Terms & Conditions

TERMS AND CONDITIONS OF USE

These Terms and Conditions ("Terms") govern your use of the Karelda website located at karelda.com.au ("Website") and any booking of the holiday rental property at 218 Penguins Head Road, Culburra Beach NSW 2540 ("Property"). By accessing the Website or making a booking you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree, do not use the Website or make a booking.

1. PARTIES

"Owner" means the owner and operator of the Website and Property. "Guest" means any person who makes a booking or uses the Website. "Booking" means a confirmed reservation of the Property for a specified period.

2. ELIGIBILITY

You must be at least 18 years of age to make a booking. By making a booking you represent that you and all members of your party meet all eligibility requirements set out in these Terms. The Guest named on the booking is responsible for the conduct of all occupants and visitors during the stay.

3. BOOKING AND PAYMENT

3.1 A Booking is not confirmed until full payment (or the deposit amount specified at checkout) has been received and you have received written confirmation from the Owner.

3.2 All prices are quoted in Australian dollars and include GST where applicable.

3.3 Payment is processed through a secure third-party payment provider. The Owner does not store your payment card details.

3.4 The balance of any outstanding amount is due no later than 30 days prior to your check-in date. Failure to pay the balance by the due date may result in cancellation of your Booking without refund of any deposit paid.

3.5 The Owner reserves the right to correct pricing errors at any time prior to confirmation. If a corrected price is unacceptable you may cancel your Booking for a full refund.

4. CANCELLATION AND REFUNDS

4.1 Cancellation terms are as stated on the booking confirmation page and in your booking confirmation email. Those terms are incorporated into these Terms by reference.

4.2 Cancellations must be submitted in writing via the Website or by email to the Owner.

4.3 Refunds (where applicable) will be processed to the original payment method within 10 business days of cancellation.

4.4 The Owner strongly recommends that Guests obtain comprehensive travel insurance, including coverage for cancellation, prior to making a Booking.

4.5 The Owner may cancel a Booking at any time due to circumstances beyond the Owner's reasonable control (including, without limitation, fire, flood, storm, government order, or a defect rendering the Property uninhabitable). In such circumstances the Owner will provide a full refund of all amounts paid. The Owner's liability is limited to the refund of those amounts and the Owner is not responsible for any consequential loss including travel costs, accommodation costs, or loss of enjoyment.

5. SECURITY DEPOSIT

5.1 A security deposit ("Bond") may be required at the time of booking or prior to check-in. The Bond amount will be stated on the booking confirmation.

5.2 The Bond will be returned within 7 days of check-out, less any deductions for damage beyond fair wear and tear, missing items, excessive cleaning costs, or other charges incurred by the Guest in breach of these Terms.

5.3 The Owner will provide an itemised statement of any deductions. If the costs of damage or loss exceed the Bond, the Guest remains liable for the balance.

6. PROPERTY USE AND CONDUCT

6.1 The Property is provided for private holiday accommodation only. Commercial use, sub-letting, filming for commercial purposes, or any use that would constitute a nuisance to neighbours is strictly prohibited.

6.2 The maximum number of overnight occupants is as stated on the booking confirmation. Exceeding the maximum occupancy is a breach of these Terms and may result in immediate termination of the stay without refund.

6.3 Guests must comply with all applicable laws, local government regulations, noise restrictions, and the Owner's house rules provided at check-in.

6.4 Smoking is strictly prohibited inside the Property.

6.5 Pets are permitted only if expressly agreed in writing by the Owner prior to check-in and subject to the pet fee stated at booking. Guests are responsible for any damage or excessive cleaning caused by pets.

6.6 Parties and events beyond the registered guest count are not permitted without prior written consent from the Owner.

6.7 Guests must leave the Property in a clean and tidy condition on departure. Failure to do so may result in deductions from the Bond or additional charges.

6.8 Guests must not interfere with any security system, smoke alarm, carbon monoxide detector, or safety equipment on the Property.

6.9 The Owner reserves the right to terminate a stay immediately, without refund, if the Guest or any member of the party engages in illegal activity, causes damage to the Property, disturbs neighbours, or breaches any material term of these Terms.

7. CHECK-IN AND CHECK-OUT

7.1 Check-in and check-out times are as stated in the booking confirmation. Early check-in or late check-out may be available by prior arrangement and may attract an additional fee.

7.2 If Guests fail to vacate the Property by the agreed check-out time, the Owner may charge an additional night's accommodation at the standard nightly rate.

8. LIMITATION OF LIABILITY

8.1 To the maximum extent permitted by Australian Consumer Law and other applicable law, the Owner's total liability to you for any loss or damage arising out of or in connection with your Booking or your stay at the Property is limited to the total amount paid by you for that Booking.

8.2 The Owner is not liable for any indirect, incidental, special, or consequential loss or damage, including but not limited to loss of enjoyment, loss of profits, or loss of opportunity, whether arising in contract, tort, or otherwise.

8.3 The Owner makes no warranty that the Property will be free of insects, pests, or wildlife consistent with its coastal and rural environment. Guests accept the Property's natural surroundings.

8.4 The Owner is not liable for any interruption to utilities (electricity, water, internet) caused by third-party service providers or events beyond the Owner's control.

8.5 Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law where to do so would contravene that law or cause any part of these Terms to be void.

9. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless the Owner and the Owner's agents from and against any claims, damages, losses, and expenses (including reasonable legal costs) arising out of or in connection with your breach of these Terms, your negligent or unlawful acts or omissions, or any claim by a third party arising from your occupation of the Property.

10. PERSONAL PROPERTY

The Owner accepts no responsibility for any loss of or damage to personal property or vehicles belonging to Guests or their visitors during or after a stay. Guests are responsible for the security of their own belongings.

11. PRIVACY

The Owner collects and handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Personal information is collected for the purpose of managing bookings and communications. The Owner will not share your personal information with third parties except where required to process your booking or as required by law. For more information, please contact the Owner directly.

12. INTELLECTUAL PROPERTY

All content on the Website, including text, photographs, graphics, and design, is owned by or licensed to the Owner and is protected by Australian copyright law. You must not reproduce, distribute, or use any content for commercial purposes without the Owner's prior written consent.

13. WEBSITE USE

13.1 The Owner does not warrant that the Website will be available at all times or that it will be free of errors or viruses.

13.2 You agree not to use the Website for any unlawful purpose or in any manner that could damage, disable, or impair the Website.

13.3 The Website may contain links to third-party websites. The Owner has no control over those websites and accepts no responsibility for their content or privacy practices.

14. FORCE MAJEURE

The Owner is not liable for any failure or delay in performing obligations under these Terms caused by events beyond the Owner's reasonable control, including natural disasters, government action, pandemic, civil unrest, or infrastructure failure.

15. DISPUTE RESOLUTION

15.1 In the event of a dispute, the parties agree to first attempt to resolve the matter by good-faith negotiation.

15.2 If the dispute is not resolved within 14 days of written notice, either party may refer the dispute to mediation in New South Wales before commencing legal proceedings, except where urgent injunctive relief is required.

15.3 Nothing in this clause limits your rights under the Australian Consumer Law, including your right to contact NSW Fair Trading or the Australian Competition and Consumer Commission.

16. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

17. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

18. ENTIRE AGREEMENT

These Terms, together with the booking confirmation and house rules provided at check-in, constitute the entire agreement between the Owner and the Guest with respect to your stay and supersede all prior representations, arrangements, or understandings.

19. AMENDMENTS

The Owner reserves the right to amend these Terms at any time. The version in force at the time of booking will apply to that Booking. Updated Terms will be published on the Website with a new version number and effective date.

20. CONTACT

For questions about these Terms or your Booking, please contact the Owner through the Website.