Terms & Conditions
As of 30 March 2022
These Terms and Conditions bind all Guest(s) and other occupants of or visitors to the Property during this reservation.
1. Agency: Niche Luxury Accommodation act as the Agent of the Owner of the Property and accept reservations in that capacity in accordance with these Terms and Conditions. Niche Luxury Accommodation is not responsible for any misdescription of the Property or changes to the Property that differ from representations (including the tariff payable).
2. Animals and birds: Subject to Clause 26 hereto, no animals or birds will be brought to or kept at the Property. The cost of any cleaning or treatment required as a result of animals or birds being brought to or kept at the Property will be charged to the credit card that you have provided. A reservation may be terminated and Guest(s) may be removed from the Property if this part of the Terms and Conditions is breached. Where pets are found to be at the property or were at the property during the stay without proper consent from the agent a charge to the guest security deposit credit card of 2 nights rent equivalent plus $400 cost to treat and clean property will be made.
3. Alterations Reservations: The booking of your reservation is made in good faith but may be subject to change. Niche is not responsible for actions beyond their control such as, if the property is sold or withdrawn from the holiday letting with Niche Luxury Accommodation for any reason, the property is altered in any way, or the owner wants the property for their own use or any other reason. If the property becomes unavailable for any reason and the booking is cancelled by the agent, Niche Luxury Accommodation may try to relocate you to an alternative property or provide a refund of the deposit paid. Guest(s) may be charged an additional tariff in respect of that alternative property. Guest alterations to the reservations are not permitted within 60 days prior to your arrival date. Alterations to the reservation requested more than 60 days before your arrival date may be approved, at the discretion of Niche Luxury Accommodation provided that the booking remains with the same property as originally booked. The new dates must be within 12 months of the original booking and the tariff applied to a new booking is the rate at the time of change to booking dates. The new booking tariff must be equal or greater than the original booking. An alteration may only be made once.
3A. All guests who have had a credit applied to a booking where they were unable to attend the booking due to pandemic travel restrictions, and have not already applied the credit to a new booking the following Terms and Conditions apply: All credits must be applied to a new booking prior to 23 January 2023. The new booking must be at the same property originally booked. The prevailing tariff shall be applied to the new booking. The new booking tariff must be equal to or greater than the original booking.
3B. If you request a cancellation of your booking due to a Covid19 infection or any other illness, Cancellation clause 6 of these T&C shall apply. We recommend you purchase travel insurance to cover any financial losses you may incur in the event you need to cancel your booking.
4. Building and/or renovations: Our properties are located in suburban locations where building or renovation work may be effected to other properties within the vicinity of the Property. Neither Niche Luxury Accommodation nor the Owner are responsible for any noise from neighbouring properties caused by building or renovation work. No refund or reduction of tariff will be offered for noise from building or renovation work on neighbouring properties. Niche Luxury Accommodation may try to relocate you to an alternative property. Guest(s) may be charged an additional tariff in respect of that alternative property.
5. By-laws & Local Laws:
(a) Body Corporate By-laws: All occupants of or visitors to the Property MUST comply with any Body Corporate by-laws and rules applicable to the Property or which regulate the behaviour of occupants of or visitors to the Property. Occupants of and visitors to the Property will not create (or allow to be created) any noise or other nuisance, within or emanating from the Property. Failure to comply with Body Corporate by-laws or rules or the creation of noise or other nuisance in or from the Property may result in the termination of the reservation of the Property and removal of the Guest(s) and other occupants from the Property. Body Corporate management of the Property may be separate to Niche Luxury Accommodation. Niche Luxury Accommodation are not responsible for contractors organised by Body Corporate or onsite managers.
(b) Noosa Council Noise Local Laws: Noosa Council (‘Council’) has enacted the Short Stay Letting and Home Hosted Accommodation Local Law (‘Local Law’). The Local Law imposes a Code of Conduct (‘Code’) and this is displayed at the Property. The Guest(s) are responsible for ensuring their behaviour complies with the Code and any anti-social or unacceptable behaviour contrary to the Code may be reported to Council. The Guest(s) indemnify the Owner of the Property and Niche Luxury Accommodation for any finding by Council of a breach of the Local Law and will be liable to reimburse the Owner for any loss resulting from action taken by Council in response to the breach (including, but not limited to, a compliance notice, fine or de-listing of the Property).
6. Cancellations: Any cancellation of this reservation must be notified to Niche Luxury Accommodation in writing. Cancellations will result in forfeiture of monies paid by you in respect of the reservation. Niche Luxury Accommodation will endeavour to re-book the dates of your reservation. If we are able to completely re-book the dates of your reservation at the current tariff for that period, we will refund any monies paid by you less a $500 booking fee and credit card fees (if paid by credit card). If we need to offer a discounted rate to re-book the dates of your reservation, we will refund any monies paid by you less the difference between the rates and a $500 booking fee and credit card fees (if paid by credit card). If we are not able to re-book the dates of your reservation, then all of the monies paid by you in respect of the reservation will be forfeited.
7. Check-in: Check-in is required from 3.00pm on the Arrival Date. Early check-in is not available. The named Guest(s) must be present upon check-in to collect keys. The named Guest(s) must be present during the entire reservation. All bookings must be made by a person over 21 years of age. At check-in, proof of age may be requested.
8. Check-out: Check-out time is no later than 10am on the Departure Date. Upon check-out, the named Guest(s) must return keys to Niche Luxury Accommodation office. If the keys are not returned by 10am on the Departure Date, you will be charged an additional $150/hr or portion thereof. Late check-out is only permitted if pre-arranged and agreed.
9. Car parking: Some properties do not provide car parking. If car parking is provided you must only use the car parking space(s) allocated to the Property and not interfere with the use of common property by others. It is your responsibility to ensure that your vehicle fits within the car parking space allocated. Niche Luxury Accommodation is not responsible for vehicles that don’t fit within allocated spaces.
10. Cleaning and linen: On your arrival the Property will be presented with beds made up (excluding sofa beds and trundles). Linen (including bath towels (one per person)) is provided. Beach towels are provided in Hastings Street beachfront properties. If you require additional linen or towels or services, please advise us before you check-in. These can be provided at your cost. The Property is serviced mid-stay (based on an eight (8) night plus reservation) at times organised by Niche Luxury Accommodation. If you refuse cleaners entry for a mid-stay clean, Niche Luxury Accommodation will not re-book that service. The Property is a smoke free dwelling and must be kept clean and tidy and free of litter (including cigarette butts) at all times. The Property must be left clean and tidy at the end of this reservation including:
(a) all rubbish removed from the Property and placed in outside bins;
(b) the Property left secure with all windows and doors closed/locked;
(c) all furniture and/or decorative items replaced to their original position.
Any additional charges incurred to clean the Property or to repair damage to or otherwise reinstate the Property, will be charged to the credit card provided by you. Niche Luxury Accommodation will use its best endeavours to ensure windows/doors/louvres/balconies/pools/spas are clean on your arrival. Neither Niche Luxury Accommodation nor the Owner are responsible for weather conditions that affect these items prior to check-in.
11. Credit cards: The Guest(s) authorises Niche Luxury Accommodation to debit any outstanding balance tariff, additional tariff, lock and weir access key charge, after hours check-in charge or other additional charges (such as cleaning) or any costs and expenses incurred pursuant to these Terms and Conditions, to the credit card provided by you. No more than one (1) credit card will be accepted for any payment. We accept VISA, MasterCard and AMEX. There will be a 1.98% (inc. GST) processing fee applied to payments by AMEX.
12. Future reservations: Reservations are not automatically rebooked. If you wish to rebook the Property for another reservation we ADVISE you MUST request that reservation upon check-in. WE CANNOT guarantee YOUR requested booking period will be available. Usual reservation arrangements will apply.
13. Governing law: The law of Queensland governs your use and occupation of the Property during this reservation. You agree to submit to the exclusive jurisdiction of the Courts of Queensland.
14. Equipment use: Use of equipment in the Property (e.g. gymnasium, surf and SUP boards, surf ski, wind surfing and other like equipment) by the Guests or occupants of or visitors to the Property, occurs at the risk of the person using that equipment. Neither the Owner of the Property nor Niche Luxury Accommodation is responsible for or liable in respect of, any injury to the person or damage to the Property, resulting from that use.
15. Insurance: Niche Luxury Accommodation recommends that you insure against loss of monies paid, cancellation charges, medical expenses, loss of personal belongings and any other foreseeable loss or expense. Travel insurance is offered by a multitude of companies.
16. Internet connection:The Property may have a broadband internet connection (wired or wireless). The operation of any internet connection during this reservation is not guaranteed and may be disrupted or unavailable. The cost of using any internet connection is not included in the tariff. Neither the Owner of the Property or Niche Luxury Accommodation is responsible for or liable in respect of the availability of or disruption to, any internet connection or its use. Where internet is provided, guests are requested to be responsible in using it and only use it for accessing emails, social media and simple on-line searches. There must be NO streaming or downloading of videos, music or other copyrighted material. Excessive downloads may result in a charge to the guest.
17. Inspections: If Niche Luxury Accommodation believes that these Terms and Conditions have been or are being breached, Niche Luxury Accommodation may inspect the Property at any time during this reservation, upon demand and without notice. Niche Luxury Accommodation may inspect the Property at all other times during this reservation upon 24 hours verbal notice. Failure to provide access to the Property may result in the termination of this reservation of the Property and removal of the Guest(s) and other occupants from the Property.
18. Inappropriate bookings or Schoolies Week: Niche Luxury Accommodation reserves the right to refuse any booking that it feels may be inappropriate or that falls across the period of Schoolies Weeks.
19. Keys: Two (2) sets of keys to the Property will be collected from and returned to, Niche Luxury Accommodation upon check-in and check-out. Any key(s), remote control or alarm device that is lost or damaged will be replaced or repaired at your cost. This may include the cost of changing locks or having additional keys cut. Keys will not be provided if a balance of tariff has not been paid.
20. Liability: The Guest(s) is responsible and liable to reimburse the Owner of the Property for any damage to the Property, damage to or breakage of chattels or fixtures and fittings in the Property or any other loss suffered by the Owner as a consequence of the use or occupation of the Property during this reservation. Neither Niche Luxury Accommodation nor the Owner of the Property are liable for any damage to or loss of property of or injury to a Guest(s) or other occupant, visitor or entrant to the Property. Niche Luxury Accommodation will use its best endeavours to arrange for the repair or replacement of any part of the Property that fails or misfunctions during this reservation. Neither Niche Luxury Accommodation nor the Owner of the Property are liable for any such failure or misfunction. Neither Niche Luxury Accommodation nor the Owner are obliged to offer any form of refund or compensation to the guest for any such failure or misfunction.
21. Licence not a tenancy: This is not a Residential Tenancy Agreement under relevant Residential Tenancy legislation. Failure to comply with any of these Terms and Conditions may result in immediate termination of this reservation and eviction from the Property. Refunds will not be provided upon termination or eviction.
22. Late Arrivals, After-Hours Calls & Emergencies
(a) Late Arrivals: Niche Luxury Accommodation office hours are 8:00am to 5:00pm each day, except Christmas Day (closed). If you anticipate arriving outside of office hours, please contact us on (07) 5448 0966 to make alternative check-in arrangements. Property keys can be left for you in our key safe and the code will be provided by our reservation team prior to your arrival.
(b) After Hours Call Centre & Emergencies: For emergencies after-hours, please call us on (07) 5448 0966. We will be able to assist guests with most urgent matters arising outside our office hours (8:00am to 5:00pm each day, except Christmas Day as we are closed). A call-out fee of $150.00 may be charged to the guest in some instances such as lost keys, lockouts or attendance is required where there is a breach of our Terms & Conditions. If a contractor is called out for a non-emergency after hours, a call-out fee may be charged. If the call is about a life-threatening situation please ring 000, or if the call is to lodge a noise complaint please ring 131 444.
23. Noosa Waters lock and weir: If the Property is located within the Noosa Waters lock and weir system, a lock access card may be provided to the Guest(s). The deposit payable for the lock access card ($600) will be debited to your credit card and will be refunded to the credit card within seven (7) days of the return of the lock access card. If the lock access card is lost or not returned at the end of this reservation, you agree to pay $600 to replace the lock access card and for that cost to be debited to your credit card.
24. Online bookings: If you book through an online booking process, Niche Luxury Accommodation is not responsible for any incorrect information or if you book the wrong property or if the property is double booked. You accept full responsibility when booking through this facility. Neither Niche Luxury Accommodation nor the Owner are responsible if the Property is unavailable or is double booked. Your booking will not be confirmed until you comply with Clause 29 of these Terms and Conditions.
25. Personal belongings: You are responsible to ensure that all personal belongings are removed from the Property at the end of this reservation. Niche Luxury Accommodation will use its best endeavours to locate items reported as being left in the Property for a period of one month after departure date. The cost for return of lost property will be the cost of postage plus a $25 handling fee which will be debited to your credit card, any items found will be returned to the Guest at the booking address at the Guest’s expense
26. Pet friendly homes: A small selection of Niche Luxury Accommodation properties will accept pets. These properties are advertised on Niche Luxury Accommodation website. Pets can only be brought to any properties with the express permission of Niche Luxury Accommodation. Guests must advise in writing if they wish to bring pet/s to the Property during this reservation. That written advice must state the number and type of pet that will occupy the Property during this reservation. Guest(s) confirm that you accept that the tariff includes a premium to cover the anticipated cost of a pest spray and carpet/upholstery clean. Any damage/maintenance/cleaning/ replacement of items that are required due to the pet/s occupying the Property, will be charges to the Guest(s) credit card. Guest(s) must ensure all poop is collected and disposed of regularly during the reservation and before check-out.
27. Properties: : Each property is priced individually based upon the particular features of the Property. The Property may alter without notice. Neither Niche Luxury Accommodation nor the Owner are responsible for photography on websites. Niche Luxury Accommodation will use its best endeavours to find you a suitable property but no responsibility will be taken by Niche Luxury Accommodation or the Owner if you find the Property to be unsuitable for your requirements. No refund or rebate will be considered if you find the holiday property unsuitable or does not meet your expectations.
28. Security: When making your booking and paying the 50% non-refundable deposit (refer Clause 29), Guest(s) will provide Niche Luxury Accommodation with a credit card to be used in accordance with these Terms and Conditions for the purposes of this reservation. You authorise Niche Luxury Accommodation to debit that credit card :-
(a) to pay to or to reimburse Niche Luxury Accommodation or the Owner of the Property for, any balance tariff or any cost or expense, damage, breakage or other loss applicable to or arising out of the use and occupation of the Property during this reservation (including but not limited to telephone charges, hire and cleaning charges and the repair and/or reinstatement of the Property) and any cost or expense incurred due to the operation of these Terms and Conditions including but not limited to, any charges incurred by the Owner of the Property with and/or by Niche Luxury Accommodation, Police, Fire or other emergency services or security personnel and any additional tariff payable by the Guest(s)). If the credit balance available on the credit card provided is insufficient to pay that security amount or to pay or reimburse the balance tariff, any cost or expense and/or additional tariff, the Guest(s) agree that they are jointly and severally liable to pay to or to reimburse Niche Luxury Accommodation or the Owner(s) of the Property for, any outstanding amount as a debt due and payable by the Guest(s) to the Owner of the Property.
29. This reservation: To make your booking and confirm this reservation you must pay a deposit equal to 50% of the tariff and a $100.00 non-refundable booking fee when making this reservation. Your deposit and booking fee is non-refundable. You must also pay the balance of the tariff by no later than one (1) month BEFORE your Arrival Date, as well as the applicable Guest Services/Cleaning Fee. Niche Luxury Accommodation will notify you when the balance of the tariff is due. You authorise Niche Luxury Accommodation to debit the balance of the tariff to your credit card on the date notified.
If you fail to pay the deposit when making your booking, Niche Luxury Accommodation will cancel your reservation. If you fail to pay the balance of the tariff strictly in accordance with this Condition you agree that:-
(a) this reservation will be cancelled; and
(b) any deposit paid by you is forfeited to the Owner of the Property to compensate the Owner of the Property for the loss of this reservation; and
(c) any unpaid deposit is a debt due and payable by you to the Owner of the Property.
30. Termination: If this reservation of the Property is terminated, Niche Luxury Accommodation and/or the Owner of the Property is authorised to do all things necessary to remove the Guest(s) and other occupants from the Property, at your cost. If this reservation of the Property is terminated and the Guest(s) and other occupants are removed from the Property, the tariff applicable to the balance of this reservation will be forfeited to the Owner of the Property. There will be no refund of the tariff.
31. Tariffs: Tariffs may change without notice from time to time. The tariff for the reservation is not confirmed until the 50% deposit is paid in accordance with Clause 29. Once Guest(s) pay the 50% deposit to confirm the reservation, the tariff will not alter. No responsibility is taken by Niche Luxury Accommodation for any incorrect advertising of tariffs. Any verbal offers are not valid and will not be honoured unless they are confirmed by Niche Luxury Accommodation in writing.
32. Use of the Property: The Property is a residential dwelling within the Noosa community. The Property is to be used strictly as a residential dwelling for residential purposes by the Guest(s) and the number of occupants nominated on the Guest Registration Form. The Property is not to be used for any other purpose or by any greater number of occupants. The use of the Property for a function, a party, a wedding or other gathering of more than the nominated number of occupants is STRICTLY PROHIBITED. If you use the Property for a function, a party, a wedding or other gathering of more than the nominated number of occupants or other than as a residential dwelling for residential purposes:-
(a) your reservation of the Property will be terminated;
(b) the Guest(s) and other occupants of the Property will be removed from the Property;
(c) the Guest(s) agrees to pay an additional tariff of $4,400 (incl GST) and authorise Niche Luxury Accommodation to debit that additional tariff to the credit card provided.
Excessive noise is not permitted. A security company will investigate complaints of excessive noise or anti-social behaviour. This will incur a call-out charge payable by the Guest(s) which will be debited from your credit card. After one warning for excessive noise or anti-social behaviour or disturbance complaints by neighbours, the reservation will be terminated, Guest(s) will be evicted from the premises and you agree that the tariff applicable to the balance of this reservation will be forfeited to the Owner of the Property.
33. Niche Luxury Accommodation reserves the right to alter these Terms and Conditions at any time without notice.