Terms and Conditions


  1. Reservations/Bookings booking will be confirmed on receipt of a fully cleared payment and the relevant box is ticked and the agreement signed accepting the Terms and Conditions. The person who has made the booking must be the same person changing or cancelling the booking and coordinating payment – we accept EFT, cheque and some credit cards. All transactions will be done in Australian dollars.  Final payment must be received 14 days prior to guest’s arrival.

1a. Covid Declaration In making this booking our guests declare the following, that they have familiarised themselves, will comply with at all times leading up to, and during their stay, and will continue to keep themselves updated with the requirements pertaining to Infectious diseases, Covid-19 Public Health Orders and Restrictions in accordance with the Public Health Order , under Section 7 of the Public Health Act 2010:

Including but not limited to the following:

  • Upon arrival on commencement of their booking, neither themselves nor other guests that will be present at any time during the booking period, at the property they have booked, have covid related symptoms,
  • Neither the guest that made the booking or any of the other guests or visitors to the property during their stay have not been diagnosed with covid – 19 within 14 days of their arrival to the property,
  • Neither the guest that made the booking or any of the other guests or visitors to the property during their stay or upon arrival, are within a period of mandatory 14 day isolation due to returning from a covid-19 declared risk area, or have been in contact with someone that has been positively tested with covid-19 within the past 14 days,
  • Neither the guest that made the booking or any of the other guests or visitors to the property during their stay have not been tested for covid-19 awaiting results,
  • Neither the guest that made the booking or any of the other guests or visitors to the property during their stay are not arriving from a covid-19 declared hotspot at the time of their arrival.

1b. Suitability of accommodation: Our listings will describe the property and location to the best of our staff’s knowledge, it is the sole responsibility of the guest to assess the suitability of the accommodation for their needs. We will not facilitate any discounts or refunds should our guests find the accommodation be unsuitable.

1b.Suitability of accommodation: Our listings will describe the property and location to the best of our staff’s knowledge, it is the sole responsibility of the Guest to assess the suitability of the accommodation for their needs. We will not facilitate any discounts or refunds should our guests find the accommodation be unsuitable.

1c. Future bookings: Bookings are taken by us, the agent, for the current property owner, if the property is sold or the owner’s circumstances have changed or the property is taken off the holiday market  for reasons out of the Agent’s control, we cannot guarantee that either the new owner will continue to make the property available or the booking will still be made available. In the event a booking is cancelled by the owner of the property, either a full refund will be provided to the guest, or where possible we will attempt to relocate the guest to another suitable property. In doing so, if the alternate property price is higher than the former booking, the difference in cost must be paid by the guest to the agent, before the new booking is secure and confirmed. If the alternative property price is less than the property originally booked, credit will be issued to the guest, toward an alternate booking/bookings. Whilst our agents do accept bookings in good faith, the guest acknowledges that the agent does not own the property, they are engaged to manage the property under the owner direction, as such the owner may instruct the agent to cancel or ask the guest to amend booking dates at any time up until the day of check in.

Bookings are taken by the agent for the current owner, if the property is sold or owner circumstances have changed in which the property is taken off the holiday market,  for reasons out of the Agent’s control, we cannot guarantee that either the new owner will continue to make the property available or the booking will still be made available. In the event this does occur, either a full refund will be provided to the guest, or where possible we will attempt to relocate the guest to another suitable property. In doing so, if the alternate property pricing is higher than the former booking, the difference in cost must be paid by the guest to the agent, before the new booking is secure and confirmed.

1d. Booking requests: The agent has the right to refuse to accept any booking if an owner has instructed the agent that the owner believes the booking is not in their best interest.

  1. Payment Method and Security Bond: For all bookings, 50% of the tariff plus administration fee, is required as deposit to confirm the booking and is payable at the time of the booking. The credit card used to pay your deposit will be saved via Secure Pay and used to process any balance payment owing on the date due. This saved card is also used as security during your stay. All credit card/debit card payments will incur a service fee.  All rent monies received will be deposited into a legislated Trust account with Westpac Bank and held until contract termination (excluding security bonds as detailed below). Trust accounts do not accrue interest.

A security bond will be paid by the tenants and held by the Managing Agent until up to 14 working days after the expiration of this Tenancy. Your bond will be forfeited on breach of this agreement, in addition to damages rectification, or will be kept after vacating the property until such point that the property is inspected and cleared of damage. In the event that repairs are to be made, the bond will be kept indefinitely until such point as repairs can be assessed and made. The bond will be kept until the damage is resolved, at which point the money will either be in full or part refunded to the guest or in full or part paid to the owner of the property for the damage caused. Further payments may be required if there is loss or damage exceeding this amount. Agreeing to the Terms and Conditions of this agreement gives Bill Knaggs Real Estate permission to deposit these monies into a Trust account and, at the conclusion of this contract, direct monies to be paid to the owner of the property, less commissions, paid to Bill Knaggs Real Estate and agents where applicable. Any bond claim will also be subject to a $50 per hour administration charge.

  1. Conditions & Cancellations:A booking can be cancelled up until three (3) months prior to the commencement of the booking and the deposit refunded less a $200 cancellation fee.   Should the tenant want to cancel the booking within three (3) months of the commencement date, the tenant will only be entitled to a refund of any monies paid, LESS cancellation fee of $200, when the accommodation is re-let for the whole term of the Agreement at the full rent. Reasonable changes to a booking can be made subject to agreement by the agent.
  2. House Manager: The person signing this confirmation will be designated as the house manager and will be nominated as the primary contact. The house manager must be 21 years of age or older, warrants that he/she is authorised to agree to this agreement on behalf of all occupants and takes full responsibility to ensure that all occupants (and any guests or invitees of such occupants) understand and agree to this agreement. A mobile phone number must be provided and be contactable when occupying the property 24/7 for security purposes.
  3. Property Usage: The property is to be used for short term residential accommodation (holiday letting) only. The property may not be used for any commercial purpose, wedding, party, gathering or any other function. Also see clause 14 below.
  4. Check-In, Check-Out & Keys: Check-in is from 2pm onwards and check-out is 10am.Please see your booking confirmation and pre arrival email for your key collection location. Our Nelson Bay office hours are Monday to Friday 9am to 5pm, and Saturday 9am to 3pm.Please note our office is closed Sundays and most public holidays. Keys can also be collected from Holidays by The Bay 1/3 Yacaaba Street, Nelson Bay 2315 up until 5pm Monday to Friday, and Saturday 9am to 3pm and later upon arrangement.

If your key collection point is 1/3 Yacaaba Street Nelson Bay, special arrangements are our lock box or an SMS alert required for collection of keys after hours, on a Sunday or public holiday.

Late departure fee will apply if keys are not handed back by nominated check out time.

Please contact the Property Manager the day before your arrival to confirm your arrival time. If you wish an early arrival it is best to contact the Property Manager a day before your booking, early arrivals cannot be granted outside of this (as we might have a booking before you). Same policy for late check-outs, the Property Manager will happily grant a late check-out unless we have an arrival on your departure day and the property needs to be cleaned. An earlier check in and late checkout is not available during the peak summer season.  Replacement of lost keys and remotes will be charged to the guest.

  1. Guest registration form and security deposit:

A Guest Registration form is required to be completed for all bookings. A credit card pre-authorisation for the applicable security deposit will be made with the minimum payment generally not less than $200, however amounts vary upwards depending on the property Owners requirements. An increased security deposit may be incurred for a group booking or specific properties at our discretion. Your personal details are retained subject to our privacy policy. The security deposit balance will be automatically released to your card within 7 Business days depending on which institution you bank with.

  1. Telephone & Internet: Varies from property to property, please refer to property details or Holidays by The Bay Property Manager. We cannot guarantee phone or internet coverage at any property.

Where Wi-Fi is provided, guests are requested to be responsible in using it and only use it for accessing emails, social media and simple on-line searches. Wi-Fi is not unlimited.

  1. Parking: Refer to the property advertisement for the number of parking spaces provided. By signing these terms and conditions you agree to only park in the designated area, you will not park on any grassed area and you will not block access to any other properties.

10.Housekeeping & Maintenance:  There is a cleaning charge for each property, this includes all general cleaning but not extraordinary cleaning, if the home is left extra-ordinarily unclean. Extra services can be arranged for an additional fee. On arrival and in the unlikely event that the property requires further housekeeping or if there is a minor maintenance issue, please inform our Property Manager immediately. They will co-ordinate the appropriate person to fix the problem as soon as practically possible.

11.Garbage Removal & Cleaning:  The occupants are required to leave the property in the same clean, neat and tidy condition, as it was when they arrived. This includes, without limitation, washing up, putting dishes in cupboards, fridge cleaned out, BBQ cleaned and rubbish to be placed in appropriate bins provided on vacating the property. If additional extra-ordinary cleaning is required, the cost will be charged against your security bond. In an attempt to keep rates low, we only have provision for rubbish for the household bins, any additional rubbish can either be removed by the guest (our recommendation) or, if additional extra-ordinary rubbish is left behind, the Property Manager will organise for our contractor to collect and dispose, at the guest’s expense, any excess rubbish at a cost of $45 per bag plus service fees.  If you happen to be a guest during rubbish collections, it is a guest’s responsibility to ensure the bins are available for council collection, any questions please ask the Property Manager.

12.Smoking:  Smoking is NOT permitted inside any Holiday Rental Property. If it is found that smoking has occurred, costs associated with the cleansing of the property to remove all traces of cigarette smoke and butts, will be charged to the guest. This can include dry cleaning of soft furniture and furnishings. Any evidence of smoking inside the property will incur a minimum cleaning fee of $250. If smoking outside of the property, please respect the neighbours air space by not smoking near their property.

13.Pets: Please do not assume that a property is pet friendly, it must be advertised as such. If you are unsure, please call Bill Knaggs Real Estate for clarification. If you are bringing a pet to a pet friendly property, you agree to ensure the pet is supervised to avoid barking and howling which upsets our neighbours. You agree to pick up after your pet and to clean the yard back to its original condition. Pets are not allowed inside the accommodation unless clearly advertised. Any damages or pet waste found at the property will incur an extra-ordinary cleaning and repair charge. If you are found to have a pet at a Holidays by The Bay managed property, which is not pet friendly, your lease will be terminated. These terms and conditions also apply to visitors to the property. If letting a unit, no animals or birds are permitted in units as it is against the Body Corporate Regulations.

14.Loss, Damage or Injury:  Holidays By The Bay, the owner and their respective employees and agents, take no responsibility whatsoever for loss or damage of any property, or personal injury or death, of any occupant, guest or invitee of any such occupant and they each exclude all liability to the maximum extent permitted by law. The occupants acknowledge the environment in which the property is located and must take extreme care including, without limitation, observing safety signage, fire and safety directions and procedures and exercise caution whilst inside and when venturing outside the property. Occupants must report breakages immediately (or as soon as practical) and are responsible for loss or damage of property belonging to them, or their guests, and for the damage or loss of property belonging to the property during their stay. Your security bond will be kept up to 14 working days after your vacating the property for this purpose. We recommend travel/health insurance as security for the event of accident, sickness or cancellation caused by unforeseen circumstances such as transport problems or illness. Please be aware of any surrounding natural bush land and there may be dangerous snakes, spiders and other animals and bugs including ticks, midges, sea lice and sandflies from time to time at some properties or surrounds. If you are sensitive, please insure you use an insect repellent and wear covered shoes if you are bush walking.

15.Noise, Schoolies, Parties & Behaviour:  The house is for registered occupants only (as indicated above). Parties are not permitted under any circumstances and there is to be no disturbing noise between 10pm to 8am with no excessive noise at any other time. A $100 deduction will be charged with each Property Management callout, a Private Security callout involves 2x Private Security personal for a minimum of 4 hours each. If your behaviour or that of your guests causes damage, danger or annoyance we reserve the right to ask you to vacate the property immediately. Please note functions of any kind are not permitted and the invitation of additional guests beyond the homes capacity will enact our Event Policy. If you breach this agreement, you will forfeit your entire security bond in addition to any damages, cleaning and Property Manager and security callouts. Any breach of contract will forfeit your bond and/or event surcharge will be deducted from your security bond.  Please note: Our policy here must be extremely strict due to our responsibilities to our homes, owners and neighbours. If guests damage/break belongings or invite additional guests, then we have little recourse as we must protect our homes. We are not unreasonable by any means; therefore, if you think your ideal weekend would meet expectations, not damage the house or cause any neighbourly grievances please talk to us first.

16.Property Manager:  Our Property Manager will be of assistance for check-ins and is happy to offer advice at this time and by phone when required, however we kindly ask you to respect her/his time during the weekends and evenings unless it is an emergency. Other than as provided for in this agreement, the property is not serviced.

17.House rules:  The property contains house rules (see Holidays by The Bay folder in the house). Please read and observe these rules which are deemed to be incorporated in this agreement.

18.Building works and renovations: Holidays by The Bay and the property owner cannot and will not be held responsible for works and any associated noises outside of their control. Where building works are being carried out in the property or in surrounding properties that you are booked in to, it is the individual owners and Body Corporate’s responsibility to notify us of any such building refurbishment or renovation. No responsibility is taken for disturbances or inconvenience caused by renovations or building works near-by. In all instances, we will undertake to advise you of anything we are aware if at the time of booking.

19.Linen: Linen is NOT supplied unless specified in the property advertising. You are welcome to bring your own linen or it may be hired at the time of booking. If you change your mind, you are welcome to add or remove your linen order up to 2 days prior to your arrival. Please note that clean linen MUST be used at all times for the duration of your stay. If it is found that you have not used sheets and pillow slips on the beds you will be charged to steam clean the mattress and replace all the pillows & pillow protectors.

20.Please Note:  A breach or indicated breach of any of the above conditions will permit Holidays by The Bay to cancel or amend a booking, refuse access or occupation or immediately terminate a tenancy. Refunds will not be paid on terminated tenancies and penalties may apply in the event of parties/events. All details must be filled out correctly and payment processed before the confirmation of booking. As the property is an individual house and not a hotel with staff where rooms can be swapped, we cannot offer alternative accommodation or a refund if the property is not to your individual taste. We encourage guests to choose their properties carefully and ask any questions you wish. We do not refund for problems such as, but not limited to, plumbing, electrical, television, Wi-Fi not working, light globes out, any appliances or pool/spa (where applicable) not working, blackouts etc. We will endeavour to fix all problems as soon as practically possible, but as these are entire properties, occasionally a few maintenance issues may arise; fortunately, most are easily fixed. It is therefore paramount you make your property selection carefully. Minor interior and exterior decorations change from time to time in order to maintain the property. Images on the website are not always an exact representation of the property as changes can and will occur to keep a property fresh.

  1. Your Signature Confirms:  That you and each occupant have read, agreed and accepted these terms and conditions and you authorise Holidays By The Bay, or representative, to debit the full amount of your accommodation from your credit card or alternatively you may provide an EFT. You also acknowledge that this contract terminates upon the final vacation of the property, that any rental monies collected will be held in a Trust account until contract termination whereby they will be paid to the owner of the property (less commissions and fees). Your security bond will also be held in a Trust account and subject to the above terms and conditions, the funds will be returned to your nominated account within 14 working days.

Thank you for booking with Holidays by The Bay.

Losses and expenses include;
* Damages – at the total amount to repair the damage/s plus $50.00 administration fee to coordinate such work
* Missing items – at the total cost to replace the missing items plus $50.00 administration fee to coordinate such work
* Excess cleaning – at the cost to pay for the time of the cleaning staff, this includes the washing of dishes, removal of garbage, carpet cleaning, and any other situation that would cause the cleaners to spend extra time cleaning the property.
* Replacement of keys and remotes including labour – please note that it is the right of the owner to request all locks to be changed in the instance of lost keys, so that their property is secure.
* Late departures – if you have not organised a late departure (and do not have proof in writing) you may be charged for the time delay that the cleaners or other contractors may incur, this cost varies but is at a minimum of $25.00
* Outstanding funds for rent, linen, equipment hired.
* Excessive linen cleaning costs – if the owners linen has been stained or damaged or required extraordinary cleaning, the guest is liable for all costs of cleaning and or replacement of full sets of linen plus $50.00 administration fee to coordinate such work.
* Excessive noise or neighbourhood complaints – A charge of $50.00 per call out / complaint will be charged plus any expenses incurred from having a security guard / company attend the property.

Please note that a pre-entry inspection is conducted by our staff before all guest arrivals and after each guest departure. All losses or expenses will be accompanied by an itemised tax invoice.