1. Acceptance of Terms

These Terms and Conditions apply to all bookings made with Berry Getaways (“we”, “us”, “our”) for holiday and short-term accommodation. By making a booking, the primary guest confirms that they, and every other person named on or residing at the property during the stay (“Guests”), accept and agree to be bound by these Terms and Conditions. The primary guest is responsible for ensuring all Guests comply with these Terms.

The property is let for holiday and short-term accommodation purposes only, for the number of guests and the period stated on the booking confirmation. Occupancy by more guests than stated, or by persons not named on the booking, may result in immediate cancellation of the booking and forfeiture of monies paid.

A breach of these Terms and Conditions may result in termination of the booking without notice, refusal to provide access to the property, an additional charge, or adjustment of the tariff.

2. Arrivals & Check-In

Check-in time is 2:00pm on the date of arrival. Instructions for key or access code collection will be provided prior to arrival. Check-in details will not be released until any required online registration, or identity verification has been completed (see Section 7, Guest Identity Verification).

3. Departures & Check-Out

Guests must vacate the property by 10:00am on the date of departure unless a late check-out has been arranged and paid for in advance. Late departure without prior arrangement will incur a fee of $100 per hour, which may be deducted from the security bond.

4. Bookings & Payment

A deposit of 50% of the total tariff is required to secure a booking. The balance is payable 30 days prior to arrival, or as otherwise advised at the time of booking. A non-refundable booking fee of $99 applies to all bookings.

All tariffs and bookings are subject to change without notice until a deposit has been received and the booking confirmed in writing. All payments are processed in Australian Dollars (AUD); any currency conversion shown is an estimate only, and the final amount charged may vary according to your financial institution’s exchange rate.

5. Cancellations

A fee of $99.00 will be charged when cancellation by a guest is notified up to 60 days prior to accommodation commencement date. If cancellation is notified within 60 days of accommodation commencement date, the following scale of fees will apply:

1. 60 or more days – full refund less cancellation fee of $99
2. 31 – 60 days – guests will be given a guest credit to use at the same property where the original booking was made. (The guest credit is non-refundable and non-transferrable and must be used within 24 months)
3. 0 -30 days – all monies paid are not refundable
4. Upon request of guest- If the property is rebooked for the entire period, then a cancellation fee of 15% of the total rent will apply.
5. (If payment has been made by credit card and you are entitled to a refund, the credit card fees will not be refunded)
6. Changes to a booking: Guests are permitted to make one change to their booking if the arrival date is more than 60 days in advance. Subsequent changes more than 60 days from arrival will incur an administration fee of $50 and any rent increases.
7. If a guest needs to make a change to a booking within 60 days of arrival, the owners of the property need to approve any such change to a booking and the guest will be charged an administration fee of $50 and any rent increases if the change is approved. It will be at the discretion of the owner of the property if he or she waives any cancellation fee where there is a change in booking dates.

In the event of forced cancellation due to government-imposed travel restrictions, the booking may be postponed and a credit voucher issued for the amount paid, valid for 24 months from the date of issue and non-transferable. Future rates may vary due to seasonal pricing or price increases, and any difference will be payable when rebooking. Refunds will only be provided where required by Australian Consumer Law or otherwise agreed by Berry Getaways.

6. Bond / Pre-Authorisation

A security bond or pre-authorisation is required for all bookings, provided by credit or debit card at or prior to check-in. Bond amounts vary depending on the property, typically ranging from $300 – $1,500. The bond will be released within 7 – 14 days of departure, provided no additional charges apply.

Claims against the bond may include, but are not limited to: damage, breakages, excess cleaning, excess rubbish, loss of keys, evidence of smoking, evidence of pets at a non-pet-friendly property, late check-out, or any other breach of these Terms and Conditions.

7. Guest Identity Verification

To confirm the identity of the booking guest and reduce the risk of fraud, all guests are required to complete an online registration prior to check-in, providing valid photo identification and a copy of the payment card used for the booking. The details provided must be those of the person named on the booking. Check-in details, including access codes or keys, will not be released until this verification has been completed.

We are a member of Good to Book, a risk-management platform used across the short-term accommodation industry. Please see the Good to Book Privacy and Disclosure Statement following these Terms and Conditions for full details of how your information may be collected, used, and shared.

8. Maintenance & Property Issues

Guests must notify Berry Getaways within 24 hours of becoming aware of any issue, fault or malfunction at the property. We will use reasonable efforts to rectify issues as soon as practicable, including those relating to appliances, utilities, pools, spas and other inclusions. Where an issue is beyond our reasonable control, Berry Getaways and the property owner will not be responsible for resulting loss or inconvenience, except as required by Australian Consumer Law. Failure to notify us during the stay may affect any claim made after departure. Vacating the property does not, by itself, entitle a guest to a refund.

9. Smoking

All properties are non-smoking and non-vaping. Evidence of smoking or vaping inside the property may result in loss of the bond and additional charges for fumigation, carpet cleaning, deep cleaning including and or removal of cigarette butts, at a minimum of $500 fumigation / $250 carpet cleaning / $250 butt removal.

10. Pets

Pets are not permitted unless expressly agreed with us in writing prior to arrival. Evidence of an unauthorised pet at the property may result in loss of the bond and additional charges for fumigation and/or cleaning, at a minimum of $500 fumigation / $250 carpet cleaning / $250 waste removal.

11. Parties & Functions & Noise

The property is rented for holiday accommodation purposes only, for the period stated on your booking confirmation and for the maximum number of approved guests. Parties, functions, weddings, hens or bucks parties, schoolies events or similar gatherings are strictly prohibited unless approved by Berry Getaways in writing. All guests must comply with our noise restrictions and the NSW Code of Conduct for the Short-term Rental Accommodation Industry. Guests must not create unreasonable noise or disturbance to neighbours at any time. Quiet hours are between 10:00pm and 7:00am. During these hours, guests must keep noise to a minimum and move indoors. Guests are responsible for the conduct of all occupants and visitors to the property. A breach of these conditions may result in termination of the booking without refund. Additional costs may also be recovered for cleaning, damage, security attendance, fines or penalties arising from the breach.

12. Lockouts & Evictions

A call-out fee may apply where Berry Getaways staff or security are required to attend the property to assist with a lockout, noise complaint or breach of these Terms and Conditions. If a noise complaint is received, Berry Getaways will contact the guest and request that the noise be reduced immediately. If the guest does not comply and security or police are required to attend, the following fees will apply:

• First attendance: $450
• Second attendance: $900
• Any subsequent attendance: $1,200 per call-out

Following a second attendance, or in the event of a serious breach, Berry Getaways may terminate the booking and require guests to vacate the property. No refund will be provided for any unused portion of the stay.

Any costs associated with a guest lockout, including after-hours attendance or replacement keys, remotes or access devices, will be charged to the guest.

13. Damage, Breakages & Loss

Guests are responsible for any damage, breakages or loss occurring during their stay, including damage to the property, furniture, furnishings, keys, locks, remotes or other items provided. Furniture, fittings and other items must not be removed, moved or rearranged. If furniture needs to be returned to its original position, an additional fee may apply. Any damage, breakage or loss must be reported to Berry Getaways as soon as possible. Guests agree to allow reasonable access to inspect the property where required. Costs for repair, replacement, additional cleaning or rectification may be charged to the credit card provided and/or deducted from the bond. We will make reasonable efforts to contact the guest within 48 hours of departure before processing any applicable charges.

14. Keys & Access Devices

Guests are responsible for all keys, remotes and access devices provided for the property. Lost, damaged or unreturned items will be charged at the cost of replacement, together with any locksmith or associated costs where required. If keys are lost during your stay, or are not returned as instructed on departure, and a Berry Getaways staff member is required to attend the property, a $150 call-out fee will apply.

15. Linen

Unless otherwise stated, linen is supplied for your stay. Some properties may require guests to bring their own pool towels, so please refer to your property information before arrival.

Where linen is supplied, the standard linen servicing charge is included in the tariff. Any excess laundering, damage, loss or replacement required due to stains, including makeup, tanning lotion, boot polish or similar, will be charged at the current professional laundering or replacement cost and may be deducted from the bond.

16. Cleaning

Guests are responsible for leaving the premises in a clean, tidy, undamaged, and orderly fashion and left in a condition as close as possible to how it was when you first arrived.

Please ensure that all: –

• kitchen and bathroom surfaces are clean.
• dishes and cooking utensils etc are washed and put away.
• dishwashers are left empty (where applicable)
• Oven is clean
• BBQ is clean
• floors swept.
• lights turned off.
• air-conditioning turned off (where applicable)
• all electrical equipment turned off.
• all doors and gates closed and/or locked.
• alarms turned on (where applicable)
• items you brought to the property are removed.
• all rubbish is placed in the bins provided and any excess rubbish removed from the premises.

In the case of non-compliance of the above, additional cleaning or repair fees will be charged. YOU MUST NOTIFY US OF ALL DAMAGES, BREAKAGES AND/OR LOSS incurred during your occupancy and such replacement costs will be deducted from your Credit Card.

17. Rubbish

All rubbish must be removed from the property or placed in the bins provided prior to departure. Excess rubbish left at the property will incur a fee of $50 per bag or the cost of contracted removal.

18. Fire Alarms

Guests are responsible for any callout fee charged by the fire department or building management as a result of an avoidable fire alarm activation (for example, from cooking). This fee may be up to $1,500 and will be charged to the guest responsible. Please use the rangehood when cooking.

19. Personal Possessions

We take no responsibility for guests’ personal property left at the property. Items left behind will be held for 14 days from the date of departure; guests will be given the opportunity to collect them or, where agreed, have them mailed at the guest’s cost (minimum $20). Items not collected or arranged for return within this period will be disposed of.

20. Inspections & Access

We, or any person authorised by us or the property owner, may access the property at reasonable times for the purposes of inspection, maintenance, or repair, and, where the property is listed for sale, to accompany prospective purchasers.

21. Force Majeure

We are not liable for loss, inconvenience or loss of enjoyment caused by events beyond their reasonable control, including fire, flood, storms, extreme weather, utility outages, internet or Wi-Fi disruptions, or other unforeseen events. We will use reasonable efforts to rectify issues where possible. If an event prevents the booking from proceeding, we will attempt to offer alternative accommodation. If this is not possible or not accepted, monies paid will be refunded, subject to Australian Consumer Law.

22. Indemnity & Liability

Guests indemnify us against any liability arising from loss, injury, or damage caused or contributed to by the guest or any person in their party. We accept no responsibility for personal injury, loss, or damage to personal property occurring at the property, except to the extent that liability cannot be excluded under the Australian Consumer Law. We reserve the right to act as arbitrator in the first instance in the event of a dispute regarding these Terms and Conditions, without limiting a guest’s rights under applicable law.

23. NSW Fair Trading Code of Conduct

If you or any guest in your booking breach these Terms and Conditions, or the NSW Fair Trading Code of Conduct for the Short-Term Rental Accommodation Industry (October 2021), you and your guests may be recorded on the NSW Fair Trading Exclusion Register and/or an industry exclusion register. We reserve the right to refuse or cancel a booking where a guest is listed on any such register.

24. Marketing Communications

By making a booking with us, you agree to receive occasional communications about offers, promotions, and updates. You may opt out at any time via the unsubscribe link included in each communication; this will not affect service communications relating to your booking.

25. Variations & Governing Terms

These Terms and Conditions may only be varied by prior written agreement. We reserve the right to terminate a booking at any time where these Terms and Conditions have not been met. A copy of these Terms and Conditions is provided to guests prior to check-in, and guests are required to confirm their acceptance as part of the booking process.

Good to Book — Privacy and Disclosure Statement

Thank you for making a booking with us or coming to stay. We look forward to providing you with an enjoyable experience. By booking or staying with us, you are consenting to our use of your personal information as disclosed in this statement. This statement has been made available to you prior to your stay to enable you to give informed consent.

If you are a ‘rogue guest’, we may share your information with Good to Book.

We are a member of Good to Book (GtoB), an online, searchable database with servers based in Australia but providing services around the globe. GtoB provides a platform for accommodation providers to upload data about rogue guests and to search potential or booked guests by name to see if they have had a rogue guest listing on the GtoB database within the last 3 years.

As a member of GtoB, we may upload information about rogue guests to the GtoB database. By making a booking with us, you expressly consent to us sharing your personal information with GtoB if we believe you are a rogue guest, and for GtoB to use your information in accordance with their Privacy Policy: https://www.goodtobook.com/legal/website-privacy-policy.

The personal information we collect from you for use on the GtoB database is voluntary. This means you do not have to give it to us; however, we may refuse our accommodation services if you don’t provide the information and agree to these terms. We will only upload your personal information to the GtoB database if you are a rogue guest. We have obligations with GtoB to be honest and fair when uploading information or using the GtoB platform, and we take these obligations seriously.

By ‘rogue guest’ we mean a guest that has caused damage to the accommodation property, caused excessive cleaning requirements, been violent, exhibited behaviour that required the police to become involved, or otherwise treated the property, guests, owners, or staff in a manner unacceptable to industry standards.

The GtoB database also sends alerts to local registered accommodation providers if a rogue guest has stayed in their area, and access is made available to the police for law enforcement and tracking purposes.

Why do we use the GtoB platform?

We use the GtoB platform as a risk management tool. If we can reduce the number of rogue guests staying with us, we can offer a better experience to our great guests and keep our overheads lower.

What do you consent to?

By booking or staying at our accommodation, you agree to the collection by us of your personal information and the personal information of any guests staying with you. This includes the collection of a scanned copy of acceptable identification.

By making the booking you are telling us you have the consent of your guest(s) for us to collect and use their personal information as well. You should provide a copy of this statement to any person you are booking on behalf of.

By booking or staying with us:

• You consent to our storage and use of your personal information for our own business purposes as set out in our privacy policy https://www.berrygetaways.com.au/privacy-policy/; and
• You consent to our use of your personal information and that of any guests staying with you to search the GtoB database to make sure there are no rogue listings matching your details; and
• You consent to us providing your personal information and that of any guests staying with you to GtoB via their platform, if we form the view that you are a ‘rogue guest’. We will only upload your information to the GtoB platform if we encounter problems with your conduct during your stay. GtoB will then store and use that information for their own business purposes in accordance with their own privacy policy; and
• You consent to your personal information being transferred across country borders, including to a country that may not have the same level of privacy protection as Australia.

You can find the privacy policy for GtoB at: https://www.goodtobook.com/legal/website-privacy-policy

Any information we upload to the GtoB platform is uploaded for evaluative purposes. The information will be used by other GtoB members to evaluate whether they wish to enter into a contract with you to provide their accommodation services to you in future.

How do we use the information available on the GtoB database?

If you make a booking with us or show up at our accommodation seeking a booking, we will search your name, and potentially the names of any persons staying with you, in the GtoB database. If your name shows up as a rogue guest, we may refuse your stay (and will refund any money you have paid to us) or we may impose additional requirements on your stay (for example, a higher-than-normal security bond).

What information can we upload to the GtoB database?

If you cause damage to our property, excessive cleaning, or are otherwise violent, abusive, or problematic (for example, if we need to call the police for any reason), we will upload your information into the GtoB database to alert other accommodation providers about your conduct. The information we will upload includes your full name, any other name you have used, the names of any persons travelling with you, an image of the identification you produced at check-in and its relevant document number, security or other recorded footage which identifies you (if any), your vehicle registration and state of registration, and further information around your stay. We will also hold this information in our own records together with any supporting evidence we have. We do not have any obligation to let you know we have uploaded your information, and any information we upload to the GtoB database is confidential. You will not have the right to see the information we upload.

If you are listed as a rogue guest, what is the consequence to you?

Your details will be entered into the GtoB database and any other accommodation providers who are members of GtoB can search your details and receive alerts about your conduct. If you request to stay at other accommodations while you are listed on the GtoB database, accommodation providers who are GtoB members may either refuse you accommodation or impose restrictions on your stay. Access to the GtoB database is also made available to local law authorities, although this is not the core purpose of the database.

How long will my personal information be used by GtoB?

Your information will remain in the GtoB database for 5 years from the date it was last uploaded to the platform. You can contact GtoB directly if you have questions about their platform or your listing, at: admin@goodtobook.com