Bay and Bush Cottages - Jervis Bay

Terms & Conditions

1. DEFINITIONS
“Booking” means the period for which you have paid to stay at the Property.
“Property” means Bay and Bush Cottages - Jervis Bay and all its fixtures, fittings and equipment.
“Management” means the owners and managers of the Property.
"Guests" means the persons who stay overnight in the Property during the Booking.
In these T&C’s, the person making a booking for and all persons who stay at a Bay and Bush Cottages (“Cottage”) are referred to as “You, Your”; Bay and Bush Cottages, third party booking agencies including on-line websites and any other party associated with Bay and Bush Cottages which is authorised to make a booking are referred to as “Us, We, Our”;

2. ACCEPTANCE & RESPONSIBILITY.
Payment of the Deposit constitutes acceptance of these Terms and Conditions.

3. BOOKING AND PAYMENTS
Bookings can be made at bayandbush.com.au, through third-party booking agencies and authorised providers or by phoning Reservations on +612 4480 3338 (9am to 6pm Monday to Friday only);
Bookings are subject to availability and pricing at the time. Conditions and exclusions may apply;
We reserve the right to refuse any booking; to re let Cottage if not occupied within 24hrs of arrival date (unless otherwise informed).
Weekend bookings are subject to a minimum two (2) night stay. Weekend days are Friday, Saturday, Sunday and Public Holidays and include Thursday if booked with a Friday and the day either side of a Public Holiday;
Room rates for extra guests are charged as per Our Pricing Schedule. The number of guests permitted to occupy a Cottage is limited to its stated capacity and failure to adhere to this will mean a charge of $150 per person per night and / or immediate cancellation of the booking with no refund.
At the time of booking a deposit of 50% is taken. Balance payable on the day of arrival. Bookings made directly over the phone and payments taken by credit card adhere to all terms and conditions of the stated booking and cancellation policies stated and must agree with having credit card details kept on file to be used for security bond purposes, when and where damages or fees owed are applied. A Security Bond is required for all bookings and varies from $300 per cottage. This is to be paid on check-in. The bond is refunded to you within 7-21 working days following an inspection provided the premises are left in the same condition as at the start of the booking. This excludes cottages booked as part of a Wedding Booking Agreement. The Agreement is a binding contract and full payment will be payable as per the Wedding Terms & Conditions Terms of Payment;
If We do not have Your current credit card details, You agree to provide them when contacted by Us;
*There is a 2% surcharge for debit/credit and AMEX card payments
**A Security Bond is required for all bookings and varies from $300 per cottage. The Security bond is refundable if there are no damages.
If You wish to change or vary a booking (e.g. date or length of stay, Cottage type or number of guests), such change is subject to:
- Availability and pricing applicable at the time; and
- Our agreement, in Our absolute discretion.
A surcharge will apply to payments made by credit card.
Surcharges will be disclosed at the time of booking.

4. SECURITY BOND
Bond is required for all bookings. A Security Bond amount varies from $300-$5000 depending on the property and is required with the Deposit or may be taken any time from 14 days prior to arrival or up to 14 days post check out. The security bond is refunded to you within 7-21 working days following an inspection and subject to the further conditions in this agreement, provided the premises are left in the same condition as at the start of the booking.
Bookings made directly over the phone and payments taken by credit card adhere to all terms and conditions of the stated booking and cancellation policies stated and must agree with having credit card details kept on file to be used for security bond purposes, when and where damages or fees owed are applied.

5. UNAVAILABILITY OR CANCELLATION BY OWNER
If the Property becomes unavailable for occupancy due to unforeseen circumstances (eg. fire, storm, damage, double booking) then we will inform you immediately and endeavour to obtain suitable alternative accommodation failing which, any moneys paid will be refunded in full.
We reserve the right in Our absolute discretion to cancel Your booking at any time due to unforeseen circumstances which affect in any way Our ability to deliver Your booking and/or services associated with Your booking. A total refund will be made via SecurePay or EFT within 48hrs of cancellation.

6. CANCELLATION
Cancellations affect Us greatly, therefore a refund in respect of a cancelled or aborted booking is available only as set out below:
- A 50% deposit is required to secure your booking, the outstanding amount owed is due on the day of arrival. Excludes promotion and packages.
- Cancellations and date changes more than 14 days from date of arrival are subject to a $75 administration fee.
- Cancellations with less than 14 days notice will occur a 50% cancellation fee per booking.
- Cancellations with less than 48hrs notice, no-shows and/or incomplete stays will be charged for the full value of the booking as well as extras added to the booking such as food hampers, spa treatments for example but not limited.

All cancellations must be received in writing. Cancellation fees apply to any and all circumstances.

Weddings, conferences and group bookings: cancellations between 30 & 90-days prior to check-in will result in loss of deposit. Cancellations with less than 30-days notice will be liable for the total cost of accommodation booked (excluding meals). Cancellations less that 14-days from check-in will be liable for the total cost of accommodation & catering.

COVID-19 affected bookings: Should a government mandated intrastate or interstate travel restriction, lockdown be enforced that prevents you from travelling on your booked date or if you are experiencing COVID-19 symptoms and are required to test and isolate (a PCR test certificate will be required) we will move your booking to a future date within 12 months, with no penalty. If you do not have a future date in mind, we will hold the amount paid as credit to be used within 12 months. If you wish to cancel your booking, our full cancellation fee will apply.

7. CHECK IN/ OUT
Check-In commences at 2:00pm on the day of arrival;
Early arrivals may be granted upon request, based on availability. A guest who requires a room prior to the standard check in of 2pm is recommended to include the previous night when making a reservation. An additional fee of up to 100% of one night’s room rate may apply for arrivals before 2pm.
Check-Out is by 10:00am on the day of departure. Late checkouts after 10am can only be confirmed the morning of departure.
Guests checking out after 10am will be charged a fee of $50AUD per hour until 5pm. Check-outs after 4pm will incur a full night fee.
Allocation of Your Cottage is solely at Our discretion;

8. EXTRAS
At departure Your credit card will be debited with any unpaid additional charges (“Extras”) incurred by You;
Extras include, but are not limited to, property damage or breakage, repairs, theft or disappearance of Our property, unnecessary maintenance call-outs, extra cleaning or rubbish removal, fumigation for cigarette smoke or other reasons, Party and smoking penalties, extended stays, early Check-Ins and late Check-Outs, extra catering, additional guests, loss of Keys (fee of $50) and special requests costs whether incurred during or after Your stay;
All damages, breakages or losses to the property, furniture and furnishings are to be reported to the agent immediately and paid for by the tenant before the end of the tenancy. Should the tenant discover a breakage or default please advise the agent immediately other wise we will consider this to be a responsibility of the current tenant and you will be charged accordingly. Should damage result in the property not being able to be rented for a period after your stay, you will be responsible for paying the rent while it is un-rentable.
You authorise Us to charge Your credit card for Extras.

9. SELF CONTAINED HOLIDAY ACCOMMODATION & SPECIAL REQUEST
Self Contained Holiday Accommodation this includes bed linen (bed sheets, pillowslips, tea towel) and bath towels only. Please note that this property is fully self contained, however it is not a serviced property. Servicing can be arranged during your stay at an extra charge.
Whilst We will attempt to satisfy all special requests, We do not guarantee that they can be accommodated.

10. NO SMOKING, NO PARTIES
Our Cottages are non-smoking for private residential use for the number of guests booked only. Smoking in a Cottage or holding an event, function or party in or around the Cottage (“Party”) is strictly forbidden;
Should a Party, smoking or unauthorised pet occupation occur, You will be requested to vacate the Cottage immediately and Your booking will be cancelled without refund;
In addition to the cancellation of Your booking, in the case of a Party, You agree a $5,000 penalty fee may be charged to You by Us in Our absolute discretion;
In addition to the cancellation of Your booking, in the case of smoking You agree a $500 penalty fee may be charged to You by Us in Our absolute discretion.

11. YOUR RESPONSIBILITIES
You are fully responsible for the care and condition of Your Cottage during the term of Your booking, including for all damage and breakages caused to the Cottage and its furniture and fittings;
The premises and grounds are to be left in a clean and tidy condition. The property must be left secure with all doors and windows locked. (Please ensure all dishes, glasses, pots and pans etc. are washed and put back into cupboards, dishwasher emptied, all rubbish to be removed from property and placed in appropriate rubbish bins. If not a dish fee of $200 will automatically apply regardless of number of dishes not cleaned or put away).
Failure to do so will incur a charge for extra cleaning. Extra cleaning will be charged and calculated on the number of hours required over the and above the normal cleans.
If requested Excess Cleaning will be charged of $55/h. Cleaning of BBQ is charged $55. An administration fee of $40/hr will be charged to cover assessment, organisation and supervision of excess cleaning/work/maintenance.
Furniture and furnishings are not to be re- arranged and must be in original position on departure.
Respect and preserve the residential amenity of the property. Refrain from engaging in any drunken, obscene or antisocial behaviour.
You are fully responsible for the safety and security of Your personal possessions and belongings during the term of Your booking including, but not limited to, clothing, jewellery, cash, documents and motor vehicle;
Bay and Bush Cottages has features such as pipes, bores, sheds, fences and vegetation there are unfenced dams. You agree to take the utmost care to ensure that everyone in Your party, keeps safe and well clear of such hazards;
You agree that children will not be left unattended on the property including in a Cottage or in a parked car;
You agree You are responsible for the supervision of any children in Your party at all times during Your stay;
We accept no responsibility whatsoever for any loss or damage suffered by You, including any harm to You or children in Your party at any time You are on the property.

12. NOISE
No noise in the park between 10pm and 7am (except New Years 12:30am and 7am). If you or anyone in your party causes excessive noise between 10pm & 7am you will be warned accordingly and then if the noise continues you will be removed from the property without refund.
No noise or unacceptable behaviour to neighbours will be tolerated at any time. Noise means any sound that can be heard from neighbouring properties that disturbs their peace and quiet. All music must be turned off by 10pm and care taken when you are outside. Disregard to this will result in heavy fines imposed by Council and the Holiday Letting Organisation. If Security personnel or the Police are called to a noise complaint a charge of $500 will be payable and you will be evicted immediately. If a booking is terminated in accordance with the provisions of this clause, no refund of rent or security deposit will be given, and you agree that any such rent or bond withheld is genuine compensation for loss occasioned by you.

13. DESCRIPTION OF PROPERTY
The description of the property is on the Internet. This description is given in good faith. We are careful not to misrepresent any rental property. Items in the property may change from time to time. We will not be held responsible for changes to and or items removed from the property after the time of your booking. No refund is given if you are not satisfied your accommodation. If for whatever reason you choose to depart prior to your departure date, we do not refund rental costs either in full or part thereof. The accommodation is fully furnished. Changes to the property grounds and/or surrounds, outside of our control, such as weather, erosion, council work and neighbouring renovations will not affect the quoted tariff. We will advise you of these changes prior to your stay where foreseen. The Agent expressly excludes any liability whatsoever for any misrepresentation, or misleading conduct or statements, however caused, and whether negligent or otherwise.

14. RELEASE AND INDEMNITY
To the full extent permitted by the law, You agree to release, indemnify and hold harmless, Us and Our current and former officers, employees, contractors, sub-contractors, consultants (including their respective employees and contractors) and agents against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential & economic loss, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by or attributable to Your booking or Your stay at Bay and Bush Cottages - Jervis Bay;
To the extent permitted by law, the aggregate of Our liability to You is limited to an amount not exceeding the amount paid by You for Your booking;
Each indemnity in these T&C’s is a continuing and independent obligation and survives the termination or expiry of these T&C’s.

15. USE OF INFORMATION
You consent and authorise Us to collect, use and disclose Your personal information to administer Your booking and provide You with services associated with Your booking;
You consent to Your personal information being used by Us to inform You about offers and promotions which relate to Us and Our operations;
We will not provide or disclose to any person other than a related body corporate of Us, any information You have provided to Us without Your written consent.

16. CONSUMER LAW
To the full extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Us are excluded under these T&C’s;
Nothing contained in these T&C’s excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that such law permits Us to limit Our liability, then Our liability is limited to: for services - supplying them again or payment of the cost of having them supplied again; and for goods - replacing or repairing them or supplying equivalent goods, or payment of the cost of replacing or repairing them or supplying equivalent goods.

17. GENERAL
These T&C’s are governed by and construed according to the laws of the state of New South Wales, Australia;
If part or all of any clause in these T&C’s is illegal, invalid or unenforceable then it must be read down to the extent necessary to ensure that it is not so. If that is not possible, it will be severed from these T&C’s and the remaining provisions of these T&C’s will continue to have full force and effect.

Payment Policy

At the time of booking a Deposit at least equivalent to 50% of the total cost of accommodation is required within 24 hours. This secures the booking and may be paid by bank transfer or credit card*. Only after payment of the deposit is a booking confirmed. Balance payable on the day of arrival.

This excludes cottages booked as part of a Wedding Booking Agreement, Bay and Bush Wellness Retreat and Inbound bookings.

The Agreement is a binding contract and full payment will be payable as per the Wedding Terms & Conditions Terms of Payment.

If We do not have Your current credit card details, You agree to provide them when contacted by Us.

*There is a 2% surcharge for AMEX card payments
**A $300 Security bond per house is required . This is to be paid on check-in. The bond is refunded to you within 7-21 working days following an inspection provided the premises are left in the same condition as at the start of the booking.

INBOUND BOOKINGS PLEASE REFER TO OUR INBOUND T&C's PAYMENT AND CANCELLATION POLICY

Cancellation Policy

SEE OUR COVID-19 CANCELLATION POLICY UNDER COVID UPDATES.

Cancellations affect Us greatly, therefore a refund in respect of a cancelled or aborted booking is available only as set out below:

- A 50% deposit is required to secure your booking, the outstanding amount owed is due on the day of arrival. Excludes promotion and packages.
- Cancellations and date changes more than 14 days from date of arrival are subject to a $75 administration fee.

INBOUND BOOKINGS PLEASE REFER TO OUR INBOUND T&C's PAYMENT AND CANCELLATION POLICY

- Cancellations with less than 14 days notice will occur a 50% cancellation fee per booking.
- Cancellations with less than 48hrs notice, no-shows and/or incomplete stays will be charged for the full value of the booking as well as extras added to the booking such as food hampers, spa treatments for example but not limited.

All cancellations must be received in writing.
Cancellation fees apply to any and all circumstances.

The above cancellation policy does not apply to any cottages booked as part of a Wedding Booking Agreement.

COVID UPDATE:

COVID-19 affected bookings: Should a government mandated intrastate or interstate travel restriction, lockdown be enforced that prevents you from travelling on your booked date or if you are experiencing Covid-19 symptoms and are required to test and isolate (a PCR test certificate will be required) we will move your booking to a future date within 12 months, with no penalty.
If you do not have a future date in mind, we will hold the amount paid as credit to be used within 12 months. If you wish to cancel your booking, our full cancellation fee will apply.