Terms & Conditions
Last updated 31/08/2024
1. Introduction
Welcome to Villa Solmare. By accessing, using, or booking through our website or any other platform, you agree to comply with and be bound by these Terms and Conditions (“Terms”) and our House Rules. Please read them carefully before making a booking. These Terms constitute a legally binding agreement between you (“the Guest”) and Villa Solmare (“Sunshine Coast Beach Stay”, “sunshinecoastbeachstay.com.au“, “https://sunshinecoastbeachstay.com.au“, “the Property Owner,” “we,” “us,” or “our”).
2. Booking and Payment Terms
- All bookings require full payment upfront to secure a reservation. Payment can be made via bank transfer or PayPal.
- The booking is not confirmed until the full payment has been received, and the Guest has received a confirmation email from us.
- An adult (18 years or older) must be present during the stay. We reserve the right to request proof of age upon check-in.
3. Cancellation and Refund Policy
- Cancellations made more than 14 days prior to the check-in date are eligible for a full refund.
- Cancellations made within 14 days of the check-in date are non-refundable.
- Any changes to a booking are subject to availability and may incur additional charges.
4. Check-In and Check-Out
- Check-in time is from 3:00 PM, and check-out time is strictly by 10:00 AM. Failure to check out by 10:00 AM may result in additional charges equivalent to the daily villa rate.
- Early check-in and late check-out are subject to availability and must be pre-arranged. Additional fees may apply.
- Guests are required to follow the check-in and check-out procedures as specified in our House Rules or communicated through other means like email or SMS.
5. Guest Responsibilities and Conduct
- Guests are required to follow all House Rules during their stay. This includes, but is not limited to, rules on noise levels, smoking, pets, and the use of amenities.
- The property is strictly non-smoking, and no pets are allowed unless prior written consent has been given by us.
- Any damage to the property or its contents caused by the Guest or their invitees must be reported immediately via SMS or call. Guests will be held financially responsible for any damages, loss, or additional cleaning required.
- The property is to be used strictly for residential purposes as per the booking agreement. Unauthorized use, including but not limited to hosting events, parties, or commercial activities, is prohibited due to noise levels unless expressly agreed upon in writing by us. Family events including but not limited to birthday parties, Christmas gatherings, are allowed and should be communicated via the booking request. Any breach may result in immediate eviction and forfeiture of payments.
6. Security Deposit
- We reserve the right to charge a security deposit of AUD$200 to cover any potential damage, loss, or excessive cleaning costs incurred during the Guest’s stay.
- The security deposit is fully refundable, provided that no damage, loss, or excessive cleaning is required upon check-out. The refund process will be initiated within 1-3 business days after check-out, subject to a property inspection.
- If any damage, loss, or excessive cleaning is required, we reserve the right to deduct the corresponding costs from the security deposit. If the costs exceed the amount of the security deposit, the Guest will be liable for any additional charges, which must be paid within 7 days of receiving an invoice.
- By making a booking, the Guest agrees to the collection and use of a security deposit in accordance with these Terms.
7. Eviction Policy
- We reserve the right to terminate the stay and evict any Guest without notice and without refund if they engage in any behavior that is deemed inappropriate, illegal, or disruptive, or if they breach these Terms or the House Rules.
- Circumstances warranting eviction may include, but are not limited to, smoking within the property, excessive noise, unauthorized guests, damage to property, illegal activities, or non-compliance with check-out times.
- In the event of eviction, the Guest shall not be entitled to any refund for the remaining duration of their booking or for any portion of their stay already paid for. All payments made shall be forfeited as liquidated damages for breach of these Terms.
8. Property Representation Disclaimer
- The images, descriptions, and representations of the property provided on our website and other marketing materials were accurate and true at the time of photography and publication. However, due to seasonal variations, maintenance, upgrades, or other reasons, the actual appearance, furnishings, furniture arrangement, amenities provided, or other aspects of the property may change, move, be altered or removed without prior notice.
- We make no guarantee that the property will be identical to the images or descriptions provided and shall not be held liable for any discrepancies. Guests acknowledge and accept that such changes do not constitute grounds for cancellation or any form of compensation.
9. Limitation of Liability
- Villa Solmare shall not be liable for any loss, damage, or theft of personal belongings brought onto the property by the Guest. Guests are advised to secure their valuables at all times.
- We are not liable for any injuries, accidents, or illnesses that occur on the premises. Guests assume all risks associated with the use of the property and its amenities.
- To the fullest extent permitted by law, we shall not be held responsible for any disturbances, inconveniences, or loss of enjoyment caused by natural events, adverse weather conditions, construction work occurring near the property, businesses operating near the property, or actions by third parties such as utility companies or local authorities, or for any indirect, incidental, special, punitive, or consequential damages arising from or in connection with your use of our website or your stay at our property.
10. Guest Safety and Duty of Care
- The Guest acknowledges and accepts responsibility for their own safety and the safety of their invitees while staying at the property. Guests must exercise caution when using facilities, particularly if children or vulnerable individuals are present. We shall not be held liable for any injuries or accidents that occur due to the Guest’s negligence or misuse of facilities.
11. Indemnity Clause
- Guests agree to indemnify and hold harmless Villa Solmare, its owners, animals, agents, other occupants, and employees from any liabilities, claims, damages, costs, or expenses (including legal fees) that arise from or relate to the Guest’s use of the property, breach of these Terms, or any negligent or wrongful act by the Guest or their invitees.
12. Termination for Non-Payment
- Failure to settle any outstanding fees or charges within 14 days of receiving an invoice may result in further legal action or collection procedures to recover the outstanding amount.
13. Governing Language
- These Terms and Conditions are provided in English, and any translations are for convenience purposes only. In the event of any inconsistency or conflict between the English version and a translation, the English version shall prevail.
14. Personal Information Accuracy
- Guests are responsible for providing accurate, complete, and up-to-date personal information when making a booking. We shall not be held liable for any issues, delays, or cancellations resulting from inaccurate or incomplete information provided by the Guest.
15. Privacy Policy
- We respect your privacy and are committed to protecting your personal information. We collect and use your information solely for booking and communication purposes. We do not share your information with third parties except as required by law.
- For detailed information on how we handle personal data, please refer to our Privacy Policy.
16. Website Usage
- The content of this website is for your general information and use only and is subject to change without notice.
- Unauthorized use of this website may give rise to a claim for damages and/or constitute a criminal offense.
- You may not create a link to this website from another website or document without prior written consent from Villa Solmare.
17. Dispute Resolution
- In the event of a dispute arising from these Terms or your stay with us, the parties agree to first attempt to resolve the matter amicably. If a resolution cannot be reached, the dispute shall be referred to mediation or arbitration in Queensland, Australia, under the applicable laws.
18. Force Majeure
- Villa Solmare shall not be held liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, acts of terrorism, government restrictions, pandemics, or any other force majeure event.
19. Governing Law
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.
20. Amendments to Terms and Conditions
- Villa Solmare reserves the right to amend, update, or modify these Terms at any time without prior notice. It is the Guest’s responsibility to review these Terms periodically for any changes. Continued use of our services constitutes acceptance of the revised Terms.
21. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at stay@sunshinecoastbeachstay.com.au.