Terms and Conditions

 

Winning Holidays Terms & Conditions

Payment Information
For all bookings, 50% of the tariff plus administration fee, is required as a deposit to confirm the booking and is payable within two (2) days from the date you made the booking. Balance of all outstanding monies is due seven (7) days prior to your arrival, with the exception of Christmas bookings (from Boxing Day to end of NSW public school holidays), where the balance is due on or before 1st November. Payment may be made by bank cheque (made payable Winning Holidays), money order, EFTPOS, Mastercard, Visa, American Express, direct deposit or travellers cheques (AUD). Please note there is a surcharge on all credit card transactions.

Upon arrival, you are required to leave a security deposit in order to collect keys. The security deposit is taken via a pre-authorisation of a valid credit card, or cash.

Check in Times and Key Collection
Most properties are available from 2pm (Amarna Resort guests from 3pm) on your day of arrival with a vacate time of 10am on the date of your departure as shown on your booking confirmation. Keys will be available for collection from Winning Holidays, Bay Village Shopping Centre, 47 Shoal Bay Road, Shoal Bay after 2pm or as otherwise directed (Amarna Resort guests collect keys at the Amarna Resort reception). Our office hours are Monday to Friday 9am to 5pm (excluding public holidays) and Saturdays 9am to 4pm.Please note that our office is closed on Sundays. If special arrangements are required for collection of keys after hours or on a Sunday a $20 cash service charge is applicable ($30 on public holidays). This fee is subject to revision at any time without notice. Any late departures will incur a $50 fee. A maximum of two sets of keys per stay can be provided. Please note that only one remote/fob is provided.

Guest Registration and Security Deposit
A Guest registration form is required to be completed for all bookings. The registration form requests details of your name, address, drivers licence number and valid credit card. A pre-authorisation for the applicable security deposit will be made with the minimum payment generally not less than $200, however amounts vary upwards depending on the Owners requirements. An increased security deposit may be incurred for group bookings or specific properties at our discretion. Your personal details are retained subject to our Privacy Policy. The security deposit balance will be released to your card or (in the case of cash) returned by cheque within 14 days of your departure date.

Cancellations
If you cancel your accommodation and we can secure a replacement booking for the same period and at the same tariff, your deposit will be refunded less a $100.00 administration fee. If however the Property cannot be relet, your deposit is not refundable. If you shorten your stay, the unused portion of your rental is not refundable. Winning Holidays retain the right to negotiate the tariff or length of stay to obtain a booking on a cancelled booking as we deem necessary. Please note that a change of booking dates attracts the same conditions for cancellations as stated herein.

If you cancel any booking made through Stayz, Rent-a-home or other provider you may be required to pay further fees to those providers. Any costs imposed by any other provider are in addition to any costs imposed by Winning Holidays.

Bad Books Register and Schoolies or Party Bookings
Winning Holidays participate in the Bad Book register. By accepting this booking you hereby agree that if you or any occupant covered by this booking, including any Guests, breach our Terms and Conditions, your Name, Phone Number and Email address along with details of the breach/breaches may be disclosed to the Property Owner and/or other Agents participating in the Bad Book register. Winning Holidays reserves the right to refuse or cancel a booking where a Guest may be registered on Bad Books.

Schoolies or any similar party bookings such as bucks parties cannot be accepted. Any schoolies bookings carried out by parents or others to circumvent our terms and conditions will result in immediate eviction from the Property by our security contractors and local Police (if required).

Linen, Towelling & Toiletries
Bed linen and bath towelling are provided in almost all properties where the booking was made after 24/8/2015 (unless specifically excluded in the property listing). Toiletries are generally not provided so please bring your own. Blankets and/or doonas and pillows are supplied in all properties. Tea, coffee, sugar, washing powders, soap, shampoo, toilet paper, tea towels and other items are generally not supplied in properties.

Use of the Property & Eviction
The Property is a residential dwelling within the Port Stephens community. The Property is to be used strictly as a residential dwelling by the Guests and the number of occupants must not exceed the maximum set by Winning Holidays. Where the Property is a strata or community title property all occupants must abide by the building rules and by-laws. The Property is not to be used for any other purpose or by any greater number of occupants. The use of the Property for a function, party or other like gathering is STRICTLY PROHIBITED. If you use the Property for a function, party or other like gathering:
(a) Your stay at the Property will be terminated;
(b) All Guests and other occupants of the Property will be removed from it by our Security Contractors and local Police (if required);
(c) All monies paid will be forfeited. In addition the Guest agrees to pay for the cost of the Security Contractors, Police noise abatement orders ($220.00 per complaint) and noise pollution fines imposed by Port Stephens Council ($1,500.00).

Number of Occupants & Vehicles
Each holiday Property is equipped for a specific number of Guests. It is against Health Department regulations for more persons to occupy a property than there are beds to accommodate them. No mattresses, tents or caravans, or more cars than the property accommodates are allowed. If a property is reported to be overcrowded the guests will be asked to vacate with no refund made.

If required, we can arrange cots for young children at an additional charge.

Parking of vehicles should only be parked in spaces provided with the property. Any additional vehicles MUST NOT be parked in any other space and MUST NOT be parked on nature strips outside of the property.

All Properties Privately Owned
All properties under Winning Holidays management are privately owned and are rented on a fully self- contained basis. In most cases the Owner of the Property also uses the Property from time to time. Winning Holidays acts as letting and managing agent for the Property and are required by law to seek and act on the instructions of the Owner of the property, even if Winning Holidays may disagree with those instructions (provided those instructions are within the law).

Property Description
Winning Holidays describe the premises, position and furnishings to the best of their ability and in good faith. Images of the Property in any brochure or on any website are to be taken as a general indication of the appearance of the Property, for example it is possible that furniture has been replaced or moved. No responsibility or refunds for alleged false or misleading descriptions can be accepted.

Property Tariffs
Please note that every effort has been made to maintain the accuracy of the property tariffs, however Winning Holidays reserves the right to correct changes and adjust prices from time to time as errors may occur. You will be advised of any adjustments as soon as practicable. Rules may also apply at different times that dictate the minimum number of days for a particular rate to apply, or that require arrival on a particular day of the week with weekly bookings etc.

Internet Connection, TV Reception and Foxtel
The Property may have a broadband internet connection (wired or wireless).The operation of any internet connection during your stay is not guaranteed and may be disrupted or unavailable. The Guest will not hold Winning Holidays or the Owner liable for the availability or disruption in any internet connection.

TV and Foxtel reception can be unreliable in times of high wind or storm. Depending on the location of the Property there may be low signal strength. The Guest will not hold Winning Holidays or the Owner liable for any disruption in TV or Foxtel reception.

If Foxtel is provided at the Property the extent of available channels will vary from Property to Property depending on the account the Owner has set up with Foxtel. The Guest will not hold Winning Holidays or the Owner liable for any channels that are unavailable.

Gym Equipment, Pools and Spas
Use of gymnasium equipment in the Property (if any) by the Guest or any occupant occurs solely at the risk of the person using that equipment. Children must be prevented from using any gym equipment.

Use of the swimming pool and/or spa (if any) by the Guest or any occupant, supervision of children and others must be ensured at all times.

Inspections
If Winning Holidays believes that these Terms and Conditions may have been or are being breached, Winning Holidays and/or our Security Contractors may inspect the Property at any time during your stay without notice. At all other times during your stay Winning Holidays will provide 24 hours notice of any inspection that may be required for maintenance or other management reasons.

Pets
Pets are generally not allowed, however, we do have a number of houses that will allow a dog or cat at an extra fee. Owners that do not want pets in their Property, and strata and community title by-laws that ban pets from being within any strata or community plan may require the termination of your stay without compensation if you arrive with a Pet and do not remove it from the Property. Any additional cleaning costs will be charged or removed from the security deposit.

Cleaning and Garbage
Garbage bins are provided with all properties. Please ensure that all garbage is removed from your Holiday Property and placed in the bins provided. Please refer to the Compendium in your Holiday Property for garbage collection day. You are required to place the bin on the kerbside for collection with the handle facing the Property. Any excess garbage can be taken to the Port Stephens Waste Transfer Centre, Soldiers Point Road, Salamander Bay.

Security and Break Ins
All Guests are responsible for keeping the Property secure during their stay and will be responsible for any theft or damage to the Owners Property due to neglect in this area. It is important to ensure all windows and doors are closed and locked prior to departing the Property.

Discounts
In the event of minor faults and/or malfunctions of appliances or inclusions, there is no obligation from the Owner or Winning Holidays to compensate or discount.

Moving Your Booking to Another Property
At times situations arise of which we have no control, which may include damage to the Property you have booked occurring prior to your stay. Winning Holidays reserves the right to move visitors to alternate accommodation (subject to availability) at their discretion or the direct instruction of the Property Owner. If this is the case, we will notify you as soon as possible and make every reasonable effort to make sure you are satisfied with your new accommodation.

Indemnity
No liability is accepted for any injury, debt, damage, loss, delay, expense or inconvenience caused directly or indirectly by events beyond the Agent or Owners control. No responsibility is taken for Guests personal Property left on or near the premises. It is recommended that Guests take out personal Property insurance or adequate travel insurance should any unexpected situations arise before or during your travel period.

Damage and Breakages
All Guests are responsible for any loss or damage arising from breakages or other damage to the unit or common Property during their stay, including any additional cleaning, removal of excess garbage, repairs or replacement of items in the Property. Please respect the Owner's Property and do not move furniture around. A fee may be charged should this occur. If your Property is a unit please do not move items from Property to Property, any inventory items that cannot be immediately identified will be charged as a replacement to you.

Claims on Security Deposit
In the event a claim from the security deposit is made an administration charge of $75 will also be payable to Winning Holidays.

Lost Keys
If keys to the Property are lost the Guest will be responsible for the changing of the locks and the cutting of 6 new sets of keys (2 Guest keys, 1 Owners key, 1 Agents key, 1 trades key and 1 cleaners key). Likewise the replacement cost of any lost remotes, tags or fobs will be charged to the Guest. The keys are your responsibility so please take care of them.

Locked Out

Should a Guest lock themselves out of their property during office hours, they may contact Winning Holidays who will make every reasonable endeavour to provide spare keys at no cost. Should a guest lock themselves out of the property outside business hours, a locksmith service will be engaged to affect entry. The Guest will be liable for any and all locksmith costs involved in gaining entry to premises.

Mail, Messages and Deliveries
Unfortunately we do not deliver messages and mailbox keys cannot be supplied. If you are expecting mail please have it directed C/-Nelson Bay Post Office or C/- Winning Holidays, PO Box 189 Nelson Bay NSW 2315 and check every so often at our Shoal Bay office.

Lost Property
If requested we will endeavour to recover and return items of value inadvertently left at the Property, but take absolutely no responsibility for the recovery or return. Postage, packaging and the cost of sending out a staff member to search for the item will need to be paid in advance; a minimum cost of $20.00 applies. Items found and delivered to us by the Property cleaners will be held for claiming for a maximum of 2 weeks and if not claimed will be disposed of.

Property Refurbishment
In the case of refurbishment or Owners instructions, rental rates may be subject to increase without notice. Should this occur you will be notified and given the opportunity to pay the difference in tariff or receive a full refund of your deposit. We will also offer you alternate accommodation if possible.

Property Tariffs
Please note that every effort has been made to maintain accuracy of property tariffs, however Winning Holidays reserves the right to correct changes and adjust prices from time to time as errors may occur. You will be advised of any adjustments to prices when a booking is confirmed. Rules may also apply at different times that dictate the minimum number of days for a particular rate to apply, or that require arrival on a particular day of the week with weekly bookings etc.

Unnecessary Call Outs
Should a tradesperson be sent out upon your request to carry out a repair that was unnecessary, the cost of the callout will be charged to you. Common examples include not correctly operating televisions, ovens and washing machines.

Sale of the Property
When a booking is made, the deposit is accepted for the Owner at that time. If the Property is sold and the Ownership changes before your holiday, we cannot guarantee that the Property will remain available. Some Owners will keep the Property as a holiday rental, in which case your booking may not be affected. However if the Owner decides to move in to the Property or not rent the Property it will no longer be available. If the Property is sold, we will notify you as soon as practicable. We will do our best to organise alternative accommodation. If you choose to cancel altogether there are no cancellation fees and any payments you have made will be returned in full.
If your holiday Property is listed for sale while you are in residence, you agree to allow the Owner or Agent to conduct inspections with prospective purchasers only at mutually convenient times, by appointment.

Re-bookings for the Christmas Holiday Season
With the high demand of annual Christmas re-bookings, please arrange re-booking of the same Property during your occupancy. A holding deposit of $140.00 is payable at the time of booking. You only hold the right to rebook the same Property for the corresponding dates in the following year until 5.00pm on the date of your departure. For all Christmas bookings, the balance of the 50% deposit must be paid by 31st May with full payment due by 1st November.

Governing Law & GST
The Law of NSW governs your use and occupation of the Property during this reservation. All amounts indicated in this section include GST. Winning Holidays acts as the Agent for the Owner, and as such no GST is charged in relation to the supply of accommodation. Accommodation services are provided for and on behalf of the Owner of the Property as residential accommodation with the Agent acting as Letting Agent. The supply is input taxed in accordance with the ATOs GST ruling 2000/20 sections 51 to 61.