LOFT - Corlette & Shoal Bay (2 locations)

Terms & Conditions

This Booking Agreement (the Agreement) is between The Loft Corlette ABN 15 227 430 440 for the short-term rental of the Property located at 23 Pantowora Street, Corlette & 26 Tomaree Road, Shoal Bay (the Properties) and the Guest(s) named in the Booking.

TERMS & CONDITIONS

Please read these terms and conditions carefully. When you make a booking, you accept on behalf of your party the terms of these booking conditions. It is your responsibility to ensure that all of the details on your confirmation documents are correct and to bring to our attention any errors or discrepancies within 48 hours of your booking.

Guests accept and are held fully responsible for their visitors or children which may result in injury or harm when staying or visiting the property and its surroundings.

Any breach of these terms and conditions may result in immediate eviction with no refund or cancellation of your booking.

IT IS AGREED AS FOLLOWS:

1. ACCEPTANCE
This Agreement (the Agreement) and all other legal notices and any schedules, annexures, attachments relating to this Agreement, provided with or separately forming part of this Agreement. By completing the booking, the Guest will be deemed to have accepted this Agreement and acknowledges if they do not accept these terms and conditions, they must not proceed with the Services or payment for the Services.

2. BOOKINGS
2.1 Online Booking
By using our online booking system ‘Little Hotelier’, part of Online Ventures Pty Ltd (trading as ‘Siteminder’) ABN 59 121 931 744, you agree to their terms and conditions accessible at www.littlehotelier.com. To make a Booking, you will be required to set up a user account. The person making the Booking will be the registered Guest. However, all Guests staying at the Property will be required to register upon check-in. You consent to providing your personal data and acknowledge that if you do not consent, we may not be able to provide some or all of the services. For more information regarding personal data, please refer to our Privacy Policy. You agree that all information you provide to us will be true, accurate, current and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and our Services.
2.2 Rates
Rates quoted are in Australian dollars and are subject to change at any time and depending on availability. Rates are inclusive of GST where applicable. Verbal quotes are estimates of price only and are subject to written advice on the booking confirmation. In rare cases, accommodation rates may be subject to increase after you have made payment; where this occurs, the Guest will be notified and may either pay the difference or receive a refund.
2.3 Check-Ins
Check-in is available from 2:00pm on the day of arrival. There is no reception. To enter the Property when the reception is unstaffed, a code will be provided in your pre-arrival email. Check-out time is 10:00am on the day of departure.
2.4 Length of Stay
There is a standard two night minimum stay. Minimum length of stay restrictions apply to certain rates.
2.5 Number of Guests
At no time during the Guest’s Booking shall the number of Guests staying exceed the number booked, unless prior approval is provided by The Loft management.
2.6 Children
Children’s prices for accommodation are included in the standard tariff rates and refer to children using existing bedding. A porta-cot can be supplied at an additional tariff however this is strictly for children under the age of 2 years (infants). Guests are required to supply linen for this cot and must be set up by guests. Steps, potential falls and balconies need to be taken into consideration before booking. Please note there are no baby gates or stair barriers and supervision is the sole responsibility of parents & guardians. Please contact management if you need further information. No refund will be given if the accommodation is deemed unsuitable after check in. Supervision of children around stairs, potential falls, balconies, roads, driveways, beds, hanging chairs, plants, cleaning chemicals and all areas of the property and surrounds are the sole responsibility of parents/guardians and The Loft accepts no responsibility.
2.7 Minors and Schoolies
The Loft does not accept Schoolies reservations or bookings from anyone under the age of eighteen (18).
2.8 Pets
Strictly no pets at our Shoal Bay property.
Pets are allowed on our Corlette property only. The Loft Corlette supplies a food and water bowl but you will be required to bring your own bedding, towels and blankets for your dog. Please ensure that your pet does not lay on any furniture i.e. lounge and beds and that any mess caused by your pet is cleaned with our supplied cleaning products prior to checkout. Cleaning supplies are located under the kitchen sink and kitchen bench seat, please advise us if you require any additional cleaning products. Any damage to the property caused by your pet will be reviewed and charged accordingly. This includes damage to screens, paintwork, rugs, furniture, gardens etc.
2.9 Location Hire
Location hire for photoshoots and video shoots must be pre-approved in writing by management.
The hirer agrees to the following for setting up, packing up & cleaning:
(a) The setting up and packing away of The Loft is the responsibility of the photographer
(b) Strictly no use of the bedding - cleaning fees apply
(c) Strictly no use of the showers - cleaning fees apply
(d) You are welcome to use tea, coffee pods and the dairy milk provided in the fridge
(e) Plant based milks (soy & oat) are an additional cost to replace
(f)All of the rooms, kitchens and bathrooms are to be left clean and tidy, with cutlery, glasses and crockery placed in the dishwasher and turned on when leaving - additional cleaning costs apply.

3. & 4. REFER BELOW TO PAYMENT + CANCELLATION POLICY

5. THE PROPERTY
5.1 Guest Obligations and Permitted Use
The Guest agrees:
(a) to be an occupant of the Property for the entire duration of the stay;
(b) not to sublet or allow unregistered Guests to stay at the Property;
(c) to comply with all applicable laws and regulations;
(d) to co-operate with The Loft and abide by these terms and conditions during their stay at the Property;
(e) not to use the Property for any purpose other than the Approved Purpose as set out in this Agreement;
(f) to close and lock doors and windows at check-out and when the Guest is not present at the Property to prevent theft of or damage to furnishings or the Guest’s personal Property and to contact The Loft immediately where they are not able to secure the Property;
(g) not to use the Property for any criminal activity, including online, and acknowledges The Loft will cooperate with any investigation of alleged criminal activity at the Property during or after the stay;
(h) not to wear high heel shoes inside the Property at any time;
(i) not to smoke on the Property, including all guest rooms and communal spaces, decks, and outdoor areas;
(j) not to use the Property for parties and gatherings without prior written permission;
(k) to not have pets on the Property unless otherwise approved with written permission;
(l) to abide by the Noise and Good Neighbour Policy highlighted in clause 6.
(m) to leave the Property in the same condition as found, returning all furniture and styling pieces to their original location; and
(n) not to nail, screw, staple or fix anything to any wall, door or other surface or part of the building.
(o) Use of the Hanging Chair at The Loft Corlette is at the discretion of parents/guardians. Please limit the use of the hanging chair to one adult or child, maximum of 100kg. Please do not swing on the chair as this may damage the glass panel behind.
5.2 Guest Facilities
(a) The Guest must contact management immediately with the 24 hour emergency contact number, in the event of an emergency.
(b) Free internet connection is available to all Guests. The connection of the internet during the Booking is not guaranteed and may be disrupted or unavailable without notice.
(c) Under no circumstances are motorbikes, dirt bikes, quad bikes, use of firearms or air rifles, fireworks allowed on the Property premises.
(d) All sporting and leisure equipment that is available to use or rent at the Property must be securely stored and returned in the same condition. Lost, stolen or damaged goods will incur costs in accordance with the Costs Schedule (Clause 13) or those of the third-party supplier. The Guest agrees that it is responsible for the use of and return of any and all equipment from a third-party supplier and The Loft does not accept liability for these goods, including the cost of repair, replacement or return.
(e) It is the responsibility of the Guest to ensure that any third parties engaged to provide services at the Property, including but not limited to caterers, beauticians and massage therapists, are informed of these terms and conditions, and hold appropriate Public Liability insurances. The Loft accepts no liability for any third-party services, including those which may have been recommended or referred by The Loft.
(f) All personal Property left behind is the sole responsibility of the Guest who must either arrange payment for post or delivery or collect the item from the Property.
(g) The Guest acknowledges the Property may be visited by wildlife including, but not limited to rodents, insects, cockroaches, kangaroos, wombats, snakes and spiders, and agrees The Loft is not responsible for the natural and surrounding habitat.
(h) The Loft does not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas and internet. In the event of a failure, the Guest should notify our team in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by management, will be remedied at any time during or after the rental period, at the sole discretion of the management.
(i) The Loft reserves the right to enter the Property at any time, without notice, to protect and/or undertake maintenance of the Property. The Loft will give notice to the Guest wherever possible.
5.3 Reviews and Social Media
(a) We encourage our Guests to tag @theloftcorlette when posting during their stay at the property, and unless you expressly object, we may tag you in some of our posts on matters of interest or repost your images on our accounts.
(b) Where, upon request, you provide us with images of you or others, taken during your stay at the Property, unless you expressly object, you agree to release and hold us harmless for any liability in relation to the images which we may use for our marketing material or for promotional purposes.
(b) Guests agree testimonials we have received from other guests received by us are indicative of that guest’s experience at the Property and may not necessarily be typical. You recognise and agree these are not a guarantee of the experience you will have at the Property, though we do our best to ensure every Guest is satisfied.
(b) In the event you experience any issues or problems during your stay, you agree to give The Loft the opportunity to rectify the situation prior to leaving negative reviews that may be published in the public domain, and which may be damaging to our reputation.
(c) Guests agree that upon leaving a review they consider the regulations regarding false statements under the Competition and Consumer Act 2010 (NSW), and pursuant to the Defamation Act 2005 (NSW), which allows for anyone who has had damaging material published about them or which may cause injury to their business, to take legal action against authors.

6. NOISE AND GOOD NEIGHBOUR POLICY
6.1 Noise
You acknowledge that parties and gatherings are strictly prohibited at The Loft without prior permission from management, and that all noise shall be kept indoors after 10pm and prior to 8am. Excessive noise, music and any other form of disturbance to neighbours and other The Loft Guests is prohibited at all times, and may result in an eviction without refund. Additionally, where The Loft staff, security guards or the police attends the Property to deal with noise complaints or excess Guests, or where a complaint has been received from the neighbours during or after your stay, you will be charged a fine in accordance with the Costs Schedule (Clause 13) (. Evidence of a party or function found after the Guests have checked out shall result in an additional charge.
6.2 Neighbours
A ‘good neighbour’ policy shall be enforced at The Loft. You acknowledge that The Loft will be treated with as much care as your own residence, and that it shall be left in the same condition as when you arrived. Behaviour exhibited by you and/or other Guests that is disrespectful of and disruptive to neighbours, traffic flow or the community, or which prompts complaints to the The Loft management from the police, local council or neighbours shall not be tolerated and may result in a fine or eviction. You and other Guests agree to abide by all applicable parking restrictions and limitations.

7. COSTS AND DAMAGES
7.1 Security Bond
Your credit card details will be held on the system as security bond and will be retained until an inventory and inspection has been completed at check-out, with the cost of repair or replacement of property to be deducted from your Security Bond. You remain responsible for, and will be charged for any damage, or cost of repair or replacement in excess of the Security Bond.
7.2 Assessment and Repair
(a) The Guest acknowledges that breaching the obligations or any terms of this Agreement may result in fees as outlined in the Costs Schedule (Clause 13) and/or any other associated consequences of the breach.
(b) All damages, breakages or losses to the Property, furniture and furnishing are to be reported immediately to management. To avoid being charged for any damage not caused by the Guest, such faults or breakages should be brought to The Loft management attention immediately following check-in.
(c) Following a final inspection and assessment after check-out, the Guest agrees The Loft is permitted to deduct the fees from the Security Bond and to charge the Guest’s credit card for any fees over and above that amount, in accordance with the Costs Schedule (Clause 13) and at The Loft sole discretion upon determination.

8. PRIVACY
We agree to comply with the Privacy Policy, the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulates the collection, storage, use, and disclosure of information about identifiable individuals (Personal Information) held by or on behalf of the Guest to the extent that they are legally obligated to comply with these laws. Please also refer to the privacy policy of our online booking system Online Ventures Pty Ltd (trading as ‘Siteminder’) ABN 59 121 931 744 accessible at www.littlehotelier.com.

9. ASSUMPTION OF RISK
You agree to be responsible for any damage to the Property or equipment which you may cause due to negligence.
You hereby waive and release, indemnify, hold harmless and forever discharge The Loft and its agents, employees, officers, directors, affiliates, successors and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your usage of and/or stay in the The Loft properties or any activities that you may have partaken in on the premises of The Loft, provided that this waive of liability does not apply to any acts of gross negligence, intentional or wilful misconduct.
You assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal Property, associated with The Loft, including but not limited to using the property in any manner, form or fashion, and participating and/or engaging in any activities on and off the premises.

10. LIMITATION OF LIABILITY
10.1 Total Liability
To the fullest extent permitted by law (and to the extent permitted under Australian Consumer Law), the total liability of The Loft Corlette under or in connection with this Agreement in respect of all Claims (if any) is limited to the Fees paid or payable for the Booking and in any event, will never exceed the available proceeds of the professional indemnity and/or public liability insurance coverage of The Loft Corlette (as varied from time to time) or the fees paid to The Loft Corlette by the Guest, whichever is the lesser amount.
10.2 Consequential Loss
In no case shall The Loft Corlette, its officers, employees, affiliates, agents, contractors, or licensors be liable for any Consequential Loss arising from the Guest’s use of, or reliance on the Services, the Website and/or content or information provided in the Property or in information brochures in the Property including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
10.3 Australian Consumer Law
Further, nothing in this Agreement is intended to limit any Australian Consumer Law guarantees or warranties that may apply to the Services and that cannot be excluded.

11 DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement, a party must not commence any court or other proceedings relating to the dispute unless it has first issued a written notice to the other party specifying the nature of the dispute. Upon receipt of the notice by the other party, the parties must endeavour to resolve the dispute within twenty-one (21) days using informal dispute resolution techniques including settlement discussions and mediation. If the dispute cannot be resolved, then the parties shall be free to pursue any right or remedy available to them under applicable law. Nothing in this Agreement will prejudice the right of a party to institute proceedings to enforce payment due under this Agreement or to seek urgent injunctive or declaratory relief in respect of a dispute or any matter arising under this Agreement.

12 GENERAL
12.1 Severability
If any provision or part of this Agreement is void or unenforceable for any reason, then that provision or part will be severed from this Agreement and the rest of this Agreement shall be read as far as possible as if the severed provision or part had never existed.
12.2 Entire agreement and variation
The parties agree that:
(a) this Agreement is the entire agreement between The Loft and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between The Loft and the Guest in that regard; and
(b) any changes to this Agreement must be agreed in writing between The Loft and the Guest prior to the changes coming into effect.
12.3 Governing law and Jurisdiction
(a) This Agreement is governed by the laws applicable in the state of New South Wales and the parties agree to irrevocably submit to the exclusive jurisdiction of the courts of that Sate.
(b) The Loft operates in accordance with the guidelines set out for Port Stephens Council Short Term Rental Accommodation. All guidelines must be adhered to or can result in eviction from the Property.

13 SCHEDULE OF COSTS FOR DAMAGES
The Loft is designed to a very high standard, properties are finished and furnished with costly materials and products. You become responsible for any and all damage and loss to the property and its contents from the date and time you check-in to the date and time you check-out. Any damaged items in the properties will be charged the full advertised replacement cost and product brand.
1. Security Bond - See clause 7.1 - $1000
2. Late Check-Out A late check out past 10:00am will result in the Guest being charged - $50 per hour
3. Lost key/ Call-out fee for Re-entry or Rekeying - A service fee of applies if a set of duplicate keys are required by a Guest. Guests must not break into, or attempt to break into, premises when locked out. Keys should be returned as per instructions provided. Should the keys not be returned, the Guest will be liable for any charge incurred in gaining entry and/or replacing keys and changing locks if necessary - $50/ cost to change lock
4. Linen: Where linen has been soiled or damaged such that it may not be restored to its original condition with steam cleaning - Cost to replace
5. Plumbing /electricity: Where it is determined that the Guest has caused a plumbing or electricity issue that requires a tradesperson - Invoice Cost
6. Call-out fee for The Loft - Where The Loft or any member of the The Loft team be called to the Property and the issue is deemed to be caused by the Guest, equipment owned by the Guest or because the Guest has not followed instructions - $110
7. Call-out fee for tradesperson to fix an issue caused by the Guest . Where a tradesperson be called to the Property and the issue is deemed to be caused by a 9. Guest, equipment owned by a Guest or because a Guest has not followed instructions - Invoice Cost
8. Credible noise complaint by neighbours. Failure to abide by the Noise policy in clause 6 - $500 per offence
9. Police/ Security called to Property: Failure to abide by clause 6 or in other instances where police or security attends the Property - $500 per offence
10. Repair/ replacement if there is damage to the Property: Where any item (electronic or not) within the Property or part of the Property has been maliciously, deliberately or negligently damaged by the Guest - Cost to repair/ replace
11. Steam Cleaning of carpets, furnishings, linens etc if evidence of pets in Property (on furniture or in/ on beds): Where the carpets, furnishings or linen within the Property has been soiled or damaged to the extent that may require extensive cleaning or where there is evidence of pets having been in the Property - Cost to steam clean/ cost of repair or replacement
12. Evidence of Smoking: Where there is evidence of smoking within the Property, such as traces of residual smoke, anywhere other than the outside the front door - $250 + any additional cleaning costs
13. Cleaning of Property where left in extremely dirty conditions: Where any part of the property has been left in extremely dirty conditions - Cost to clean
14. BBQ - The BBQ is to be used by the guests who stay at the home and is not to invite others to the home as it will be considered as hosting a party. Please clean up after yourselves and keep the grill clean. There are cleaning utensils supplied in the kitchen, please advise if any other cleaning items are required. If found left dirty and requires extra cleaning, an extra cleaning fee of $50 may be required.
15. Sports & Leisure Equipment: Any damage or loss to goods belonging to The Loft will equate to the cost of repair or replacement - cost to repair/ replace

16. POOL RULES

16.1 General Conduct
No Running: Running around the pool area is a common cause of accidents. Wet surfaces can be slippery, and running increases the risk of falls and injuries.

16.2 No Diving: If your pool isn’t designed for diving, make it clear that guests should not jump or dive into the pool. This can prevent head injuries and potential damage to the pool structure.

16.3 No Glass Containers: Broken glass in or around the pool is extremely hazardous. Encourage guests to use plastic or metal containers for their drinks and food.

16.4 Use of Pool Facilities
Shower Before Entering: Requiring guests to shower before using the pool helps maintain water quality by reducing contaminants like body oils, lotions, and dirt.

16.5 No Pets: While pets can be part of the family, they can introduce bacteria and hair into the pool, affecting water quality and potentially causing allergic reactions in other guests.

16.6 No Food in the Pool: Eating inside the pool can lead to food particles contaminating the water and attracting insects. Encourage guests to enjoy their snacks and meals outside the pool area.

16.7 Supervision and Safety
Adult Supervision Required: If children are using the pool, ensure that an adult is present at all times. This rule is essential for preventing accidents and ensuring quick responses if something goes wrong.

16.8 No Swimming Alone: Encourage guests to swim with a buddy, especially if they are not strong swimmers. This rule can be a lifesaver in case of emergencies.

16.9 Use Pool Safety Equipment: Make sure your pool area is equipped with life rings, pool hooks, and other safety devices. Inform guests on how to use them and where they are located.

This Booking Agreement (the Agreement) is between The Loft ABN 15 227 430 440 for the short-term rental of the Property located at 23 Pantowora Street, Corlette & 26 Tomaree Road, Shoal Bay (the Property) and the Guest(s) named in the Booking.

Payment Policy

Full payment is required at time of booking to secure your dates. If payment is not received by the due date, The Loft reserves the right to cancel the booking.
Rates quoted are in Australian dollars and are subject to change at any time. The Loft is not liable for and is not required to honour any pricing displayed that is quoted in error. A cancellation under these circumstances does not incur any cancellation fee. Rates are inclusive of GST where applicable. Any verbal quote given is an estimate only of price, which will be subject to a written advice on confirmation of the booking. Minimum length of stay restrictions apply to certain rates during special event periods.
A credit card pre-authorisation will be held on all Bookings as a Security Bond for the Guest’s Booking. Valid credit card details will be held as Security Bond for the Booking. For more details on the Security Bond, please refer to clause 5.

Cancellation Policy

- Cancellations between 1 month to 3 months notice prior to your arrival date 50% cancellation fee of the booking total will be incurred.
- Cancellations within 1 month of your arrival date a 100% cancellation fee of the booking total will be incurred.
No cancellations are accepted within 1 month of your arrival date. You will be charged the total of the reserved stay under all circumstances. Written notification must be provided for all cancellations.
In the event The Loft must to cancel your accommodation for circumstances beyond our control a full refund will be made. However we will not be held liable for any further costs incurred. We strongly recommend travel insurance to cover cancellations, travel delays and all other unforeseen incidents and accidents.