Terms and conditions

HOST PORT STEPHENS HOLIDAY PROPERTIES Terms & Conditions:

Following is strictly not allowed

*parties, functions, weddings, schoolies/teenagers, excess of guests, poor behaviour, or late noise are not permitted under any circumstances.

*no pets or animals 

*no smoking at the property

*house rules to be followed 

*bookings for guests underage of 25. The responsible renter must be at least 25 years of age, guests under 25 are of course welcome but must be accompanied by a parent or guardian.

ACCEPTANCE

This Booking Agreement (the agreement) is between THE OWNERS OF THE INDIVIDUAL HOLIDAY PROPERTY (Hosted by HOST PORT STEPHENS) and the Guest(s) named in the booking.

Please read these terms and conditions carefully. When you make a booking, you 

accept on behalf of your party the terms of these booking conditions. It is your 

responsibility to ensure that all of the details on your confirmation documents are 

correct and to bring to our attention any errors or discrepancies within 48 hours of your 

booking. Guests accept and are held fully responsible for their visitors or children which 

may result in injury or harm when staying or visiting the property and it’s surrounds. Any 

breach of these terms and conditions may result in immediate eviction with no refund 

or cancellation of your booking.

BOOKINGS

2.1 Rates

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. In 

rare cases, accommodation rates may be subject to increase after you have made 

payment; where this occurs, the Guest will be notified and may either pay the difference or 

receive a refund.

2.2 Check-Ins check out

Check-in is available from 3pm on the day of arrival. The property is self-check in and a code 

will be sent prior to your arrival. Check out will be no later then 10am or late fee will apply. 

Late check out may be available upon request, however no guarantees will be made until 

day before departure.

2.3 Length of Stay

There is a standard two night minimum stay. Minimum length of stay restrictions apply to 

certain rates.

2.4 Number of Guests

At no time during the Guest’s Booking shall the number of Guests staying exceed the number 

booked, unless prior approval is provided by HOST PORT STEPHENS HOLIDAY PROPERTIES.

2.5 Children

The accommodation prices for children are included in the standard rate. 

b) Steps, potential falls, and balconies need to be taken into consideration before booking. 

Please note there are no baby gates or stair barriers, and supervision is the sole responsibility 

of parents & guardians. Please contact management if you need further information. No 

refund will be given if the accommodation is deemed unsuitable after check in. 

(c) Children must be supervised at all times, especially around fencing, pool, spa, bath, 

bathroom, deck, stairs, verandas, balconies, roads, driveways and cleaning chemicals. HOST PORT STEPHENS HOLIDAY PROPERTIES 

Anna Bay is not responsible for any children staying at or visiting the Property, this is the sole

responsibility of parents/guardians.

2.7 Minors and Schoolies

HOST PORT STEPHENS HOLIDAY PROPERTIES Anna Bay does not accept Schoolies reservations or bookings from anyone under the 

age of twenty five (25). HOST PORT STEPHENS HOLIDAY PROPERTIESF’s management reserves the right to ask for all the guest booked their date of birth and full name, and HOST PORT STEPHENS HOLIDAY PROPERTIES’s management reserves the right to cancel any bookings made by guest under the age of 25 on all platforms used by guest to book HOST PORT STEPHENS HOLIDAY PROPERTIES.

3. & 4. REFER BELOW TO PAYMENT + CANCELLATION POLICY

5. THE PROPERTY

5.1 Guest Obligations and Permitted Use

The Guest agrees:

(a) to be an occupant of the Property for the entire duration of the stay;

(b) not to sublet or allow unregistered Guests to stay at the Property;

(c) to comply with all applicable laws and regulations;

(d) to co-operate with HOST PORT STEPHENS HOLIDAY PROPERTIES and abide by these terms and conditions during their stay at the 

Property;

(e) not to use the Property for any purpose other than the Approved Purpose as set out in this 

Agreement;

(f) 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 HOST PORT STEPHENS HOLIDAY PROPERTIES immediately where they are not able to secure the Property;

(g) not to use the Property for any criminal activity, including online, and acknowledges HOST PORT STEPHENS HOLIDAY PROPERTIES 

will cooperate with any investigation of alleged criminal activity at the Property during or 

after the stay;

(h) not to wear high heel shoes inside the Property at any time;

(i) not to smoke on the Property, including all guest rooms and communal spaces, decks, 

poolside and outdoor areas.

(j) not to use the Property for parties and gatherings without prior written permission;

(k) not to use glassware in the pool area at anytime;

(l) to not have pets on the Property;

(m) to abide by the Noise and Good Neighbour Policy highlighted in clause 6.

(n) to leave the Property in the same condition as found, returning all furniture and styling 

pieces to their original location; and

(o) not to nail, screw, staple or fix anything to any wall, door or other surface or part of the 

building.

5.2 Guest Facilities

(a) The Guest must contact management immediately with the 24 hour emergency contact 

number, in the event of an emergency.

(b) 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.

(c) Under no circumstances are motorbikes, dirt bikes, quad bikes, use of firearms or air rifles, 

fireworks allowed on the Property premises.

(d) All sporting and leisure equipment that is available to use or 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 or those of the third-party supplier. The Guest agrees 

that it is responsible for the use of and return of any and all equipment from a third-party 

supplier and HOST PORT STEPHENS HOLIDAY PROPERTIES does not accept liability for these goods or use of these goods including 

the cost of repair, replacement or return.

(e) 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. HOST PORT STEPHENS HOLIDAY PROPERTIES accepts no liability for any third-party services, including those which may 

have been recommended or referred by HOST PORT STEPHENS HOLIDAY PROPERTIES.

(f) 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.

(g) The Guest acknowledges the Property may be visited by wildlife including, but not limited 

to rodents, insects, cockroaches, birds, snakes and spiders, and agrees HOST PORT STEPHENS HOLIDAY PROPERTIES is not responsible 

for the natural and surrounding habitat.

(h) HOST PORT STEPHENS HOLIDAY PROPERTIES 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 team 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.

(i) HOST PORT STEPHENS HOLIDAY PROPERTIES reserves the right to enter the Property at any time, without notice, to protect and/or 

undertake maintenance of the Property. HOST PORT STEPHENS HOLIDAY PROPERTIES will give notice to the Guest wherever possible.

5.3 Reviews and Social Media

(a) We encourage our Guests to tag @HOST PORT STEPHENS HOLIDAY PROPERTIES 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.

(b) 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.

(b) In the event you experience any issues or problems during your stay, you agree to give 

HOST PORT STEPHENS HOLIDAY PROPERTIES 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.

(c) 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.

6. NOISE AND GOOD NEIGHBOUR POLICY

6.1 Noise

You acknowledge that parties and gatherings are strictly prohibited at HOST PORT STEPHENS HOLIDAY PROPERTIES 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 prohibited 

at all times, and may result in an eviction without refund. Additionally, where HOST PORT STEPHENS HOLIDAY PROPERTIES staff, 

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.

6.2 Neighbours

A ‘good neighbour’ policy shall be enforced at HOST PORT STEPHENS HOLIDAY PROPERTIES. You acknowledge that HOST PORT STEPHENS HOLIDAY PROPERTIES 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 HOST PORT STEPHENS HOLIDAY PROPERTIES 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.

7. COSTS AND DAMAGES

7.1 Security Bond

All Bookings will require a credit card pre-authorisation for a refundable Security Bond in the 

amount of $1000. 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 in 

excess of the Security Bond.

7.2 Assessment and Repair

(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 HOST PORT STEPHENS HOLIDAY PROPERTIES’s attention 

immediately following check-in.

(c) Following a final inspection and assessment after check-out, the Guest agrees HOST PORT STEPHENS HOLIDAY PROPERTIES 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 

HOST PORT STEPHENS HOLIDAY PROPERTIES’s sole discretion upon determination.

8. ASSUMPTION OF RISK

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 HOST PORT STEPHENS HOLIDAY PROPERTIES 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 HOST PORT STEPHENS HOLIDAY PROPERTIES Anna 

Bay, or any activities that you may have partaken in on the premises of HOST PORT STEPHENS HOLIDAY PROPERTIES, 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; death, 

damage, or loss of personal Property, associated with HOST PORT STEPHENS HOLIDAY PROPERTIES, 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.

9. LIMITATION OF LIABILITY

9.1 Total Liability

To the fullest extent permitted by law (and to the extent permitted under Australian 

Consumer Law), the total liability of HOST PORT STEPHENS HOLIDAY PROPERTIES 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 HOST PORT STEPHENS HOLIDAY PROPERTIES (as varied from time to time) or the fees paid to HOST PORT STEPHENS HOLIDAY PROPERTIES by 

the Guest, whichever is the lesser amount.

9.2 Consequential Loss

In no case shall HOST PORT STEPHENS HOLIDAY PROPERTIES, 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 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.

9.3 Australian Consumer Law

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.

10 DISPUTE RESOLUTION

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.

11 GENERAL

11.1 Severability

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.

11.2 Entire agreement and variation

The parties agree that:

(a) this Agreement is the entire agreement between HOST PORT STEPHENS HOLIDAY PROPERTIES and the Guest in respect of this 

arrangement and supersedes any other communication or understandings (whether written 

or oral) between HOST PORT STEPHENS HOLIDAY PROPERTIES and the Guest in that regard; and

(b) any changes to this Agreement must be agreed in writing between HOST PORT STEPHENS HOLIDAY PROPERTIES and the Guest 

prior to the changes coming into effect.

11.3 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) Guests must always abide by the local council and state planning laws and guidelines 

regarding short term residential accommodation.

c). It is a condition of your stay that you adhere all guidelines, our Terms and Conditions, our 

House Rules and leave the property promptly after completing the departure checklist.

SCHEDULE OF COSTS FOR DAMAGES

1. Security Bond - See clause 7.1 - $1000

2. Late Check-Out A late check out past 10:00 will result in the Guest being charge - $50 per 

hour

3. Port-a-cot setup fee $50

4. Lost key/ Call-out fee for Re-entry or Rekeying - A service fee of applies if a set of duplicate 

keys are required by a Guest. Guests must not break into, or attempt to break into, premises 

when locked out. Keys should be returned as per instructions provided. Should the keys not 

be returned, the Guest will be liable for any charge incurred in gaining entry and/or 

replacing keys and changing locks if necessary - $50/ cost to change lock

5. Linen: Where linen has been soiled or damaged such that it may not be restored to its 

original condition with steam cleaning - Cost to replace

6. Plumbing /electricity: Where it is determined that the Guest has caused a plumbing or 

electricity issue that requires a tradesperson - Invoice Cost

7. Call-out fee for HOST PORT STEPHENS HOLIDAY PROPERTIES - Where HOST PORT STEPHENS HOLIDAY PROPERTIES or any member of the HOST PORT STEPHENS HOLIDAY PROPERTIES team be called to the 

Property and the issue is deemed to be caused by the Guest, equipment owned by the 

Guest or because the Guest has not followed instructions - $110

8. Call-out fee for tradesperson to fix an issue caused by the Guest. Where a tradesperson be 

called to the Property and the issue is deemed to be caused by the Guest, equipment 

owned by a Guest or because a Guest has not followed instructions - Invoice Cost

9. Credible noise complaint by neighbours. Failure to abide by the Noise policy in clause 6 -

$500 per offence..

11. Police/ Security called to Property: Failure to abide by clause 6 or in other instances 

where police or security attends the Property - $500

12. Repair/ replacement if there is damage to the Property: Where any item (electronic or 

not) within the Property or part of the Property has been maliciously, deliberately or 

negligently damaged by the Guest - Cost to repair/ replace

13. Steam Cleaning of carpets, furnishings, linens etc if evidence of pets in Property (on 

furniture or in/ on beds): Where the carpets, furnishings or linen within the Property has been 

soiled or damaged to the extent that may require extensive cleaning or where there is 

evidence of pets having been in the Property - Cost to steam clean/ cost of repair or 

replacement

14. Evidence of Smoking: Where there is evidence of smoking within the Property, such as 

traces of residual smoke, anywhere other than the outside the front boundary - $250 + any 

additional cleaning costs

15. Cleaning of Property where left in extremely dirty conditions: Where any part of the 

Property has been left in extremely dirty conditions - Cost to clean

16. Sports & Leisure Equipment : Any damage or loss to goods belonging to HOST PORT STEPHENS HOLIDAY PROPERTIES will equate 

to the cost of repair or replacement - Cost to repair/ replace

Payment Policy

3. PAYMENT

(a) The Guest will pay HOST PORT STEPHENS HOLIDAY PROPERTIES the Fees at the rate and in the manner specified in the Booking.

(b) The Guest agrees to pay the 50% Deposit and any applicable booking fee due at time of 

booking where the Guest has booked the Property for use. The remaining 50% is due thirty

(30) days prior to the check-in date.

(c) The Guest acknowledges that the check-in details will not be provided unless the full 

payment has been paid.

(d) HOST PORT STEPHENS HOLIDAY PROPERTIES only accepts payment by Credit Card ( Visa and Mastercard payments only).

(e) A credit card pre-authorisation of $1000 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.

Cancellation Policy

4. CANCELLATIONS, RE-SCHEDULE & REFUNDS

4.1 Exclusive Use

(a) 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.

(b) There will be no refund if cancellation is within 30 days of booking

c) if greater then 30 days from booking 50% refund will apply

(d) between 30-60 days from booking the Guest shall only receive a refund where the dates 

are rebooked by HOST PORT STEPHENS HOLIDAY PROPERTIES to another Guest for the same value.

e) full refund given if cancellation is 60 days or more from booking

4.2 General

(a) A Booking may be cancelled due to force majeure, terrorism, natural disasters, 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) 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 as a result of your Booking.

(c) HOST PORT STEPHENS HOLIDAY PROPERTIES 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.

(d) Guests are responsible for ensuring they are adhering to any travel restrictions or 

legislation in place relating to COVID19