excessive noise, police are called for excessive noise, or complaints are otherwise made about excessive noise which is caused by the Guests, the Landlord reserves the right to immediately terminate this Agreement and upon such termination the Guests will have to vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Landlord under this Agreement.
The following curfew applies to Guests and their invitees or other occupants:
No music or loud noises after 12am to 7am
(19) PROPERTY USE
(a) The Property may be used for short term residential accommodation.
(b) The Property may not be used for any parties, gatherings, weddings or other functions.
(c) The Property may not be used for any commercial purposes or other events.
(d) The Property may not be used for any other purposes without the Landlord’s express written permission.
(20) CONDITION OF THE PROPERTY
(a) Guests must leave the Property including all carpets, floor coverings, doors, walls, windows, furniture, equipment, bedding, linen, towels, kitchen equipment, crockery, glasses, plates, white goods, electrical equipment, keys, key cards, remote controls and any other items at the Property (“Items”) in a clean, neat and tidy condition.
(b) Guests must not damage the Property and must not damage, remove or lose any Items.
(c) Guests must immediately notify the Landlord of any issues with or damage or loss to the Property or any Items.
(d) Before vacating the Property, Guests must clean any dishes, remove any food from refrigerators and deal with rubbish as directed by the Landlord, either by placing it in bins provided or by removing it from the Property.
(e) The Guests hereby acknowledge and agree that the Cleaning Fee provided for in this Agreement is a nominal cleaning fee which may not cover all of the Landlord’s costs in the event that the Guests do not leave the Property in a clean, neat and tidy condition as required by this clause.
(f) The Guests hereby acknowledge and agree that in the event that the Guests do not leave the Property in a clean, neat and tidy condition as required by this clause, or in the event that the Guests damage the Property or damage, remove or lose any Items, the Landlord may charge an additional fee (in addition to the Accommodation Fee, the Cleaning Fee and any other fees provided under this Agreement).
(a) Guests must take all reasonable and necessary steps to safeguard the Guests’ personal property.
(b) The Guests and/or any other occupants or invitees of the Guests use the Property at their own risk.
(c) Guests must exercise due care at and around the Property including, without limitation, observing any safety directions, instructions or signage and looking out for the safety and wellbeing of themselves, all other Guests, all invitees and occupants of the Property or any other persons.
(d) The Guests hereby acknowledge and agree that to the maximum extent permitted by law, the Landlord will not be held liable for any loss, injury, or any loss or damage to property (“Loss”) which the Guests and/or any other occupants or invitees of the Guests or any other persons may suffer in connection with the Guests’ use of the Property, unless that Loss is caused by the Landlord’s negligence.
(e) The Guests may have certain rights under the Australian Consumer Law (“ACL”), or under other similar or related consumer protection laws.
(f) The ACL (or any other similar or related consumer protection laws) may give the Guests certain rights, warranties, guarantees and remedies regarding the provision of services by the Landlord, which cannot be excluded, modified or restricted by the Landlord (“Statutory Rights”).
(g) The Landlord’s liability to the Guests is governed solely by any applicable laws (such as the ACL and any other similar or related consumer protection laws) and by this Agreement.
(h) To the maximum extent permitted by law, the Landlord excludes all conditions and warranties implied by custom, law or statute, except for the Guests’ Statutory Rights, and the Landlord expressly disclaims all warranties of any kind.
(i) The Guests hereby agree that the Guests are solely responsible for determining whether the Property is fit for the Guests’ purpose.
(j) When the Guests’ Statutory Rights apply, to the maximum extent possible, the Landlord’s liability in respect of any claim is limited to, at the Landlord’s option:
(I) the supply of the Booking again; or
(II) the payment of the cost of having the Booking supplied again
(k) The Landlord’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(l) This clause will survive termination, expiration or completion of this Agreement.
(a) The Guests hereby indemnify and keep indemnified the Landlord and any of the Landlord’s employees, agents, subcontractors, representatives or affiliates (each hereinafter being referred to as an “Indemnified Party”) against any and all loss, damage, claim, demand or liability whatsoever (whether criminal or civil) and any and all legal and other fees and costs incurred by the Landlord resulting from:
(I) the Guests’ use of the Property or anything provided under this Agreement;
(II) any transaction, contract, event or matter arising from or connected with the Guests’ use of the Property; or
(III) the relationship between the Landlord and the Guests.
(b) The Guests shall not be liable under the indemnity given under this clause where a court of competent jurisdiction, giving a final judgment, holds that any loss, damage or liability is the result of the gross negligence, wilful misconduct or bad faith of an Indemnified Party.
(c) This clause will survive the termination or expiration of this Agreement.
The Guests hereby warrant that they will compensate the Landlord for any harm, loss or damage which the Landlord suffers as a result of the actions of the Guests, or of any invitees of the Guests and/or of any other occupants of the Property. This includes but is not limited to harm, loss or damage to the Property or to the Items, or any lost income which the Landlord suffers as a result of being unable to provide the Property to subsequent guests.
(24) PROBLEMS WITH THE PROPERTY
(a) In the event that there is a problem with the Property, Guests should contact the Manager on 419714429.
(b) Guests will not be entitled to a refund in the event that there are problems with the Property including but not limited to problems with television, stereo, fridge, wifi, other appliances, plumbing, electrical systems, or lights.
(a) Any breach or anticipated breach by the Guests of any of the terms of this Agreement will permit the Landlord to enter the Property, to cancel or alter the Booking and/or to remove the Guests from the Property.
(b) In the event that a Booking is cancelled or the Guests are removed from the Property, the Guests will not be entitled to a refund of any money paid under this Agreement.
(26) ADDITIONAL RULES
In addition to the rules set out elsewhere in this Agreement, the following rules apply to the Property and the Guests:
Guest may use the fire pit however must check for any fire bans. Any fire bans that are infringements as a result of a breach will be on the guest to pay.
Any damages need to be covered by the guest.
All guest that bring a pet my adhere to the pet rules or will forfeit their bond.
(27) APPLICABLE LAW
This Agreement is subject to the laws of New South Wales and each Party submits to the jurisdiction of the courts of New South Wales.
If any clause or sub-clause of this Agreement is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances the remaining provisions of this Agreement shall continue in full force and effect.
(29) SURVIVAL OF OBLIGATIONS
At the termination or expiration or Completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which explicitly state that they will survive termination or expiration.
(30) PAYMENT INSTRUCTIONS
Payment of any amounts under this Agreement may be made in the following manner:
(31) RESPONSIBLE ADULT
(a) The person who enters this Agreement as the Guest will be nominated as the primary point of contact and the person responsible for managing the Booking on behalf of all of the Guests (“the Responsible Adult”).
(b) The Responsible Adult warrants that he or she is at least 18 years of age.
(c) The Responsible Adult warrants that he or she is authorised to enter this Agreement on behalf of all of the Guests that the Booking relates to.
(d) The Responsible Adult warrants that the information he or she has provided to the Landlord is accurate and complete, including but not limited to the information that the Landlord has provided about the number of additional Guests that will be staying at the Property, and the names of all other Guests.
(e) The Responsible Adult must ensure that all of the Guests as well as any invitees of the Guests, and any persons who occupy or attend the Property during the Booking Term or for any part of the Booking Term, understand and agree to this Agreement, and comply with all of the Guest’s obligations under this Agreement.
By making a Booking to stay at the Property the person making the Booking confirms that all Guests have had the opportunity to read and understand the terms of this Agreement and they agree to be bound by this Agreement.