Terms and Conditions
These terms and conditions (the “Booking Contract”) are between and shall bind Visitah of Mascot, NSW 2020 Australia (“we”, “us” and “our”) and the guest(s) who make a Booking of our property (the “Property”) via email, over the phone or via our website visitah.com (the “Website”). References to “you” or “your” are references to the person making the booking and all members of the guest / holiday party.
Any Booking is subject to the terms and conditions set out in this Booking Contract. This Booking Contract and our confirmation email contain the entire agreement between us and you and constitutes your agreement with us so please read them carefully. Nothing in this Booking Contact affects any statutory rights.
The owner/manager/provider of the Property is us and not a third party website or organisation.
Making your Booking
You can make a booking by:
- book a property with us by making the payment specified in the initial quote provided to you by us via the Website or email (the “Quote”) once we have accepted your booking request. The Booking shall be made and this Booking Contract shall be effective once the Initial Deposit or full payment as required (see below) has been received by us and you have received an email confirming the Booking and including the Cancellation Policy; or
- issue us with a booking request form via the Website (“Booking Request”) and pay the full payment or Initial Deposit as required (see below). The Booking shall be made and this Booking Contract shall be effective when we have received the full amount payable for the Property or the Initial Deposit.If the Quote or Booking Request requires that you:
- make a payment in full, then you must pay the full amount for the Booking and the booking fee to us by the due date; or
- pay an initial deposit (the “Initial Deposit”) followed by a balance payment (the “Balance”), then you must make both payments to us within the specified time periods. You shall be required to pay the applicable security deposit or bond (the “Security Deposit”), cleaning fee and/or other fees (“Other Fees”) as set out in the email confirmation as part of your payment in full or your Balance payment (as applicable). You should carefully check the details of the Quote or Booking Request before making any payment in relation to your Booking, as well as the confirmation email and inform us immediately of any errors or omissions.
Paying for your Booking
Where you have only paid the Initial Deposit, you are must pay the Balance to us. You may be required to pay the Security Deposit and/or Other Fees within a certain period prior to the arrival date specified in the email confirmation (the “Arrival Date”). If you fail to make any payment due to us in full and on time we shall be entitled to treat your Booking as cancelled by you and the Cancellation Policy (as defined below) shall apply.
If you cancel or amend your Booking
If you need to cancel or amend your Booking you must write to us or email us as soon as possible. A cancellation or amendment will not take effect until we receive confirmation from you. The cancellation policy described in your email confirmation (“The Cancellation Policy”) applies to your Booking and we will refund any amounts due to you in accordance with the agreed Cancellation Policy.
In the event that:
- any Balance required from you is not paid in accordance with the timeframes set out in the Cancellation Policy; or
- you do not arrive at the property within 24 hours of your arrival time without notifying us,then we shall be entitled to treat your Booking as being cancelled by you and the Cancellation Policy shall apply. If we cancel or amend your Booking. We would not expect to have to make changes to your Booking once it is agreed between you and us, but sometimes problems occur and we do have to make alterations or, very occasionally cancel Bookings. If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to you Booking. If we cancel your Booking, we will refund you any fees you have already paid to us. However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).Cancellation policy
- The Initial Deposit is refundable up to 30 days prior to arrival, less $85 administration fees.
- You must pay the Balance and Security Deposit at least 14 days prior to arrival.
- If any payment is not received by us the Booking is deemed to be cancelled.
- If the Booking is cancelled within 14 days prior to arrival, the Security Deposit only willbe returned, and the Initial Deposit and Balance are non-refundable.
Arrival & Departure
You may access the Property after the arrival time specified by us on the Arrival Date for your holiday and you must leave by the departure time specified by us on the Departure Date. We will let you know these times in writing in advance of your stay.
If your arrival will be delayed, you must contact the person whose details are given on our booking confirmation email so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by 3.00pm (local time) on the day after the Arrival Date and you do not advise our contact person of your anticipated late arrival we may treat this Booking as having being cancelled by you and we shall be under no obligation to refund any monies already paid to us. Please see the Cancellation Policy for further details.
You agree to comply with the rules set out in any property manual at the Property and any other rules reasonably specified by us from time to time and you must ensure that they are observed by all members of your party. You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition.
You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
You agree to take all necessary steps to safeguard your personal property while at the Property.
You must not allow more people to stay in the Property than expressly authorised in the Booking confirmation, nor can you significantly change the makeup of the party during your stay in the Property, nor can you take your pet into the Property unless permitted by us in writing in advance. If you do so, we can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the Booking by you and we shall be under no obligation to refund you for any fees already paid to us in those circumstances. Any refund will be at our sole discretion.
You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with this Booking Contract.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Property) can not possibly be investigated unless registered whilst you are in residence at the Property.
If any complaint can not be resolved during your holiday, you should write to us or email us with full details within 28 days of the end of your Booking.
Limit of Liability
Our maximum liability for losses you suffer as a result of us acting in breach of this Booking Contract is to the full extent permitted by law strictly limited to the amounts received by us in relation to your Booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this Booking Contract. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
Your Booking is made as a private consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you.
For the avoidance of doubt, we shall not be liable to you or responsible for:
- any issue between you and us regarding the Booking;
- any failure in relation to any payments due to the failure of a payment solution provided by a third party; and
- the rejection of any payment of yours by a third-party payment solution provider.
- Law and Jurisdiction: This Booking Contract (including any non-contractual obligations arising under or in relation to this Booking Contract) between you and us is governed by the laws of New South Wales, Australia and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the Courts of New South Wales.
- Miscellaneous: You may not transfer your Booking or any rights and responsibilities under this Booking Contract to any other person, without our prior written consent. If at any time any part of the Booking Contract is held to be unenforceable for any reason, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission. This Booking Contract, together with the Cancellation Policy and our confirmation email contain the entire agreement between us and you relating to the Booking and supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us except as expressly stated in this Booking Contract.
We will not be in breach of the Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including without limitation, flood, fire, strikes, acts of God, explosion or accident.
You indemnify us to the full extent permitted by law against:
a) all loss or damage caused to the Property during the Booking Contract period;
b) claims by any person against us in respect to personal injury or death, or loss of or damage to any property in any way arising out of or related to the Booking and/or your use and occupation of the Property unless such loss, damage, personal injury or death arises from our negligent act or omission.