WEBSITE Terms and Conditions of Sale
These are the Terms and Conditions of Vacay Co trading as Vacay Co. (ABN 59 864 055 732) (“Vacay Co”, “we”, “us”) on our website located at www.vacayco.com.au, which is owned and operated by us (Website).
Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
HOLIDAY RENTAL BOOKINGS TERMS AND CONDITIONS OF SALE
SUMMARY
The property must not be used by more than the number of guests booked and paid for on your reservation, either visiting or staying at the property, without written approval.
Guests are required to ensure noise levels are kept to a minimum from 8pm until 8am the next morning.
Pets are not permitted.
Parties and events not permitted without prior consent.
Smoking is not permitted anywhere on any property.
No commercial activity is to take place at the property.
If you encounter any issue, before, during or after the stay please contact us immediately on 0451 052 487 or via email on hello@vacayco.com.au so that we can attempt to correct the issue promptly. We will not offer any compensation unless we have been informed and allowed the opportunity to solve the issue.
Bookings
Bookings can be made online at www.vacayco.com.au. Reservations are subject to availability and actual pricing at the time of booking. When confirming your booking you agree to pay the nightly rate agreed and any additional charges up until the time of departure. The accommodation may only be occupied by you and your other confirmed guests for the period stated on the booking confirmation. The property must not be used by more than the number of guests booked and paid for on your reservation, either visiting or staying at the property, without written approval.
Payment Policy
We require a 25% pre-payment at time of booking, with the balance payment required 30 days prior to your arrival. Our system will automatically process this payment from the credit card provided at the time of booking and held on file. If your booking is within 30 days at time of booking, full payment is required. Bookings will be cancelled if a payment is not received in accordance with the above terms.
Payment Options
Payments are accepted via the payment processing service Stripe or PayPal. All payments are only accepted in AUS dollars. Payments can also be accepted via direct deposit on request.
Cancellation Policy
Cancellations made by guest:
All bookings at Vacay Co. are currently flexible. We understand things are unpredictable during these times which we wanted to reflect in our cancellation policy. We will therefore offer free cancellation on all bookings (minus payment processing fees charged by Stripe or PayPal), up to 48 hours prior to check in. Cancellations made within 48 hours of arrival will not be refunded unless there are extenuating circumstances.
Covid-19 Pandemic Cancellation Policy
In the event of Federal or State Government restrictions preventing domestic travel due to Covid-19, Vacay Co will provide the following options:
1. A free change of date to your booking within 12 months of your original booking.
2. A voucher to the full value of your booking, redeemable to within 12 months of your original booking.
3. A full 100% refund subject to written request as per our normal cancellation policy.
Security Deposit
A Security Deposit of $250 is a requirement of your booking. By agreeing to these terms you agree for us to process a credit card pre-authorisation that must be received 72 hours prior to your arrival. A return of any deposit does not mean that you will not be held accountable for issues noticed or reported after any refund of it. The security deposit will be retained until our team has completed the checkout inventory and inspection. Should the property be found excessively dirty or items are missing or damaged, the cost of additional cleaning and/or the cost of repair or replacement of property will be deducted from your deposit. The remainder of your deposit will be refunded to you within 7 days or later if further written notice has been given due to investigation. You remain responsible for, and will be charged for, the cost of any damage, repair, or replacement in excess of the Security Deposit.
Number of Guests
At no time during your occupancy is the number of guests staying to exceed the number booked, unless prior approval is sought and provided. Any persons exceeding the maximum occupancy of the property will be considered trespassers and will be evicted. The maximum number of guests permitted in each property type is as follows:
The Pool House - 2 guests
The Palm House – 4 guests
The Palm & Pool House – 8 guests
Children
Children’s prices for accommodation are included in the standard tariff rates and refer to children using existing bedding. If port-a-cot is required, please inform us at time of booking. Please note that The Pool House was not designed with children in mind. No responsibility will be taken for children staying at or visiting the property. You as the guest accept all liability in the event of injury related to unauthorised stays involving children in The Pool House. No refund will be given if the accommodation is deemed unsuitable after check in.
Check-in and Check-out
Standard check-in time is 2.00 pm on day of arrival. Standard check-out time is by 10.00 am on the day of departure. An additional fee will be charged if you do not check out by 10.00 am. Early arrivals and late check outs are our discretion and must be requested at the time of booking and can only be confirmed one day prior to arrival or departure. Whilst every effort will be made to accommodate early arrivals and late departures, the only way to absolutely ensure early check-in or late check-out is to book an extra night or half day where availability permits. Half day rates are charged at 50% of the nightly tariff and will extend the check out time until 3:00 pm and allow an early check in from 10:00 am. If we are unable to honour the early check in or late check out due to an unforeseen circumstance, a full refund of the fees charged above the tariff will be reimbursed.
NOTE: These times may be adjusted. There will be no refund or credit should these times be adjusted after you have booked the property. Further, we cannot guarantee that a property will be ready at the said check in time. We will endeavour to have the property ready; however, unforeseen circumstances can result in delays.
Self-check-in instructions
Self-check-in details will be emailed you 72 hours prior to your arrival, provided full payment has been made.
Changes to Booking
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 changes are documented.
No refunds are provided for late arrivals, early departures or unused days of your reservation.
Travel Insurance
Guests are encouraged to take out travel insurance to cover extraordinary events
Credit Card Storage
Vacay Co. will securely save credit card details for the purpose of:
1. Processing payments on the due date
2. Charging the guest if:
a) A representative of Vacay Co attends to the property to investigate an issue that is then deemed to be caused by the guest ($50 per callout)
b) A tradesperson attends the property to fix an issue that is deemed to be caused by the guest (invoice cost)
c) Charging $500 per offence should there be a credible noise complaint by the neighbours and/or the police/security are called to the property
d) Charging $1000 per offence if there is evidence of a party or function at the property
e) Charging the cost to repair or replace any malicious, deliberate or negligent damage to the property
f) Charging the cost to steam clean carpets, furnishings, linens etc if evidence there is evidence of pets at the property or there is evidence of smoking inside the property
g) Charging applicable surcharges if pets are at a property without prior consent
h) Charging the cost to remove excess rubbish and/or if the bins were not put out on the bin night, including departure day
We will only charge the guests’ card in accordance with our terms and conditions and any applicable Australian Laws.
Cleaning
This is included in the full tariff. On departure, your accommodation is to be left in a clean and tidy state, however, if excessive cleaning is required over and above what is considered by Vacay Co to be a standard clean, the guest will be charged at cost. Extra cleaning and linen change can be arranged during your stay for an additional charge, at a cost to you. Please contact us for further details.
Rubbish
You must take any excess rubbish with you that does not fit in the provided bins when you leave. If it is bin night during your stay or the day of your departure you are required to put the bins out on the kerb. You will find bin day information in the provided guestbook. You will be charged a tipping fee if excess rubbish is left at the property or if the garbage bin is not put out on bin night as requested.
Smoking
Smoking is not permitted inside any of our properties. If you need to smoke, please do so away from the property to ensure that the smoke does not enter inside the property. If evidence of smoking inside the property is detected, you will be charged for steam cleaning of carpets and furniture, laundering of all soft furnishings and linens, plus replacement of linen where necessary. It is the guest’s responsibility to understand this prior to booking.
Pets
No pets are permitted. Additional cleaning charges will apply if this condition is breached and deducted from your credit card or deposit.
Personal Belongings
You acknowledge that we do not cover your personal belongings under our insurance policy and therefore take no responsibility for any loss or damage of the occupant’s personal property left on the premises and agree that you will not make any claim against us for any damages or loss to your personal belongings regardless of how or where the loss or damage occurred.
Behaviour
Parties or gatherings are strictly prohibited, unless prior arrangements have been made. Disturbance to other accommodation guests and neighbours including excessive noise and music is prohibited and may result in eviction without refund. If a noise complaint is received a first warning will be given, if a second complaint is received this will result in immediate eviction with no refund.
Breakages and Damages
Upon check out accommodation should be left clean and tidy. Damages or breakages of furniture or furnishings must be reported to Management immediately. Breakages or damages to the property and all communal or external areas that are caused by any guest and/or a guest’s visitor will be charged and recouped in full from the guest’s credit card or deducted from the guest’s refundable deposit. Excess cleaning required on departure or replacement of items removed from the accommodation will be charged to the guest’s credit card. Furniture, fixtures and fittings are not to be altered or moved between rooms or properties. If there is a claim taken from a held security deposit, or a charge made to the saved credit card, we will charge an administration fee of $50, to cover our costs to investigate and process the claim. We reserve the right to attend the Queensland Civil and Administrative Tribunal or the equivalent in other states to recover these costs, and any costs not able to be processed to the credit card on file.
Pool Rules
All guests using the pool & spa do so at their own risk. You acknowledge that we are not responsible for accidents or injuries. No diving, running or pushing in pool area. Use of the pool and pool area is permitted between the hours of 8am-7pm only.
Lockouts and loss of keys
Lockouts will incur a standard or after hours call out fee of $50.00 & loss of keys will incur a $250.00 replacement charge.
Commercial Use
The properties are not to be used for commercial use.
Attendance at Property
Vacay Co 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.
Security
To prevent theft of or damage to furnishings or your personal belongings, you agree to close and lock doors and windows when you are not present at the property and upon check out. Should you not be able to secure the property you should contact us immediately. If the property has a key safe, please use it during your stay. Vacay Co will not take responsibility for any loss of guest belongings during or after your stay.
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. Vacay Co and the housekeepers will not take any responsibility for any issues arising where a third party has been involved.
Liabilities
To the maximum extent permitted by law, in no case shall Vacay Co, nor its affiliates, officers, directors, employees, agents or property 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 Vacay Co has been advised of the possibility of such.
No Tenancy
You agree that regardless of your length of stay in there is no tenancy or other rights created under any Landlord and Tenant laws and there are no such laws that apply to your stay.
Changes beyond our control
Compensation will not apply if a significant change is made for reasons beyond our control. These include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, act of government or public authorities or other circumstances amounting to force majeure and/or Acts of God.
Substitution of property and price changes
At times, situations arise over which we have no control such as extensive repairs or maintenance. 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 by our team, you will be refunded in full, and you agree to accept this as final resolution.
Guest Information and Obligations
It is a condition of your stay that you adhere to our Terms and Conditions and that you leave the property promptly and in a clean and tidy state after completing the departure. Guests must always abide by the local council and state planning laws and guidelines regarding short term residential accommodation.
Breach of Terms and Conditions
You agree that, should you or your guests breach any of the terms and conditions: You will pay to us the total loss or damage that we suffer as a result of that breach and hereby authorise us to debit your credit card or apply your refundable deposit in payment of that loss or damage and we may evict you and your guests without notice.
ONLINE STORE TERMS AND CONDITIONS OF SALE
While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.
Payment
You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.
You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.
If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
We currently accept payments processed by Stripe.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as Stripe, AfterPay or ZipPay), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.
Discount Codes and Coupons
We may offer discounts or coupon codes from time to time.
Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).
Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).
Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.
Coupon codes are non-transferable and are not redeemable for cash under any circumstances.
We reserve the right to revoke any discount offer or coupon code at any time without notice.
Gift Vouchers
We sell gift vouchers on our Website. The gift voucher will be emailed to you and may be redeemed on our Website.
It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient.
Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.
Vouchers are redeemable for products or services sold by us on our website only and can’t be refunded, redeemed for cash or applied toward any special, promotion or discounted offer.
Voucher Expiry
Vouchers can be redeemed for one (3) years from the date of purchase and will expire after this date unless:
· the voucher is able to be reloaded or topped up
· it has been donated for promotional purposes
· it is available only for a specified period
· it has been supplied at a genuine discount
· it is part of an employee reward scheme
· it is part of a customer loyalty program
· it is a second-hand gift card
· it is part of a temporary marketing promotion
in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on the voucher and will expire after that date.
Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
Postage and Delivery
We post products to within Australia only. We use delivery service providers to help us get our products to you.
a) Rates
You agree to pay to us postage fees as calculated at checkout.
As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).
Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.
b) Dispatch Timeframes
We process all orders within 48 hours of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders on the same business day or the next business day.
If your purchase is placed during pre-order, a rough estimate for product delivery will be listed at the time of purchase.
If an item is made to order it will be dispatched within 4-12 weeks from your order date, not including delivery.
We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.
You acknowledge that we’re not liable for any delay in dispatch of your order.
c) Delivery Timeframes
Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, your orders should arrive within 21 days, unless advised otherwise.
d) Delivery Address
It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.
e) Orders Lost in Transit
If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
f) Risk
Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.
If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.
Events Beyond Control
As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
Advice and Information
We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.
Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
· replacement of the product;
· repair of the product;
· payment of the cost of having the product repaired; or
· such other fair and reasonable remedy as we are ready and willing to provide.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.
To make an ACL-related claim, please contact us at shop@vacayco.com.au.
Refund Procedure
Please choose carefully as we do not accept returns if you simply change your mind or make a wrong decision.
If you wish to return an item because it is damaged or faulty please email us at hello@vacayco.com.au within 24 hours of receiving the item with photos.
If purchasing large, made to order items our door-to-door services do not include damage protection and items are delivered at your own risk. Please upgrade to Sensitive Freight if you require damage protection, particularly for oversized items or remote locations.
Check your items for any transit damage before signing or accepting your delivery. If your items are not inspected at the time of arrival, this will waive your rights to claiming any necessary compensation should your goods be damaged upon opening.
Intellectual Property
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
Dispute Resolution
If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Queensland (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.
Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).
Variation
We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.
Severance
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.
Termination
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.
Jurisdiction
As we are based in Queensland, these terms will be governed by the laws of Queensland. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Queensland and courts of appeal from them.
This document was last updated: 17/11/21