These Website Terms & Conditions apply to bookings made directly with Joanne Stewart (“Host”, “we”, “us” or “our”) through the Manly Oasis website at manlyoasis.com for accommodation at Manly Oasis or Queenscliff Oasis (each a “Property”).
By making a booking through our website and confirming acceptance of these Terms & Conditions where required, you agree to the applicable terms set out below.
The details displayed in your booking confirmation, including the Property, arrival and departure dates, number of Guests, accommodation fees and any other applicable charges, form part of your booking arrangements.
Bookings are subject to:
The booking confirmation, applicable cancellation policy, Property rules, fees and any other conditions disclosed and accepted as part of the booking also apply.
Bookings provide permission to use the Property for the period specified in the booking, subject to the applicable booking terms and conditions.
Accommodation is provided under a licence to occupy for the agreed booking period and is not intended to create a residential tenancy.
The Host or the Host's authorised representatives may enter the Property at any time upon reasonable notice being given to the Guest where practicable, including for maintenance, repairs, emergencies or to protect the Property.
The Guest must pay the accommodation fee, cleaning fee, security deposit and any other charges specified during the booking process or subsequently agreed in writing.
Payment amounts, due dates and payment methods are those specified during the booking process or otherwise communicated by the Host.
All amounts are in Australian dollars unless otherwise stated.
Where a security deposit is required, the amount and applicable arrangements will be specified during the booking process or otherwise communicated by the Host.
The Host may apply all or part of the security deposit towards amounts reasonably payable as a result of damage, loss, additional cleaning, missing items or a breach of the applicable booking terms.
If damage or loss exceeds the security deposit, the Guest remains liable for the additional amount reasonably required to compensate the Host for that loss or damage.
Any balance of the security deposit not required will be returned in accordance with the applicable booking arrangements.
Check-in and check-out times are those specified in the booking confirmation or check-in information provided by the Host.
Guests must vacate the Property by the applicable check-out time unless a different time has been agreed in writing by the Host.
A cleaning fee may apply as specified during booking.
Guests must leave the Property and its contents in a reasonably clean, neat and tidy condition.
Before departure, Guests must clean used dishes, remove food from refrigerators where requested and dispose of rubbish in accordance with the Host's instructions.
The Host may charge the Guest for additional cleaning or repairs reasonably required as a result of the Guest's use of the Property where these costs exceed the standard departure cleaning included in the booking.
The cancellation policy displayed and accepted at the time of booking forms part of the booking arrangements.
Any cancellation must be made in accordance with that policy.
Nothing in these Terms & Conditions excludes or limits any rights or remedies that cannot lawfully be excluded, including rights under the Australian Consumer Law.
In the unlikely event that the Host must cancel or alter a booking before the arrival date, for example because of fire or other damage to the Property, the Host will:
The number of people occupying the Property must not exceed the maximum occupancy specified for the Property or the number of Guests included in the booking, whichever is lower, unless otherwise approved in writing by the Host.
Only registered Guests may stay overnight at the Property unless prior written approval has been obtained from the Host.
The person making the booking is responsible for ensuring that the number of Guests and other information supplied in connection with the booking is accurate and complete.
Children are permitted where allowed for the Property.
Guests are responsible for supervising children and ensuring that they comply with these Terms & Conditions and the applicable Property rules.
Smoking and vaping are prohibited inside the Property, on the balcony and in any other areas designated as non-smoking by the Host, building rules or applicable law.
Pets or animals must not be brought onto the Property unless expressly permitted as part of the booking or approved in writing by the Host.
Guests must not do anything that may reasonably be considered to cause a nuisance or annoyance to the Host, neighbours or other persons in proximity to the Property.
Guests must respect neighbours and must not create excessive noise, including through loud music or other activities.
If Guests cause an unreasonable nuisance or annoyance, excessive noise disturbs neighbours or other persons, police are called in relation to nuisance or excessive noise caused by Guests, or complaints are made about nuisance, annoyance or excessive noise caused by Guests, the Host reserves the right to terminate the booking arrangements and require the Guests to vacate the Property immediately, subject to applicable law.
Any entitlement to a refund in these circumstances is subject to the applicable booking terms and any rights or remedies that cannot lawfully be excluded.
Guests must:
Guests are responsible for loss or damage caused by themselves, other members of their booking party or their invitees.
Guests are responsible for taking reasonable precautions to safeguard their personal belongings.
Guests and their invitees must exercise reasonable care for their own safety and the safety of others and comply with safety instructions and signage at the Property.
To the maximum extent permitted by law, the Host is not liable for loss, injury or damage suffered in connection with use of the Property, except to the extent caused by the Host's negligence, breach of the applicable agreement or other liability that cannot lawfully be excluded.
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded or restricted.
The Host's failure to exercise or enforce any right or provision of these Terms & Conditions does not constitute a waiver of that right or provision.
Guests are responsible for loss or damage reasonably suffered by the Host as a result of a breach of the applicable booking terms or the acts or omissions of Guests or their invitees.
To the maximum extent permitted by law, Guests are responsible for claims, losses, damage, liabilities, reasonable legal fees and other reasonable costs arising from their use of the Property, the acts or omissions of Guests or their invitees, or a breach of the applicable booking terms.
Any such responsibility does not extend to the extent that the relevant loss, damage or liability is caused or contributed to by the negligence, wilful misconduct or breach of the applicable agreement by the Host or another relevant party, or to the extent liability cannot lawfully be excluded.
A breach or anticipated breach by Guests of the applicable booking terms may entitle the Host to terminate or alter the booking and/or require the Guests to vacate the Property, subject to applicable law.
Where a booking is cancelled or Guests are required to vacate the Property as a result of a breach, any entitlement to a refund is subject to the applicable booking terms and any rights or remedies that cannot lawfully be excluded.
The Host may also recover amounts reasonably payable as a result of a breach, subject to applicable law.
The person making the booking is the primary contact for the booking and is responsible for managing the booking on behalf of all Guests.
The person making the booking must:
All Guests aged 18 years and over must provide valid government-issued photo identification to the Host before check-in.
Guests must notify the Host promptly if there is a problem with the Property or its facilities, including appliances, Wi-Fi, plumbing, electrical systems or other equipment, so that the Host has a reasonable opportunity to investigate and remedy the problem.
Any entitlement to a refund of the accommodation fee for a period during which an item or facility is not working is subject to the applicable booking terms and any rights or remedies that cannot lawfully be excluded.
In an emergency, call 000 for Police, Fire or Ambulance.
Guests should also notify the Host as soon as reasonably practicable where an emergency affects the Property.
These Terms & Conditions and the applicable booking arrangements are governed by the laws of New South Wales, Australia, and the parties submit to the jurisdiction of the courts and tribunals of New South Wales.
If any provision of these Terms & Conditions is invalid or unenforceable, it will be read down to the extent necessary or, where that is not possible, severed. The remaining provisions will continue in effect.
These Website Terms & Conditions are to be read together with the booking confirmation, applicable cancellation policy, Property rules, fees and other conditions disclosed and accepted as part of the booking.
Where a separate written Licence Agreement is entered into between the Host and Guest for the same booking, the terms of that separately executed Licence Agreement will prevail to the extent of any inconsistency.
Nothing in these Terms & Conditions excludes or limits any rights or remedies that cannot lawfully be excluded or limited.