Terms and Conditions

Your booking with Swell Stays is subject to the Terms and Conditions outlined below. It is important that you read and understand these Terms and Conditions prior to booking as they will apply to your stay at any property managed by Swell Stays.

In case of any variation of booking conditions between us and an independent third party booking provider, the terms posted on this website will apply.

These Terms and Conditions listed below were last updated on 07/10/2024.

1. GENERAL TENANCY RULES

1. GENERAL TENANCY RULES

1.1. Before making a booking & paying a deposit it is your responsibility to have read & understood the Terms & Conditions. We reserve the right to change all or part of these Terms & Conditions at any time & it is your responsibility to keep yourself updated on any changes which will be displayed on this section of our website

1.2 Guests & invitees must monitor the observance of these Terms & Conditions at all times. A breach by your invitees/guests will be considered a breach by you. A breach of these Terms & Conditions may result in, but is not limited to, you being evicted from the premises, losing your bond (if applicable) a deduction made from your credit card, debit card & a forfeit of all monies paid

1.3 If the premises are damaged due to accidental, negligence or willful act of the guest or the guest’s invitees, the premises will be repaired by us at the cost of the guest. Any damage over the amount of $500 will result in a report lodged with the Police as malicious damage. We are not required to issue you a tax invoice for any repairs that have been carried out at the premises or for any charges which have been claimed against you

1.4 Use of the premises is for strictly residential purposes only. Should the property be used for events outside this, immediate termination of the booking, removal of guest(s) & other occupants from the premises may occur. As a result of this behaviour any costs or expenses (extra cleaning fee) will be charged to the guests credit card, if insufficient funds are available, the debt will be passed onto a debt collecting company or the courts for the debt plus recovery costs

1.5 The person affecting a booking shall be deemed to have accepted the booking conditions on behalf of all persons named in the booking. 

1.6 Swell Stays reserves the right to enter the premises during your stay for reasons such as: to ensure the security of the premises are maintained, to attend to any maintenance &/or repairs or to ensure compliance with these Terms & Conditions


2. GUESTS MUST

2.1 Be courteous & considerate & maintain noise at a reasonable level

2.2 Comply with parking regulations & show consideration to neighbours

2.3 Dispose of garbage in accordance with the usual practice at the property

2.4 Excess waste/bottles etc are to be removed from the property to avoid a collection charge & dump fees

2.5 Notify Swell Stays of any issues or complaints as soon as is possible

2.6 Be responsible for their visitors & maintain the security of the premises

2.7 Abide by any order issued by police or any regulatory authority & refrain from engaging in any illegal, drunken, offensive or obscene behaviour


3. TARIFFS

3.1 Tariffs, prices/quotations are subject to change without notice & will not be guaranteed until a deposit has been processed & you have received formal confirmation in writing from our office

3.2 Surcharges may apply to one night stays

3.3 Peak seasons & event periods will incur minimum night stay requirements 

3.4 If any specials are offered/or lower prices advertised after you have paid your deposit we cannot amend the rate

3.5 All rates are for accommodation only. 


4. OTHER FEES

4.1 We accept payment either by credit card or EFT Transfer. We do not accept cash.

A 3% surcharge will apply to AMEX or 2% surcharge for VISA/Mastercard

4.2 Cots & Highchairs may be hired free of charge, please confirm at the time of booking

4.3 Any lost keys will incur a replacement fee of $50 per key. Should this happen during your stay you must advise Swell Stays immediately


5. DEPOSITS & RENTAL PAYMENTS

5.1 When booking outside 30 days of your arrival via our webpage or over the phone, a 50% deposit is taken. The balance must be paid at least 30 days prior to your arrival date.

5.2 If you wish to make final payment via EFT you must notify us of this in writing 5 business days prior to your final payments due date

5.3 For bookings made within 30 days prior to your arrival, full payment is required at the time of booking

5.4 If we do not hear from you regarding your final payment Swell Stays has the right to automatically charge the card on file.

5.5 Standard Payments accepted include; Mastercard – Credit and Debit Cards, Visa – Credit and Debit Cards, EFT or Bank Wire Transfer (allow 7 days transaction time). We do not accept cheque, cash or American Express


6. REFUNDS & TERMINATIONS BY GUEST

6.1 If your arrival date is more than 30 days away, you will receive a full refund less credit card fees if you need to cancel your booking.

6.2 If your arrival date is less than 30 days away, the booking is non-refundable. Please contact our office at enquiry@swellstays.com.au or on 0897 588 449.


7. REFUNDS & TERMINATIONS BY AGENT

7.1 If for any reason the premises become unavailable before or during your stay we will endeavour to find suitable alternative arrangements. If satisfactory alternative arrangements cannot be made, we will refund monies paid for the part of the booking not fulfilled

7.2 Swell Stays will not be held responsible in any way should a property no longer be available to be booked, is listed for sale, sold or the Agent’s appointment to act is terminated & your booking is cancelled

7.3 If after arrival guests are dissatisfied with any aspect of their accommodation & decide to terminate their stay, the amount to be refunded, if any is at the sole discretion of Swell Stays


8. ARRIVALS & DEPARTURES

8.1 Check in time is from 3pm for all bookings

8.2 Check out time is by 10am for all bookings


9. USE OF THE PREMISES

9.1 The premises must be left in a similar state to the condition on arrival. Failure to leave the premises in a satisfactory manner will result in you incurring extra charges. You authorise us to charge you for the additional costs we incur to clean the premises at our absolute discretion upon your departure

9.2 Only the number of people listed under the tariff rate on our website are included in the nightly rental tariff & are permitted to stay at the premises overnight. If your number of people exceed this amount you must inform Swell Stays as additional charges may apply

9.3 If there are more people than declared at the property upon check in, or any time during your stay, we reserve the right to terminate your booking without prior notice & all rental monies paid will be fortified

9.4 Swell Stays deems children as being under 13 years of age & infants being under 2 years of age

9.5 Due to OH&S & Fire Regulations guests must not sleep on couches or in any other areas apart from in beds supplied 

9.6 You must not use the premises for any unlawful purpose

9.7 All rental properties are strictly non-smoking properties inside the premises

9.8 Furniture is not to be moved & only outdoor furniture is to be used outdoors

9.9 Animals are strictly prohibited unless prior arrangements are confirmed in writing

9.10 Re-tuning of TV’s & or VCR’s is not permitted. The attachment of electronic games & devices to the television/video system is not permitted. If re-tuning is necessary after such use, the guest will be required to pay any costs incurred

9.11 It is the guest/s responsibility to maintain the security of the premises once key-hand over has taken place, this includes keeping all doors/windows/gates locked at all times 


10. BREACHES

10.1 A failure to comply with any of the above Conditions may be considered a serious breach of this agreement resulting in your eviction, the loss of your bond (if any) &/or a debit being made to your credit card/debit card on file


11. LOSS, DAMAGE & INJURY

11.1 Use of the property, its contents, equipment & facilities are at your own risk

11.2 You will be held responsible for any damage, breakages, theft or loss of any property on or in the premises during your stay (including keys). If any property is affected in this manner, you will be responsible for all related costs for the affected property

11.3 Swell Stays nor the owner of the premises takes any responsibility for the loss or theft of your personal property nor any bodily injury on or at the premises


12. PARTIES & SCHOOLIES

12.1 Parties are strictly not allowed on the premises including; The definition of a party is at our sole discretion & may include any situation where the maximum number of guests allowed per premises is exceeded, the noise level is deemed too high, excessive traffic to & from the premises is identified, intoxication, & or excessive alcohol is present

12.2 If any accommodation is identified as having a party (at our sole discretion) we reserve the right to immediately evict all occupants & terminate your booking. Should this happen, all rental monies paid will be forfeited. In addition to this any expense resulting from cleaning, replacement of any furniture/fixture/breakage, including lost keys as well as any repairs will be deducted from the bond or charged to your credit card

12.3 We do not accept bookings for Schoolies


13. EVICTIONS

13.1 Swell Stays reserve the right to immediately evict any guest, visitor or member of the public for the following (but not limited to) reasons: Intoxication and/or unsavoury/lewd behaviour; Throwing objects off any balcony, spitting or vomiting over the balconies, wilful damage to the premises, physical or verbal abuse/assault of our staff, other guests, residents, members of the public on or around the premises, behaviour deemed as a potential safety threat to others, any breach of these Terms and Conditions


14. CLEANING & LINEN

14.1 Properties are fully self-contained & are not serviced daily. Should you require additional services please contact us prior to your arrival & we will be happy to arrange this for you if possible (charges will apply)

14.2 Please ensure that the property is left clean & tidy when vacating. All crockery & utensils must be washed & placed back in the cupboards. All furniture must be left in the same position as it was upon check in. Charges will be made for any additional cleaning or relocating of furniture in the property

14.3 We are not responsible for any items left at the property after your departure however if lost property is found we can send it back to you at a charge of $20