Pending Agent Approval

In these Booking Terms and Conditions “we”, “us” or “our” means ECSS (Enterprises) Pty Ltd ATF Sheppard/McCall Family Trust T/A Beach Retreats Central Coast (ABN 25 568 749 813), its successors and assignees, and “you” or “your” mean the person, organisation or entity that uses our Site or books a stay with us, each a “Party” and collectively “the Parties”.
These Terms form the agreement under which we will supply our Stays to you. Please read these Terms carefully. Your use of our Site or booking a stay, indicates that you have had sufficient opportunity to access these Terms, and that you have read, accepted and will comply with these Terms. If you have any questions, please contact us before using our Site or booking a stay, by using the contact details below.

BOOKING STAYS
You may book a stay with us, using the booking process on our Site. We may, at our discretion, accept or reject any booking of a Stay, for any reason.
If we accept your booking, a confirmation email will be sent to you, attaching details of the Stay, our invoice and a copy of these Terms (Pending and/or Confirmation Email). It is your responsibility to check the booking details (including, in particular, the details of your Stay) provided in the Pending/Confirmation Email before paying for your booking.
Your booking will be complete, on your payment of part, or all of, the Fee in accordance with these Terms. Once your booking is complete, you may not cancel your booking other than in accordance with these Terms, including our cancellation policy.

PAYMENT
The Fees are determined by the Stay that you have selected during the booking process and as further particularised in the Pending/Confirmation Email.
Fees are to be paid to us using the payment method prescribed on our Site and in accordance with the payment terms. You must pay the Fee in full prior to the commencement of your Stay. We may cancel your Stay if the Fee is not paid to us in full in accordance with these Terms.
Our Fees may change from time to time, at our discretion. It is your responsibility to check our current Fees before you submit your booking through our Site. For the avoidance of doubt, once your booking is complete, the Fee for your Stay will not change.

ACCOUNT/CHECK-IN PORTAL
You may register an account or access the check-in portal on our Site to retrieve details of any of your Stays. It is your responsibility to keep your account/check-in portal details confidential. You will remain liable for all activity on your account or your check-in portal.
We may grant or refuse you permission to create an account or access to the check-in portal. We may disable any account or check-in portal, or delete any data, at our discretion. We reserve the right to access, monitor and modify your account, the check-in portal and the Site for maintenance, upgrades and security purposes at any time.

CANCELLATION POLICY
Following your payment of part or all of the Fees, if you cancel your Stay:
(a) more than 90 days prior to the start date of the Stay, you will be liable to pay a cancellation fee of $150 AUD. If applicable, we will refund you any deposit paid by you; and
(b) within 90 days from the start date of the Stay, you will be liable to pay the Fee in full.
If you cancel on the start date of the Stay or any time thereafter (including by leaving the Stay) or you do not show up for the Stay, you will be liable to pay the Fee in full and no refund will be made to you.

TRANSFER OF A STAY
You may not transfer your Stay to another party. If you are unable to participate in a Stay, the cancellation policy will apply. We may allow you to transfer a Stay, or any amounts of the Fee paid by you, to another party, however we will have no obligation to do so, and this allowance will be made in our absolute discretion.

DATE CHANGES
We understand that your travel plans may change. You must notify of us of any desired start date change prior to the start date of your Stay. Your request for a start date change will be subject to approval and the availability of your desired date for the Stay (New Date).
If the New Date is available, and you wish to change the start date of your Stay:
(a) more than 14 days prior to the start date of your Stay, the date change will be free of charge; or
(b) within 14 days from the start date of the Confirmed Stay, you must pay us an administrative fee of $150 AUD, for the reasonable costs incurred by us for the start date change.

RESCHEDULING OR CANCELLATION BY US
We will notify you as soon as possible if we need to cancel or reschedule a Stay, and we will use our best endeavours to reschedule the Stay at an alternate start date that is agreed between the Parties.
If we cancel a Stay because of events or circumstances beyond our reasonable control:
(a) prior to the start date of the Stay, and we cannot find an alternate start date agreed between the Parties, you will receive a refund of any Fees that have been paid by you; and
(b) after the start of the Stay, you will receive a refund of any Fees that have been paid by you on a pro-rata basis.
In the event the property of your Stay is subject for sale, you agree to allow us to inspect the property with prospective purchasers, with reasonable notice and within ordinary hours.

YOUR CONDUCT
During your Stay, you must cooperate with us, and comply with the:
• The House Rules provided in the property compendium and/or booking site.
• NSW STRA Code of Conduct also provided in the compendium and electronically in your confirmation email
and any instructions or directions given to you by us.
You acknowledge and agree that:
• your Stay is for recreational and holiday purposes only and that any excessive noise, anti-social behaviour, parties or functions of any kind are not permitted;
• the number of occupants during your stay must not exceed the number of guests set out in your Confirmation Email and that any additional guests must be agreed in advance by us and may be subject to additional fees;
• we take no responsibility for any of your actions, incidents or damage or loss of your personal property during your Stay;
• you are responsible for any loss or damage to the property, furniture and fittings during your Stay. All damages, breakages or losses are to be reported to the agent immediately;
• all of our properties are non-smoking properties; and
• pets are only allowed if prior approval has been granted or the property is advertised as a pet friendly property.

If we have reasonable grounds to believe that your conduct breaches any of these Terms, us and our agents have the right to enter the property at our discretion and without your consent. We may terminate these Terms and request you to leave a Stay if in our view your conduct is inappropriate. If we request you to leave a Stay, no refund will be made to you.

YOUR COOPERATION
You agree to do all things, and provide us with such information and documentation necessary, and as we reasonably require for us, to be able to process your booking for a Stay and to provide the Stay to you. This includes, but is not limited to, providing us with your full name, date of birth, or details of any medical conditions. The information and documentation that you provide to us, must be complete, accurate and correct.

YOUR DATA AND SECURITY
We collect personal information about you in order to allow you to make a booking for a Stay on our Site, to process your booking for a Stay, to enable you to access and use the Site or check-in portal, to create an account, to contact and communicate with you or to respond to your enquiries.
When collecting and using your personal information, we agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable Laws.
We may disclose that information to third party service providers who help us deliver our services and Stays (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners or as required by law. If you do not provide this information, we may not be able to supply our Stay to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
We may retain personal information provided by you to communicate with you or to allow you to access your account or to book other Stays with us. If you wish to opt-out of communications (including any marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in any of our communications.
You may request to obtain the details of the personal information that we hold about you or the deletion of the personal information that we hold about you by contacting us using the details below.
By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with these Terms. You can view our Privacy Policy on our website.

OUR COMPLIANCE
As this is a short-term rental accommodation arrangement, within the meaning under the Fair Trading Act 1987 (NSW), we must comply with the Code of Conduct for the Short-term Rental Accommodation Industry (Code of Conduct) at Attachment 2 of these Terms (a copy of which is also available on the NSW Government Department of Fair Trading website).
Notwithstanding the Disputes clause in these Terms, if you are dissatisfied with our response to any complaints you may have, under the Code of Conduct you have the right to escalate any complaints unresolved by us to the Commissioner for Fair Trading in the NSW Department of Customer Service for further consideration.

LIMITATION OF LIABILITY AND DISCLAIMERS
Third Parties: We may provide Stays to you using third parties. We make no representation or warranty about the services provided by third parties, and to the maximum extent permitted by law, we exclude all responsibility and liability for the third party services, or their failure to provide the services.
Warranties: You acknowledge and agree that the information and material on our Site may be inaccurate, incomplete or unavailable from time to time. To the maximum extent permitted by law, all information and material are provided to you without warranties, guarantees, representations or conditions of any kind, either express or implied, and we expressly disclaim all warranties, guarantees, representations or conditions of any kind.
Exclusions: To the maximum extent permitted by law, we exclude all liability, and will have no liability, for:
(a) your use of the Site;
(b) any acts or omissions of you;
(c) any acts or omissions of any third party;
(d) any event or circumstance beyond our reasonable control;
(e) any information or documentation supplied by you;
(f) any property loss or damage (including to your baggage) or personal injury, loss or death; and
(g) any Consequential Loss.

Limitation: To the maximum extent permitted by law, our total liability arising out of or in connection with these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will be limited to us either, at our sole discretion, resupplying the relevant Stay to you or paying to you an amount not exceeding the Fees paid by you to us for the Stay the subject of the claim.
The obligations under this will survive termination of these Terms.

GENERAL
Intellectual Property: As between the Parties, we own all intellectual property rights on the Site or in any materials provided to you.

Disputes: We will use our reasonable endeavours to assist you in resolving disputes with third parties that may arise from your Stay. We will handle any disputes or complaints that you may have against us in good faith and in a timely manner. You may not commence court proceedings relating to any dispute or complaint arising from, or in connection with, these Terms without first meeting with us (in good faith) to resolve that dispute or complaint (unless you are seeking urgent interlocutory relief or the dispute or complaint relates to compliance with this clause).

GST: If and when applicable, GST is payable under these Terms. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed (including, on the Fee).

Compliance with Law: You agree to comply with all applicable Laws.

Assignment: We may assign or transfer our rights or obligations under these Terms without your consent.
Notices: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent: (a) by us, to your email address or postal address, and (b) by you, using the contact details below.
Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Governing Law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

Entire Agreement: These Terms contain the entire understanding and agreement between the Parties in respect of its subject matter.

Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to booking a Stay, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any booking that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you made the booking.

DEFINITIONS
In these Terms, capitalised words have the meaning given to them within the Terms and, unless the context otherwise requires, as defined below:

Claim / Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a Party to these Terms or otherwise;
Pending and/or Confirmation Email means as defined within the Terms, being the email received by you from us, confirming your booking, and attaching and forming part of these Terms;
Consequential Loss means any Claims (whether direct, indirect, incidental, special, consequential and/or incidental) suffered by you or made against you, arising out of or in connection with these Terms (including, but not limited to, for loss of profits, revenue, production, opportunity, benefit, goodwill, reputation), even if we were expressly advised of the likelihood of such loss or damage;
Fee means the fee set by us for the Stay, as set out in the Site and/or the Confirmation Email, and as adjusted in accordance with these Terms;
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Laws means any relevant law, legislation, ordinance, regulation, by-law, subordinate legislation, standard and code, and any approval, licence or consent issued by a government department or statutory authority in any relevant jurisdiction, and including any renewal of, or variation to, any of them;
Site means our website beachretreatscentralcoast.com.au or beachretreats.com.au as varied or replaced from time to time;
Stay means any Stay we have agreed to provide to you (as further particularised in the Confirmation Email); and
Terms mean these Booking Terms and Conditions, together with any Confirmation Email as contemplated by these Terms, as amended in accordance with its terms.

For any questions or notice, please contact us at:

ECSS (Enterprises) Pty Ltd ATF Sheppard/McCall Family Trust T/A Beach Retreats Central Coast (ABN: 25 568 749 813)
PO Box 4006, Wagstaffe NSW 2257
Bookings@beachretreatscentralcoast.com.au
0418 262 454