Effective Date: 6 July 2023 

Welcome to https://bythebaybatehaven.com.au/ (Site).  

This Site is owned and operated by By the Bay Batehaven (ABN 51 820 481 012) trading as By the Bay Batehaven (referred to in these terms as “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site, our accommodation and the content made available to you via this Site and our social media channels  (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of our Site (“user”, “you” and “your”).  

ACCEPTANCE OF TERMS 

By accessing and using this Site, our social media channels and any other materials made available to you on this Site, you are taken to accept our Terms. In doing so, you warrant that you: 

• are over 18 years of age and have the legal capacity to enter into a legally binding contract; 
• have read and accepted these Terms; and 
• will comply with these Terms. 

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site. If at any time you choose not to accept these Terms, you should not access our Site. 

Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase. 

RATES 

All rates are provided in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). Rates and accommodation availability are subject to change at any time. The amount charged to you will be the rate in force at the time you make your booking. When booking online, the rates advertised on our Site are not guaranteed until you receive written confirmation from us. Any errors will be rectified and a revised quote will be issued to you within 24 hours of your original request. 

BOOKING PROCESS 

Complete booking form

All bookings must be made through this Site, or such other website as we designate. Once booked, your booking is subject to our approval prior to being confirmed. You will receive a booking confirmation email from us once your booking has been approved.  

Where we request information from you in order to proceed with the booking, you warrant that the information provided in the booking is true, accurate and correct and that false information may result in your booking being cancelled without a refund. Where there are any errors in the information you have given, these must be brought to our attention 48 hours prior to your booking. This information will be treated in accordance with our Privacy Policy https://bythebaybatehaven.com.au/privacy-policy/. 

You are responsible for ensuring that the dates, times and locations relevant to your booking are accurate and suitable for your purposes, as we are unable to offer refunds due to user error.  Please check the details you provide carefully and inform us immediately of any errors or omissions. 

Bookings will only be deemed guaranteed with a valid credit card or deposit.  

If you make any changes to your booking, e.g. number of persons staying, change of dates or requesting additional products/services this may result in a change to the cost of the accommodation. 

Deposit 

In order to secure your booking, we require 50% of the accommodation rate (which may include the security deposit and cleaning fee) as a deposit plus a non-refundable booking fee of 10%, any other fees charged by a third party booking portal and any optional services selected by you, e.g. concierge services, mid-stay clean etc. The balance of your accommodation rate is due 30 days before arrival. We may require you to provide your credit card information, and we reserve the right to charge that card on that date for the balance of the booking fee.  

We will require a copy of your proof of identity, such as a driver licence, and your full credit card details as these details may need to be required to be presented at check in. Your credit card is required to cover any additional costs as outlined below. 

If booking within 7 days of arrival, at the time of booking, the full booking fee is required upfront. 
 
If you fail to make any payment, we may treat your booking as cancelled by you. 

 
Security deposit 

Your security deposit of $1000 will be refunded within 7 days of you checking out to an account nominated by you at time of booking provided no damage has been caused to the property (including missing items).  

CANCELLATION AND REFUNDS 

If you need to cancel or change your booking you must contact us immediately either using the number shown on our Site or via the email address we provide to you. 

Any cancellation must be made in writing or by email to the address provided.  Cancellations will only take effect upon written confirmation from you. 

For cancellations made more than 30 days prior to check-in date: You will be refunded your deposit in full, less a cancellation fee $50, less the non-refundable booking fee 10% and any credit card fees incurred. 

For cancellations within 30 days of the check-in date: Refunds will only apply if the property can be rebooked for the entire period. You will be refunded your deposit paid less a $50 cancellation fee and the 10% non-refundable booking fee, and any credit card fees incurred once the dates have been rebooked. 

For cancellations made 7 days or less before the arrival date: No refunds are available. 

For cancellations due to extenuating circumstances: In the event of extenuating circumstances, such as travel restrictions imposed by the government, natural disasters or any other force majeure event, we reserve the right to choose whether to cancel or reschedule your booking.  

If we cancel your booking for any reason: Where we cancel your booking, the amount paid will be refunded within 7 days of receipt of your bank account details. If the booking was paid for using credit card or EFTPOS, the credit card surcharge will not be refunded. 

Refunds: Refunds will be provided as outlined above.  

We do not provide refunds for bookings made during peak periods, which include public holidays, school holidays, Christmas, Easter and long weekends. 

Without limiting your rights, we are not responsible should the accommodation not meet your expectations. No refunds apply for early departure or refusal to stay. 

Checking in 

Accommodation is available from 3pm on the day of your arrival. Early check-in may be possible subject to availability. Additional charges may apply. Please let us know if you would like to request early check-in. 

Access instructions will be provided 24 hours before your check in.  

If your arrival will be delayed, please let us know. 

Checking out 

Check out time is 10am on the day of departure. Late departures may be possible subject to availability. Additional charges may apply. Please advise us if you require a late check out. 

Upon vacating the property, we expect you to leave it in a neat and tidy condition. Rubbish must be removed and dishes must be clean and returned to their cupboards. Failure to do so may incur further cleaning fees at our discretion.  

When you leave the property, please ensure that all doors and windows are locked. Any keys, remotes or fobs must be returned to the key box. Any keys, remotes or fobs lost or not returned at departure will incur a replacement fee.  

House Rules  

By making a booking, you acknowledge and agree to the house rules as set out in the booking form. 

If you break any of these rules, you accept full responsibility for any loss, fee, fine or any other costs which may be incurred as a result.  

We reserve the right to conduct an inspection should we reasonably suspect that the house rules are not being adhered to. 

As this property is provided for your use under a licence and not a residential tenancy, you acknowledge that no relationship of landlord and tenant is created and if you fail to abide by these rules or any of the other Terms, we reserve the right to terminate your reservation with immediate effect and remove you from the property with no refund. 

Children 

Where an age restriction is specified in the booking form, this may be due to the property not being suitable for children of that age.  If nothing is specified, then age restrictions do not apply. 
 
Pets 

Pets are only permitted if specified on our Site and Booking form.  Where pets are permitted, you are at all times responsible for your pets.  Pets are not permitted in bedrooms or on furniture.  You are responsible for cleaning up after your pets both inside and outside of the accommodation. 

Noise 

Please be respectful of our neighbours and ensure that there is no loud noise or music that may disturb your neighbours.  Where complaints are made about excessive noise, we may ask you to leave on the basis that this is a breach of our Terms. In such circumstances you will not receive a refund and additional charges may apply. 

Inclusions 

Any inclusions that apply to your booking are set out on our Site and the booking form. 

Where we provide wi-fi and streaming services, we cannot guarantee a connection at all times. 

Damage  

You are responsible for the cost of repairing any damage caused to the property, premises, building or contents during your stay.  

Additional Charges  

We reserve the right to charge your credit card should any further additional charges be incurred during or following your stay, for reasons such as: 

• Smoking inside or around the accommodation 
• Excess cleaning 
• Stained linen and towels 
• Replacement of soiled mattresses, bedding and/or linen 

• Vomit, excrement and bodily fluids 
• Spills/stains to carpet 
• Flooding of rooms  
• Damage caused by adding any decorations 
• Use of glitter/confetti 

• Damage to or removal of accommodation property 
• Pest cleaning due to having pets on the premises 
• Cleaning of BBQ 
• Lost keys, remotes, fobs 
• Rubbish removal fee if you fail to take bins out during your stay 

• Additional guests not declared at the time of booking 

INSURANCE AND GUEST PROPERTY 

You acknowledge and agree that we do not take any responsibility for your vehicles or possessions. You are responsible for ensuring you have appropriate insurance (including travel insurance). Please ensure that you have taken all your personal belongings with you, as we will not be responsible for any loss or damage to your belongings as a result of them being left behind. You will be responsible for any postage and handling fees, calculated at our discretion, that are incurred in returning your belongings to you.  

ACCOMMODATION 

We will endeavour to maintain accurate descriptions and photographs of the property on our Site and in any promotional material that will not be misleading, however we are unable to guarantee that the property will be exactly the same as displayed. We reserve the right to renovate or make other changes to the property as we see fit, including substitution or withdrawal of any facility or amenity. You acknowledge that décor is also subject to change at our discretion and may not match the images provided on our Site. 

INTELLECTUAL PROPERTY 

Our Site contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, digital products, trade marks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site and its Content does not grant or transfer any rights, title or interest in it to you. 

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site or its Content in whole or in part without our prior written consent. We reserve the right to immediately revoke your access to our Site and its Content, without refund, if you are found to be violating these Terms.  

LINKS TO OTHER WEBSITES 

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you. 

PRIVACY 

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed https://bythebaybatehaven.com.au/privacy-policy/. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate. 

CREDIT CARD AUTHORISATION 

You must provide a credit card pre-authorisation which provides authority for payment of accommodation. Any authorised amount will vary depending on length of stay and card type.  
 

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES  
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us by means of electronic transmission.  

You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand. 

FEEDBACK, COMPLAINTS AND DISPUTES 

We are committed to your enjoyment of and satisfaction with your stay. If there are any issues or concerns during your stay, please contact us immediately and we will endeavour to do our best to resolve any issues or concerns as soon as possible.  If any issue or concern cannot be resolved during your stay, please contact us via our Contact Form https://bythebaybatehaven.com.au/contact/ and include: 

• your name; 
• your email address; 
• details of your concern or complaint with time stamped photographs if appropriate; and 

• details of what you would like us to do to resolve the matter. 

We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly. 

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media. 

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located. 

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA 

We always appreciate interaction on our social media channels and feedback about our Site and our accommodation. You may be invited to submit a review after your stay We love to hear from you!  

Where you do decide to submit such feedback, comments or content, you: 

• warrant that you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions); 
• give us permission to post or otherwise use that feedback on our social media or other channels; 

• waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;  
• warrant that the content does not violate these Terms; and  
• warrant that you are at least 18 years old. 

We reserve the right to remove a review or comment if it: 

• contains libelous or otherwise unlawful, abusive or obscene material;  
• attacks our employees or another contributor;  
• contains material that discloses your personal information; or  
• is unrelated to the post or content that you have reviewed or commented on. 

Our Site and social media channels may feature user reviews of services as well as blogs by guest bloggers. These reviews and the content of the guest blogs in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger. 

TESTIMONIALS  

On our Site, we present real life examples of and insights into other people’s experiences for illustrative purposes only.  These testimonials are not intended to represent or guarantee that any current or future customers will have the same or similar experiences.  

PROHIBITED USE 

In addition to any other prohibitions, you must not, under any circumstances:  

• use our Site or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances; 
• attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;  
• hack into any aspect of the Site, corrupt data, or cause annoyance to other users;  
• infringe upon the rights of any person’s proprietary rights;  
• send any unsolicited advertising or promotional material, commonly referred to as “spam”; or  

• attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. 

WARRANTIES AND DISCLAIMERS 

This Site is provided on an as is basis, and to the fullest extent permitted by law, we make no representations or warranties about our Site or accommodation, including that: 

• they are suitable, reliable, complete, secure, accurate or fit for any particular purpose; 
• access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or  
• there is no possibility of failure to store communications or other data.  

LIMITATION OF LIABILITY  

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our accommodation, or this Site, your inability to access our Site, interruption or outage of our Site or any inaccurate, incomplete or out-of-date content provided on our Site. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). 

OUR RIGHT TO BE INDEMNIFIED BY YOU  

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of the accommodation, this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party. 

BREACH AND TERMINATION  

The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site. 

SEVERABILITY 

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect. 

CEASING OUR WEBSITE 

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion. 

ASSIGNMENT  

We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms. 

ENTIRE AGREEMENT 

These Terms (together with our Privacy Policy) constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site. 

GOVERNING LAW AND JURISDICTION  

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of NSW, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as efficiently and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the State of NSW, Australia.  

BOOKING FORM 

House Rules 

• There is strictly no smoking on the premises or within common areas, additional cleaning fees will apply 
• Pets are not permitted without our prior written consent, and an additional fee will apply 

• Groups of more than 5 people will not be permitted without our prior written consent, and an additional fee may apply 
• There are 4 beds in this house. No more than 6 may sleep in the house on any one night 
• You agree to comply with any current or future Health and Safety Policies that we implement or abide by  
• Maintain and leave the property in good condition 
• Secure parking available for one car only. No parking in common areas 

• Pool use only between 8am and 10pm. The gate must be kept locked for safety reasons. Children must be supervised 
• No ball games 
• Please be mindful of our neighbours. Quiet hours are between 10pm and 8am. 
• No parties, hens, bucks or schoolies groups 

Inclusions 

The following are included in your booking: 

• Secure car parking for one car only 
• Linen and towels 

• Complimentary wi-fi and Netflix 
• Pool access 
• We provide a small welcome amenity pack to get your stay started 

Please do not hesitate to contact us should you need any additional information regarding the property or the facilities.  For assistance during your stay please contact Guest Enquiries 0466 998 522.