Terms & Conditions

McGrath Estate Agents

Terms & Conditions

Holiday Letting – Terms & Conditions – Effective 1st May 2020

Please read carefully. When you make a reservation with us, these conditions are deemed to have been accepted by all guests that stay at the property.

Please call us on 02 4455 6988 for clarification of any term.

Your booking is managed by McGrath Estate Agents on behalf of the owner. Guests are granted a license to occupy the property for the term of the booking. Failure to comply with these terms and conditions may result in penalties.

Bookings & Payment –

To proceed with a booking via McGrath Estate Agents Mollymook the following booking and payment conditions apply:

Booking Fee Applies This is non-refundable
Deposit – 50% of the total booking amount is payable by direct deposit, credit card

on the date of booking. Credit cards incur a 1.76% fee.

Balance of all outstanding monies is due 8 weeks prior or 60 days before arrival by direct deposit or credit card.

Cancellations must be in writing. A total cancellation fee of $165 will apply under ANY and ALL circumstances.
The following conditions apply:

  1. If the property is re-let for the total period, only the total cancellation fee will be deducted

  2. If the property is NOT re-let for the total period there will be no refund.

Refunds – Under no circumstance with McGrath Estate Agents offer refunds for:

  1. Late arrivals, early departures or unused days of your holiday rental

    property reservations.

  2. Interruption of Wi-Fi supply

  3. All non-essential facilities such as washing machines etc if they break

    during your stay

McGrath Estate Agents Mollymook does NOT offer refunds or reschedule bookings due to weather events, traffic delays or natural disasters. You are encouraged to take out travel insurance to cover such events.

Security Deposit is required as a condition of rental. We require authority to debit up to $1000 in total for a bond with $500 security deposit taken from your credit card the day before your arrival date. If there is no breach of our Terms and Conditions the money will be refunded back to you within 7-10 business days. Should there be a bond claim for any reason you will be notified that the claim has been made. If there is a claim taken and is not covered by the security deposit taken, McGrath Estate Agents has the right to charge an additional processing fee of $99.

Fee for changes to booking Once your booking has been confirmed we reserve the right to charge additional $165 for any changes made. By paying a deposit, the guest is reserving a specific property for a specific date. The dates and the property cannot be changed, doing so would effectively cancel the original reservation and cancellation terms will apply. However, we may be able to transfer your booking to different dates or reduce the stay, at the landlords discretion. There are no guarantees that will be possible.

Credit Card Saving - The credit card issued to the agent will be saved from 14-30 days before removal for the purpose of

  1. Processing payments on the due date

  2. Charging the guest for the supply of duplicate keys or re-entry/rekeying at

    cost or our call out service fee of $110

  3. Charging the guest if:

    • A member of McGrath Estate Agents is called to attend to the property to see to an issue that is deemed non-emergent and caused by the guest ($110 per callout)

    • A credibly noise complaint by the neighbours and/or the police/security are called to the property ($500 per offense)

    • Cost to repair or replace if there is malicious, deliberate or negligent damage to the property

    • Cost to steam clean carpets, furnishings, linens etc if pets are at a non-pet friendly property, pets have been allowed on furniture or in/on beds, or there is evidence of smoking inside the property.

    • $50 charge if BBQ’s are not cleaned thoroughly by the guest prior to departure.

    • Cost to remove excess rubbish

      Price Changes - In some cases, accommodation rates may be subject to increase after you have made payment. Should this occur you will be notified and given the opportunity to pay the difference in tariff, or we can help you find alternative accommodation. If this is not satisfactory, you will be refunded and you hereby agree that you will accept the refund as an acceptable outcome.

      We will only charge the guests card in accordance with our terms and conditions and any applicable Australian Laws. All charges will be subject to a service fee equivalent to the merchant fee paid by McGrath Estate Agents Mollymook.

Guest Information & Obligations –

It is a condition of your stay that you adhere to your Terms and Conditions, and leave the property promptly after completing the departure checklist that is clearly displayed at the property. Guests must always abide by the local council and states planning laws and guidelines regarding short term residential accommodation.

Check in and Out Times- Regular check in is from 2pm. Check out is 10am. During December/January at McGrath Estate Agents check in is from 4pm and check out is 10am.
NOTE: These times may be adjusted at the agent’s discretion. There will be no refund or credit should these times be adjusted after you have booked the property.

Further we cannot guarantee that a property will be ready at check in time. We will endeavour to have the property ready, however, circumstances may sometimes cause delays.

Cleaning – Is included in the full tariff, however if excessive cleaning is required over and above what is considered by McGrath Estate Agents to be a standard clean, the guest will be charged at cost.

Keys – If guests require duplicate keys $110 service fee applies. If we are unable to provide a key for any reason, then the guest must engage the services a professional qualified locksmith to gain access. The locksmith’s invoice must be paid directly to the locksmith at that time. Guests must not break into, or attempt to break into the premises when locked out. Keys should be returned as per instructions provided. Should they not be returned guests will be liable for any charge incurred in gaining entry and/or replacing keys and changing locks if necessary, plus a processing fee (minimum charge of $110)

Rubbish – You must take any excess rubbish that does not fit in the provided bins when you leave. If it is bin night please ensure to put the bins out on the kerb. You will be charged a tipping fee if there is excess rubbish or if the garbage bin is not put out on bin night as requested.

Issues during your stay – If you encounter an issue contact us immediately so that we can attempt to fix it. We will not be able to consider compensation unless we have been afforded the opportunity to solve the problem.

Should you discover a fault or breakage when you arrive, please advise us directly to avoid being charged for this damage.

Children – No responsibility will be taken for children or pets staying at or visiting the property. Please supervise carefully, always taking into consideration pools, dams, stairs, verandas, balconies and cleaning chemicals. Children under the age of 10 years should not sleep on the top bed of a bunk.

Smoking – Smoking is not permitted inside any of our properties. If you need to smoke, please do so away from the property to ensure the smoke does not enter. If evidence of smoking inside the property is detected, you will be charged for steam cleaning of carpets and furniture, laundering of all soft furnishing and linen, plus replacement of linen where necessary.

Third party services – Should you engage the services of a third party during your stay such as a caterer, beautician, massage therapist etc, it is your responsibility to ensure that they adhere to these Terms and Conditions, and hold appropriate Public Liability insurance.

Number of guests – Each holiday property is equipped for a specific number of guests. No mattresses, tents, caravans or more cars than the property accommodates are allowed. It is against Health Department Regulations for more persons to occupy a property than there are beds to accommodate them.

The guest limits apply at all times during the booking. Any extra guests (this includes day visitors) above those that have been booked and paid for must be approved in writing prior to the stay. The owner has the right to charge for extra guests/visitors and to decline any request. Any unapproved excess guests/visitors may result in a party/function $1000 fine.

Noise – We have a strict ‘no party’ policy. Only the guests staying at the property are permitted to be present. If there is, or is evidence of a party/function, you may be asked to vacate the property IMMEDIATELY with no refund of monies. Noise audible outside the property is prohibited between 10pm and 8am.

Noise disruption for these purposes includes: loud behaviour of any type that disrupts the peace and quiet of others; intrusive or abusive language; loud music or any other sounds affecting other residents that is audible outside the boundaries of the property.

Good neighbour policy – The property is a privately-owned home, and we enforce a good neighbour policy. Please treat the property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived.

Recreational Activities – Under no circumstances are the following activities permitted at any of our properties: motorbikes, dirt bikes, quad bikes, use of firearms or air rifles, fireworks.

Pets – Unless your property is stated as “Pet Friendly” no circumstances are pets allowed at the property.

Lost property – Guests are solely responsible for their belongings whilst staying at the property and are required to take the usual steps to prevent any property loss, including locking premises and vehicles when not attended. If personal property is left behind, it is the guest’s responsibility to arrange its return by providing McGrath Estate Agents with a suitable prepaid satchel or by collecting the item from one of our offices.

If not claimed within 30 days from departure date, it will be disposed of.

Agent/Owner Limitations of Liability

Property - We have taken great care to describe your holiday accommodation to you as accurately as possible. We cannot however, accept responsibility for incorrect descriptions, errors or omissions.

Substitution of property - At times, situations arise over which we have no control such as ownership changes, extensive repairs or maintenance, or if properties are removed from the holiday rental market. We reserve the right to offer guests alternate accommodation of a similar standard, as available, at our discretion. In the unlikely event, we will notify you as soon as possible and make every reasonable effort to ensure you are satisfied. We cannot guarantee accommodation and, should an alternative not be found, you will be refunded. You hereby agree that, in this case, you will accept the refund as an acceptable outcome.

Wildlife - Our properties are maintained and cleaned regularly, however, wildlife is common in country and coastal areas. McGrath Estate Agents and/or the owner do not accept liability for the unfortunate or seasonal visits of any wildlife including, but not limited to; rodents, insects, cockroaches, kangaroos, wombats, snakes and spiders.

Access – McGrath Estate Agents and/or its representatives reserve the right to enter the property at any time, without notice, to protect and/or undertake maintenance of the property. We will provide notice to the guests wherever possible.

Equipment – McGrath Estate Agents and/or the owner do 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 team in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by McGrath Estate Agents, will be remedied at any time during or after the rental period.

Limited Liability – To the maximum extent permitted by law, in no case shall McGrath Estate Agents, nor any of its affiliates be liable for any indirect, incidental, consequential, special or exemplary damages or for any damages for death, personal or bodily injury, emotional distress or damage to property, arising out of or in connection with your stay. This limitation applies to all claims for damages including negligence even if McGrath Estate Agents has been advised of the possibility of such.

Indemnity – McGrath Estate Agents and/or the property owner do not accept liability for any personal loss or injury to the guest/s during the rental period, including that caused by events beyond our control. Events may include, but are not limited to; adverse weather, fire, flood, traffic or flight delays, war, terrorist activity, civil disobedience, or other force majeure and no refund or credit will be offered under these circumstances.

Telephone Bookings: We accept no responsibility for miss-description of the property. Information is given in good faith. 

Future Bookings: To rebook the same property, we ask that you rebook online or contact us on 02 44556988. 

NOTE: A BREACH OF THESE CONDITIONS WILL PERMIT THE AGENCY TO IMMEDIATELY TERMINATE THE TENANCY WITHOUT REFUND OF TARIFF 

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