BUSINESS TERMS AND CONDITIONS FOR HOSTS
 

GENERAL
 

  • 1.1 Bay Escapes Management owns the Bay Escapes Management website (this website) Escapes Management we, us. These terms and conditions govern the use of the services specified on this website by a person that completes the online customer registration and clicks “I accept” through the website (you, in this agreement, a reference to “you” includes a reference to anyone acting on your behalf or with your express or implied authority)

  • 1.2 Before you become a user of our services, you must read, agree with and accept all of the terms and conditions contained in this agreement and our policies, including our Privacy Policy (Policies) set out on our website. 
    You agree that the Policies, which may change from time to time, form part of this agreement. These terms, conditions and Policies are referred to collectively as Our Terms. By accepting this agreement, you agree to be bound
    by all of Our Terms.

  • 1.3 To use any of our services, you must register by completing the customer registration form from Bay Escapes Management. We have the right to refuse the registration of a person for any reason.

  • 1.4 You guarantee and warrant that:

  • (a) You are the lawful owner, lessee or licensee of the relevant property and you are entitled to enter into this agreement and perform your obligations under this agreement;

  • (b) You are permitted to rent the related property to guests as well as provide us with access to the premises to offer our services to you;

  • (c) You will perform your obligations under this agreement by having and maintaining all the applicable laws, licenses, authorisations, consents, approvals and permits;

  • (d) You must ensure that you have such insurance coverage for the relevant property as a prudent owner or occupier of such a property would take out and maintain.

  • (e) There are no matters which will or may adversely affect your capability to perform your responsibilities under these terms and conditions;

  • (f) You will, at all times, comply with any relevant laws.

  • (g You guarantee if you sign or accept Our Terms on behalf of an entity that you are authorised to approve or accept Our Terms on behalf of that entity.

  • (h) All accounts must be registered with a valid personal email address and any accounts registered with someone else’s email address, or with temporary email addresses, may be closed without notice. You may be required
    to re-validate an account if an invalid email account is suspected.

  • 1.5 You must not:

  • (a) Use the website or our services for any activities which breach any laws or regulations or infringe any third party rights;

  • (b) Use the website or our services for fraudulent, misleading or deceptive conduct;

  • (c) Access or use our website using the personal information of another person or entity.

  • (d) Interfere or obstruct the operation of our site by making unauthorised changes to the website

  • (e) Transmit any bug, virus or other disabling feature to or through the website.

  • (f) You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of the website or our services.

    INTELLECTUAL PROPERTY

     

  • 2.1 All intellectual property rights remain vested in us, including but not limited to any information, software and tools accessed via the website.

  • 2.2 You are not authorised to copy, reproduce, modify, reverse engineer, disassemble, decompile, deconstruct, transmit or communicate to the public the website, any information, software or tools accessed by way of the website.

    SERVICES

     

  • 3.1 We may deliver a variety of different services from time to time, including:

  • (a)    concierge services;

  • (b)    check-in/check-out services;

  • (c)    cleaning services;

  • (d)    laundry/linen services; and

  • (e) Short-Term property management services.

  • 3.2 More information relevant to each of our individual and packaged services is set out on the website. We reserve the right to change our services or suspend, cancel or limit your access to our services at any time.

  • 3.3 Our services are exclusive to persons (also known as Hosts) who engage others as short-term guests at their premises using rental marketplaces such as, but not limited to, Airbnb, Home away.

  • 3.4 To engage our services, please either complete the online registration, email us at Hello@BayEscapesManagement.com.au or call us at 0404 015 765.

  • 3.5 After the first contact, we may meet with you at the relevant property to discuss your needs and how we may be of service. This service is charged at the nominated fee and is redeemable in full if our services are to
    be engaged. The total fee is charged for speculation if no services are rendered.

  • 3.6 Where our services include the guest liaison at your property:

  • (a) We will endeavor to attend the relevant property at the time arranged in prior communication

  • (b) If the guest is more than 20 minutes later than the arranged time and there is no communication for a new arrangement:

  • (i) we may depart the premises and are not legally responsible for providing the welcoming or concierge service after that time;

  • (ii) we may retain payment for the welcoming services, considering the time and effort we have committed to being available at the property to provide our services at the agreed-upon time;

  • (iii) you will be liable to pay the fees for an additional booking to replace the missed booking as if it is a new booking;

  • 3.7 Using our sole discretion, we may permit you to terminate or change a booking in relation to our services under the following conditions:

  • (a) At least 48 hours before the arranged booking time, no additional fees or charges are payable;

  • (b) Between 48 hours and 4 hours before the arranged booking time, you agree to pay our administrative costs in connection with such cancellation or amendment which comprises $50; or

  • (c) Between 4 hours and 0 hours before the arranged booking time, in which you agree to forfeit the entire payment relevant to the booking.

     PAYMENT AND FEES

     

  • 4.1 Our fees may vary or change at any time, and the fees which apply to our services may be set out on the website.

  • 4.2 The fees set out on our website at the time of purchase of the fees applicable to services purchased from us.

  • 4.3 Our fees are exclusive of GST, and you are responsible for any GST payable in connection with fees for our services.

  • 4.4 Unless payments and fees are paid by the processes (either manual or online) we make available are received 24 hours before the provision of services; we are under no obligation to provide any services. In our sole
    discretion, we will either seek to reschedule the services at a later time or if relevant, refund any payments to you.

  • 4.5 You are subject to our terms and conditions when you agree to render the services selected by you online, by email or by telephone and such services will not be provided unless payment is received.

  • 4.6 Any amounts owing to us under or in relation to our terms and conditions may be off-set by any amounts we owe to you.

  • 4.7 Any outstanding fees or payments owed to us will be obtained directly from the online rental market place that you are using with a 10% surcharge on public holidays.

  • 4.8 A surcharge of 10% will be applied on public holidays.

    5. CANCELLATION AND REFUND POLICY

 COVID - currently we are happy to reschedule all bookings to a later date due to COVID  - if you have shown cold and     flu symptoms, been tested for the virus or travelled to an area that is known as a hotspot please contact us immediately to change your booking - thank you we want to ensure we all stay safe and well over this time.

At time of booking please ensure you abide your state government and territory travelling guildelines we can not waive bookings due to border closures or changes in circumstances due to this

  • Cancellation policy 
    Cancellation policy 
    5.1 If our terms and conditions are not met or agreed to, we may suspend or cancel your account, registration or the provision of any or all of our services immediately without notice or liability. You may amend or cancel
    a booking up to 24 hours before provision of services with no additional fees and charges.

  • 5.2 The cancellation of this agreement may be made by either party in writing to the other party if:

  • (a) The terms and conditions set out in this agreement are breached; and

  • (i) the defaulting party is unable to remedy the breach; or

  • (ii) the defaulting party fails or refuses to remedy the breach in the agreed period or not less than seven days from notification of the nature and required remedy of the violation.

  • (b) The defaulting party becomes bankrupt or subject to any form of insolvency, receivership, administration or liquidation.

  • (c) The defaulting party is reasonably believed to have engaged in any false, misleading, deceptive, fraudulent or offensive behavior in relation to our services.

  • 5.3 We will advise you at our sole discretion of what action must be taken to remedy a failure which has resulted in a suspension of our services. The date on which the suspension will cease will not exceed 60 days.

  • 5.4 Where failure is wholly or substantially due to a cause beyond the control of that party, including strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade, governmental action and act of God,
    a party is not liable for any failure to observe its obligations under this agreement. It is agreed that:

  • (a) The party notifies the other party of the extent to which it is unable to fulfill any obligations as soon as reasonably possible; and

  • (b) The party endeavors to alleviate the effects of the cause beyond the control of that party and complete its obligations under this agreement as soon as reasonably possible.

  • 5.5 Unless otherwise stated in a written notice, the affected party may terminate this agreement where a cause beyond the control of the party prevents a party from completing the obligation agreed to under these terms and conditions for a period in excess of 30 days.

    . DISPUTE RESOLUTION

  • 6.1 If a dispute arises from or in connection with this contract, the parties are bound by this agreement to endeavor to settle the dispute by mediation:

  • (a) The parties shall attempt to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation.

  • (b) The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to as ADC (the Guidelines).

  • (c) The terms of the Guidelines are hereby deemed incorporated into this agreement.

  • (d) This clause shall survive the termination of this agreement
     

  • LIMITATION OF LIABILITY

  • 7.1 Subject to any condition, warranty or right implied by the Competition and Consumer Act 2010 (Cth) or any other law which cannot by law be excluded by agreement:

  • (a) You have no other rights apart from those, if any, are expressly set out in our terms and conditions. We give no warranties.

  • (b) All implied conditions, warranties and rights are excluded.

  • 7.3 We do not provide any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information provided
    on or by the website, to the extent permitted by law.

  • 7.4 To the extent permitted by the law, we limit our liability for breach of that implied condition, warranty or right:

  • (a) In relation to the supply of goods, to any or more of the following as we may determine at our sole discretion - the replacement of the goods or the supply of equivalent goods, the repair of the goods, the pyment of the
    costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and

  • (b) In relation to the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.

  • 7.5 To the extent permitted by the law, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:

  • (a) Indirect or consequential loss or damage; or

  • (b) Loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities or data, whether of a direct, indirect or consequential nature, suffered by you or any other person and arising
    out of any breach or other act or omission by us.

  • 7.6 You acknowledge and agree that we have no agreement or other relationship with guests who may stay at the relevant premises, and any act or omission of any guest is your sole obligation. It is your sole obligation
    to lawfully contract with a guest who is to rent or stay at the property and to take such measures as would be judicious in connection with such an agreement.

  • 7.7 To the extent permitted by the law, we are not liable for, and you indemnify us against any guest or other person staying at the relevant property which may:

  • (a) Perform any act or omission;

  • (b) Cause any loss or damage to the relevant property or chattels;

  • (c) Cause any loss or damage to the property of any guest or third party;

  • (d) Cause any damages or breakdowns of appliances or any breakdown while being operated during cleaning operations;

  • (e) Make any claims against us arising in connection with their stay at the relevant property or the rental of such property; and

  • (f) Have any issue arising in connection with the transaction between you and the guest for the rental of the relevant property.

  • 7.8 To the extent permitted by the law, our total and collective liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission will not exceed the amount of the fees we have received from you in respect of the services provided by us in relation to the booking pursuant to which the relevant liability arose.

    Quality Assurance

     

  • 8.1 Bay Escapes Management is committed to the provision of a high standard of quality and continuous improvement of its services.

  • 8.2 Bay Escapes Management complies with all national and state regulatory and legislative requirements.

  • 8.3 Bay Escapes Management maintains secure, accurate and confidential customer and financial records.

  • 8.4 Bay Escapes Management advertises and markets its services openly, honestly and with integrity.

  • 8.5 Bay Escapes Management inducts staff to the organizations policies, procedures and practices and their roles and responsibilities.

  • 8.6 Bay Escapes Management manages the on-going development and performance of employees.

  • 8.7 Bay Escapes Management encourages feedback and evaluation on its performance from its valued clients.

     MODIFICATIONS

  • 9.1 We may amend the terms and conditions of this agreement at any time by reasonable notice. The amended terms and conditions shall from that time forth be binding upon You. Any amendments to our terms and
    conditions will be posted on our website, and a notice of modification will be posted on the home page of the website.

    10. MISCELLANEOUS

  • 10.1 Our terms and conditions supersede any or all previous understandings, negotiations, representations and agreements relevant to the subject.

  • 10.2 Any Clause which for any reason is unenforceable may be removed entirely to preserve the remaining terms and conditions.

  • 10.3 At our sole discretion, we may subcontract, assign or novate any rights or obligations relevant to this agreement.

  • 10.4 Any failure or delay by us to exercise or enforce Our Terms does not waive our rights to enforce Our Terms.

  • 10.5 We are in the jurisdiction of the courts of New South Wales, Australia and our terms and conditions are governed and construed in accordance with these laws in which you must also submit.

  • 10.6 Please contact Bay Escapes Management for any assistance with understanding these terms and conditions.

  • 10.7 Bay Escapes Management is not affiliated with any short-term rental online marketplace mentioned or implied.

    Additional Policies

  • 18 and Under: No reservation will be accepted for people 18 years and under unless accompanied by a parent for the entire stay. 

  • Special Events Policy: Please note that we do not accept Hens Parties or Bucks Parties, or Schoolies in any circumstances.

  • Electricity: We are all trying to do what we can for the environment, so please help us all “go green” by turning off all electrical appliances – especially the air conditioning – when not in use and when you vacate

Where luxury meets personalised service

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NORTHERN NSW AUSTRALIA