Terms & Conditions

These Terms and Conditions bind all Guest(s) and other occupants of or visitors to the Property during this reservation.

By making a booking via phone, email, through our website or an online booking portal you are agreeing to these Terms & Conditions.

1. Agency: Whitsunday Holiday Rentals (WHR) act as the Agent of the Owner of the Property and accept reservations in that capacity in accordance with these Terms and Conditions. WHR is not responsible for any mis-description of the Property or changes to the Property that differ from representations (including the tariff payable)

2. COVID-19 Policy
Our cancellation policy is continually being reviewed to ensure that we are taking into account developments associated with Coronavirus (COVID-19).If, on your arrival day, you are unable to travel due to government mandated travel restrictions and border closures (excluding the need to test and isolate on return to your own home) preventing you, the booked guest, from reaching the property, or returning to your own home after the booking, we will issue a credit for the amount of money paid (less any commissions paid to online booking agents such as Booking.com, STAYZ, Airbnb, WHR etc.) otherwise, our standard terms (outlined below under the section 7 ‘Cancellations’) will apply.This credit can be used at the booked property ONLY within 12 months from the removal of the travel restrictions by the relevant government.
The above policy applies to guests only that are double vaccinated. Guests wishing to cancel that are NOT double vaccinated will not be entitled to defer their dates and the entire amount will be disbursed to the Owner of the property.All bookings which are made during the pandemic are done so with the knowledge and understanding of the State Governments restrictions and knowing that at any time, further restrictions may be put in place. It is the responsibility of the person who is making the booking to seek and understand this information by visiting the Australian Government website www.australian.gov.au.

3. Animals, Pets & Birds: No animals or birds will be brought to or kept at the Property. The cost of any cleaning or treatment required as a result of animals or birds being brought to or kept at the Property, will be charged to the credit card that you have provided. A reservation may be terminated and Guest(s) may be removed from the Property if this part of the Terms and Conditions is breached. Where pets are found to be at the property or were at the property during the stay without proper consent from the agent there will be a charge to the guest security deposit credit card of 2 nights rent equivalent plus $400 cost will be made to treat and clean the property. WHR do have a small number of properties that are pet-friendly see clause 25 of these terms and conditions.

4. Alterations Reservations: The booking of your reservation is made in good faith but may be subject to change. WHR is not responsible for actions beyond their control such as;
● if the property is sold or withdrawn from holiday letting with WHR for any reason
● the property is altered in any way,
● the owner wants the property for their own use or any other reason.
If the property becomes unavailable for any reason and the booking is cancelled by the agent, WHR may try to relocate you to an alternative property or provide a refund of the deposit paid. Guest(s) may be charged an additional tariff in respect of that alternative property. Guest alterations to the reservations are not permitted within 60 days prior to your arrival date. Alterations to the reservation requested more than 60 days before your arrival date may be approved, at the discretion of WHR provided that the booking remains with the same property as originally booked. The new dates must be within 12 months of the original booking and the tariff applied to new booking is the rate charged at the time of change to booking dates. The new booking tariff must be equal or greater than the original booking. An alteration may only be made once.

5. Building and/or renovations: Our properties are located in suburban locations where building or renovation work may affect other properties within the vicinity of the Property. Neither WHR nor the Owner are responsible for any noise from neighbouring properties caused by building or renovation work. No refund or reduction of tariff will be offered for noise from building or renovation work on neighbouring properties. WHR may try to relocate you to an alternative property. Guest(s) may be charged an additional tariff in respect of that alternative property.

6. Body Corporate by-laws: All occupants of or visitors to the Property MUST comply with any Body Corporate by-laws and rules applicable to the Property or which regulate the behaviour of occupants of or visitors to the property. Occupants of and visitors to the property will not create any noise or other nuisance, within or emanating from the Property. Failure to comply with Body Corporate by-laws or rules or the creation of noise or other nuisance in or from the Property, may result in the termination of the reservation of the Property and removal of the Guest(s) and other occupants from the Property. Body Corporate management of the Property may be separate to WHR. WHR are not responsible for contractors organised by Body Corporate or onsite managers.

7. Building Smoke Alarms – Please be advised that if you are responsible for setting off the smoke alarm/s within a building complex either in corridors, lobbies, foyers or common areas and the fire brigade has responded to this emergency alarm, you will incur a charge for this call out. The QFES charges for attendance at unwanted alarms to encourage building owners or occupiers to be continually proactive in managing fire alarm systems. They are empowered to do so under the Fire and Emergency Services Act 1990 Part 11 Charges for services.
Should your smoke alarm be beeping due to a fault we request you call our office immediately on 0409 831 133

8. Cancellations & Date Changes: Any cancellation of this reservation must be notified to WHR in writing. Cancellations will result in forfeiture of monies paid by you in respect of the reservation.
WHR will endeavour to re-book the dates of your reservation. If we are able to completely re-book the dates of your reservation at the same rate, we will refund any monies paid by you less a $50 booking fee and credit card fees (if paid by credit card) and (less any commissions paid to online booking agents such as Booking.com, STAYZ, Airbnb, WHR etc.).
If we need to offer a discounted rate to re-book the dates of your reservation, we will refund any monies paid by you less the difference between the rates and a $50 booking fee and credit card fees (if paid by credit card). If we are not able to re-book the dates of your reservation, then all of the monies paid by you in respect of the reservation will be forfeited to the Owner of the Property. See clause 28 of these T's & C's regarding deposits paid.

9. Owner Cancellations - If Whitsunday Holiday Rentals should need to cancel your booking due to a property being sold or removed from our management pool by the owner in accordance with their management agreement, or for any other reason, a full refund is applicable. Alternative and comparable accommodation will be offered depending on availability. In these circumstances, Whitsunday Holiday Rentals will endeavour to provide as much notice as possible to our guest/s.

10. Check-in: Check-in is from 2.00pm on the Arrival Date. WHR will try to accommodate early check-in requests but this is subject to availability only. WHR has a personal concierge service where we meet guests on arrival and hand over keys. The named Guest(s) must be present upon check-in to collect keys. The named Guest(s) must be present during the entire reservation. All bookings must be made by a person over 21 years of age. At check-in, proof of age may be requested.

11. Check-out: Check-out is required no later than 10am on the Departure Date. Upon check-out, the named Guest(s) must return keys to WHR office or adhere to other agreed arrangement. If the keys are not returned into the lockbox by no later than 10am on the Departure Date, you will be charged an additional daily tariff. Late check-out is to be requested and subject to availability only.

12. Car parking: Some properties do not provide car parking. If car parking is provided you must only use the car parking space(s) allocated to the Property and not interfere with the use of common property by others. It is your responsibility to ensure that your vehicle fits within the car parking space allocated. WHR is not responsible for vehicles that don’t fit within allocated spaces.

13. Cleaning and linen: On your arrival the Property will be presented with beds made up (excluding sofa beds and trundles). Linen (including bath towels (one per person)) is provided. Beach towels are provided in each property. If you require additional linen or towels or services, please advise us before you check-in. These can be provided at your cost. If you require a mid-stay cleaning service please contact WHR. Times for a mid-stay clean will be organized by WHR. The Property is a smoke free dwelling and must be kept clean and tidy and free of litter (including cigarette butts) at all times.
Our housekeepers have prepared your property to a high standard. We ask that you show consideration by being neat and tidy and leaving the property in a reasonable state of cleanliness.

YOUR REQUIREMENTS ON DEPARTURE:
– Remove all garbage from the property and place in outside garbage bins
– Wash and dry dishes/ empty dishwasher and return to appropriate drawers or cupboards
– Leave the property in a clean and tidy state
– Remove and dispose of all food items in fridge or cupboards and dispose of in outside garbage bins
– Remove any excess sand, dirt and debris from floors, benchtops & all areas of the property
–Switch off all airconditioners
– Close and lock all doors and windows
- BBQs have been cleaned prior to your arrival and must be cleaned prior to departure, including the grill plate,. A cleaning fee of $65 will be charged for unclean BBQs.

Failure to do so may incur additional charges and will be charged accordingly

RUBBISH BINS – Please place garbage bins kerbside on the scheduled bin day. Please ensure the handle of the bin is facing the property. Boxes of rubbish left by the garbage bin will not be picked up and we ask that you dispose of excess garbage at the Council tip. You will be charged for rubbish removal if you do not dispose of your excess garbage or if you forget to put the bins out for collection.
We also ask that fish is not cleaned on the premises and that any seafood is wrapped securely and disposed of appropriately. If scheduled bin collection is days away – particularly in summer months, please consider disposing of seafood (eg. prawn shells) off premises or freeze until bin day.

The Property must be left clean and tidy at the end of this reservation including:
(a) all rubbish removed from the Property and placed in outside bins;
(b) the Property left secure with all windows and doors closed/locked;
(c) all furniture and/or decorative items replaced to their original position.
Any additional charges incurred to clean the Property or to repair damage to or otherwise reinstate the Property, will be charged to the credit card provided by you. WHR will use its best endeavours to ensure windows/doors/louvres/balconies/pools/spas are clean on your arrival. Neither WHR nor the Owner are responsible for weather conditions that affect these items prior to check-in.

14. Credit cards: The Guest(s) authorises WHR to debit any outstanding balance tariff, additional tariff, lock and weir access key charge, after hours check-in charge or other additional charges (such as cleaning) or any costs and expenses incurred pursuant to these Terms and Conditions, to the credit card provided by you. No more than one (1) credit card will be accepted for any payment. We accept VISA, MasterCard please note we no not accept AMEX. There will be a 2.04% fee on all credit cards.

15. Future reservations: Reservations are not automatically rebooked. If you wish to rebook the property for another reservation we ADVISE you MUST request that reservation upon check-in. WE CANNOT guarantee YOUR requested booking period will be available. Usual reservation arrangements will apply.

16. Governing law: The law of Queensland governs your use and occupation of the Property during this reservation. You agree to submit to the exclusive jurisdiction of the Courts of Queensland.

17. Equipment use: Use of equipment in the Property (e.g. gymnasium, pool toys, kayaks, surf ski, wind surfing and other like equipment) by the Guests or occupants of or visitors to the Property, occurs at the risk of the person using that equipment. Neither the Owner of the Property nor WHR is responsible for or liable in respect of, any injury to the person or damage to the Property, resulting from that use.

18. Insurance: WHR recommends that you insure against loss of monies paid, cancellation charges, medical expenses, loss of personal belongings and any other foreseeable loss or expense. Travel insurance is offered by a multitude of companies.

19. Internet connection: The Property may have a broadband internet connection (wifi). The operation of any internet connection during this reservation is not guaranteed and may be disrupted or unavailable. The cost of using any internet connection is not included in the tariff. Neither the Owner of the Property or WHR is responsible for or liable in respect of the availability of or disruption to, any internet connection or its use. Where the internet is provided, guests are requested to be responsible in using it. Excessive downloads may result in a charge to the guest.

20. Inspections: If WHR believes that these Terms and Conditions have been or are being breached, WHR may inspect the Property at any time during this reservation, upon demand and without notice. WHR may inspect the Property at all other times during this reservation upon 24 hours verbal notice. Failure to provide access to the Property may result in the termination of this reservation of the Property and removal of the Guest(s) and other occupants from the Property.

21. Inappropriate bookings - Schoolies, Bucks, Hens, Groups/Gatherings.
a) The property is not a "party house" and any such activities are strictly prohibited; and
b) Any celebration or entertainment that includes Hen/Buck, parties, Groups/Gatherings are not permitted.
WHR reserves the right to refuse any booking that it feels may be inappropriate or that falls across any of the above groups.

22. Breaches/Unfavourable Reviews - By accepting this booking, you hereby agree that if you or any occupant covered by this booking, including any guests breach our Terms and Conditions, your name, phone number and email address along with details of the breach/breaches may be disclosed to the property landlord and/or other agents.
In addition, Whitsunday Holiday Rentals reserves the right to cancel a booking where information obtained suggests that the booking is not in the best interests of Whitsunday Holiday Rentals and/or the property owner.
Whitsunday Holiday Rentals reserves the right to decline any booking which they believe do not intend to occupy the property on a short term holiday basis. In addition, a booking will be immediately terminated if Whitsunday Holiday Rentals becomes aware of any breaches at other properties that the occupant has resided at or if any complaints are received from onsite managers or neighbours in relation to the occupant.

23. Keys: Up to Two (2) sets of keys to the Property will be collected from and returned to, WHR upon check-in and check-out. Any key(s), remote control or alarm device that is lost or damaged will be replaced or repaired at your cost. This may include the cost of changing locks or having additional keys cut & remotes,fobs ordered. Keys will not be provided if a balance of tariff has not been paid.

24. Lock Out: If you are locked out during office hours, please contact the office. If it is after hours, contact the provided emergency mobile number. We do not guarantee that a staff member will be able to assist you after hours and a call out fee will apply. Alternatively, it will be your responsibility and expense should we need to engage a locksmith.

25. Liability: The Guest(s) is responsible and liable to reimburse the Owner of the Property for any damage to the Property, damage to or breakage of chattels or fixtures and fittings in the Property or any other loss suffered by the Owner as a consequence of the use or occupation of the Property during this reservation. Neither WHR nor the Owner of the Property are liable for any damage to or loss of property of or injury to a Guest(s) or other occupant, visitor or entrant to the Property. WHR will use its best endeavours to arrange for the repair or replacement of any part of the Property that fails or misfunctions during this reservation. Neither WHR nor the Owner of the Property are liable for any such failure or misfunction. Neither WHR nor the Owner are obliged to offer any form of refund or compensation to the guest for any such failure or misfunction.

26. Licence not a tenancy: This is not a Residential Tenancy Agreement under relevant Residential Tenancy legislation. Failure to comply with any of these Terms and Conditions may result in immediate termination of this reservation and eviction from the Property. Refunds will not be provided upon termination or eviction.

27. Late arrivals and emergencies: WHR office hours are 7.00am to 8.00pm each day, except Public Holidays (9.00am to 5.00pm) and Christmas Day (closed). If you anticipate arriving outside of office hours, please contact us to make alternative check-in arrangements. We can provide keys for the Property after hours in the key safe. If you do not wish to use the key safe option then arrangements can be made for a security company to meet you to provide the keys to you, but you will be charged for this service. WHR will provide you with a phone number for after-hours emergencies. This service is for emergency issues only. If a contractor is called out for a non-emergency, you will be charged a call out fee.

28. Online bookings: If you book through an online booking process, WHR is not responsible for any incorrect information or if you book the wrong property or if the property is double booked. You accept full responsibility when booking through this facility. Neither WHR nor the Owner are responsible if the Property is unavailable or is double booked. Your booking will not be confirmed until you comply with Clause 29 of these Terms and Conditions.

29. Personal belongings: You are responsible to ensure that all personal belongings are removed from the Property at the end of this reservation. WHR will use its best endeavours to locate items reported as being left in the Property for a period of one month after departure date. For a fee of $25 + postage which will be debited to your credit card, any items found will be returned to the Guest at the booking address at the Guest’s expense.

30. Pet friendly homes: A small selection of WHR properties will accept pets. These properties are advertised on our website and booking portals. Pets can only be brought to any properties with the express permission of WHR. Guests must advise in writing if they wish to bring pet/s to the Property during this reservation. That written advice must state the number and type of pet that will occupy the Property during this reservation. Guest(s) confirm that you accept that the tariff includes a premium to cover the anticipated cost of a pest spray and carpet/upholstery clean. Any damage/maintenance/cleaning/ replacement of items that are required due to the pet/s occupying the Property, will be charges to the Guest(s) credit card. Guest(s) must ensure all poop is collected and disposed of regularly during the reservation and before check-out.

31. Properties: Each property is priced individually based upon the particular features of the Property. The Property may alter without notice. Neither WHR nor the Owner are responsible for photography on websites. WHR will use its best endeavours to find you a suitable property but no responsibility will be taken by WHR or the Owner if you find the Property to be unsuitable for your requirements. No refund or rebate will be considered if you find the holiday property unsuitable or does not meet your expectations.

32. Security deposit: When making your booking and paying the 30% deposit (refer Clause 29), Guest(s) will provide WHR with a credit card for the purposes of this reservation. You authorise WHR to debit that credit card to pay or reimburse WHR or the Owner of the Property for any balance of the tariff or any cost or expense, damage, breakage or other loss applicable to or arising out of the use and occupation of the Property during this reservation (including but not limited to telephone charges, hire and cleaning charges and the repair and/or reinstatement of the Property) and any cost or expense incurred due to the operation of these Terms and Conditions including but not limited to, any charges incurred with or by WHR, Police, Fire or other emergency services or security personnel and any additional tariff payable by the Guest(s)). If the credit available on the credit card provided is insufficient to pay or reimburse the whole of the balance tariff, cost or expense and/or additional tariff, the Guest(s) agree that they are jointly and severally liable to pay to or reimburse WHR or the Owner(s) of the Property for any outstanding amount as a debt due and payable by the Guest(s) to the Owner of the Property.

33. This reservation: To make your booking and confirm this reservation you must pay a deposit equal to 30% of the tariff when making this reservation. Your deposit is non-refundable. You must also pay the balance of the tariff by no later than one (1) month BEFORE your Arrival Date WHR will notify you when the balance of the tariff is due. You authorise WHR to debit the balance of the tariff to your credit card on the date notified. 2.04% fee applies to all credit card transactions.
If you fail to pay the deposit when making your booking, WHR will cancel your reservation. If you fail to pay the balance of the tariff strictly in accordance with this Condition you agree that:-
(a) this reservation will be canceled; and
(b) any deposit paid by you is forfeited to the Owner of the Property to compensate the Owner of the Property for the loss of this reservation; and
(c) any unpaid deposit is a debt due and payable by you to the Owner of the Property.

34. Termination: If this reservation of the Property is terminated, WHR and/or the Owner of the Property is authorised to do all things necessary to remove the Guest(s) and other occupants from the Property, at your cost. If this reservation of the Property is terminated and the Guest(s) and other occupants are removed from the Property, the tariff applicable to the balance of this reservation will be forfeited to the Owner of the Property. There will be no refund of the tariff.

35. Collection of Credit Card Details
Whitsunday Holiday Rentals is committed to ensuring that credit card details are collected in a secure manner. We will take reasonable steps to protect the credit card details we hold from misuse and loss and from unauthorised access, modification and disclosure during collection by adopting the following practices:
● Preventing, where possible, individuals from providing credit card details in an email;
● Ensuring that where credit card details are collected online, encryption in accordance with WHR Security Policy is included within the company’s internet web page, The Escapia, databases and other supporting programs;
● Only collecting credit card details in an appropriate environment, for example not requesting credit card details verbally in a public place; and
● Storage of Credit Card Details
● WHR is committed to ensuring that credit card details are held securely. WHR will take reasonable steps to protect the credit card details it holds from misuse and loss and from unauthorised access, modification and disclosure by adopting the following practices:
● Ensuring that EFPTOS machines and other devices used to collect credit card details are stored securely, particularly when they are not in use (eg overnight);
● Ensuring that appropriate staff only have access to credit card details; and
● Ensuring information is transferred securely (for example, not transmitting credit card details via e-mail).
● Privacy Policy requirements on the use of information by WHR employees;
● Policies on document storage and security;
● Security measures for access to WHR computer systems;
● Controlling access to WHR premises;

Destruction of Credit Card Details
Credit card details will be destroyed in a secure manner when they are no longer needed. Examples of destruction in a secure manner include shredding, pulping or disintegration of any paper files, fire, confidential disposal in accordance with any guidelines provided by government legislation, encryption or scrubbing of credit card number or contracting an authorised disposal company for secure disposal.

36. Tariffs: Tariffs may change without notice from time to time. The tariff for the reservation is not confirmed until the 30% deposit is paid in accordance with Clause 29. Once Guest(s) pay the 30% deposit to confirm the reservation, the tariff will not alter. No responsibility is taken by WHR for any incorrect advertising of tariffs. Any verbal offers are not valid and will not be honoured unless they are confirmed by WHR in writing.

37. Use of the Property: The Property is a residential dwelling within the Whitsunday community. The Property is to be used strictly as a residential dwelling for residential purposes by the Guest(s) and the number of occupants nominated on the Guest Registration Form. The Property is not to be used for any other purpose or by any greater number of occupants. The use of the Property for a function, a party, a wedding or other gathering of more than the nominated number of occupants is STRICTLY PROHIBITED. If you use the Property for a function, a party, a wedding or other gathering of more than the nominated number of occupants or other than as a residential dwelling for residential purposes:-
(a) your reservation of the Property will be terminated;
(b) the Guest(s) and other occupants of the Property will be removed from the Property;
(c) the Guest(s) agrees to pay an additional tariff of $4,400 (incl GST) and authorise WHR to debit that additional tariff to the credit card provided.
Excessive noise is not permitted. A security company will investigate complaints of excessive noise or anti-social behaviour. This will incur a call out charge payable by the Guest(s) which will be debited from your credit card. After one warning for excessive noise or anti-social behaviour or disturbance complaints by neighbours, the reservation will be terminated, Guest(s) will be evicted from the premises and you agree that the tariff applicable to the balance of this reservation will be forfeited to the Owner of the Property.

38. Minors: No guest under the age of 21 will be permitted to occupy holiday properties unless accompanied by a parent or guardian. A bond of $2,000 may be required for group bookings.
Schoolies bookings cannot be accepted as we do not have the policies, procedures and/or resources to accommodate these bookings.

39. Reserves the right: Whitsunday Holiday Rentals (WHR) reserves the right to alter these Terms and Conditions at any time without notice

40. Holiday Rentals For Sale - When a booking is made, the deposit is accepted for the owner at that time. If the property is for sale and the ownership changes before your holiday, we cannot guarantee that the property will remain available. We will endeavour to provide as much notice as possible to you if this does occur prior to your stay. If your rental property is listed for sale while you are in residence, no inspection will be made without prior notice and will be carried out only if absolutely necessary and always in the company of an employee of Whitsunday Holiday Rentals.

41. Rental Rates: In the case of refurbishment or owners’ instructions, rental rates may be subject to increase without notice. Should this occur you will be notified immediately and given the opportunity to pay the difference in tariff or receive a full refund of your deposit. We will also offer you alternate accommodation if possible.

42. Situations That May Affect Your Reservation: At times situations arise of which we have no control which may affect your reservation. We will not be responsible if the property is not available due to inclement weather conditions, black outs or other acts of god, war or threat of war, civil disturbances, strikes or airport closure or any technical issues with transport. In addition, Whitsunday Holiday Rentals will not be responsible for any organised Events being cancelled such as Airlie Beach Race Week, Reef Week, Airlie Beach Music Festival etc.
If required, Whitsunday Holiday Rentals reserves the right to move visitors to alternate accommodation of a similar standard at their discretion or the direct instruction of the property owners. If this is the case, we will notify you as soon as possible and make every reasonable effort to make sure you are satisfied with your new address.

When booking your accommodation, our staff have taken great care to describe your holiday accommodation to you as accurately as possible. However, Whitsunday Holiday Rentals cannot accept responsibility for incorrect rates, descriptions, errors or omissions. There are also occasions where body corporates will remove common use facilities without notification.

Construction – the Whitsundays is currently experiencing a construction boom and there are a few construction sites located near and around some of the properties that we manage for holiday rental. As this is completely out of our control, we are unable to provide any compensation due to construction noise that may take place during your proposed stay, however we will endeavour to keep you informed of any nearby construction sites as we are made aware of them. If you have any concerns then please do not hesitate to contact us upon making your reservation

PRIVACY STATEMENT
We use personal information collected from you prior to your holiday booking with Whitsunday Holiday Rentals for payment purposes. We may also use the information to contact you via telephone or email with respect to this property and others, which we believe may be of interest to you. We also collect your private information for Whitsunday Regional Council as it is a requirement of our Holiday Letting Approval. By providing this information, you agree to this unless you advise us differently. By providing this information, we will be able to provide an effective service to you. Other than in the circumstances allowed under the Privacy Act 1988, we do not disclose information of this kind to other parties.

If you would like to access the personal information we hold, you can do so by contacting Whitsunday Holiday Rentals 0409 831 133.

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