Conditions of Letting
1) Licence not a Tenancy
The booking with Ray White Byron Bay is not a residential tenancy agreement under the NSW Residential Tenancy legislation. Failure to comply with any of the Guest's fundamental obligations and the terms and conditions of the property may result in immediate termination and eviction. Refunds will not be paid on terminated occupancies.
2) Number of Persons, Noise, Parties and Functions
Properties are for house guests only. No outside guests are permitted on the premises without pre-arrangement from Ray White Byron Bay. The number of occupants must not exceed the number of persons shown on your confirmation. Any increase in numbers must be agreed in advance and may incur additional fees.
Excessive noise, parties and functions are not permitted as they can cause disruption to neighbours as well as nearby residents and other holiday makers. If an unauthorised function is held at the property the bond processed for the booking will be retained and additional fees may apply.
No noise between 10pm and 8am with no excessive noise at any other time. Clear spas, decks and pools between 10pm and 8am. Noise means not one neighbour is woken by any means, particularly noise on arrivals and departures.
3) Noisy Neighbour Hotline
The Holiday Letting Organisation operate a noisy neighbour hotline in Byron Bay who respond to noise complaints by neighbours, residents, and other holiday makers. If a complaint of excessive noise or anti-social behaviour is received, security will be dispatched to investigate and may result in a $200 call-out charge. A report will be received by Ray White Byron Bay office with information as to whether a fee has been charged. This fee will be taken from the guest’s security deposit and is non-negotiable.
If a second security call-out with fee payable is received at any time during a guest’s stay, all guests at the premises will be evicted from the premises by security without refund of rent or bond.
4) Inappropriate Bookings and Schoolies
Ray White Byron Bay does not rent to groups under the age of 21 without a parent present. This excludes the designated Schoolies weeks in which you must notify the agent at the time of booking for approval and to receive our separate Schoolies Conditions of Letting. As a duty of care to our properties the management reserves the right to refuse any bookings that we feel may be inappropriate or fall across the Schoolies dates.
Please be aware these conditions of letting DO NOT apply to SCHOOLIES bookings.
5) Christmas and New Year Bookings
If a booking covers both Christmas Day and New Year’s Eve, the booking must be at least 12 days in length. Other booking date restrictions may apply as advised by Ray White Byron Bay. New Year’s bookings that commence on 26th Dec or early January bookings that commence on 1st or 2nd January must have pre-approval from Ray White Byron Bay and will only be approved if suitable in relation to other existing bookings over those peak periods.
6) Check-in and Check-out
Check-in is available from 2pm on the day of arrival. Check-out is 10.00am on the day of departure.
Ray White Byron Bay will try to accommodate requests for early check-in/late check-out however they are subject to availability (i.e. other bookings in place, cleaners available to accommodate the request, maintenance schedule) and fees may apply. Despite any early applications, approval will only be granted 1-2 days prior to entry/departure if available. Early requests do not guarantee early access/late checkout unless a full day’s rate is paid.
Guests are required to contact our office 1-2 working days prior to the date of the early check-in/late check-out to make final arrangements which will be recorded in the booking details.
Keys can be collected and must be returned to our main office at 15 Fletcher Street, Byron Bay. Our business hours are MON-FRI 9am to 5pm, SAT 9am to 4pm, SUN office is closed. For after hour’s collection we use a key safe which is located to the right hand side of our office doors. To open, enter the code, your keys will be in an envelope clearly marked with the booking name. Code can be obtained by calling the office on 02 6685 6222. Please make sure the safe is closed securely once your keys have been collected. For after hours return of keys we have an afterhours return slot in our front door. If any guest keys are lost or misplaced, ALL locks for that property must be changed by a locksmith at a cost [in the vicinity of $150 to $800] to the holiday guest. All guests are to maintain the security of the property at all times. An $80 call-out fee will be charged to the security bond when keys are to be made available from 5pm – 9pm, 9pm – late: $165
Linen and towels are provided at all properties with the exception of The Beach Bungalow, Carinya, Gilmore Court 3, 6/15 Kipling Street, Palm Valley Drive 1/2/3. Beach towels are not provided however can be arranged at an additional cost.
9) Deposit, Security Bond and Booking Fee
A deposit of 50% of total rent plus $49 booking fee is required at time of booking. Final payment is due 30 days prior to arrival. If the booking is made within 30 days of arrival, full payment will be required at the time of booking. Payment can be made by cheque, bank transfer or credit card on our website. Please note there is a credit card fee of 2.5% for Visa and Mastercard. Amex payments must be made by phone with a fee of 2.64%
** Security Bond
A security bond of $1000 will be processed 1-3 working days prior to check-in ($2000 for schoolies bookings). The bond will be processed as a pre-authorisation on the guest’s nominated VISA or MASTERCARD (we do not accept bank transfers or cash for bond payments unless by special arrangement). The funds will be frozen by the guest’s issuing bank for a period of 7-10 working days and will be automatically released as long as there are no issues. Once released, the funds will become available on the guest’s card again, and there will be no transaction documented on the credit card statement.
Bond deductions are rare, however when they occur, Ray White Byron Bay will advise the guest of details of any charges and these will be forwarded by email. Considerable administration is required and a $55 fee will apply.
** Booking Fee
A $49 non-refundable booking fee will be applied to all bookings.
10) Cancellations and Date Changes
All cancellations will incur a $110 administration fee and the non-refundable $49 booking fee. If in the unfortunate event that this office has to cancel you’re booking naturally a full refund will be made.
If the booking is cancelled 3 months or more prior to commencement date the deposit will be refunded minus the administration and booking fee.
If the booking is cancelled less than 3 months prior to commencement date, any refund is subject to a confirmed re-booking of the premises for the total booked period.
Refunds are not available when shortening your stay.
** Date Changes
Date changes are only possible at the discretion of Ray White Byron Bay and may incur cancellation fees as well as rent charges (against the original booking). Any additional rent charges due to changes in season will apply.
11) Changes Made by Ray White Byron Bay
All bookings are made in good faith of ongoing holiday letting by owners however maybe subject to change and Ray White Byron Bay cannot accept responsibility for actions taken by the owner(s) of the property which are outside its control. Reasonable actions will be made by Ray White Byron Bay to offer alternative accommodation should this occur.
In the event that the property booked is listed for sale, the guest agrees to allow the owner or agent to inspect the property with the prospective purchasers, by appointment and during reasonable hours.
Property tariffs may change online at any time without notice.
12) Property Presentation
The description of the premises is given in good faith; no responsibility for misrepresentation will be accepted.
Many of Ray White Byron Bay properties are located in suburban locations where, from time to time, there may be building / construction on houses within the nearby vicinity of the property booked. Ray White Byron Bay takes no responsibility for any issues relating to noise on neighbouring properties.
Guests’ actions, conduct and safety are the responsibility of the guests. The agent and owner(s) of this property do not condone: unsafe, irresponsible or illegal actions/behaviour etc. on or off the premises, during a stay or at any other time.
A condition of entering and/or staying at this property means that all guests understand and agree to indemnify the agent and owner(s) against any responsibility or action(s) (legal or other), due to any action(s), incident(s), loss or injury(s) while within or outside of the premises (including, but not limited to, the grounds, facilities, structures, etc.) during a stay or at any other time.
14) No Smoking
For the comfort of all our guests, smoking is not permitted. Any damages or excess cleaning caused by smoking on or inside the premises will be taken from bond.
15) Excess Cleaning, Damages and Charges
** Excess Cleaning
Ray White Byron Bay requests guests to leave the property as it was found to avoid extra cleaning charges. This includes washing dishes and placing these back in an neat and tidy manner in cupboards, placement of rubbish in the outside bins provided and thorough cleaning of the BBQ. Cleaning contractors will strip beds, clean floors, surfaces and bathrooms, however excessively dirty walls/floors/surfaces and linen will be charged.
In the event of breakages, damages and lost items, Ray White Byron Bay requests that guests contact the office to report the incident as soon as possible. Damages may be deducted from bond (or credit card supplied if the charges are higher than the bond processed).
** Movement of Items Within/Between Properties
Ray White Byron Bay has a strict policy on moving items or furniture (indoor and/or outdoor) within a property, or in the case of bookings across multiple properties, from house to house. Movements may cause unnecessary damage to items and the property itself, and can cause excess cleaning time due to complex housekeeping inventory checks. Any damages/excess cleaning caused by movement of items or furniture will be taken from bond.
Some properties provide wireless internet for guests for the purpose of email, perusing social media, and web browsing. It is not provided for video streaming or downloading e.g. movies/shows. Usage is not unlimited and is monitored by Ray White Byron Bay. Excess usage may be charged and deducted from bond.
** Rubbish Collection and Excess Rubbish
Byron Bay has a 3 bin collection service for organic waste, recycling, and general (landfill) waste. Information is provided at each property to assist guests in sorting rubbish appropriately. Bins are checked prior to each arrival and after each departure. Contaminated bins will not be collected and a private contractor will be organised to remove the bin contents and charges will be deducted from bond.
Ray White Byron Bay requests guests put all rubbish in the appropriate bins provided outside no later than the night before collection (indicated in the property compendium). Please ensure the rubbish is put out at a reasonable hour so as not to cause noise and disrupt the neighbourhood (e.g. with recycling bottles). The bin lids must be able to close for the collection. Some properties have a service where the outdoor bins are put out for guests – this will also be indicated in the property compendium. Where the service is not available or offered by the property, the guests must put the bins out for collection themselves.
If the bins are not put out or if there is excess rubbish upon check out, a private contractor will be organised to empty the bins and charges will be deducted from bond.
Each property listing available on the relevant Ray White Byron Bay website outlines the number of off-street parks available and number of cars permitted at the property. On-street parking is not provided or guaranteed for guests or visitors. Ray White Byron Bay cannot be held responsible or liable for any fines or penalties incurred by guests or visitors from parking on the street (where local parking restrictions/metered parking applies).
** Byron Bay Only:
Metered parking has been implemented throughout the Byron Bay town centre and surrounding residential area as of Dec 2015 (see the map for paid parking time limits on the Byron Bay Council website at http://www.byron.nsw.gov.au).
17) Personal and Lost Property
No responsibility will be taken by Ray White Byron Bay for guest’s personal property. If items are left at a property the office will contact the cleaners to determine whether the items were located. If located, guests are required to send a postage paid, return addressed envelope to the office for the items to be returned. Return costs and tracking of items are the guest’s responsibility.
18) Animals and Pets
Pets are only permitted at pet-friendly properties with an additional $500 added the security bond and only if pre-arranged with and approved by Ray White Byron Bay. Pet friendly terms and conditions must be agreed to, and any damages caused will be deducted by bond. This permission is provided on a case by case basis and is subject to the following terms and conditions. All pets are to remain outside, however small and toy breeds may be allowed inside following specific approval.
Guests must ensure their dog:
Is groomed to avoid moulting and is cleaned prior to entering the house to avoid marks to the property
Has had up to date worming, flea treatments, vaccinations
Has had nails trimmed to avoid scratches to the floors and furnishings
Does not jump up on beds, furniture or rugs (indoors or outdoors)
Is not left unattended as excessive barking may result in complaints from neighbours. If noise complaints are received and the pet cannot be quietened, guests will be required to remove the dog from the property at their own expense.
Additional cleaning charges may apply should pet hair, urine, fleas or any evidence (including smell) of the pet be left behind when guests leave. It is advised for pets to wear tick/flea collars to avoid bringing or picking up ticks/fleas to/from the area.
Ray White Byron Bay accepts no responsibility for death of, loss of, injury or sickness to pets during the accommodation period - full and sole responsibility for the pet and its actions lie with the pet owner and upon acceptance of terms and conditions the guest agree that no legal action (including payment of veterinary accounts) will be taken against the landlord and that no discussion will be entered into. Please be aware that some properties have not been designed to be pet friendly.
Guests are agreeing to these terms and conditions when a booking is confirmed and payment is made. Any breach of the above conditions of letting, as agreed by both parties, permits the owner or Ray White Byron Bay to refuse entry, amend the rent or immediately terminate the letting.