Terms and Conditions

Booking Terms and Conditions

Booking Terms and Conditions for the BALLINA BEACH VILLAGE.

1. DEPOSIT AND BALANCE OF PAYMENT

Your initial deposit of 50% is due at the time of booking unless your booking iswithin 60 days of a peak period booking. Your payment may be by direct deposit or by credit card (a 3.5% merchants fee charge will be added). If the total of your booking is under $600 then the total amount is due at the time of booking.

1.1 FOR PEAK PERIOD BOOKINGS (i.e. school holidays, special events and long weekends).

Balance of the accommodation must be received at least 60 days prior to check-in for peak period bookings. Failure to finalise the accommodation payment within the 60-day check in period, will be seen as a cancellation by you, with full loss of deposited monies, unless otherwise agreed to by BALLINA BEACH VILLAGE. If the full amount of the accommodation for the peak period booking is $600 or under, then the full amount is due and payable at the time of booking.

1.2 FOR NON PEAK PERIOD BOOKINGS (i.e. non school holidays and outside of special events and long weekends).

A 50% deposit must be paid for at the time of booking. The balance must be paid for one week prior to check in. No cancellations will be accepted or refunds given within 24 hours of check in. If the total amount of the accommodation is under $300, then the full amount is due at the time of booking.

1.3 FULL PAYMENT REQUIRED PRIOR TO CHECK IN

No guest will be allowed onto the premises without the full amount of the accommodation having been paid prior to check in.

2. ARRIVING, CHECK IN/OUT, AFTER HOURS, KEY PICK UP

Check in time is 2pm. Check out is strictly 10am as cleaners will be arriving. If you are arriving early please discuss this with us before arrival. If you are arriving later than 5pm at night, please make special arrangements for key pick up by phoning the office on 0266863347.

The balance of your accommodation and your BOND must be paid on, or prior to, your arrival for your keys to be made available.

Please be aware that if you do not check out by 10am a late checkout fee of $60 ormore may be charged per hour after the check out time of 10am. This will be to cover the costs of the cleaners who are paid by the hour and kept waiting for your departure. Please make sure all garbage is in the bin provided and theproperty is neat and tidy before leaving.

A permitted late checkout is sometimes possible, however, you will need to discuss this with us at least one day PRIOR to check in and NOT ON THE DAY OF CHECK OUT. Please ensure all lights, fans and AC’s are off and that windows are shut.

Keys: On check out, all keys must be left at the office or in the key drop box.

Missing keys will be charged to your credit card at a rate of $50 per key replacement cost.

3. SECURITY DEPOSIT and BEHAVIOUR BOND

In some instances guests and special groups staying at the BALLINA BEACH VILLAGE will be required to pay Security Deposit and Behaviour Bond (the “Bond”).

This Bond relates to any missing or damaged items, general cleanliness of the property and excessive noise or other anti-social behaviour that may lead to complaints and/or eviction.

Please read this carefully and remain fully informed so that you do not lose part or all of your Bond. Please ensure that you adhere to all the Terms and Conditions.

3.1 Bond Charges and Refunds

Bond amounts will in general be: $500 – 4 people; $1,000 – 6 people; $1,800 – 8 people, $2,000 for 10 people.

No guest will be allowed to check in until all outstanding monies are paid, and the Bond is held either against an approved credit card with a current viable balance or with cash in full.

Multiple credit cards may be supplied to cover the Bond.

In any event, whether a Bond has been paid or not, guests authorise the charging of their Credit Card for any such expenses (i.e. extra cleaning, cost of damages, noise fines, charges for extra guests or agents time) when they authorise payment for their accommodation.

The Bond less any charges will be returned within two weeks of check out (if not sooner), and after a thorough inspection of the premises. Any damage, breakages, excessive cleaning etc will be billed against the Bond. It is expected that the property you rent will be in a clean and tidy condition on check out. All rubbish must be picked up and removed.

If the Bond payment is processed by credit card it will then be refunded back to the same credit card within 10 days of departure. Or, if cash is paid, thenwithin 2 weeks of check out the Bond will be electronically transferred back to the account that you nominate to us.

PLEASE NOTE: IF A SECURITY BOND CLAIM EXCEEDS THE BOND HELD, BALLINA BEACH VILLAGE RESERVES THE RIGHT TO DEBIT MONIES OWED FROM THE GUESTS CREDIT CARD OR TO SEEK ANOTHER FORM OF PAYMENT FROM THE GUEST. In the event that such payment is not forthcoming, then this will become a Small Claims Debt and be processed andpursued accordingly.

3.2 Behaviour and Noise

Remember your accommodation is in a residential/holiday village area and it is important to respect the rights of others to have the quiet enjoyment of their own properties that they have rented for their holidays. That means NO NOISE to be audiblebetween 10pm and 8am and only REASONABLE NOISE at any other time. Noise means any sound that can be heard from neighbouring properties.

No noise is to be made entering or leaving the premises or while in the surrounding areas after 10pm at night.

NO PARTIES or DISTURBANCES are permitted at any time. A ‘party’ in respect of this agreement means a noisy gathering of either the registered guests, or otherpeople, and is strictly forbidden at all times of the holiday rental agreement.

4. NO OTHER GUESTS ALLOWED WITH OUT EXPRESS PERMISSION

Please note that there are to be no other people who aren’t listed on the rental booking agreement on the property at any time or for any purpose during theaccommodation rental period, WHETHER OR NOT these guests are temporary or for the duration of the booking.

5. CLEANING

While guests are not expected to clean the premises prior to check out, we do askthat you pick up all rubbish and bag it, and put it in the appropriate external garbage bins, and check thoroughly to ensure that you haven’t left any items behind, ensure that the BBQ has had a quick once over (please don’t leave food on it as this is a health hazard and becomes fly blown) and generally leave the premises in a neat and tidy condition ready to be cleaned.

In particular all perishable rubbish is to be securely bagged and deposited in the external garbage bins.

Please ensure that the exterior is free of cigarette butts, beer caps, broken glass and dog droppings – otherwise you will be charged for this extra cleaning service.

Please also ensure that pots and pans, and crockery and cutlery are cleaned as found on arrival prior to the arrival of the housecleaners.

In any event, guests are responsible for missing or damaged items and cleaningexpenses beyond the usual level for the property and will be charged accordingly. Extra cleaning charges will be at the rate of $60 per hour over and above the normal cleaning period. In the event of extra costs relating to damages and/or extra cleaning charges, BALLINA BEACH VILLAGE may also charge for the agent’s time in MANAGING the rectification of such damage/replacements and or other time spent on any issue at a cost of $70 per hour. All such cleaning related costs will be deducted from the Bond.

6. EXTRA CHARGES

In the event that there is a disturbance or complaint of noise at the premisesrequiring the attendance of security, police or the manager or that guests fail to vacate the property at the required time, a charge will be levied against any and all such credit cards that have been provided to us for payment andsecurity bond purporses.

In the event of a disturbance (noise or behaviour) the cost will be $200 per security attendance, and in the event of failure to vacate on time the costwill be $60 per hour.

With regard to property from the rental premises being lost AND/OR stolen or damaged property, such costs involved in repairing, replacing or refurbishing such items will be charged against the bond and an administration fee to manage such replacement/repair will be charged.

Extra charges will be levied for such things as

- key replacement $50

- key safe replacement $200

- extra cleaning $60 per hour

- re-sanitisation costs due to vomit or excreta – $250

- dog dropping pick up – $60

- delay to access to property $60 per hour.

- remote control replacement $150

- towels and or any other linen at cost plus 50%

- other costs as they arise for replacement or repair of items at cost plus 50%

7. BEHAVIOUR OCCASSIONING POLICE, SECURITY and/or COUNCIL PRESENCE

In the event of Police or security being called to your cabin, for any unlawful activity or any activity deemed as aggressive, disturbing or annoying to neighbours, this will be deemed as breaking the booking terms and conditions, and immediate eviction will ensue.

IN PARTICULAR we note that the Police or onsite security attending for domestic violence incidents, for drug or alcohol related incidents or to issue a noise abatement notice will be construed as breaching the Terms and Conditions of the booking, and will cause immediate eviction of all guests relating to that booking, without any recourse to appeal or negotiation and with the full loss of the Bond.

PLEASE NOTE we do not use a warning system at the Ballina Beach Village, we operate with a ZERO tolerance for parties, offensive, drugged or drunken behaviour.

8. SPECIAL INTEREST GROUPS

For Special Interest Groups (such as schoolies, university student groups, football or other sporting groups, or large groups of singles), the Bond will be up to $3,500.

Special Interest Groups may be subject to additional conditions and amendments of these Terms and Conditions which will be advised at the time of booking.

If you would like further clarification regarding this issue please ask us forfurther information.

9. CANCELLATIONS – (may be different for Special Interest Groups)

These conditions apply to cancelled or partially cancelled bookings.

a) If the cancellation is MORE THAN 60 days prior to arrival – a booking cancellation administration fee of up to $200 or 50% of the monies taken will be charged and is entirely at the discretion of BALLINA BEACH VILLAGE.

b) If the cancellation is within 60 days OR LESS of arrival – all funds paid will be retained at the discretion of BALLINA BEACH VILLAGE.

c) CHANGES TO DATE OF BOOKINGS – First change $60, subsequent changes $100 each provided these changes are made more than 14 days before check in and are not part of a special group booking.

d) An administration fee of $100 will be charged on all cancellations, irrespective of refunds if during the approved refund period.

10. NUMBER OF PERSONS

The number of persons specified on your booking confirmation form is to be the maximum number staying. Any increase in numbers must be agreed to by BALLINA BEACH VILLAGE in advance. BALLINA BEACH VILLAGE reserves the right to charge extra if there are more people at the property than agreed at thetime of booking. In some cases, you may also be evicted if it is found thatmore people than agreed are staying at the property you rented. You will becharged for those extra guests and those monies taken from your bond or your credit card that you lodged for the bond.

11. EVICTION FOR BREAKING TERMS and CONDITIONS.

While it is rare, tenants breaking any of these TERMS and CONDITIONS (such as noise, extra people, damage, illegal activities, rude, aggressive or threatening behaviour) may be evicted from premises without refund of their accommodation fees, security deposits and without any notice at the absolute discretion of BALLINA BEACH VILLAGE or its agents. You should also be warned that in the event of an eviction, other accommodation providers in the area will be notified that your group has been evicted.

12. PET FRIENDLY ACCOMMODATION

We welcome our guests travelling with pets. However, you must notify us that you are travelling with a pet, and adhere to these strict conditions:-

  • Dogs and cats must not be allowed to bark or meow, or in any other way cause disturbance to other neighbours or guests;
  • Dogs must at all times when outside of the rented premises and on common property be on a leash;
  • A security or noise call out for a barking/meowing animal will occasion a $200 noise fine which will be deducted from the bond.
  • In the event that the noise problem continues with a barking dog, then the owners will have to leave without notice, no refunds will be given;
  • All dog and cat droppings must be picked up prior to leaving.
  • If the dog or cat causes any sort of damage then the costs of replacement or repair will be taken from the bond;
  • Certain breeds are not allowed on site in particular pit bulls and American Staffies.
  • Aggressive dogs are not welcome no matter what their breed. You will be required to leave without refund of your accommodation in the event that your dog is any way aggressive or threatening to other animals, local wildlife, children or people.

PETS ARE ONLY ALLOWED WHEN SPECIFICALLY AGREED WITH BALLINA BEACH VILLAGE. Animals must be treated for fleas before arrival and have their own bed or blanket. Please clean up after your pets or a further dog dropping pick up fee of $40 will apply. Please fill out the details of your pet at the information section on the check in form.

Please view our page on Pet Friendly Accommodation

13. ACTIONS OF OWNERS / INTERPRETATION / MIS-UNDERSTANDINGS / TRAVEL INSURANCE

We aim to make your holiday experience as pleasant as possible. However we cannot be held responsible for the actions of third parties outside of our control, especially in relation to but not limited to such things as flight or travel delays or changes, sale of the property, changes to laws, damage to property requiring unexpected repairs and other such events which may cause the property to be unexpectedly unavailable or for you to be unexpectedly delayed.

We are also not responsible for any interpretation or misunderstanding about the premises booked and our cancellation policy will apply. Before you book, we suggest you review the property you are booking by looking at the photos on the website. Every effort is made to ensure that information displayed on this website is correct. Information and rates on BALLINA BEACH VILLAGE websites are subject to change without notice. Property room photos may not be of the actual room allocated. Photos are indicative only. Accommodation facilitieslisted may not apply to all room types.

We recommend you take out travel Insurance to cover all possibilities.

14. QUOTES RESERVATIONS / ACCEPTANCE / FUNDS PAID TO TRAVEL AGENTS

Quotes and reservations are subject to availability and actual pricing at the time of booking. Quotes are valid for seven (7) days. Verbal quotes are only an estimate, subject to written advice on confirmation from our booking desk. Our company bears no responsibility for monies paid via travel agents until cleared funds are received by BALLINA BEACH VILLAGE.

15. PAYMENT OPTIONS

Payments accepted include credit cards (Visa, MasterCard and Bankcard only), AUD and bank transfer (allow 5 working days transaction time). Prices quoted are in AUD and all payments must be made in AUD. For overseas transfers of monies (i.e. return of funds to an overseas account) the cost of the international transfer will be deducted from the refund monies. If you are booking from overseas, we highly recommend that you pay by credit card. In the event of a refund, it is mucheasier to refund on a credit card than doing an international transfer, which is very lengthy time wise and costly to the client.

16. RATES, CHANGES, MINIMUM NIGHT STAYS.

Prices and conditions are correct when created, but are subject to change without notice. Prices listed are in Australian Dollars and are inclusive of GST where applicable. The price of your holiday cannot be guaranteed until full payment is received. If deposit or final payment is not received by the due date, BALLINA BEACH VILLAGE may cancel the booking, with guests paying the relevant cancellation fee and/or full loss of monies deposited.

Confirmation and invoices are subject to re-issue of the booking quote. If the amount quoted is incorrect through error or omission, the guest accepts the liability to then pay the correct cost or to decline to retain the reservation. Guests will be required to provide a credit card imprint or a cash bond prior to check in and to cover any miscellaneous charges. Where a credit card is not available a cash deposit will be required. An acceptable form of photographic identification may be required on check-in.

The Ballina Beach Village will only accept multiple night bookings at peak periods. Any unbooked nights will be released 24 hours before check in for single night stays.

17. UNDER 18?S

All guests under the age of 18 must be accompanied by a parent/guardian or an individual over the age of 18, the property has the right to refuse any booking, when the legal guardian over 18 cannot provide current photo ID ifrequested or is not deemed to be responsible enough to manage the group.

18. PACKAGE PRICES / PER NIGHT PRICES

Per night prices are to be used as an indicator only and not as an extra night rate.

19. ALTERNATE ACCOMODATION ALLOCATION

In the event whereby BALLINA BEACH VILLAGE cannot provide accommodation as previously confirmed, for whatever reason BALLINA BEACH VILLAGE willundertake to relocate clients to an alternative property of equal or bettergrading at no additional expense to the client. Should there not be a property of equal or better grading in the vicinity of the original booking, BALLINA BEACH VILLAGE will provide clients with a property of a lesser grading. If this is the case, any reduction in costs will be refunded to the client. If a property of a lesser quality is not available, a full refund will be given.

20. SPECIAL REQUESTS

Whilst we attempt to satisfy all special requests, we are unable to provide a guarantee.

21. MAPS AND IMAGES

Map images, if shown, are for general information and may not necessarily reflect latest or actual services and geography.

22. DOCUMENTATION

Booking documents will be forwarded by email at the time of booking.

23. LIABILITY AND RESPONSIBILITY

BALLINA BEACH VILLAGE both for itself and on the behalf of their employees or agents do not accept any responsibility for any act, omission, default or neglect of themselves, their employees or agents for injury, damage, or loss to persons or goods whatsoever or however the same may be caused and they do not warrant and are in no way responsible for the accuracy of any information given in statement made by their service providers or themselves in terms of accommodation arrangements.

By utilising the services provided by BALLINA BEACH VILLAGE you agree that: BALLINA BEACH VILLAGE shall not be liable for the wilful or negligent acts and/or omissions of such carriers and/or service providers. BALLINABEACH VILLAGE will not be liable for any accident, injury, delay, property damage or personal loss to you or those travelling with you in connection with any accommodation, transportation, or other travel services resulting directly or indirectly from any occurrences or conditions beyond its control, including but not limited to acts of terrorism, act of God, defects in vehicles, war,strikes, theft, delay, cancellation, civil disorder, disaster, Government regulations or changes in itinerary or schedule.

Please note that all travel documents, observance of laws and regulations of various Governments are your responsibility.

24. LOST, STOLEN OR DAMAGED GOODS

BALLINA BEACH VILLAGE will not be held responsible in any way for any lost, stolen or damaged goods and personal property. In the event of goods being left behind, the guest will be wholly liable for all costs in respect of returning the property to the owner. The goods will not be returned until such times as funds for the costs of the return of the goods have been received. In the event that the goods are lost, damaged or stolen in transit back to the owner, BALLINA BEACH VILLAGE will not be held responsible for such lost, damage or theft. Should you want us to check with a third party such as the linen services or garbage collection agent for lost items, there will be a further charge of up to $250.

25. ACCESS TO PROPERTY

BALLINA BEACH VILLAGE reserve the right to access your holiday premises for the purpose of repair, maintenance, health and safety issues, security issues or to conduct Special Interest Group inspections. When and wherever possible notice will be given by phone and/or email to the guest of the said access. In most instances access will be made through prior arrangement with the guests, and when possible with the guests in attendance. However in the event of an emergency, or some other incident requiring immediate attention or in the event of illegal activity BALLINA BEACH VILLAGE reserves the right to access the premises without notice.

26. DISPUTE OR COMPLAINT

The guests included in this booking hereby agree that the Landlord and Tenant Act 1977 does not apply to their holiday rental, and further agree that this is a holiday letting, is not subject to a lease and in no way could be deemed by the guests as their residential premises under the definition of the said Act.

In the event of a dispute relating to any matter either included herein or inferred, then it is agreed by the guests that the dispute would be wholly under the jurisdiction of the Department of Fair Trading, and that any hearing about any matter would be in the office of the Department of Fair Trading, at Lismore, NSW, Australia.

In the event of a complaint regarding any matter relating to cleanliness or maintenance to the premises, the guests are asked to follow these steps.

In the event of a cleaning issue, the guest must report any dissatisfaction with any cleaning of the property within 24 hours of check in. BALLINA BEACH VILLAGE will arrange for the property to be re-cleaned to your satisfaction.

With regard to any maintenance issues, the guests are asked to report any damaged, non-working, missing or other wise unsatisfactory items at any time during their stay. BALLINA BEACH VILLAGE will take immediate steps to rectify said items to your full satisfaction in as timely a manner as possible. In the event that a third party is required to either service the equipment or replace parts, this will be done in as timely a manner as possible.

Please note refunds are not given in the event of complaints regarding cleaning ordamaged or missing items. However, we are happy to respond immediately to your requests. In the event of complaints being made after check out, you will understand that it is too late for us to respond, and therefore give you the satisfaction you require.

We do not give refunds, nor are we required to do so under Consumer Law in theevent that you have either changed your mind or feel you have chosen badly. Further in the event that there is a dispute over refunds, monies paid for accommodation or any such claims relating to the accommodation booking, bond refunds, eviction, pet disputes, then it is agreed by the guests that the dispute would be wholly under the jurisdiction of the Department of Fair Trading, and that any hearing about any matter would be in the office of the Department of Fair Trading, at Lismore, NSW, Australia.

27. USE OF CREDIT CARDS

BALLINA BEACH VILLAGE reserves the right to levy a ‘declined card’ charge of $25 for every credit card that is offered for payment, and is declined by the bank. Please ensure that the credit card you tender for payment, has sufficient funds to cover the charge of the accommodation that you are paying for, so that you can avoid this charge.

28. UNAUTHORISED REVIEWS, WRITINGS, CRITIQUES, COMMENTARIES OR OTHER ITEMS.

All guests are required to seek specific approval in writing from the owners of the Ballina Beach Village for any news articles, reviews, critiques, commentaries or other such transmission of information (either by web, print, radio or television) about the Ballina Beach Village. In the event of publication of any opinion, news article, review or other such item that is not expressly agreed to in writing by the owners of the Ballina Beach Village will hold the author and their publishers liable for all and any losses due to the publication of this information, review or opinion, and will reserve their rights in law to seek full compensation for immediate and anticipated losses from such publication, announcements or broadcasts.

29. GROUP BOOKINGS.

For organisations making group bookings, extra terms and conditions apply with regard to deposits, cancellations and refunds.

28.1 DEPOSIT an initial deposit is required at the time of booking the venue. This money is non refundable under any circumstances.

28.2 ACCOMMODATION any accommodation booked by the group must be paid in full two months prior to check in, at which point this money is also non refundable under any circumstances.

28.3 CANCELLATION OF DATES dates will not be shifted for any reason. A date will be deemed cancelled and non refunds given if the organisers do not proceed with that date. If the organisers require a new date it is a considered a new booking, and a further deposit and new accommodation reservations will be made. For peak periods i.e. school holidays and long weekends, no cancellations within 30 days of check in. For special events like retreats, schoolies no cancellations within 60 days of check in. With special retreats, all initial deposits will also be forfeited prior to the 60 days.

28.4 PRIOR TO START DATE prior to the commencement of the retreat or group booking we require a written list of all special requirements by the group including instructions on food, accommodation, hours, special needs, numbers, hours of access and any other items that are pertinent to the this group or retreat. Failure by the organisers to supply us with written instructions will indicate that there are no special instructions relating to any particular area or need.

29. UNAUTHORISED REVIEWS, BLOGS, SLANDER, LIABLE AND DEFAMATION.

No guest may publish (or cause to be published by any other third person or party) any email, guest review, blog, letter/s or other printed or digital writing about the Ballina Beach Village or its staff and owners without first gaining explicit written permission by the owners. To do so will make the guest fully and financially liable for all losses suffered by the business and the owners personally.

29. ALL PREVIOUS BOOKING TERMS AND AGREEMENT FORMS ARE SUPERSEDED BY THIS FORM

Please be advised that by paying the deposit for your accommodation you are accepting these Terms and Conditions WHETHER YOU HAVE READ THESE TERMS AND CONDITIONS OR NOT.

This Booking form and the attached Terms and Conditions supersede all other prior such documents, and that the terms and conditions contained within these documents apply retrospectively and henceforth, whether you have received them by fax, email or post.