Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO MAKING A BOOKING WITH PRESTIGE HIDEAWAYS. BY MAKING A BOOKING YOU AGREE AND CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

1. PURPOSE & APPLICATION

1.1 Prestige Hideaways manages short term accommodation bookings as agent on behalf of owners or other persons in legal control of properties.

1.2 These Terms and Conditions together with:

(a) your Booking Confirmation, including any special or additional conditions specified therein; and

(b) any house rules for the Property,

constitute a legally binding agreement that governs the relationship between Prestige Hideaways and You (and each of Your Invitees) in relation to your Booking.

1.3 You acknowledge and agree that despite the duration of any Booking, Your Booking is classified as a short-term rental granting You occupancy for the purposes of a holiday rental and Your Booking is not a residential tenancy agreement under any relevant residential tenancies legislation.

2. BOOKING

2.1 To be eligible to make a Booking you must:

(a) be 30 years of age or over and have the legal capacity to enter into legally binding agreements;

(b) provide the information requested on the Website and comply with any identification verification requested;

(c) not be booking the Property for parties, Bucks, Hens or Schoolies groups; and

(d) possess a valid payment method such as a valid debit or credit card or any other electronic payment option as stated on the Website.

2.2 Bookings are available to You for your personal, non-commercial use only. You may not offer for resale any Booking without our express written permission.

2.3 You must submit a request for a Booking setting out Your details, the details of Your Invitees, the Property, the proposed duration of Your stay, payment details and any other information requested on the Booking form.

2.4 You agree that all information given by You about yourself and Your Invitees is true and correct.

2.5 Prestige Hideaways reserves the right in its sole discretion to accept or reject a Booking and Prestige Hideaways is under no obligation to the Guest until Prestige Hideaways has provided the Guest with a Booking Confirmation that the terms of the Booking are agreed.

2.6 The Booking Confirmation will specify:

(a) the total charges payable for your Booking;

(b) the amount of the Security Deposit payable;

(c) the applicable cancellation terms and policy;

(d) details of the Property; and

(e) the dates of Your stay and details of the check-in and check-out times.

2.7 Please check all the details in Your Booking Confirmation promptly after receiving the Booking Confirmation and notify Prestige Hideaways as soon as possible if You think there are any mistakes or errors with your Booking.

3. FEES AND PAYMENT

3.1 Fees

You agree to pay Prestige Hideaways the agreed fees, as communicated through the Booking Confirmation, for the duration of their stay.

3.2 GST

(a) In this clause expressions that are not defined, but which have a defined meaning in the GST Law, have the same meaning as in the GST Law.

(b) If GST is imposed on any supply made under or in accordance with these Terms and Conditions, the recipient of the supply (Receiving Party) must pay to Prestige Hideaways (Supplier) an additional amount equal to the GST payable on the supply, subject to the Receiving Party receiving a valid tax invoice, or a document that the Commissioner will treat as a tax invoice, in respect of the supply at or before the time of payment. Payment of the additional amount will be made at the same time and in the same manner as payment for the supply is required to be made in accordance with these Terms and Conditions.

3.3 Details in Invoice

All invoices issued by Prestige Hideaways will include details of the fees and any other costs and charges payable by the Guest in accordance with these Terms and Conditions.

3.4 No right to offset

No amount owing, whether present or future, actual, contingent or prospective and on any account whatsoever by the Guest to Prestige Hideaways may be offset against any liability whether present, future, actual, contingent or prospective of the Guest to Prestige Hideaways under these Terms and Conditions or on any other account whatsoever.

4. SECURITY DEPOSIT

4.1 A security deposit of $1,000 or such other amount as is specified in the Booking Confirmation, is required to cover any damages, additional cleaning, Losses, or additional expenses incurred in relation to the Guest's stay.

4.2 A pre-authorisation for the security deposit amount will be placed on Your payment method 96 hours prior to check-in or; if the Guest is paying by electronic funds transfer; the Guest must deposit the security deposit into the bank account nominated by Prestige Hideaways within the timeframe specified in the Booking Confirmation. A pre-authorisation is a temporary hold of a specific amount of the available balance on a credit or debit card that is provided upon Booking. The pre-authorisation is not a charge and no funds will be debited from Your account.

4.3 If Prestige Hideaways is unable to pre-authorise Your payment method for the security deposit amount or Prestige Hideways has not received payment of the security deposit into its nominated bank account, You will be notified by email and will have 24 hours to try another payment method.

4.4 If Prestige Hideaways is unable to obtain a pre-authorisation equal to the security deposit after two (2) attempts then Prestige Hideaways may cancel your Booking.

4.5 The security deposit will be refunded within 5-7 days after check-out, less any deductions for damages or additional charges.

4.6 If Prestige Hideaways finds that the Property is damaged or not returned in a state of an acceptable nature, Prestige Hideaways will contact you within four (4) days after the date of check-out. Details and relevant documentation of all damage, missing items or other circumstances that require reimbursement will be provided to the Guest. The amount Prestige Hideaways requests may or may not be the same as the security deposit.

4.7 The Guest has 24 hours to respond to Prestige Hideaways’ request for reimbursement before any charges are made. If the Guest disagrees to pay the amount requested, documentation is required that proves the Guest was not a fault.

4.8 Prestige Hideaways reserves the right to bill the Guest's payment method on file for damages exceeding the security deposit amount.

5. CANCELLATION AND REFUNDS:

5.1 Cancellations are subject to the terms and conditions specified on the Booking Confirmation which the Guest agrees to adhere to.

5.2 Any applicable refunds will be processed in accordance with the agreed cancellation terms and policies outlined on the Booking Confirmation.

5.3 Prestige Hideaways may cancel the Booking with immediate effect by giving written notice to the Guest if:

(a) any information provided by the Guest in respect of the Booking is found to be false or misleading;

(b) Prestige Hideaways becomes aware of any health and safety or quality-related issue with the Property or its immediate surroundings;

(c) Prestige Hideaways’ agency agreement with the relevant owner terminates due to a breach by the owner;

(d) the Guest breaches any material provision of these Terms and Conditions (including without limitation any breach in respect of an obligation to pay money) and fails to remedy the breach within 7 days after receiving notice requiring it to do so; and

(e) the Guest breaches a material provision of these Terms and Conditions where that breach is not capable of remedy.

5.4 Cancellation of the Booking will not affect any rights or obligations that the parties have accrued under these Terms and Conditions prior to such termination, nor will it affect any provision of these Terms and Conditions which are expressly or by implication intended to continue in force after such termination.

6. PRESTIGE HIDEAWAYS RESPONSIBILITIES:

6.1 Prestige Hideaways agrees to notify You in writing of any changes to the description of the Property relating to Your Booking which would make the descriptions of the Property inaccurate, incomplete or misleading.

6.2 Prestige Hideaways will:

(a) ensure that all utilities, such as electricity, water, and internet, are in working order during the Guest’s stay;

(b) perform its obligations using reasonable care and skill, and act in good faith at all times;

(c) ensure that the Property is vacant and that You and Your Guests have exclusive access to the Property for the full period of the Booking;

(d) ensure that suitable arrangements are in place for You to collect and return the keys/access cards for the Property;

(e) not make any use of the Property (including conducting any viewings of the Property) during the period of the Booking; and

(f) respond to queries, complaints and problems which arise during or after the Booking and use its best efforts to resolve them.

7. GUEST’S OBLIGATIONS

7.1 You must respect the Property and understand it is someone else’s home who is allowing You to enjoy it. Please treat it with utmost care and like it is Your own.

7.2 Prestige Hideaways expects the Guest named on the Booking to be present and available during the entire stay.

7.3 You are responsible for any damages or Losses incurred during Your stay, excluding normal wear and tear. Where You or Your Invitees cause damage that is beyond normal wear and tear, You must inform Prestige Hideaways of the damage as soon as possible and work with Prestige Hideaways to find a reasonable solution. You acknowledge and agree that on some occasions a repair person may need to enter the Property during Your stay to attend to repairs, but this will always be communicated to You prior.

7.4 You must:

(a) comply with any reasonable direction of Prestige Hideaways and its Personnel with respect to the Property;

(b) comply with all Laws applying to the Property;

(c) comply with the house rules applicable to the Property;

(d) treat the Property with care and respect, ensuring that it is left in a clean and tidy condition upon check-out. The cleaners will assess if the Property requires excessive or deep cleaning beyond the ‘Standard clean’ after Your stay so please leave the Property in a respectable neat and tidy manner to avoid any further cleaning charges;

(e) respect the privacy and peace of the neighbours at all times;

(f) ensure you check in and check out within the timeframes specified on the Booking Confirmation. No late check-out or early check-in is allowed without prior permission from Prestige Hideaways. Unauthorized late check-out or early check-in may incur a fee of $100 per hour;

(g) ensure you have checked the Departure Checklist before leaving, failure to follow the Departure Checklist will result in further charges;

(h) put all of their trash in designated trash receptacles and be mindful of excessive amounts of trash;

(i) ensure all furniture, cushions and throws are to be placed back where they were found;

(j) place keys back in the lockbox and scramble the code. The Guest is responsible for the keys to the Property and any loss of keys will incur a $70 charge and any loss of a garage or gate remote will incur an additional $150 charge. Any Guest who requires ‘out of hours’ (Monday to Friday, 9am to 5pm) access to the Property due to lost keys etc. will be charged a $200 call out fee;

7.5 You must not, and must ensure that none of your Invitees, do any of the following:

(a) damage or attempt to damage any part of the Property or its installations, fittings or fixtures;

(b) interfere with or alter any of the electrical, security, or lighting systems in the Property;

(c) carry on or allow to be carried on at the Property or the Property any behaviour or activity, that is in the opinion of Prestige Hideaways dangerous, noxious, offensive, illegal, noisy or objectionable;

(d) invite or permit into the Property more than the expected number of Invitees specified in the Booking Confirmation. No Invitees are permitted to sleep at the Property unless communicated to Prestige Hideaways;

(e) create excessive noise or cause any nuisance to neighbours of the Property, including being outside making noise or playing music later than 9pm;

(f) leave any food out that may attract pests;

(g) participate in film or photography that is intended for commercial use or profit, without documented permission from Prestige Hideaways;

(h) bring into the Property any flammable materials, or light or maintain a naked flame except in such manner as approved in writing by Prestige Hideaways or the house rules;

(i) smoke anywhere inside the Property. Smoking inside will incur a $500 charge;

(j) tamper with any smoke alarms. Tampering with smoke alarms will result in charges up to $15,000;

(k) leave belongings at the Property past the designated checkout time for storage or later pickup without prior approval from Prestige Hideaways; or

(l) bring any pets inside a Property that is designated as “no pets” in the house rules or fail to inform Prestige Hideaways about any pets brought inside the Property. Note that service animals are not considered pets.

8. TERMINATION AND EVICTION

The Guest acknowledges that failure to comply with any of the Guest's fundamental obligations of these Terms and Conditions or the house rules of the Property may result in immediate termination and eviction from the Property, and the Guest shall be held responsible for any costs associated with such termination and eviction.

9. COVID-SAFE COMPLIANCE

9.1 In the event of a Government Lockdown, Prestige Hideaways will offer the Guest to reschedule the Booking at no cost to the Guest.

9.2 In the event of the Guest contracting COVID-19 or another communicable disease whilst staying in the Property, the Guest will be charged for a deep clean of the Property.

9.3 Prestige Hideaways takes all reasonable measures to provide a safe environment for Guests but accepts no liability or responsibility for Guests contracting COVID-19 or other communicable diseases. The Guest and Invitees remain responsible and liable for their own health.

10. LIABILITY AND OBLIGATIONS

10.1 Responsibility

(a) Prestige Hideaways does not accept responsibility for damage to or Loss of any personal property brought to or left at the Property whether by the Guest or any Invitee. You acknowledge that personal belongings and vehicles (together with their contents) belonging to You and Invitees are left at the Property entirely at Your and their own risk. We accept no liability to You for any loss, damage or injury to You or Your Guests, or Your or their personal property during the Booking period, except to the extent such Loss, damage or injury is caused by Prestige Hideaway’s negligence.

(b) The Guest is encouraged to obtain their own travel insurance to cover any personal injury, Loss, or damage during their stay at the Property. Prestige Hideaways does not provide any insurance coverage for the Guest's personal property.

(c) The Guest is responsible for any costs associated with any damage or Loss incurred to any fittings, property or equipment on or about the Property which is caused or contributed to by the Guest or an Invitee. The cost of any such damage is agreed to be determined by Prestige Hideaways acting reasonably and is payable by the Guest upon demand.

(d) In the event of damage to the Property or failure to pay in accordance with these Terms and Conditions, Prestige Hideaways reserves the right to pursue legal action and/or debt collection, and the Guest agrees to be held responsible for all associated costs, including but not limited to legal fees and court costs.

(e) The Guest is responsible for the Guest’s conduct and the conduct of the Invitees and the Guest authorises Prestige Hideaways and it’s Personnel, without having any liability or consequence, to remove or have removed (with such force as necessary) the Guest or any Invitee whose conduct is unsatisfactory or causes any distress, discomfort or harm to anyone at or near the Property or creates any risk to any persons or the Property.

(f) The Guest is responsible for any death, injury or Loss suffered to property or persons by anyone at the Property in relation to the Guest’s stay at the Property, save to the extent such death, injury or Loss is caused or contributed to by any negligent act or omission by Prestige Hideaways.

10.2 Limitation of liability

To the maximum extent permitted by Law:

(a) (Liability Cap) the aggregate liability of Prestige Hideaways for any Losses arising directly or indirectly out of, or in connection with, the Booking and/ or the Guest’s use of the Property is capped at the value of the fees payable in respect of the Booking;

(b) (Disclaimer of warranties) These Terms and Conditions (including the Booking Confirmation and house rules) constitute the entire agreement between Prestige Hideaways and the Guest as to its subject matter and no warranties, representations, guarantees or other terms or conditions of any nature not contained and recorded in these Terms and Conditions will be of any force or effect. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded. No provision is intended to exclude, restrict or modify rights which a Guest has under the ACL or any other law.

(c) Prestige Hideaways makes every effort to ensure that the descriptions (including Booking charges and availability) relating to the Property on the website are accurate and complete, however, images of the Property are to be taken as a general indication of the appearance of the Property. If Prestige Hideaways is advised of, or discovers a mistake or error relating to this information, Prestige Hideaways will promptly correct this on the Website and will contact You if that information relates to Your Booking that you have already made using the Website.

(d) No responsibility or refunds for minor or non-material differences will be accepted by Prestige Hideaways. In the event of minor faults and/or malfunctions of appliances or inclusions, there is no obligation to compensate or discount You.

(e) The Property descriptions do not constitute advice or recommendation given by Prestige Hideaways. Prestige Hideaways do not independently verify accreditations, awards, reviews or star or other quality ratings and such ratings are only indicative of what level of quality You can expect from a particular Property. Prestige Hideaways is not liable for inaccuracies or errors in this information or the accommodation information.

(f) Charges shown in the search listings on the Website are per Property, per night (and not per person). It is your responsibility to check the total price before completing the Booking process.

(g) Prestige Hideaways does not accept responsibility for any changes or closures to amenities or attractions mentioned in the Property descriptions on the website.

(h) (Exclusion of Consequential Loss) Prestige Hideaways and its Personnel exclude all liability to the Guest or any other person for any Consequential Loss arising directly or indirectly out of, or in connection with, the Booking and/ or the use of the Property, even if Prestige Hideaways has been advised of the possibility of such Consequential Loss.

10.3 Apportionment of liability

If the Guest make any claim against Prestige Hideaways for any Loss arising out of, or in connection with, the Booking, the Guest’s use of the Property or these Terms and Conditions and some or all of that Loss was due to, or contributed to by:

(a) the Guest’s own acts or omissions or the acts or omissions of other persons for whose conduct the Guest are responsible (including the Invitees); or

(b) the acts or omissions of one or more other persons, not being Prestige Hideaways Personnel or other persons for whose conduct Prestige Hideaways is responsible,

then, to the maximum extent permitted by Law, Prestige Hideaways will be liable only for that proportion of the Loss which its acts and omissions bear in relation to the total conduct of all persons causing or contributing to that Loss.

10.4 Personnel

The Guest acknowledges and agrees that Prestige Hideaways holds the benefit of these Terms and Conditions on its own behalf and as agent and trustee for and on behalf of its Personnel, and each of them is entitled to enforce these Terms and Conditions as it were a party to these Terms and Conditions.

11. INDEMNITY

The Guest indemnifies Prestige Hideaways and its Personnel against any Loss which Prestige Hideaways suffers, incurs or is liable for as a result, directly or indirectly, of:

11.1 any breach of these Terms and Conditions by the Guest; or

11.2 the Booking or the use of the Property by the Guest and/ or the Invitees; or

11.3 any negligent act or omission by the Guest and/ or the Invitees.

12. FORCE MAJEURE

No party is liable for any failure to perform or delay in performing its obligations under these Terms and Conditions if that failure or delay is due to a Force Majeure Event. If that failure or delay exceeds 90 days, the other party may terminate these Terms and Conditions with immediate effect by giving written notice to the other party. This clause does not apply to any obligation to pay money.

13. ASSIGNMENT

Prestige Hideaways may assign it’s rights under these Terms and Conditions. The Guest must not otherwise assign or transfer the Booking or any rights under these Terms and Conditions without the prior written consent of Prestige Hideaways.

14. PRIVACY

14.1 Each party must at all times comply with the Privacy Act and all other applicable Laws and industry codes in its collection, storage and use of any data made available to the other party, including, without limitation, any data of a personal or sensitive nature.

14.2 Neither party shall use or disclose any personal or sensitive information for a purpose other than in accordance with these Terms and Conditions.

14.3 The Guest agrees that Prestige Hideaways may, to the extent permitted by law use or disclose personal information about the Guest:

(a) for the purposes of performing the Booking; or

(b) to the extent that Prestige Hideaways is required or authorised by Law to do so.

14.4 The Guest agrees that Prestige Hideaways may share personal information with any of Prestige Hideaways’ Personnel or third party services providers for the purposes of the Booking.

14.5 The Guest may request access to any of its personal information which Prestige Hideaways may hold.

15. ELECTRONIC COMMUNICATIONS

15.1 Prestige Hideaways may communicate with the Guest electronically. Information transmitted electronically cannot be guaranteed to be private or free of viruses or errors and consequently such information could arrive late or be intercepted, corrupted, lost, destroyed or incomplete or otherwise be adversely affected or unsafe to use. Prestige Hideaways will use commercially reasonable procedures to check for viruses before sending information electronically, but Prestige Hideaways will not be liable to the Guest in respect of any error or omission, or loss of confidentiality, arising from or in connection with the electronic communication of information to the Guest. The Guest hereby consents to Prestige Hideaways communicating with the Guest electronically and to the exchange of electronic communications, including confidential documents, via unencrypted means. If the Guest does not accept these risks, the Guest must promptly notify Prestige Hideaways in writing that the Guest does not want Prestige Hideaways to communicate electronically with the Guest.

15.2 Prestige Hideaways may deliver invoices to the Guest electronically.

16. GENERAL PROVISIONS

16.1 Governing Law

These Terms and Conditions are governed by the Law applicable in the State of Victoria, and the parties consent to the exclusive jurisdiction of the courts of the State of Victoria.

16.2 Waiver

A single or partial exercise or waiver of a right relating to these Terms and Conditions will not prevent any other exercise of that right or any other right.

16.3 Unenforceable provision

If any provision of these Terms and Conditions is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions which shall remain in full force and effect.

17. INTERPRETATION

In interpreting these Terms and Conditions:

17.1 any reference to a party includes its successors and permitted assigns;

17.2 headings are for convenience only and have no legal effect;

17.3 the singular includes the plural and vice versa;

17.4 “including” and similar words do not imply any limitation;

17.5 a reference to ‘$’ is to the Australian dollar; and

17.6 a reference to legislation or a legislative provision includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.

18. DEFINITIONS

Unless otherwise inconsistent with the context:

18.1 ACL means The Australian Consumer Law as set out in Booking Confirmation 2 of the Competition and Consumer Act 2010 (Cth).

18.2 Booking means the agreement between Prestige Hideaways and the Guest for short term accommodation at the Property on the terms set out in the Booking Confirmation and these Terms and Conditions;

18.3 Booking Confirmation means the written confirmation issued by Prestige Hideaways to the Guest in respect of the Booking;

18.4 Consequential Loss means any loss or damage suffered by the Guest or any other person which is indirect or consequential; or which is by way of loss of revenue, loss of profits, loss of goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, damage to credit rating, or loss or denial of opportunity.

18.5 Guest (“You,” or “Your”, as applicable) means the Guest specified in the Booking Confirmation.

18.6 Force Majeure Event means any failure or delay in the performance of a party’s obligations under these Terms and Conditions as a result of a national strike, lockout, work stoppage, labour dispute, material shortage, utility outage, delay in transportation, fire, flood, earthquake, severe weather, act of God, pandemic, accident, trade sanction, embargo, act of war, act of terror, condition caused by national emergency, new or changed Law, or any other act or cause beyond the reasonable control and without fault of the delayed party, and whether affecting that party or its agents, subcontractors, dealers or suppliers, for as long as the circumstances prevail.

18.7 GST means any goods and services tax and any replacement or similar tax.

18.8 GST Law means A New Tax System (Goods and Services Tax) 1999 (Cth).

18.9 Invitee means each person named with the Guest in the Booking or any other person who the Guest permits on the Property.

18.10 Law means any legislation, ordinance, regulation, bylaw, order, award, proclamation, direction and practice note of the Commonwealth, State or Territory or any government agency, certificate, licence, consent, permit, approval, qualification, registration, standard and requirement, or any other Law from which legal rights and obligations arise.

18.11 Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character that a party pays, suffers or incurs or is liable for, including any:

(a) liabilities on account of any taxation of any kind, including indirect taxation;

(b) interest, penalties and other amounts payable to third parties;

(c) legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and

(d) amounts paid in settlement of any claim,

(e) and includes any Consequential Loss.

18.12 Personnel means all employees, officers, agents and contractors of Prestige Hideaways.

18.13 Prestige Hideaways means Prestige Hideaways Events Pty Ltd (ACN 256 501 790).

18.14 Privacy Act means the Privacy Act 1988 (Cth).

18.15 Property means the property specified in the Booking Confirmation.

18.16 Website means www.prestigehideaways.com.au