SHORT TERM RENTAL AGREEMENT TERMS & CONDITIONS
The Gables Mudgee
The Gables Mudgee asks that you please read these Terms & Conditions carefully and in full as these will apply to your Booking and stay.
Welcome! We are proud to introduce to you our unique property; an amazing heritage-listed cottage where Guests can relax in comfort and luxury like a home away from home.
We strive to ensure that every Guest enjoys an experience with us beyond their expectations.
As we entrust the entire property into our Guests’ hands we do expect that Guests read, abide, and comply by these Terms and Conditions (especially our strictly enforced ‘no party’ policy). We ask Guests to show the utmost care and responsibility, and it is expected that the Property and furnishings be returned in the exact same condition at the end of your stay as at the beginning.
Before booking, please understand that it is a requirement that any damage or accidents, unintentional or otherwise, are the responsibility of the Primary Guest and that the Primary Guest will meet these repair or replacement costs. We do accept that accidents may occur, but any accident and any associated damage is the responsibility of the Primary Guest. The Gables Mudgee will always do our best to repair or replace, by the most cost-effective means, any damage in order to restore the Property to the same condition as it was before the Guests took occupancy.
It is important that Guests choose The Gables Mudgee to suit their expectations, and it is our expectation that our cottage is solely used for holiday purposes, and that Guests understand their responsibilities before booking.
Of course we are not unreasonable, and encourage Guests to talk to us if there is concern – communication is key. If in doubt, talk to us as these Terms and Conditions are not designed to prevent our Guests from the normal, relaxing use of a holiday home, only to prevent those who believe having a party or not respecting a property and its’ neighbours, is acceptable.
We thank you, and very much look forward to welcoming you soon as our valued guest.
TERMS & CONDITIONS
1.1 “Booking” means the actions and any communication concerning, and dates for, the period for which you intend to stay, or have stayed, at the Property.
1.2 “Property” means the premises you have booked and all its fixtures, fittings, and equipment collectively known as The Gables Mudgee.
1.3 “Primary Guest” means the person who makes and pays for both the deposit and final payment and provides their credit card information for the security deposit. Credit card payments may only be accepted from the Primary Guest. Payments from any other Guest will not be accepted.
1.4 “Guest” mean the persons - whose full names are required to be provided to The Gables Mudgee no later than fourteen (14) days prior to the check-in date - who stay overnight at the Property during the Booking.
1.5 “Visitor” means a person permitted to visit the Property during the Booking.
1.6 “House Rules” means additional information on the Property, policies and functionality.
2. GUEST RESPONSIBILITY
2.1 Payment of the rental deposit constitutes the Primary Guests’ acceptance of these Terms and Conditions.
2.2 If a Primary Guest is booking on behalf of other people, the person booking the accommodation is responsible for the property, and for making all Guests and Visitors aware of and abide by these Terms and Conditions together with the House Rules.
2.3 The Primary Guest must be at least twenty five (25) years of age to book any accommodation with The Gables Mudgee and must provide a scan or photograph of their Driver’s Licence (or Passport) clearly showing the ID details and the name of the Primary Guest that must match the name on the credit card used for the booking. If there are discrepancies between ID details and credit card details of the Primary Guest we reserve the right to cancel the booking. All cancellation terms will then apply.
2.5 The Gables Mudgee is strictly not available for parties (including, but not limited to, end of school celebrations or bucks parties) and should The Gables Mudgee become aware of a Booking that is of this nature, we reserve the right to cancel the Booking. All cancellation terms will then apply.
2.6 All Guests will be required to adhere to these Terms and Conditions and to the House Rules in relation to their conduct during their stay and whilst on premises. Guests who are found to be flouting these guidelines may have their booking cancelled and be asked to leave the property at The Gables Mudgee’s representative’s sole discretion.
3.1 We accept Visa, MasterCard & American Express only.
3.2 50% of the full tariff is required as a deposit to secure the booking and paid only by the Primary Guest. The remaining 50% is payable fourteen (14) days before check-in date. If full payment is not made fourteen (14) days prior to check-in date we reserve the right to cancel the booking. All cancellation terms will then apply.
4. PRIMARY GUEST RENTAL AGREEMENT AND SECURITY DEPOSIT
4.1 When Booking with us you accept and agree that;
i) While you are in occupation, you are fully responsible for all breakages and damage caused to the Property, its furniture and fittings, and/or any consequent loss suffered by The Gables Mudgee.
ii) All fixtures, fittings, furniture and appliances are assumed to be in good working order at the commencement of your stay, and in the event that any item is not in good working order at the commencement of your stay, you must notify us immediately so that the condition of the item can be recorded at that time.
iii) If we have not received notification from you, any damage found subsequently will be deemed to have been caused by you or your Guests.
iv) Any breakages, damage or loss which occur during your stay must be reported to us prior to your departure, and replaced to the satisfaction of The Gables Mudgee. Failure to comply with this condition will result in your security deposit being held until the matter is resolved.
v) If there are any problems with the Property or any damaged or malfunctioning equipment, please report it immediately and do not leave your report until check-out. We do not issue refunds for problems with internet, media players, outdoor bathtub, games or anything else that is not considered a necessity. We will make every effort to assist with a solution where possible; however, there may be limited contractors or service providers in the area, after hours or on weekends.
vi) You will be held responsible for any damage caused by you or your Guests. The Gables Mudgee is inspected after each stay and if any items are missing or damaged you will be charged.
vii) You have read and agreed to these Terms and Conditions.
ix) Smoking or vaping inside the property is forbidden, and no cigarette butts are to be discarded on the property.
x) The number of people staying at the property will not exceed ten (10) people at any time during the occupancy unless written approval has been agreed by us.
xi) You agree that the property will be left in the same clean, neat and tidy condition as it was when you arrived. This includes, without limitation; washing up, stacking dishwasher and putting on cycle before departure, fridge cleaned out, rubbish and any items for recycling to be placed in appropriate bins provided, and wet towels to be placed in bathrooms or in basket located in the laundry. If additional extraordinary cleaning is required, the cost will be charged against the security deposit.
xii) You confirm that the use of the property during your stay is NOT for end of school celebrations or bucks’ parties, or any event that you have not received prior permission in writing from The Gables Mudgee.
xiii) The Gables Mudgee has locked cupboards and a shed. Tampering with locked doors will result in a charge and legal action by The Gables Mudgee.
xiv) Please do not flush sanitary products or foreign objects down the toilet. If either toilet is blocked after your stay, the cost for a plumber to clear any blockage will be deducted from the security deposit.
xv) Prior to, and directly after, each stay, we check our inventory of items that are located at the Property. If any items are found to be missing after your stay, the cost to replace any missing items will be deducted from the security deposit.
4.2 Security deposit funds held are refunded seven (7) to ten (10) business days following your stay, as long as there is no damage, missing items or other valid claim/s against the security deposit under the clauses stipulated in these Terms and Conditions.
4.3 The security deposit may be used to cover incidental items such as (but not limited to): extra Guests not included in the booking, excess internet downloads, any breakages or damages caused during the stay, odours caused by smoking, replacement keys, excess garbage, emergency call-out fees or cleaning charges in excess of the normal levels of cleaning.
4.4 The Gables Mudgee reserves the right to pursue legal action for any extra costs above the security deposit amount, if the damage or costs exceed the security deposit amount.
4.6 The Gables Mudgee will notify the Primary Guest by email prior to deducting or withholding the full security deposit.
4.7 Any security deposit claim will also be subject to a $100 administration charge to the Primary Guest.
5. ASSUMPTION OF RISK
5.1 You and your Guests and/or Visitors hereby waive and release, indemnify, hold harmless and forever discharge The Gables Mudgee and its current and/or former representatives, 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 Booking of, or usage of and/or stay in the Property, or any activities that you may have partaken in on the premises.
5.2 You agree to be responsible for any damage to the Property or equipment which you or your Guests and/or Visitors cause due to negligence and assume all risk for personal injury, infection, illness, burns, death by drowning or otherwise, damage or loss of personal property, losses of any kind whatsoever arising out of, attributable to, or resulting from your usage of the Property, the fire pit, the BBQ or any other part of the Booking and/or stay, associated with The Gables Mudgee in any manner and participating and/or engaging in any activities on and off the premises.
6. NUMBER OF GUESTS
6.1 The number of Guests staying at the property must not exceed ten (10) people, and full names of any person staying overnight (on any night during the booked period) are required to be provided to The Gables Mudgee no later than fourteen (14) days prior to the check-in date. In case of failure to provide the list of names as requested we reserve the right to cancel the booking. All cancellation terms will then apply.
7. CHECK-IN, CHECK-OUT, PROPERTY ACCESS & KEYS
7.1 Our check-in time is from 3:00pm onwards, and check-out time is 10:00am. If the property is not vacated by the agreed time, then extra charges will be incurred.
7.2 If any Guest and/or Visitors do not vacate and leave the Property at, or prior to, the check-out time, notwithstanding any other rights to termination, cancellation or otherwise afforded to The Gables Mudgee under these Terms and Conditions, The Gables Mudgee reserves the right at our absolute sole discretion to immediately evict any Guest or Visitor on the Property at any time after the check-out time on the last date of the Booking.
7.2 Early check-in and late check-out may be available by request with at least three (3) days notice before arrival. Any agreement to such request by The Gables Mudgee will only be valid if communicated to the Primary Guest in writing.
7.3 In some circumstances where the property is vacated by previous guests on the same day as your arrival, then the check-in time may be later if additional cleaning after those checked-out guests is required. Any subsequent change to the check-in time so caused will be advised as soon as practicable by us.
7.4 Check-in and check-out times may change subject to availability.
7.5 The Gables Mudgee will make every effort to ensure the property is available as booked. However, The Gables Mudgee reserves the right to make alterations to Bookings due to unforeseen circumstances beyond our control.
7.6 Upon check-out, the property should be left in a similar state to its condition on arrival. Please ensure all appliances, television, towel rail heater, floor heater, gas log fire, bathroom and kitchen exhaust fans, kitchen ceiling fan and air-conditioning units have been switched off, all lights have been switched off (both inside and outside lights excluding solar lights), all taps are turned off, no toilets are running, all garbage and recycling has been taken out, any dirty dishes, pans, utensils, glasses and other used kitchenware that are dishwasher-safe are stacked in the dishwasher and wash cycle started. No interior furniture (such as couches or tables) are to be moved during the duration of your stay.
7.7 Loss of keys attracts a $50 replacement charge (per key lost). One key is located in a key safe with an access code that is provided the day before your check-in. A second key is also provided and is kept with the information book on the kitchen island bench. Should you lose keys during your stay, a locksmith call-out fee may apply if both keys are lost and new keys need to be arranged.
7.8 The Gables Mudgee is equipped with exterior security cameras. Cameras are not monitored for Guest’s safety and should not be relied on by Guests for personal security or security of their belongings. Cameras may be used to enforce and verify compliance with these Terms and Conditions and House Rules. Any damage to, tampering of, or obstruction of cameras - or the means by which camera footage is accessed by The Gables Mudgee - by Guests may result in a partial or complete loss of security deposit funds. At the sole discretion of The Gables Mudgee’s representative, if non-compliance to these Terms and Conditions or House Rules is particularly egregious, we reserve the right to cancel the booking, and immediately evict all Guests and any Visitors. All cancellation terms will then apply.
8. NOISE, PARTIES & DISTURBANCES
8.1 Parties and functions are prohibited at The Gables Mudgee without prior written approval.
8.2 Disturbance to our neighbours, including excessive noise, is prohibited and may result in termination of rental. If your behaviour or that of your guests causes damage, danger, or annoyance we reserve the right to ask you to vacate the property immediately and treat it as a cancellation of booking, with no refund. A $300 deduction from the security deposit will be charged if we are required to send any private security personnel. A $100 deduction will be charged if a representative of The Gables Mudgee is required to attend the property to advise you of complaints.
8.3 Any noise (including music) must be kept to a minimum between the hours of 10.30pm and 8.00am. Offensive and excessive noise is prohibited and may result in termination of permission to occupy the property, immediate eviction, loss of rental paid, and extra charges for security and other expenses which may be deducted from your security deposit under these Terms & Conditions. In the event of a disturbance or complaint we will attempt to contact the Primary Guest on the booking to request that the disturbance cease. In the event that we are unable to reach the Primary Guest, then a representative of The Gables Mudgee will visit the property at your cost.
8.4 If noise or disturbances continue after a representative of The Gables Mudgee or private security have attended the property or if there are any further complaints from neighbours or law enforcement or other government authority, then this may result in termination of permission to occupy the property, immediate eviction, loss of rental paid and extra charges for security and other expenses which may be deducted from your security deposit under these Terms and Conditions.
9.1 The Gables Mudgee is a no-smoking property and is equipped with regulation smoke alarms. Please do not discard cigarette butts ANYWHERE at the property including lawns and gardens. Odours in the property caused by smoking will attract an additional deodorising fee of $100.
10.1 IMPORTANT: On occasions there might be a Total Fire Ban. During a Total Fire Ban you must not use the external fire pit or start any outdoor open fires. Please always check the NSW Rural Fire Service (NSW Fire Area: Central Ranges) prior to using the fire pit.
10.2 During your stay please do not under any circumstances and at any time, light any type of fire using your own equipment not provided by The Gables Mudgee or through a professional service provider in Mudgee (e.g live flame gas barbecues), spit-roasts, bonfires, fire pits, campfires, fireworks, or discarded lit cigarette butts.
10.3 The Gables Mudgee provides firewood for guests strictly to be used in the outdoor fire pit only. During a Total Fire Ban you must not use the fire pit or start any open fires outside.
10.4 No fires are to be lit inside the Property as fireplaces on the premises are not operational.
11. CHILDREN TODDLERS & INFANTS
11.1 Due to the height of the verandahs and stairs to the courtyard, at The Gables Mudgee infants, toddlers and children must be supervised at all times.
11.2 The Gables Mudgee will not accept any liability of any injury, permanent disability or death of any infants, toddlers or children at the property.
11.3 Infants, toddlers and children under no circumstances are to be left unsupervised and must be under the care and supervision of an adult at the Property at all times.
12.1 The Gables Mudgee is not a ‘Pet Friendly’ property and animals are not allowed.
12.2 If it is found that Guests have brought pets to the property then we will terminate the Booking as an instant non-refundable cancellation, immediately evict all Guests and/or Visitors, and withhold the full security deposit.
12.3 The Gables Mudgee will not accept liability for any pets or animals at the property.
13. CANCELLATIONS AND VARIATIONS
13.1. All monies paid are non-refundable.
13.2 Where the Primary Guest elects to cancel their Booking, The Gables Mudgee will not attempt to re-let the Property, the Booking is non-refundable, and no changes will be permitted.
13.3 If the Primary Guest requests changes to the dates for the Booking, The Gables Mudgee will consider the request and at it’s absolute sole discretion, may choose to:
i) agree in writing to the date variance - additional fees may be payable depending on rates applicable to the requested dates and agreement by The Gables Mudgee to vary the Booking dates is contingent upon the Primary Guest paying any additional fees. Date variance will not be confirmed until any additional fees are paid;
ii) recommend alternative dates if the requested dates are unavailable - additional fees may be payable depending on rates applicable to the recommended dates and these will be communicated in writing to the Primary Guest. Subsequent agreement by The Gables Mudgee to vary the Booking dates is contingent upon the Primary Guest paying any additional fees. Date variance will not be confirmed until any additional fees are paid; or
iii) decline the request in writing.
13.4 The Gables Mudgee reserves the right at it’s absolute sole discretion to cancel any Booking if we deem the group to be not suited, or if the Booking is in breach of any of our Terms and Conditions or, if the Booking occupancy is not within NSW Health Guidelines or in breach of government-imposed travel restrictions or, if the occupancy is not approved by The Gables Mudgee. If your Booking is found to be in breach of our Terms and Conditions, you may lose all monies paid to The Gables Mudgee.
13.5 In the unlikely event of the Property being unavailable or out of order due to unforeseen circumstances, service needs, damage from previous guests, environmental issues or, is no longer available due to sale of the Property, change in ownership or business use, The Gables Mudgee reserves the right to cancel at any time without notice in the event of these special circumstances. In this case, you will receive a full refund.
13.6. A Booking may be cancelled by The Gables Mudgee due to force majeure, terrorism, natural disasters, pandemics, political instability or other external events making it unviable for The Gables Mudgee to uphold the Booking. Where the Booking has been varied or cancelled under these circumstances we will use our best endeavours to provide alternative dates or voluntarily offer you the option to cancel or change the Booking.
14. EVENTS OUTSIDE OUR CONTROL
14.1 The Gables Mudgee reserves the right to move your Booking due to circumstances beyond our control e.g., flooding, fires, or unforeseen weather events.
14.2 The Gables Mudgee does not issue refunds for items we have no control over such as power outages, flooding, lightning strikes or other unforeseen circumstances during your stay.
15. AFTER HOURS CALL OUTS
15.1 Guests who require after-hours service are to call our after-hours contact number on 0413 373 078 or email Fiona@thegablesmudgee.com. You will be contacted by us as soon as possible.
15.2 If a representative of The Gables Mudgee (not an external tradesman such as a plumber or locksmith) is required for onsite assistance, that is the result of loss of keys, lock out of accommodation or any issue that arises that is not the responsibility or fault of The Gables Mudgee, a call out fee of $100 will be deducted from your security deposit.
16. LOSS OR INJURY
16.1 The Gables Mudgee take no responsibility whatsoever for loss or damage of any property, or personal injury, or death, of any occupant, Guest, Visitor, or invitee of any such occupant, howsoever caused and they each exclude all liability to the maximum extent permitted by law. The Primary Guest and any other Guests or Visitors attend the Property only under this express clause.
16.2 The Gables Mudgee take no responsibility for Guests or Visitors personal property. If any property is left at The Gables Mudgee and the Primary Guest requests it in writing to be returned, this will be done at the Primary Guest’s costs through Australia Post. Postage and a $30 administration fee applies in such case.
17.1 The personal information obtained from you is used to provide products and services to you, to provide you with information, and to send newsletters or other communications to you.
17.2 The Gables Mudgee may use your personal information for direct marketing or promotional activities, however, if we do undertake such activities, you will be provided with an opportunity when first contacted to decline to receive any further communications from us.
17.3 We do not pass Guest details on to any third parties or external entities.
18. QUOTING POLICY
18.1 Any quotes provided to potential Primary Guests from The Gables Mudgee are valid for a period of seven (7) days only. Rates may increase for weekends, public holidays, school holidays, concert or event weeks and weekends.
19.1 The internet is provided by Exetel via NBN Broadband. The internet service is provided as a courtesy to Guests and not a guarantee. The Gables Mudgee cannot guarantee perfect internet coverage due to factors out of our control.
20. PARKING, VEHICLES & VEHICLE ACCESS
20.1 Onsite, driveway parking is available for two (2) vehicles. There is ample on-street parking for any additional vehicles.
21.1 If your celebration does not exceed the number of Guests booked and staying at the Property, you are welcome to make your own arrangements as long as all details of any outside services that will be accessing the Property have been communicated to us and copies of all relevant insurances have been supplied to The Gables Mudgee.
21.2 Any third party providers attending the Property must be agreed in writing with The Gables Mudgee, and all relevant insurances must be sighted within fourteen (14) days of attendance.
22. NO ALTERNATIVE SLEEPING ACCOMMODATION
22.1 No alternative sleeping accommodation of any kind is permitted at The Gables Mudgee. This includes, but is not limited to; motorhomes, camper-trailers, caravans, mattresses (inflated or otherwise), camp cots, foldaway beds, tents or swags. Vehicles that provide accommodation cannot be used instead of, or in addition to, beds provided at the property. If non-compliance to this clause is found to have occurred, we reserve the right to cancel the Booking, and immediately evict all Guests and any Visitors. All cancellation terms will then apply.
23.1 The Gables Mudgee and/or it’s representative/s may at our absolute sole discretion terminate your access and/or future access to the Property with immediate effect upon delivery of written notification, with no liability to you or any third party for the following reasons:
i) where you are in breach of any of these Terms and Conditions;
ii) where at any time you or your Guests and/or Visitors have committed any act of wilful or serious misconduct;
iii) if you fail to pay any fees, payments or expenses properly payable to The Gables Mudgee by the stipulated date;
iv) where you or your Guests and/or Visitors have created a risk or possible exposure for The Gables Mudgee;
v) where there are unexpected issues or problems with the Property;
vi) at the request of law enforcement or government authority; or
vii) upon request by you.