Carefully read the following terms and conditions that apply between Apartments Plus Pty Ltd and you, the guest, for the booking and occupancy at the apartment booked and confirmed for your stay.
TERMS AND CONDITIONS OF USE
The following information sets out the conditions of use, general disclaimer and copyright conditions of www.apartmentsplus.com.au (“the Website”). B.D.G. Properties Pty Limited (ABN 23 096 082 021) (“Apartments Plus”) is the operator of the Website and can be contacted at info@apartmentsplus.com.au
By accessing, viewing or using the Website, You:
(a) warrant that You are accessing the Website from within Australia; and
(b) acknowledge, accept and agree to abide by these terms and conditions of use.
Apartments Plus provides the Website to facilitate the bookings and occupancy of Apartments but is not responsible for all Content and makes no representation or warranty that the Content is complete or up to date. If any Content is provided by Apartments Plus on the Website it uses its best endeavours to ensure at the time of publishing (as indicated by the published date of each section of the Website) that the Content provided by Apartments Plus was complete to the best of Apartments Plus knowledge.
1. Dictionary
“Apartment” means any Apartment advertised on the Website;
“Apartment Rental Rates” means the fee charged for the Apartment;
“AUD” mean the currency of the Commonwealth of Australia;
“Apartments Plus” means the company B.D.G. Properties Pty Limited, ABN 23 096 082 021, its affiliates, business partners and their respective employees, officers, agents and contractors;
“Booking” means the online property booking of an Apartment;
“Booking Confirmation” means the email confirmation You receive from a Booking Consultant;
“Booking Consultant” means any representative of Apartments Plus who helps you;
“Content” means any information, datatext, software, music, sound, photographs, graphics, video messages, prices, or other material;
“Departure Cleaning fee” means the fee disclosed in the Booking confirmation for end of stay cleaning;
“GST” means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature;
“Input Tax” means an amount equal to the amount of GST paid or payable for the supply of anything acquired;
“Intellectual Property Rights” means all rights, whether registrable, registered or unregistered in any patent, trade mark, trade name, business name, company name, copyright, registered design or other design right or circuit layout right, or any applications for, or rights to obtain or acquire, any such rights;
“Long Term Stay” means any stay over ninety (90) days;
“Owner” means the owner of an Apartment;
“Primary Payment” means any payment by You to Apartments Plus of any fees or other amounts payable by You to Apartments Plus under these terms and conditions;
“Security Deposit” means the deposit required for an Apartment in addition to the Apartment Rental Rate specified as the Booking Confirmation;
“Short Term Stay” means any number of days under (90) days;
“Tax Invoice” means an invoice in the format required by the law and which also shows the amount of GST payable by You in respect of the relevant primary payment;
“We”, “Us” means Apartments Plus and the Website;
“You” means any user of the Website;
“Your Stay” means the period you have booked the Apartment for.
2. Quality of the information
Apartments Plus has made all reasonable efforts to ensure that all Content provided by Apartments Plus on the Website is accurate and up-to-date. Apartments Plus is not responsible for the accuracy of any Content provided by any Owner or any third party. However Apartments Plus cannot guarantee complete accuracy of the Content on the Website and assumes no legal liability or responsibility for the accuracy, currency or completeness of any information found on the Website. To the extent permitted by law, Apartments Plus excludes all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the information contained in or provided through the Website. You acknowledge that the use of the Website is entirely at Your own risk.
3. Content compliance with Australian regulations only
Apartments Plus recognises the global nature of the Internet and also recognises that the sale of Apartments and the provision of services are subject to country-specific legislation with regard to the information which may be provided. Apartments Plus has used its best endeavours to ensure that the Content provided by Apartments Plus contained on the Website, comply with specific Australian legislation, regulations and codes of practice for the rental of Apartments. However, Apartments Plus takes no responsibility for the accuracy or legal compliance of the information provided by anyone but Apartments Plus. You acknowledge that You need to satisfy Yourself of the accuracy of any Content not provided by Apartments Plus before proceeding with a transaction.
4. Third party liability
4.1 If You use the links to external websites available on this Website then You acknowledge that Apartments Plus has not reviewed and is not responsible for any information contained and accessed through any link provided on the Website.
The links to these websites are made available by Apartments Plus for Your convenience only. The existence of these links does not constitute a guarantee or endorsement of those websites or the products or services offered by such websites, by Apartments Plus. Views or recommendations provided in the linked websites do not necessarily represent the views of Apartments Plus.
4.2 Apartments Plus accepts no responsibility or liability for information shown or advice given on these websites, whether or not these websites are hosted or otherwise affiliated with Apartments Plus. These terms and conditions extend to Your use of those websites.
We recommend that You carefully read their terms and conditions for each website You visit from the links provided, including their
privacy policies, especially if You are asked to supply personal information to those sites. The Website’s privacy applies solely to
the information collected by this Website.
5. Bookings
5.1 Selecting an Apartment
When You find an Apartment on the Website which You would like to book, please follow the instructions online to contact a Booking Consultant.
5.2 Booking an Apartment
When you book an Apartment, You agree that:
i. The Apartment is rented to you for period shown on the Booking Confirmation (“Your Stay”).
ii. The Booking is not confirmed until the first invoice is paid by You.
iii. Apartment Rental Rates listed on the Website are subject to change at any time.Peak Season Rates are not listed on the web site, the dates for Peak Season are 10th December – 10 January.
iv. Apartment Rental Rates shown on the Website are based on weekly rates and vary according to the length of the rental of an Apartment
v. The Apartment Rental Rates exclude GST but the Mandatory Departure Cleaning Fee which is in addition to the Apartment Rental Rates includes GST.
vi. All charges and fees other than the Apartment Rental Rates include GST.
vii. To secure the Booking, payment must be made in full within 7 days of receipt of the Booking Confirmation and first invoice forwarded by You. If payment is not received within this time frame, the Booking may be cancelled.
viii. If deposits or final payments are not received by due dates specified in the Booking Confirmation and invoice, the Booking may be cancelled by Apartments Plus.
5.3 Payment Options
You can pay for a Booking by using one of the following:
i. Credit Cards accepted are American Express, MasterCard and Visa. A Credit Card surcharge applies to Credit Card payments.
ii. EFTPOS
iii. Direct debit to our BANK account
iv. Telegraphic transfer may be allowed in exceptional overseas circumstances.
All fees and charges quoted on the Website are in AUD.
All bookings are subject to acceptance and availability. We reserve the right to refuse a booking for any reason whatsoever.
Prices listed on the Website are current at the time your Booking is made. The prices can change from time to time.
5.4 Cancellations
You agree that:
i. Apartments Plus will refund any prepaid amounts for a Booking less a $150 Administration Fee if the Apartment can be rebooked for the dates of your cancelled booking. If a substitute booking cannot be found, cancellation fees are as per the following schedules:
· Cancellation of bookings made during that period in advance will require 3 weeks’ written notice to be given. If 3 weeks written notice is not given 1 week Apartment Rental Rate rent will be charged.
· Cancellation over 28 days before arrival, — full refund less administration fee.
· Cancellation — less than 28 days before arrival, — 50% refund.
ii. Apartments Plus reserves the right to charge the Short Term Weekly rate where a Long Term Stay booking has been reduced.
iii. Peak season is from 10th December – 10 January, each calendar year (“the Peak Season”) and any cancellation of a Booking during the Peak Season requires at least three (3) weeks prior written notice. If you do not provide the required notice, no monies will be refunded on . the accommodation portion of the Invoice.
5.5 GST
You agree that:
(a) If we are liable by law for any GST on any Primary Payment, You must pay to us the amount of the GST.
(b) You must pay to us an amount in respect of any GST that You are required to pay under this Agreement:
(i) at the same time; and
(ii) in the same manner,
as You are required to pay for the Primary Payment to which the amount in respect of GST relates.
(c) We must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.
(d) If we refund to You any amount under this Agreement, we must also refund You an amount in respect of any GST that You paid in respect of that amount.
6. Apartment Servicing
You agree that:
i. All Apartments are self-catering meaning that You care for the Apartment and during Your Stay the Apartments are cleaned by Apartments Plus after Your departure. A mandatory Departure Cleaning Fee is charged to You in addition to the Apartment Rental Rate.
ii. You may organise a weekly cleaning service during Your Stay at an extra cost separately with a cleaner recommended by Apartments Plus.
iii. If extra linen requested a fee will be charged.
7. Check-in & Check-out
You agree that:
i. Check-in is at 2pm on the first day of Your Stay. You will be advised by email regarding the key collection process.
ii. Check-out is 10am on the last day of Your Stay.
iii. For key return, You must contact Apartments Plus three (3) days prior to departure. Apartments Plus will not be held responsible if You fail to contact it as per this condition.
iv. To organize an earlier check-in on the day of arrival for Your Stay, You must book and pay for the day prior to your scheduled arrival.
v. For arrivals after 10.30PM, You must contact Us prior to Your Stay to confirm where the key is to be collected from.
vi. Any check out after 10am of the last day of Your Stay, may incur another night’s charge to Your Credit Card.
8. Extra Charges
You agree that:
i. The Apartment Rental Rates refer to occupancy/use of the normal existing beds in the Apartment. Additional charges will apply if extra beds or linen (including sofa beds, rollaways or cots) are required.
ii. Extra charges will also apply for parking which is not part of the Apartment.
iii. Extra charges may be charged to Your Credit Card if You have left the Apartment in an extremely messy/dirty condition causing more than normal cleaning effort or any unpaid rent and / or interest accrued on any outstanding balance.
iv. All of our Apartments are Non-Smoking. A fee will be charged for cleaning & deodorizing if smoke smell is apparent upon check out.
v. If you are smoking on the balcony You are to ensure all doors and windows are closed, otherwise the smoke will enter the Apartment and we reserve the right to charge any additional costs for deodorising.
vi All Utilities are included in the weekly rental rate however if the electricity is over and above normal consumption extra charges will apply.
9. Security Deposit
You agree that:
i. A Security Deposit may be required as advised by Your Booking Confirmation. Payment of the Security Deposit is required prior to arrival.
ii. Payment of a Security Deposit can be made either Credit Card ( credit card charges apply) or cash paid directly to our office, or payment directly to our Bank Account.
iii. The Security Deposit will be refunded to You minus the credit card surcharge within twelve (12) days after Your departure following our inspection of the Apartment.
iv. Your Credit Card details are required and must be supplied to us at the time of Booking Confirmation.
10. Apartment Descriptions
You agree that:
i. The descriptions of Apartments and their facilities are accurate but an Apartment’s fittings and facilities can sometimes be changed or upgraded so Apartments Plus cannot be held liable for omissions, or errors of an Apartment’s facilities or furnishings or subjective judgements as to an Apartment’s fittings, styles or features.
ii. If any facilities in the Apartment building are not available at any time during Your stay through no fault of Apartments Plus, then no claim can be made to Apartments Plus.
11. Extensions & Reductions
You agree that:
i. Extensions –If You would like to extend Your Stay, 10 days’ prior written notice must be given to us to arrange any extension of Your Stay. If no notice has been given to us, Apartments Plus reserves the right to rebook the Apartment.
ii . Reductions –If You want to reduce Your Stay without 10 days’ prior written notice, You will be charged up to a maximum of 10 days of the Apartment Rental Rate.
iii If your stay is for 3 months and longer 4 weeks notice needs to be given to shorten the stay.
12. Access/Inspections
You agree that:
i. Apartments Plus or its agent has the right to inspect the Apartment at any stage during Your stay provided reasonable notice has been given by Us, unless rent monies are in arrears or reports of malicious damage to the Apartment or extensive noise or for emergencies such as plumbing leakages or electrical faults.
ii. In such cases, the Apartment will be inspected without notice given to You that the Apartment will be visited the same day or soon thereafter.
13. Repairs & Damage
You agree that:
i. You agree to keep the Apartment reasonably clean and to be liable for all damage caused to the Apartment beyond normal wear and tear including loss of furnishings, keys or access devices. Such damage or loss will be charged to Your Credit Card.
ii. Your Security Deposit or Credit Card details will be held as security. Breakages or damage to the Apartment resulting from Your occupancy will be paid for by You. In the event of damages are caused by You and / or Your visitors to the property, You will be charged in accordance with the damage cost and a receipt will forwarded to Your nominated email.
14. Locks & Security Devices
You agree that:
i. We will not alter locks or security devices without a reasonable excuse.
ii. If You lock yourself out after 6pm or on weekends, there will be a charge of $130 plus GST if Apartment Plus staff are called out.
iii. Alternatively You are responsible for any locksmith charges.
15. Termination
i. You agree that at the end of Your Stay, to peacefully deliver vacant possession of the Apartment with all keys returned to the agreed location/person and have paid all due invoices/charges.
ii. No responsibility is taken by Apartments Plus for any of Your personal property during Your stay or for any of Your personal property left in the Apartment after departure.
iii. Travel insurance is suggested to cover loss of valuable items when travelling.
iv. Collection of the keys must be arranged with Apartments Plus at least three (3) days before departure.
16. Your Responsibilities
You agree that it is Your responsibility:
i. To read and abide by these Terms and Conditions.
ii. To report any issue with the Apartment to us. This includes any disturbance, damage or loss relating to the Apartment.
iii. Apartments are to be used only for accommodation. Parties or commercial use is strictly prohibited.
iv. The number of guests must not exceed the maximum number allowed in the Booking Confirmation. If we find that the number of guests is exceeded, you will be asked to vacate, with no refund.
v. All Apartments are privately owned, please respect this and do not move furniture around.
vi. You should show respect and care for the Apartment and ensure doors and windows are locked when vacated.
vii. You must keep the Apartment at an acceptable level of cleanliness that would be considered acceptable to an average person.
viii. Any damage resulting from poor cleanliness will be charged to You. If cleaners are required to make additional charges these will be passed on to You.
ix. You will respect other tenants at all times and remember that your accommodation is in a residential apartment block.
x. Pets are not allowed in all properties.
17. Indemnity
You agree that:
i. You indemnify the Owner and Apartments Plus from any claim of loss of personal effects or financial damage direct or indirect whatsoever incurred by the you in booking in any Apartment on the Website.
ii. Apartments Plus will endeavour to describe the Apartment and its position to the best of its ability and in good faith. No liability or damages will be accepted by Apartments Plus for mis-description.
iii. All liability when using the internet connection supplied in the Apartment is with the user or You.
18. Discounts/Malfunctions/Withdrawals
In the event of minor faults and/or malfunctions of appliances or inclusions, there is no obligation from the Owner or Apartments Plus or its provider agent to compensate or discount. At times, situations arise of which Apartments Plus has no control, which may include damage to the Apartment You have booked and/or its withdrawal from rental occurring prior to Your stay. Apartments Plus reserves the right to move guests to alternate accommodation (subject to availability) at its discretion. If this is the case, Apartments Plus will notify You as soon as possible and make every reasonable effort to provide accommodation of a similar standard.
19. Security of the Website
19.1 The Internet is an insecure public network and transmissions may be viewed, intercepted or interfered with by third parties. Apartments Plus accepts no responsibility or liability for interference with transmissions or any consequent loss or liability suffered by You.
20. Limitation of Liability
20.1 To the extent permitted by law, Apartments Plus excludes (and to the extent that such exclusion is prohibited, limits to the maximum allowable extent) any and all loss, costs, damages or expenses of whatsoever nature (whether direct, indirect, incidental, consequential or otherwise) including, but not limited to, loss of profits, loss of savings or other incidental or consequential damages arising out of, relating to or connected in any manner whatsoever with Your use of the Website. In the event that such liability cannot be excluded, Apartments Plus limits its liability to, at its option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired;
or
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
20.2 To the extent permitted by law, Apartments Plus is not responsible for any service or good provided by a third party supplier.
20.3 We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute
21. The Content of the Website and its affiliates is copyright
21.1 All rights in the Website are reserved by Apartments Plus. In particular, no alterations, additions or adaptations of this Website publication are permitted by any company outside Apartments Plus without written consent from the Editor.
21.2 Apartments Plus makes every effort to contact copyright holders of photographs, illustrations, images and Content. If a work in copyright has been inadvertently included, Apartments Plus apologises to those concerned. Should the copyright holder prefer that the work not be made available on the Website, please contact Apartments Plus in writing and the Website will be amended.
21.3 This Website may display photographs and images that are posed by models and in no way does Apartments Plus or its affiliates suggest that the people portrayed in those images are linked to any produce or service advertised on the Website.
21.4 You may, for your own private non-commercial use, download and print an advertisement from the Website. This is the only permitted use you have for any Content on the Website, subject to the fair dealing purposes set out in the Copyright Act 1968 (Cth).
22. Website linking policy
22.1 Other websites are welcome to link pages in the Website, provided that permission is sought by those websites prior to any linking occurring. If permission is granted by the Editor for linking, the linking can occur, provided that no attempt is made to pass off the Content of the Website as the property of the linking website.
22.2 We do not grant permission for anyone to copy the Content of the Website to their own web pages without the prior written consent of Apartments Plus.
23. General Terms
23.1 You agree that these terms and conditions and Your access to the Website are governed by the laws of New South Wales and You agree to submit to the exclusive jurisdiction of the Courts located within the State of New South Wales for any disputes.
23.2 You acknowledge that these terms and conditions constitute the entire agreement between You and Apartments Plus and govern Your use of the Website superseding any prior agreement between You and Apartments Plus.
23.3 You may also be subject to additional terms and conditions that may apply when You use or booking other services from Apartments Plus.
23.4 The failure of Apartments Plus to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver or any such right or provision. If any provision of the terms of service is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court shall endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the terms and conditions shall remain in full force and effect.
24. Your Conduct
24.1 You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You are responsible for all Content that You upload, post, email, transmit or otherwise make available via the Website. Apartments Plus does not control the Content posted by You via the Website, and as such does not guarantee its accuracy, integrity or quality. You understand by using the Website You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Apartments Plus be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.
24.2 You agree not to use the Website to:
(a) Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or ethnically otherwise objectionable.
(b) Upload, post, email, transmit or otherwise make available any Content that harms minors in any way, harms children in any way.
(c) Upload, post, email, transmit or otherwise make available any Content that impersonates any person or entity including, but not limited to a Apartments Plus representative, or falsely states or otherwise misrepresent Your affiliation with a person or entity.
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website.
(e) Upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or contractual or fiduciary relationship.
(f) Upload, post, email, transmit or otherwise make available any Content that infringes any Intellectual Property Rights of any other party.
(g) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising or promotional material, junk mail, spam, chain letters, pyramid schemes, bulk emails or any other form of solicitation.
(h) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any computer code files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(i) Interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures or policies or regulations of networks connected to the Website.
(j) Intentionally or unintentionally violate any applicable local, state, national or international law.
(k) Stalk or otherwise harass another.
(l) Collect or store personal data of other users.
(m) You confirm that any content which includes information, images of people you have obtained all necessary consents and waivers from those people for the display of this information on the Website.
(n) You acknowledge that Apartments Plus may not pre-screen Content provided by You, but Apartments Plus retains the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing Apartments Plus has the right to remove any Content provided by members that violates the terms and conditions or are otherwise objectionable. You agree that You must evaluate and bear all risks associated with the use of any Content provided by members, including any reliance on the accurateness, completeness or usefulness of such Content provided by You.
(o) You acknowledge that by disclosing information in accordance with the terms and conditions of use for the Website you are indemnifying the Website and Apartments Plus from any claim for any loss, damage, or harassment which may occur by this information being available on the Internet.
24.3 You acknowledge, consent and agree that Apartments Plus may access, preserve or disclose Your personal information in Content if required to do so by law, or in good faith believes that such access, preservation or disclosure is reasonably necessary to:
(a) Comply with legal process;
(b) Enforce the terms and conditions the servers seek;
(c) Respond to any claims that any Content violates the rights of third parties;
(d) Respond to Your request for customer service; or
(e) Protect the rights and property of Apartments Plus and its users.
24.4 You understand that technical processing and transmission of the Website including Your Content may involve:
(a) transmissions over various networks; and
(b) Changes to conform to technical requirements of connecting networks or devices.
24.5 You understand that the Website may include security components that permit digital materials to protect it and the use of these materials is subject to usage rules set by Apartments Plus. You may not attempt to override or circumvent any of the usage rules embedded in the Website. Any unauthorised reApartmention, publication, further distribution or public exhibition of materials provided on the Website in whole or in part is strictly prohibited.
25. Changes to Terms and Conditions
25.1 Apartments Plus reserves the right to change these terms and conditions from time to time to reflect any changes in its business.
25.2 Apartments Plus may also be required to change these terms and conditions for security reasons, for technical infrastructure reasons, or if required by law.
25.3 Apartments Plus will change these terms and conditions at any time by posting the updated terms and conditions on the Website and by posting a notice to You on our home page. It is Your responsibility to be aware of any changes to these terms and conditions.
© Apartment Plus, Australia 2015. This publication is copyright. Subject to the provisions of the Australian Copyright Act 1968 and its Amendments, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form by any means (including electronic, mechanical, microcopying, photocopying, recording or otherwise) without the written permission of the publisher.
Published by B.D.G. Properties Pty Limited
Telephone: 1300 302 846
Fax: 2 8904 9609
Last revised: 14/04/2015
Email: info@apartmentsplus.com.au