EMERALD + AQUA GUEST TERMS AND CONDITIONS
Please read this document carefully. When you make a reservation with us these terms and conditions are deemed
to have been accepted by all guests that stay at the property and by accepting you have acknowledged that you
understand and agree, please seek independent advice if you require it.
Your booking is with Emerald + Aqua (E+A), comprising for all future reference - ChaMello Pty Ltd trading as Emerald
+ Aqua, acting on behalf of the owner.
The holiday letting relationship is between E+A with all communications, payments and requests handled by the
The agreement comprises the attached:
1. Terms and Conditions
2. Appendix - A House Rules + Pet Rules
4. Appendix - C What is an Emergency
All bookings are accepted on the basis that you have read, understood and agree to abide and be bound by the agreement. All of these above documents constitute the agreement.
The terms and conditions of this contract as agreed to by both parties are as follows. Any infringement of these conditions permit the E+A to refuse keys, amend rent of premises, withhold any payments made, &/or immediately
terminate your occupancy (licence).
Guests are granted permission to occupy the property for holiday purposes only through a license to occupy; this is
not a Residential Tenancy Agreement under the Residential Tenancy Legislation. By making this booking you have
agreed to enter into a licence to occupy the premise. Failure to comply with the guests' obligations in these terms
and conditions may result in a claim at NCAT, termination of permission to occupy the property, subsequent eviction
and/or registration with the Bad Books and/or any other bad guest register.
1. The premises are licensed for holiday purposes only for the period stated on the final receipt. No
commercial activity is to take place at the property.
2. All quoted prices include GST both as quoted in this agreement.
3. E+A will use its best endeavours to have the property in good working order, however, cannot guarantee
every aspect of the property as unforeseeable circumstances do occur.
4. Every effort has been made to ensure the accuracy of the published rates across all booking platforms,
however, E+A reserves the right to correct pricing errors.
5. Keys will only be issued once you have paid all accommodation tariffs/booking fees in full.
6. Bookings placed via INSTANT BOOK may be subject to change or cancellation if found to be in breach of the following conditions which shall be deemed to form part of this agreement. 7. Our office hours are: 9.00am. – 4.00pm Monday to Friday. Closed on all public Holidays. 8. A deposit of half the tariff plus $110 booking fee is to be paid within forty-eight (48) hours of booking. Non-payment of this deposit will be deemed a cancellation of the requested booking. The balance of the rent must be paid fourteen (14) days prior to arrival. Bookings made within fourteen (14) days of arrival must be paid in full.
9. The premises are to be left in a clean and tidy condition upon departure. Please follow the vacating instructions to avoid extra cleaning or rubbish disposal charges.
BOOKINGS AND PAYMENT
To proceed with a booking via E+A, the following payment conditions apply:
Online Bookings and Reservations - All reservation requests are subject to confirmation. The reservation request is a booking enquiry only and you will be notified by us once your application has been accepted, normally within 24-36 business hours. Confirmation of your booking will only be given by us once we receive your booking deposit. Deposit - A deposit of 50% of the total tariff plus a non-refundable Booking Fee and Accidental Damage Waiver (BFADW) of $110 is required to confirm your booking. The Balance payable no later than fourteen (14) days prior to your arrival date. You will be notified by email for all balance payments. During Peak Season (December-January) final payments are due 30 days before arrival.
Payments - are to be made by credit card (a 2.2% service fee will apply) or by direct deposit into our trust account. Bookings will be cancelled if payment is not received in accordance with the above terms.
Cancellation charges – You are able to cancel your booking without penalty up to 90 days before the arrival date. Once you are within 90 days of arrival date a cancellation will result in the loss of your deposit and the Booking Fee and Accidental Damage Waiver (BFADW). All cancellations must be advised of in writing.
Changes to Bookings - The tariff is for the agreed number of guests detailed on our confirmation email. If there is a change or discrepancy, you will need to contact us to make changes and ensure that those changes are documented. By paying a deposit, the guest is reserving a specific property for specific dates. The dates and the property cannot be changed, doing so would effectively cancel the original reservation and cancellation terms will apply.
However, we may be able to transfer your booking to different dates or reduce the stay, at our discretion. If we can secure another guest to re-book the property for the same dates, there are no guarantees that this will be possible. E+A does not offer refunds or reschedule bookings due to weather events, traffic delays or natural disasters. You are encouraged to take out travel insurance to cover such events. No refunds will be given for late arrivals, early departures or unused days of your holiday rental property reservation. Booking fees, extras and hire linen are not refundable once they have been paid for.
A booking may be held but will not be legally binding on E+A or the owner until a deposit is paid. To proceed with a booking, the following deposit and final payment rules apply:
1. Deposit is due on booking request. The deposit is non-refundable unless the property can be rebooked for your dates, see extra information below.
2. The Balance payable no later than fourteen (14) days prior to your arrival date or thirty (30) days during the high peak season (December – January). You will be notified by email for all balance payments.
3. Once a booking is made, we reserve the right to charge an additional fee of $150 for any changes made to dates or other particulars.
4. If a particular special offer is not available at the time of making your booking, we are under no obligation to retrospectively apply it to your booking.
5. Payment of the deposit constitutes acceptance of these terms and conditions.
6. We do not accept bookings for Bucks, Hens, Schoolies, Parties or gathering of any kind. These booking will be cancelled regardless of whether the deposit has been paid or not.
All cancellations of booking must be made in writing. 90 Days Plus – If you are 90 days or more out from your arrival date you are entitled to a full refund of your deposit paid upon rewritten confirmation of your cancellation.
Within 90 Days - if you are within 90 days of your arrival date a cancellation will result in the loss of your deposit and the BFADW fee. E+A will cancel the booking and readvertise the dates. If the same dates are rebooked then you are entitled to a refund of your deposit however the BFADW fee will be retained by E+A as reimbursement for readvertising and booking processing. Any refund applicable because the property has been re-booked will most likely be made after the dates of the original booked dates. If the property is rebooked for only part of the original booking dates, then a pro-rata refund will be made at the agent’s discretion.
Within 14 days – if you cancel a booking 14 days or less from your arrival date. Full payment of the tariff, booking fees and ADW are non-refundable.
If you shorten your stay the unused portion of your rental is non-refundable.
All bookings are made in good faith by our office and may be subject to change. While we cannot accept responsibility for actions taken by the owner of the premises outside our control, we will endeavour to assist you. Tariffs are reassessed annually. CHECK-IN AND CHECK-OUT TIMES Check in from 2.00pm. Check out is 10.00am.
If an early/late check-in/out is granted, you will be advised of this via your booking emails. We cannot guarantee that a property will be ready at the check-in time. We will endeavour to have the property ready, however, circumstances may sometimes cause delays. There will be no refund or credit if a property is not ready at the said time.
We may be able to offer early check-in or late check-out - this may attract a charge. Paying however, does not guarantee that this agreement can be honoured. If we are unable to honour early check-in or late check-out due to a back to back booking or unforeseen circumstances, a full refund of the extra fees charged will be provided.
Unauthorised early check in or late check out will be charged at a minimum of $250 per hour. We can only confirm early/late check-in/out in the week of the booking and is subject to change should a back to back booking or maintenance requirement arise. BOOKING FEE AND
ACCIDENTAL DAMAGE WAIVER
The Booking Fee and Accidental Damage Waiver (BFADW) of $110 protects you from being charged for accidental damage that may occur during your occupancy, up to a value of $1000. You remain responsible for any damage, repair, or replacement expenses exceeding $1000. BFADW does not cover damage or loss that is not disclosed.
To avoid erroneous blame, you are required to immediately notify our team if anything is amiss when you arrive at the home. If an incident of damage occurs you must immediately inform our staff. Please email images to email@example.com. BFADW does not replace or negate your responsibility for all members of your party as a primary guest/renter.
It does not pay for any act of intentional or negligent destruction, pet damage, re-keying, property damage resulting from a motorized vehicle or watercraft use, additional cleaning if the home is left excessively dirty. This cover is for accidental damage up to the value of $1000 and anything in excess of this will be payable by the guest/renter. The BFADW is offered, administered, and funded solely by E+A and we are solely authorised to determine the nature of the cover. You become financially responsible for any and all damage and loss to the property and its contents from the date and time you check in, to the date and time you check out. To avoid erroneous blame, you are required to immediately notify our team if anything is amiss when you arrive at the property.
SAVING OF CREDIT CARD DETAILS
Credit card tokenization allows for guests’ card information to be saved and may be charged for certain losses or expenses. E+A will save guest’s credit card details for the purpose of:
1. If you pay by credit card, our reservation system saves those details
2. We keep your credit card details on file in the event of damage to the property, excessive cleaning charges, removal of excess rubbish, or any other breach of our terms and conditions
3. Charging the guest for the supply of duplicate keys or re-entry/rekeying at cost plus our standard administration fee of $150 + (invoice cost)
4. A member of the E+A team attends the property to see to an issue that is then deemed to be caused by the guest ($150 per callout during business hours/after-hours = $250 per call out)
5. A tradesperson attends the property to fix an issue that is deemed to be caused by the guest (invoice cost)
6. Charging $500 per offence should there be a credible noise complaint by the neighbours and/or the police/security are called to the property
7. Charging $1000 per offence if there is, or there is evidence of a party or function at the property
8. Charge at a cost to repair or replace if there is malicious, deliberate or negligent damage to the property
9. Charge at a cost to steam clean carpets, furnishings, linens etc. if pets are at a non-pet friendly property, pets have been allowed on furniture or in/on beds, or there is evidence of smoking inside the property
10. Charging $50 for BBQ’s not cleaned thoroughly by the guest prior to departure
11. Charging at a cost to remove excess rubbish
12. Charging any pay per view program that has not been paid for by the guest in advance We will only charge the guests’ card in accordance with our terms and conditions and any applicable Australian Laws. All charges will be subject to a service fee equivalent to the merchant fee paid by E+A. E+A reserve the right to further charge the credit card in relation to any items as mentioned within the Terms and Conditions (this document) or the House Rules as annexed below and displayed at the property.
NUMBER OF GUESTS
Each holiday property is equipped for a specific number of guests. No mattresses, tents, caravans or more cars than the property accommodates are allowed. It is against Health Department Regulations for more persons to occupy a property than there are beds to accommodate them.
The guest limits apply at all times during the booking. Any extra guests (this includes day visitors) above those that have been booked and paid for must be approved in writing prior to the stay.
E+A has the right to charge for extra guests/visitors and to decline any request. Any unapproved excess guests/visitors may result in a party/function $1000 fine, registration with a “bad guest” register, and/or reviews on booking sites.
The person making the booking (responsible renter) is fully responsible for any damage and conduct of the guests. Exceeding the stated number of guests will result in termination of your booking and you being required to vacate the holiday accommodation immediately without refund. Charges for additional guests will be debited to your credit card without further notice.
BUCKS, HENS, SCHOOLIES, WEDDINGS, PARTIES AND GATHERINGS
Wedding receptions, schoolies, bucks and hens nights are NOT accepted under any circumstances - If we find out during your stay, you may be evicted by our private security contractors, your booking cancelled and all monies withheld.
GUEST INFORMATION AND OBLIGATIONS
It is a condition of your stay that you adhere to our Terms and Conditions, our House Rules Guide and leave the property promptly after completing the departure checklist that is clearly displayed at the property. Guests must always abide by the local council and state planning laws and guidelines regarding short term residential accommodation.
Responsible Renter – As the responsible renter, you agree to be an occupant of the property for the entire duration of the stay and will be held responsible for the conduct of all guests. Guests under 18 are of course welcome but must be accompanied by a parent or guardian.
Keys and security dongles – One set of keys only will be issued per property. Upon vacating please ensure that all doors and windows are locked and that keys are returned to the property lock box. Do not under any circumstances
Whatsoever leave keys at the property or at any other location. Keys should be returned as per instructions provided. Should the keys not be returned, the guest will be liable for any charge incurred in gaining entry and/or replacing keys and changing locks if necessary, plus a processing fee (with a minimum charge of $150). If keys are lost, all locks must be changed at a cost to the holiday guest.
Lost keys or locked out – If guests lose keys there are then responsible for a cost of replacement an hourly fee of $150.00 for the agents time.
If guests lock themselves out of the property during business hours they will need to pick up the office set of keys from the E+A gain access to the property and return the keys within business hours on the same day. A cash bond of a $100 or a driver’s licence/credit card is required to take office keys and will be refunded in full upon receipt of the keys.
If guests lock themselves out of the property after hours they can contact the E+A emergency contact. If one of our staff is able to obtain the keys from the office and attend the property a charge of $150.00 call out fee applies. If we are unable to provide a key for any reason, then the guest will need to engage the services of a qualified locksmith to gain access. The locksmith’s invoice must be paid directly to the locksmith at that time.
Guests must not break into, or attempt to break into, premises when locked out.
Cleaning – Is included in the full tariff, however, if excessive cleaning is required over and above what is considered by E+A to be a standard clean, the guest will be charged at cost.
Cleanliness – you, as the occupant, agree that the property will be left in a neat and tidy condition (as found at the commencement of the rental), which includes washing up dirty dishes or emptying the dishwasher, sweeping hard floors and deck areas, removal of rubbish and putting it in the bins for collection. If you have rubbish in excess to the bin provided, that shall be removed by you. Excessive cleaning or rubbish removal charges may be charged to you if you breach this obligation
BBQ – A $50 cleaning fee will be charged for unclean BBQs.
Rubbish – You must take any excess rubbish that does not fit in the provided bins when you leave. If it is bin night during your stay, please put the bins out on the kerb. You will find a bin night notification at your accommodation. You will be charged the tipping fee and the time to tip if excess rubbish is left at the property or if the garbage bin is not put out on bin night as requested.
Loss and Damage – All damages, breakages or losses to the property, furniture and furnishing are to be reported immediately to ensure cover by ADW. Should you discover a fault or breakage when you arrive, please advise us directly to avoid being charged for this damage.
Owners Private Spaces - If there are signs of tampering with the owner's private cupboards on departure it will be treated as break and enter and will be dealt with accordingly.
Faults - Faulty appliances or other problems with the property must be reported in writing to our office immediately. Damages or breakages in excess of normal wear and tear may be charged to you.
Problems or complaints - in the case of any problem, complaint or issue, you must inform us in writing at the earliest opportunity so that we have the opportunity to rectify any issues within a reasonable time frame. We will not be able to consider compensation unless we have been afforded the opportunity to solve the problem. Will not be responsible for compensation for issues that are reported late or after you vacate the property Repairs - I/We agree to permit all repair and/or service personnel to enter the property for the purposes of conducting any repair, service or maintenance deemed necessary by the property owner/agent.
Children – No responsibility will be taken for children or pets staying at or visiting the property. Please supervise carefully, always taking into consideration fencing, pools, dams, stairs, verandahs, balconies and cleaning chemicals. Children under the age of 10 years should not sleep on the top bed of a bunk.
Tradesperson Call Outs – Should a tradesperson or a member of our team be called to the property and the issue is deemed to be caused by a guest, equipment owned by a guest or because a guest has not followed instructions, then the guest will be responsible for payment of the invoice for the tradesperson or our callout fee of $150 or both.
Smoking – Smoking is not permitted inside any of our properties. If evidence of smoking inside the property is detected, you will be charged for steam cleaning of carpets and furniture, laundering of all soft furnishing and linen, plus replacement of linen where necessary.
Third party services – Should you engage the services of a third party during your stay such as a caterer, beautician, massage therapist etc., it is your responsibility to ensure that they adhere to these Terms and Conditions, and hold appropriate Public Liability insurance.
Electronic controls - All guests are responsible for the safekeeping and maintaining current settings on all of accommodation electronic controls. If remote controls or any electronic device’s settings (e.g. TV, stereo etc.) are changed or tampered with a service charge of $150 will occur. No tampering with the modem or any other electronic device (no unplugging, removing, relocation) or any attempt to log-in as an administrator to any device.
Air Conditioning - Air Conditioner is to be used only while you are in the house. If you leave for an extended period the air conditioning must be turned off, without exception. Under no circumstances are the air conditioner controls to be tampered or changed. If air conditioning setting are changed a service charge of $250 will occur.
Moving furniture and un-cabling electronic devices – please do not move furniture around the house or un-cable televisions, DVD’s or other electronic devices. If the cleaners or someone else is required to spend time on rectifying what you have done, you will be charged on an hourly rate plus an administration fee.
Personal Property - If personal property is left behind, it is the guest’s responsibility to arrange its return by providing E+A with a suitable prepaid satchel or by collecting the item from one of our offices. If not claimed within 1 week (seven days) of departure, it will be disposed of. Guests are solely responsible for their belongings whilst staying at the property and are required to take the usual steps to prevent any property loss, including locking premises and vehicles when not attended.
Sales inspections - If the holiday accommodation is currently listed for sale, then I/we agree to permit the Agent to conduct inspections with prospective purchasers upon reasonable notice and at a mutually convenient time. The agent cannot be held responsible should a property be sold and the booking cancelled. An owner is entitled to withdraw property from the rental pool at any time because of a sale of the property or otherwise. All endeavours to find alternative accommodation will be made by the agent or all monies will be refunded to you.
NOISE AND DISTURBANCE TO NEIGHBOURS
Noise – We have a strict ‘no party’ policy. Only the guests staying at the property are permitted to be present. If you wish to have visitors in addition to booked guests, you must advise us in writing prior to your stay and ensure you receive written permission. This is not possible at all properties.
If there is, or is evidence of a party/function, you may be asked to vacate the property and there will be a charge of $1000 made. If you or any other guest receives a warning regarding excess noise or excess guests, you may be asked to leave the property immediately with no refund of monies.
Noise audible outside the property is prohibited between 10 pm and 8 am. In addition, if our staff, security guards or the police are called to the property to deal with noise complaints or excess guests, or if we receive complaint/s from the neighbours during or after your stay, a fee of $500 per offence will be charged. Noise disruption for these purposes includes loud behaviour of any type that disrupts the peace and quiet of others; intrusive or abusive language; loud music or any other sounds affecting other residents that is audible outside the boundaries of the property.
A ‘Party’ is defined as but not limited to:
(a) Guests making excessive noise after 10 pm that causes neighbours to complain to our staff, Security Company or the police.
(b) When extra guests are invited to the property without consent in writing from the agent
(c) When consent is given if those guests do not vacate the property at 10 pm.
(d) If there is arguing, coarse language fighting or antisocial behaviour
For the purposes of this clause, noise disruption includes loud behaviour of any type that disrupts the peace and quiet of others, intrusive or abusive language, loud music or any other sounds affecting other residents that are audible outside the boundaries of the property.
We maintain a zero tolerance policy to disturbing neighbours. This covers noise as a result of any activity on the property after 10 pm that cause disturbance or annoyance to neighbours.
We strictly do NOT allow bucks, hens or schoolies bookings. If you are found to have booked the property for this purpose you will be asked to vacate immediately without refund of your tariff.
If neighbours advise of additional guests at the property you will be charged a per head fee for each guest unless prior consent is obtained from the agent and is given in writing.
If a warning about noise is given to you or your guests (either verbally, in writing or by text message) without effect, you may be asked to leave the property and your occupation and claim on the property will be terminated immediately with no refund of monies.
Should there be any noise disturbance or concern for the welfare of the property Wollongong City Security will be called to attend to the property. They may be contacted either by a staff member of our office or after-hours by a neighbouring property. In either instance the E+A call out fee of $150 plus the fees charged by Wollongong City Security per visit will be charged to your nominated credit card. If no effort is made to adhere to warnings or the conditions of the licence are seriously breached, ChaMello Pty Ltd trading as Emerald + Aqua have the right to cancel the booking effective immediately. This will result in immediate eviction, a complete forfeit of all monies paid and/or additional charges plus a $500.00 per night party fee.
If guests refuse to leave a Wollongong City Security guard will be placed at the property for the duration of the guests stay, all costs will be charged back to the guest.
Additional charges or immediate termination may apply in the event of unnecessary or excessive noise nuisance or disturbance caused to neighbouring properties during your occupancy. I/We hereby acknowledge and agree that the agent has the absolute and sole discretion to cancel my/our occupancy in the event that my/our actions or behaviour compromise the safety and/or quiet enjoyment of neighbouring properties or others. I/We hereby agree that I/we will be fully responsible and liable for payment of all charges incurred, irrespective of such cancellation, together with any financial loss suffered by the property owner and/or agent, to be debited to my credit card without further notice.
Strippers and Sex workers – are strictly prohibited at all holiday properties.
Drugs – if any evidence of illegal drugs is found at the property all evidence and contact information of the responsible renter will be provided to the police.
Remote monitoring - we may use device detection tools to help enforce these Terms & Conditions including (but not limited to) smart sensors which count the number of mobile devices &/or noise levels and alerts the agents if the maximum threshold was reached. Our technology works like a smoke detector, but for noise and number of devices. Our sensors track the decibel levels at the holiday property, evaluate other risk factors and alert the agents if fair and reasonable threshold levels are breached. In addition, the technologies can be used to:
• Help verify that the number of expected guests isn’t grossly understated (12 guests instead of 2)
• Help verify that the check-in or check-out time isn’t grossly outside of policy (unexpected mobile device traffic showing up 1-2 day(s) before or after check-in/out)
• Help indicates whether the power or internet may be off in the home Our Noise Risk Score goes beyond the sporadic and instantaneous measurement of a decibel, to bring you context and deeper insight. We track not only how loud it is, but how long it is loud for. We combine this with a number of other factors to bring you the contextual noise risk score. Nobody wants a text every time you sneeze.
We do not use surveillance cameras within any of our properties and do not sanction owners using them.
Unless specifically stated as being pet-friendly, no pets are allowed either onto the grounds of the property nor inside the holiday accommodation under any circumstances. Any pets found in holiday accommodation properties will result in termination of your booking and additional cleaning charges will be debited to your credit card if this occurs.
Pets are not permitted on or inside the premises unless the property is advertised as “pet-friendly” and the owner has provided permission for your nominated pet(s) to stay. In this case, the person booking agrees to pay for any damages or extra cleaning charges incurred as a result of their pet. In the event, your pet(s) are permitted on the property no responsibility will be taken by Emerald + Aqua or the owner of the premises for the welfare/safety of your animal(s)
If evidence of a pet is discovered without approval, or at a non-pet friendly property you will be charged for steam cleaning of carpets, furniture and/or mess left by the pet/s, plus our standard pet charge and our standard administration fee ($150) for the time of the stay.
If your holiday accommodation is a designated “Pet-Friendly” property, then I/we agree that we will abide by the additional terms and conditions detailed in “Doggie Do’s and Don’ts” attached. The agent is not responsible for the confinement of your pet. If you have your pet with you, it is expected that a few simple rules of courtesy are followed:
• All pets must be approved in writing prior to the stay
• Any mess, including outdoors, must be wrapped and placed in outside bins
• Pet bedding must be supplied by guest
• restrict it to the hard floor areas and do not allow it onto furniture or into bedrooms
• You agree to pay for any damage, or extra cleaning required resulting from the pet having stayed.
EMERALD + AQUA OBLIGATIONS
Agent/Owner Limitations of Liability Property - We have taken great care to describe your holiday accommodation to you as accurately as possible. We cannot, however, accept responsibility for incorrect descriptions, errors or omissions. Substitution of property - At times, situations arise over which we have no control such as ownership changes, extensive repairs or maintenance, or if properties are removed from the holiday rental market. We reserve the right to offer guests alternate accommodation of a similar standard, as available, at our discretion. In the unlikely event, we will notify you as soon as possible and make every reasonable effort to ensure you are satisfied. We cannot guarantee accommodation and, should an alternative not be found, you will be refunded. You hereby agree that, in this case, you will accept the refund as an acceptable outcome.
No provision can or will be made for relocation if accommodation is deemed unsatisfactory on arrival other than on the basis that the full rental due be forfeited and full rental on new premises is paid prior to occupancy. Guests must accept premises “as booked” and cannot be relocated. We are careful not to misrepresent any rental property.
No refund nor compensation will be provided if you are dissatisfied with your accommodation.
Price Changes - In some cases, accommodation rates may be subject to increase after you have made payment. Should this occur you will be notified and given the opportunity to pay the difference in tariff, or we can help you find alternative accommodation. If this is not satisfactory, you will be refunded and you hereby agree that you will accept the refund as an acceptable outcome.
Wildlife - Our properties are maintained and cleaned regularly, however, wildlife is common in country and coastal areas. E+A and/or the owner do not accept liability for the unfortunate or seasonal visits of any wildlife including, but not limited to; rodents, insects, cockroaches, kangaroos, wombats, snakes and spiders.
Access - E+A and/or its representatives reserve the right to enter the property at any time, without notice, to protect and/or undertake maintenance of the property. We will provide notice to the guests wherever possible.
Equipment - E+A and/or the owner do not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, fridge, spa, pool, water, electricity, gas and internet. In the event of a failure, the guest should notify our team in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by E+A, will be remedied at any time during or after the rental period, at the sole discretion of E+A. Refer to Appendix - C What is an Emergency Limited Liability – To the maximum extent permitted by law, in no case shall E+A, nor its affiliates, officers, directors, employees, agents or owners be liable for any indirect, incidental, consequential, special or exemplary damages or for any damages for death, personal or bodily injury, emotional distress or damage to property, arising out of or in connection with your stay. This limitation applies to all claims for damages including negligence even if E+A has been advised of the possibility of such. Indemnity - E+A and/or the owner do not accept liability for any personal loss or injury to the guest/s during the rental period, including that caused by events beyond our control. Events may include, but are not limited to; adverse weather, fire, flood, traffic or flight delays, war, terrorist activity, civil disobedience, or other force majeure and no refund or credit will be offered under these circumstances.
Bad Books Register/Traveller Feedback - E+A participate in the Bad Books Register. By making this booking you hereby agree that if you or any occupant covered by this booking breaches our terms and conditions, your name, phone number, home address and email address, as well as details of the breach/es, may be registered with this organisation or any other organisation offering a register for holiday rental travellers. Traveller feedback may also be entered onto the applicable online portals. E+A reserve the right to refuse or cancel a booking where a guest is registered on Bad Books or has received negative feedback from
Rectification of issues - whilst we and the owners of the properties take care to keep the houses in good condition and good working order, nevertheless breakages, outages and malfunctions beyond our control do occur. When this happens, we will rectify a situation as soon as practicable, however, we or our owners cannot accept responsibility for any loss and no compensation will be given. This applies to the property, its inclusions, the supply of utilities, and where applicable, the pool or spa.
Compensation - How much compensation you can reasonably expect (if any), depends on the extent to which you were prevented from utilizing the full extent of the holiday home. You can seek compensation for losses you suffer due to a problem only if we could have reasonably foreseen the problem. The New South Wales Consumer Law Act (C.L.A.) 2002 section 16 does not allow compensation for disappointment or distress. Compensation will be assessed on the fair and reasonable calculation as to how the issue specifically limited your amenity and will be calculated as a proportion of the full holiday home. As an example is it unfair and unreasonable to expect a 15% rebate for loss of internet or a fridge that stopped working but was replaced in a reasonable time. Compensation will be provided as a non-transferable credit to be used on a future booking for the same property and needs to be used within 12 months of the date of issue.
We will not provide compensation where:
1. An event that was not reasonably foreseeable
2. We have not been immediately notified of the matter as soon as you become aware of it
3. We have not been able to rectify it within a reasonable time frame
4. An inclusion (e.g. fridge, locks, pool filter) suffered an unforeseeable ‘end of use/life’ event e.g. unforeseeably the fridge for no reason suddenly stopped working
5. A natural event results in a claim e.g. wind blowing leaves into a pool
6. The defect about which you have made a claim was caused by you having misused or abused the inclusion, or where you have failed to (including failing) to follow the instructions in the user manual/guest app provided
7. The failure of reasonable human control, for example, user error
8. Where an independent third party is responsible e.g. a qualified tradesperson has to order a part and it has/will take several days to carry out remediation
9. Relates to something independent of our service and/or third-party services, not in our control. The professional independent advice of qualified professionals will be relied upon to assess claims. As an example, if a pool is slightly green but is perfectly safe to swim in as per health standards and advice provided by qualified tradesperson than no compensation will be provided. When claiming compensation, you must prove that you suffered a substantial inconvenience (e.g. not being able to use the holiday home) and that this was a result of our actions or failure to act within a reasonable timeframe.
A claim must be made in writing and received no less than 10 working days from your departure and must contain all reasonable supporting evidence (receipts, multiple photos/videos) of your claim including but not limited to a detailed concise explanation of what is claimed, for what and the impact including what is being sought and a detailed explanation of how you arrived at that.
A notarized statutory declaration is required to accompany the claim attesting to the accuracy and truthfulness of the fair and reasonableness of your claim.
E+A will not be held responsible for any noise from construction work occurring close to holiday properties and which is outside of our control.
Cleaning will only be compensated if it is deemed to be a ‘major failure’ as everyone has different standards and expectations of cleaners. The cleaning fee covers a post stay clean and laundering of linen. A deep spring clean is not possible or practical between each stay. All requests for cleaning compensation must be accompanied by photos and evidence that the cleaning had a serious impact on your stay.
If you suffer from allergies to dust, pollen or animals we cannot guarantee that holiday homes will be completely free of any of these particles. Please advise our staff of allergies before booking.
Withdrawal of property or price change by owner – an owner is entitled to withdraw the property from the rental pool at any time, or to request us to make a price change at any time. Although uncommon, should a property be withdrawn, or should its price be changed, by an owner during all of or part of the period of your booking, every reasonable effort will be made by us to offer you alternative accommodation. Alternatively, all monies paid will be refunded and you hereby agree that you will accept a refund as an acceptable solution should such a situation arise.
Cleaning – we will use our best endeavours to organise for the property to be cleaned prior to your arrival, however during peak season or extremely busy handover days; some tolerance may be required of guests to accommodate cleaning schedules.
Maintenance – we will organise for normal repairs and maintenance to be carried out during your stay, provided that the repairs and maintenance are attributable to normal wear and tear, and not damage to the property or other breakages.
Repairs - The agent endeavours to have any repairs to appliances attended to as soon as possible after reporting them. However, due to unforeseen circumstances (e.g. having to order parts or non-availability of trade’s people), the immediate repair may be beyond our control. No responsibility is accepted by the agent for these unforeseen circumstances. There will be no refunds or discounts deducted from tariffs in this situation &/or for unusable appliances awaiting repair.
Gas bottle refills – subject to the availability of staff, we will organise gas bottle refills for you, or reimburse you for the cost of a refill if you do that yourself.
Representation of a property – your booking is made in good faith by us as the owners’ agent. We will use our best endeavours to ensure that the property is accurately represented to you, however, we will not be responsible for the actions of owners including making changes to a property or its inclusions. All disputes concerning the nature of the property will be referred onto the owner. E+A (or the owner) will use its best endeavours to have the property in good working order, however, cannot guarantee every aspect of the property and especially items which can be inherently temperamental - electronics, Wi-Fi, television reception, barbecue lighters, or the functioning of pools and spas
Force Majeure - E+A or the owner of the property will not be responsible for any damage or loss of enjoyment occasioned by any force majeure incidents that interfere with the use of your property, including but not limited to bush fires, excessive rain and storm activity, excessive beach erosion due storm activity, excessive deposits of seaweed on the beach, water supply failure, and electricity supply failure.
I/We hereby acknowledge and agree that the Property Owner and Agent will not be held responsible nor liable for:
• any injury or loss suffered by the occupants, their invitees or guests whatsoever or howsoever caused whilst I/we are in occupancy of the holiday accommodation due to my/our failure to comply with the Terms and Conditions or House Rules;
• any injury or loss suffered by the occupants, their invitees or guests whatsoever or howsoever caused due to negligence on my/our/their part
• any injury or loss suffered by the occupants, their invitees or guests whatsoever or howsoever caused as a result of insects or wildlife in or around the holiday accommodation site. All occupants are to take specific care at all times within this rural area and requested not to approach any such wildlife under any circumstances.
• any noise, disturbance or inconvenience caused as a result of renovation/building/road works being carried out in or near the vicinity of the holiday accommodation
• It is hereby agreed that the Agent provides holiday accommodation booking services only for and on behalf of the Property Owner. Any property descriptions or advertising materials are to be viewed as a general guide only. The Agent or its representatives will not be held responsible or liable for any deficiency in the holiday accommodation or its furniture/fittings
• The Property Owners reserve the right to cancel any holiday accommodation bookings at any time, and in this event, all reasonable endeavours will be used to offer you alternative holiday accommodation but without liability
2. Appendix - A House Rules + Pet Rules
Please note that each property will also have area-specific house rules with additional information regarding items such as rubbish, BBQ gas etc. These are a set of general rules that we request all guests follow.
- All properties have a strict No party policy
- All properties are Non-Smoking
- Please report all damages or breakages immediately
- Please refer to the Hospitality APP for all questions regarding the property
- If you are experiencing an issue with your property please contact our office between 9-4 Monday – Friday on 4207 9988
- If there is an Emergency at the property please contact our office during business hours or, after hours text to 0409 668 560
- Charges apply in order to rectify issues that result in the house rules not be followed
The bin collection day for your property will be listed in the Hospitality APP a message will be sent via the APP the night before also.
Once the RED (general rubbish) and YELLOW bins are full (the lids needs to be able to close fully). Take all excess rubbish beyond this with you. Excess rubbish collection is charged at $40.00 per bin.
Do not place any rubbish in the GREEN bin. If there is rubbish found in the bin there will be a fee for the collection of rubbish and washing of the bin. Collection and cleaning are $90.00.
- Ensure stove, griller and oven are left clean and turned off.
- The kitchen bin is to be left free of rubbish.
- There is to be no food left in the fridge and the fridge is to be left clean.
- Please ensure there are no dirty dishes left in the sink or on the benches.
- The Dishwasher is to be emptied and all the dishes put away.
- All benches are to be left clean and all floors are to be swept and/or vacuumed.
- If your rental property has a BBQ, please scrape and clean after each use.
If the property is not left in a tidy state extra cleaning charges apply at a rate of $40.00 per hour.
BATHROOM AND LAUNDRY
- Ensure that the shower, vanity and toilet bowl are left clean and all soap and rubbish are removed.
- Ensure no personal items are left in the washing machine and/or dryer
- Empty the lint filter of the dryer
- Hang wet towels up to air
- Check all cupboards and under beds to ensure removal of personal items
- Leave linen on the beds as the cleaner will do a stock take of all the linen before stripping the beds
All furniture including outdoor is to be positioned in the same location as on arrival at the property
Under no circumstances are the remotes, electronic settings (TV), electronic devices/controls (AC) to be changed or tampered with.
Air Conditioner is to be used only while you are in the house. If you leave for an extended period the air conditioning must be turned off, without exception. The pre-set Air Con controls are not to be changed or altered.
-If you change over the gas cylinder for the premises during your stay, please advise our office so we can order another cylinder of GAS
Each property specific House Rules will instruct on the procedure for swap/refill of BBQ Gas bottles. Please let our office know if the gas has run out during your stay
All properties are NOT ‘Pet-Friendly’ unless otherwise stated on the web listing. Regardless, strictly NO pets are allowed inside the rental property including dogs of visitors. If animals are found on premises, the occupant will be liable for additional cleaning and the tenancy will be terminated.
We provide only 1 set of keys to each property please use the lockbox to share keys.
Take care of your keys if they are lost and need to be recut a fee of $50.00 plus keys cutting costs apply
If guests are locked out after hours a call out fee of $250.00 will be charged to provide access. If you are locked out after 7 pm guests need to contact a locksmith and gain access at their cost.
- All dog droppings must be removed from premises prior to departure.
- Your dog must not be taken inside the premises.
- The owner of the dog is liable for any damage caused to the premises or resulting loss suffered by the property owner.
- It is the occupiers’ responsibility to ensure their dog is suitably restrained within the rear yard of the premises.
- A barking or aggressive dog will not be tolerated under any circumstances and may result in the termination of your booking.
- If there is found to be an infringement relating to any of the above, Emerald + Aqua has the right to request immediate vacation of the premises without a refund.
- An extra cleaning fee of $150.00 will apply if dog hair, dropping, paw prints or scratches are found inside the house
This policy together with our terms & conditions sets out the terms upon which ChamelloPty. Ltd. ACN 100031911 of 2A 373-375 Princes Highway, Woonona, New South Wales, 2518 T/A “Emerald + Aqua” (“we” or “us”) will process any personal information that is collected through the use of:
We provide value-added services to guests (Services) who have arranged the use of residential and other property principally through such booking agents and hosting platforms (such as Airbnb, FlipKey, Stayz etc.) (Hosting Platforms). As such we market properties owned by Host clients or offer related services.
Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.
The information we may collect includes:
This information is used:
to provide information to our network of industry partners as may be necessary to provide you with the Services requested. for verifying your identity for security purposes. for internal record keeping. for marketing our Services and products. The information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.
We may log information about your access and use of our Website, including through the use of Internet cookies and measurement tools, your communications with our Website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider. We do not presently associate such information with an identifiable person.
We may contact you by a variety of measures including by telephone, email, SMS or mail. If you wish to update your contact details or change the way we contact you, please contact us at the details below.
Disclosure of personal information
We may disclose personal information including:
-for the purpose of providing information, products and Services to our clients.
-to verify personal information details upon request from third parties.
- to comply with our legal and regulatory obligations, including disclosure and reporting to Commonwealth, State and Territory government agencies. for users under 18, information regarding attendance, progress and general well-being may be provided in order to keep parent(s) and/or guardian(s) adequately informed. If you are under 18, you may use our site only with consent from a parent or guardian.
- to credit reporting agencies and courts, tribunals, regulatory authorities where clients fail to pay for Services provided by us to them.
- to courts, tribunals, regulatory authorities, and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights.
- to the relevant third party or parties, if the matter involves third parties.
- to third parties, including agents, referral partners, contractors and sub-contractors for the purposes of providing information, products and services to you. This may include parties located, or that store data, outside of Australia. When we obtain information from a relevant person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.
By providing us with personal information, you consent to this disclosure. Where we disclose your personal information to third parties, we will request or otherwise seek to get comfortable that the third party follows the Australian Privacy Principles regarding handling your personal information. However, if you provide information to us with a view to it being read, copied, downloaded or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to all the World, you have no control whatever as to how it is used.
If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law, our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.
We do not typically or routinely disclose personal information to overseas recipients. Unless consent has been given, or an exception under the Australian Privacy Principles apply. We will only disclose personal information to overseas recipients where reasonable steps have been taken to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information. In circumstances where information is disclosed to overseas recipients, those recipients are likely to be located in countries in the regions in which we operate.
We are committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure that information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
Financial information relating to your credit cards
This information is never taken by us either through our Website. If you are accessing our Services or a Product made available through a third party hosting Site, you should satisfy yourself as to the security of that Site as that Site it is not controlled by us.
Financial information about your direct debit
When you have agreed to set up a direct debit arrangement, the information you have given to us is passed to our own bank for processing according to our instructions. We do keep a copy.
Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser) or may remain on your computer until you delete them or until a defined period of time has passed.
to allow essential parts of our web site to operate for you. to operate our content management system.
to operate the online notification form - the form that you use to contact us for any reason.
to enhance security on our contact form. to collect information about how visitors use our site.
to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for 90 days.
Calling our helpline
When you call our helpline, we collect Calling Line Identification (CLI) information. We use this information to help improve the efficiency and effectiveness of our helpline.
Sending a message to our support system
When you send a message, we collect the information you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business/organisation. We do not keep any personally identifiable information associated with your messages, such as your name or email address.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and, if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
Removal of your information
If you wish us to remove personally identifiable information from our web site, you may contact us at firstname.lastname@example.org. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
Data may be “processed” outside Australia
While our Website is hosted in Australia, other Sites are often hosted abroad. We also use host advertising services of Sites in countries outside Australia from time to time in other aspects of our business. Accordingly, data obtained within Australia may be “processed” outside Australia and data obtained in any other country may be processed within or outside that country.
If you have a complaint about how we have collected or handled your personal information, please contact us. We will endeavour in the first instance to deal with your complaint and take action to resolve the matter. If your complaint cannot be resolved at the first instance, we will ask you to lodge a formal complaint in writing, explaining the circumstances of the matter that you are complaining about, how you believe your privacy has been interfered with and how you believe your complaint should be resolved. We will acknowledge receipt of your formal complaint and indicate the timeframe that you can expect a response. We will endeavour to resolve the complaint as quickly as possible, but if the matter is complex and our investigation may take longer, we will let you know when we expect to provide our response.
If you are unhappy with our response, you may refer your complaint to the Office of the Australian Information Commissioner.
How you can contact us
Sending a letter: Attn: Privacy Officer, 2A 373-375 Princes Highway, Woonona, New South Wales, 2518 Australia T/A “Emerald + Aqua”
4. Appendix - C What is an Emergency
What is an Emergency?
Essentially anything that proves to be a health or safety risk can be recognised as an emergency repair &/or a catastrophic failure of an essential service
- Is the issue likely to cause damage or injury to a person;
- Is the issue likely to cause damage to property; and
- Is the issue likely to cause undue inconvenience to you
Essential services include;
- Water supply
- Electricity supply
- Sewerage management system
NSW Dept of Fair Trading list, urgent repairs constitute:
- a burst water service or a serious water service leak
- a blocked or broken toilet
- a serious roof leak
- a gas leak
- a dangerous electrical fault
- flooding or serious flood damage
- serious storm or fire damage
- a failure or breakdown of the gas, electricity or water supply to the premises
- a failure or breakdown of the hot water service
- a complete failure or breakdown of the stove or oven
- a complete failure or breakdown of a heater or air-conditioner when
- No A/C when outdoor temperatures are below 13 degrees or above 30 degrees (unless there is medical documentation provided at the time of booking)
- a fault or damage which makes the premises unsafe or insecure
What is not considered an emergency?
The following situations are NOT considered urgent and will not be attended to outside of normal business hours. If you have a fault with any of the items below, please report the matter via email:
-Air conditioning not working (see below note*)
-Faulty internet or TV reception-antenna problems
-Keys lost or locked yourself outside
-Heating, dishwasher, stove outage, microwave, washer, or dryer issues
-Slowly draining vanity or shower
- Neighbour nuisances (unless they pose a danger)
- Any other general maintenance
*Air conditioning - Similar to a broken heater, this is largely dependent on what’s going on outside if the ambient outside temperature is greater than 13 degrees or below 30 degrees it is considered a maintenance issue which you will need to inform us off. It is not an emergency. If the ambient outside temperature is less than 13 degrees or greater than 30 degrees it is an emergency. In the meantime, grab a fan and open the windows.
In the event of an emergency at your property please refer to the following emergency guide that is in the guest APP.
I agree to have my credit card tokenized by ChaMelloPty Ltd trading as Emerald + Aqua as a security deposit. I authorise any charges to be debited to this provided card in the event of any loss or expense arising from a breach of my agreement to rent the property, damage to the property or my occupation of the property. All charges will be clearly documented back to guests with a breakdown of charges, invoices and photographs if applicable.