T&C’s

This Agreement (the Agreement) and all other legal notices (accessible at www.ohanahale.com.au  and any schedules, annexures, attachments relating to this Agreement, provided with, or separately forming part of this Agreement. By completing the Booking, the Guest will be deemed to have accepted this Agreement and acknowledge that this Agreement is subject to any current and future COVID-19 legislative provisions enforced by the NSW or Federal Government of Australia [accessible at https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health alert and https://www.smartraveller.gov.au], which OHANA HALE and the Guest are required to abide by, and that OHANA HALE will do all things reasonably required to ensure the terms of the Agreement are upheld, but will not be liable for the consequences thereof. The Guest agrees if they do not accept these terms and conditions, they must not proceed with the Services or payment for the Services.

By using our online booking system ‘Cloudbeds’, you agree to their terms and conditions accessible at https://www.Cloudbeds.com/. To make a Booking, you will be required to set up a user account. The person making the Booking will be the registered Guest. However, all Guests staying at the Property will be required to register upon check-in. You consent to providing your personal data and acknowledge that if you do not consent, we may not be able to provide some or all the services. For more information regarding personal data, please refer to our Privacy Policy. You agree that all information you provide to us will be true, accurate, current, and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate, or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and our Services.

Rates quoted are in Australian dollars and are subject to change at any time and depending on availabilities. Rates are inclusive of GST where applicable. Verbal quotes are estimations of price only and are subject to written advice on the booking confirmation

Check-in is available from 3pm on the day of arrival. To enter the Property, a code for the lock box will be provided in your pre-arrival text message. The latest check-out time is 11am on the day of departure.

There is a standard three-night minimum stay, a seven-night minimum stay over Christmas, New Years and selected public holidays.

At no time during the Guest’s Booking shall the number of Guests staying exceed the number booked, OHANA HALE can accommodate up to ten adults and two children.

(a) OHANA HALE accepts group Bookings. Guests have exclusive use of the Property.
(b) Guest Bookings will be subject to the current and updated COVID -19 regulatory restrictions. Guest will be responsible to ensure they check the NSW Guidelines as issued by the NSW Government at the time of making the booking. If the guidelines change in the period between the time of Booking and the date of the Booking, the guidelines on the date of the Booking will apply accordingly.
(c) All Guests in group bookings will be required to complete a guest registration form and only registered guests will be permitted to occupy the property for the duration of the stay.
(d) Visitors of Guests on the Property must be family members, friends, other responsible adults over twenty-one (21), or otherwise accompanied by a parent or legal guardian.

(a) Children are permitted as Guests only when staying with accompanied adults. The accommodation prices for children are included in the standard rate and refer to using existing bedding. (b) Children must be always supervised, especially around fencing, pools, stairs, verandas, balconies and cleaning chemicals. OHANA HALE is not responsible for any children staying at or visiting the Property.
If guests require a baby cot, highchair or children’s safety gates please advise us before your arrival so we can ensure these items are ready as they are available at request.

OHANA HALE does not accept Schoolies reservations or bookings from anyone under the age of twenty-five (25).

(a) OHANA HALE’s professional cleaning team use high grade (70%) alcohol-based products to eliminate risk of contamination and the spread of viral or bacterial residue on the premises and have implemented a stringent double clean where all surfaces are washed with hot soapy water before the high alcohol-based product is used.
(b) Guests will be responsible to take the necessary personal safety and hygiene procedures as required.

(a) The Guest will pay OHANA HALE the fees at the rate and in the manner specified in the Booking.
(b) The Guest agrees to pay the full 100% payment at time of booking.
(c) The Guest acknowledges that the check-in details will not be provided unless the full payment has been paid.
(d) OHANA HALE only accepts payment by Credit Card (Visa and Mastercard payments only).
(e) A credit card pre-authorisation will be held on all Bookings as a Security Bond for the Guest’s Booking. Valid credit card details will be held as Security Bond for the Booking. For more details on the Security Bond, please refer to clause 5.

(a) Cancellations with greater than 90 days’ notice prior to your arrival will incur a 50% cancellation fee.

(b) Cancellations with less than 90 days’ notice prior to your arrival will incur a 100% cancellation fee.

(c) No cancellations are accepted on the day of arrival or after check-in. The Guest will be charged the total of the reserved stay under all circumstances.

(d) A booking can be rescheduled with no cancellation fee, provided 90 days’ notice has been given. The new booking date must be within 12 months from the original booking date.

(a) A Booking may be cancelled due to force majeure, terrorism, natural disasters, pandemics, political instability, or other external events making it unviable for us to uphold the Booking. Where your Booking has been varied or cancelled, we will use our best endeavours to provide an alternative that is substantially the same or as similar as practical to the original Booking, or voluntarily offer you a right to cancel or change a Booking via our booking system.

(b) A Booking may be cancelled if it is affected by COVID-19 government restrictions or health issues affecting your time of travel, we will use our best endeavours to provide an alternative that is substantially the same or as similar as practical to the original Booking, or voluntarily offer you a right to reschedule your booking for up to 12 months from the date your booking was scheduled to commence, via our online booking system. Alternatively, we will offer you a credit, of the total amount of your booking, towards a future booking.

(c) A Booking may be cancelled, at any time including check in, due to a guest displaying flu like symptoms, appearing unwell or expressing that they are feeling unwell. In this case, we reserve the right to refuse your stay. Upon request by a member of our staff that you do not commence your stay at the property we will vary or cancel your Booking. Where your Booking has been varied or cancelled, we will use our best endeavours to provide an alternative that is substantially the same or as similar as practical to the original Booking, or voluntarily offer you a right to cancel or change a Booking via our booking system. Should you choose to reschedule your Booking, the commencement date of the new booking must commence no sooner than 14 days from the date the original Booking was due to commence.

(d) You acknowledge that such a necessity may arise from time to time, and any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those outlined in the terms and conditions of the Agreement. Under these circumstances, we will not be responsible for any incidental expenses that you may have incurred because of your Booking.

(e) OHANA HALE reserves the right to refuse or grant refunds for the Services, pursuant to the Competition and Consumer Act 2010 (Cth). Any requests by the Guest for refunds must be detailed in writing and will only be considered when options for remedies or replacements have been exhausted. (f) Any breach of governmental guidelines, law enforcement and health authorities, including any person in breach of orders made under the Public Health Act 2010 (NSW), or a person who intentionally spits at or coughs on: i. a public health official; or another worker whilst the worker in at work or travelling to or from working a way that is reasonably likely to cause fear about the spread of the COVID-19, will be reported to Crime Stoppers and asked to leave the property with immediate effect. Where your Booking has been varied or cancelled because of a reason set out in clause 4.3

(f) or a failure to adhere to the obligations set out in clause 5.1(o), you will be charged the total of the reserved stay under all circumstances and the remainder of your stay will be cancelled.

The Guest agrees:
(a) to follow all government guidelines, law enforcement regulations and health authority regulations, as applicable during the Booking.
(b) to be an occupant of the Property for the entire duration of the stay;
(c) not to sublet or allow unregistered Guests to stay at the Property;(d) to comply with all applicable laws and regulations;
(e) to co-operate with OHANA HALE and abide by these terms and conditions during their stay at the Property;
(f) not to use the Property for any purpose other than the Approved Purpose as set out in this Agreement;
(g) to close and lock doors and windows at check-out and when the Guest is not present at the Property to prevent theft of or damage to furnishings or the Guest’s personal Property and to contact OHANA HALE immediately where they are not able to secure the Property;
(h) not to use the Property for any criminal activity, including online, and acknowledges OHANA HALE will cooperate with any investigation of alleged criminal activity at the Property during or after the stay;
(i) The property is to be treated with care and respect and left in good condition to avoid excess cleaning charges. (j) not to smoke on the Property, including all guest rooms and communal spaces. If you will be smoking on or around the property, please dispose of all ashes and cigarette butts accordingly.
(k) not to use the Property for parties and gatherings without prior written permission;
(l) not to use glassware in the pool area at any time;
(m) to not have pets on the Property;
(n) to abide by the Noise and Good Neighbour Policy highlighted in clause 6.
(o) to leave the Property in the same condition as found, returning all furniture and styling pieces to their original location; and
(p) not to nail, screw, staple or fix anything to any wall, door or other surface or part of the building.

(a) Guest acknowledge, due to Covid-19 some facilities may be restricted or subject to certain mandatory guidelines as required.
(b) Guests will be required to practice “social distancing” where applicable.
(c) The Guest must contact management immediately with the 24-hour emergency contact number, in the event of an emergency.
(d) Free internet connection is available to all Guests. The connection of the internet during the Booking is not guaranteed and may be disrupted or unavailable without notice.
(e) Under no circumstances are motorbikes, dirt bikes, quad bikes, use of firearms or air rifles, fireworks allowed on the Property premises.
(f) All sporting and leisure equipment that is available to use at the Property must be securely stored and returned in the same condition. Lost, stolen, or damaged goods will incur costs in accordance with the Costs Schedule. (g) It is the responsibility of the Guest to ensure that any third parties engaged to provide services at the Property, including but not limited to caterers, beauticians, and massage therapists, are informed of these terms and conditions, and hold appropriate Public Liability insurances. OHANA HALE accepts no liability for any third-party services, including those which may have been recommended or referred by OHANA HALE.
(h) All personal Property left behind is the sole responsibility of the Guest who must either arrange payment for post or delivery or collect the item from the Property.
(i) The Guest acknowledges the Property may be visited by wildlife including, but not limited to rodents, insects, cockroaches, possums, water dragons, snakes and spiders, and agrees OHANA HALE is not responsible for the natural and surrounding habitat.
(j) OHANA HALE does not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas and internet. In the event of a failure, the Guest should notify our management in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by management, will be remedied at any time during or after the rental period, at the sole discretion of the management. (k) OHANA HALE reserves the right to enter the Property at any time, without notice, to protect and/or undertake maintenance of the Property. OHANA HALE will give notice to the Guest wherever possible.

(a) We encourage our Guests to tag @ohanahale.bangalow when posting during their stay at the property, and unless you expressly object, we may tag you in some of our posts on matters of interest or repost your images on our accounts.
(b) Where, upon request, you provide us with images of you or others, taken during your stay at the Property, unless you expressly object, you agree to release and hold us harmless for any liability in relation to the images which we may use for our marketing material or for promotional purposes.
(c) Guests agree testimonials we have received from other guests received by us are indicative of that guest’s experience at the Property and may not necessarily be typical. You recognise and agree these are not a guarantee of the experience you will have at the Property, though we do our best to ensure every Guest is satisfied.
(d) In the event you experience any issues or problems during your stay, you agree to give OHANA HALE the opportunity to rectify the situation prior to leaving negative reviews that may be published in the public domain, and which may be damaging to our reputation.
(e) Guests agree that upon leaving a review they consider the regulations regarding false statements under the Competition and Consumer Act 2010 (NSW), and pursuant to the Defamation Act 2005 (NSW), which allows for anyone who has had damaging material published about them or which may cause injury to their business, to take legal action against authors.

You acknowledge that parties and gatherings are strictly prohibited at OHANA HALE without prior permission from management, and that all noise shall be kept indoors after 10pm and prior to 8am. Excessive noise, music, and any other form of disturbance to neighbours is always prohibited and may result in an eviction without refund. Holiday letting noise is closely monitored by Byron Shire residents and the Byron Bay Holiday Letting Organisation. A 24-hour noise complaints hotline is in operation in the Shire and third-party security personnel will respond promptly.

Any noise complaints from neighbouring properties or security call outs because of calls to the hotline will result in a $500 fine and termination of your booking and immediate vacation of the accommodation without refund. This will not be negotiable.

Additionally, where OHANA HALE management, security guards or the police attends the Property to deal with noise complaints or excess Guests, or where a complaint has been received from the neighbours during or after your stay, you will be charged a fine in accordance with the Costs Schedule. Evidence of a party or function found after the Guests have checked out shall result in an additional charge.

A ‘good neighbour’ policy shall be enforced at OHANA HALE. You acknowledge that OHANA HALE will be treated with as much care as your own residence, and that it shall be left in the same condition as when you arrived. Behaviour exhibited by you and/or other Guests that is disrespectful of and disruptive to neighbours, traffic flow or the community, or which prompts complaints to the management from the police, local council or neighbours shall not be tolerated and may result in a fine or eviction. You and other Guests agree to abide by all applicable parking restrictions and limitations, there is space for up to four cars in the carport and driveway, please do not park in the rear lane and block access for our neighbours.

All Bookings will require a credit card pre-authorisation for a refundable Security Bond in the amount of $2000. The bond will be retained until an inventory and inspection has been completed at check-out, with the cost of repair or replacement of property to be deducted from your Security Bond. The remainder shall be refunded to you within 7 days. You remain responsible for, and will be charged for any damage, or cost of repair or replacement more than the Security Bond.

(a) The Guest acknowledges that breaching the obligations or any terms of this Agreement may result in fees as outlined in the Costs Schedule and/or any other associated consequences of the breach.
(b) All damages, breakages or losses to the Property, furniture and furnishing are to be reported immediately to management. To avoid being charged for any damage not caused by the Guest, such faults or breakages should be brought to management’s attention immediately following check-in.
(c) Following a final inspection and assessment after check-out, the Guest agrees OHANA HALE is permitted to deduct the fees from the Security Bond and to charge the Guest’s credit card for any fees over and above that amount, in accordance with the Costs Schedule and at OHANA HALE’s sole discretion upon determination.

We agree to comply with the Privacy Policy, the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use, and disclosure of information about identifiable individuals (Personal Information) held by or on behalf of the Guest to the extent that they are legally obligated to comply with these laws. Please also refer to the privacy policy of our online booking system Cloudbeds and for other online booking systems if booked through other platforms other than our website.

You agree to be responsible for any damage to the Property or equipment which you may cause due to negligence. You hereby waive and release, indemnify, hold harmless and forever discharge OHANA HALE and its agents, employees, officers, directors, affiliates, successors and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your usage of and/or stay at OHANA HALE, or any activities that you may have partaken in on the premises of OHANA HALE, provided that this waive of liability does not apply to any acts of gross negligence, intentional or wilful misconduct. You assume any risk, and take full responsibility and waive and of personal injury; infection, illness (including but not limited to contracting or spreading Covid-19), death, damage for injury, including personal injury and death, damage, or loss of personal Property, losses of any kind whatsoever arising out of, attributable to cause by, or resulting from your booking and or stay, associated with OHANA HALE, including but not limited to using the property in any manner, form or fashion, and participating and/or engaging in any activities on and off the premises.

To the fullest extent permitted by law (and to the extent permitted under Australian Consumer Law), the total liability of OHANA HALE under or in connection with this Agreement in respect of all Claims (if any) is limited to the Fees paid or payable for the Booking and in any event, will never exceed the available proceeds of the professional indemnity and/or public liability insurance coverage of OHANA HALE (as varied from time to time) or the fees paid to OHANA HALE by the Guest, whichever is the lesser amount.

In no case shall OHANA HALE, its officers, employees, affiliates, agents, contractors, or licensors be liable for any Consequential Loss arising from the Guest’s use of, or reliance on the Services, the Website and/or content or information (including regulatory or legislative) provided in the Property or in information brochures in the Property including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

Further, nothing in this Agreement is intended to limit any Australian Consumer Law guarantees or warranties that may apply to the Services and that cannot be excluded.

If a dispute arises out of or relates to this Agreement, a party must not commence any court or other proceedings relating to the dispute unless it has first issued a written notice to the other party specifying the nature of the dispute. Upon receipt of the notice by the other party, the parties must endeavour to resolve the dispute within twenty-one (21) days using informal dispute resolution techniques including settlement discussions and mediation. If the dispute cannot be resolved, then the parties shall be free to pursue any right or remedy available to them under applicable law. Nothing in this Agreement will prejudice the right of a party to institute proceedings to enforce payment due under this Agreement or to seek urgent injunctive or declaratory relief in respect of a dispute or any matter arising under this Agreement.

If any provision or part of this Agreement is void or unenforceable for any reason, then that provision or part will be severed from this Agreement and the rest of this Agreement shall be read as far as possible as if the severed provision or part had never existed.

The parties agree that:(a) this Agreement is the entire agreement between OHANA HALE and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between OHANA HALE and the Guest in that regard; and(b) any changes to this Agreement must be agreed in writing between OHANA HALE and the Guest prior to the changes coming into effect.

12.3 GOVERNING LAW AND JURISDICTION

(a) This Agreement is governed by the laws applicable in the state of New South Wales and the parties agree to irrevocably submit to the exclusive jurisdiction of the courts of that Sate.

(b) OHANA HALE operates in accordance with the guidelines set out for Byron Bay Municipal Council Short Term Rental Accommodation. All guidelines must be adhered to or can result in eviction from the Property.