1. Agency Relationship

1.1 Appointment: Henry Property Services acts as the managing agent for and on behalf of the Property Owner.

1.2 Contract: By booking this property, you enter into a rental agreement with the Owner, facilitated by us as the Agent. We are authorized to enforce these terms, collect payments, and manage the property on the Owner's behalf.

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2. Booking & Payments

2.1 Payment Provider: All transactions are processed securely via Stripe.

2.2. Deposit & Balance: A 50% deposit is required to secure your booking. The remaining balance is due 30 days prior to arrival. If the booking is made within 30 days of arrival, full payment is required immediately.

2.3. Card Fees: A surcharge may apply to credit card transactions, as determined by Stripe processing fees.

2.4. Third-Party Bookings: Bookings made on behalf of another person (e.g., parents booking for children) are strictly prohibited unless approved in writing by the Agent. The person whose name is on the booking must be present at the property for the entire duration of the stay.

2.5. Third-Party Platform Bookings (OTA): If you have booked the Property through a third-party Online Travel Agent (e.g., Airbnb, Stayz/Vrbo, Booking.com):

 

• Conflict: The Payment Terms, Cancellation Policy, and Service Fees of that specific platform apply to your booking and take precedence over Section 2 (Bookings) and Section 11 (Cancellation) of these Terms.

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• Conduct: Notwithstanding the above, you are strictly bound by all Property Care, Guest Identity, Code of Conduct, and No Party policies contained in this agreement.

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3. Guest Identity & Security

3.1. Biometric Verification: We use secure third-party software (Superhog) to verify your identity. The person completing the check-in must be the person staying at the property.

3.2. CCTV Disclosure: In accordance with the Surveillance Devices Act 2007 (NSW), you acknowledge that the exterior of this property (driveway/entry/perimeter) is monitored by CCTV security cameras for security and verification of guest numbers. Tampering with cameras will result in immediate eviction.

3.3. Truth in Booking: If the number of guests exceeds the booking count, or if the identity of the lead guest is falsified, the booking will be terminated immediately with no refund.

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4. Security Bond & Pre-Authorization

4.1. Bond Amount: A security bond of $2,000 is required for all bookings.

4.2. Process: This is processed as a Stripe Pre-Authorization (Hold) on your credit card 1–2 days prior to check-in. This is not a charge, but funds must be available.

4.3. Release: The hold is released within 7 days of departure, provided no damage, missing items, or breach of terms has occurred.

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5. Authority to Charge

5.1. You expressly authorize Henry Property Services to deduct funds from the Security Bond (or the credit card on file) for:

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• Rectification of damages to property or furnishings (proven by Pre-Stay/Post-Stay reports).

• Replacement of stolen or missing inventory.

• Extra cleaning fees (e.g., unwashed dishes, rubbish left behind, smoking odours).

• Lost Keys / Lockout: A call-out fee of $150 applies if keys are lost or if the Agent is required to attend the property to grant access.

• Liquidated damages for breach of the "No Party" policy (see Section 7).

• Fines incurred due to breach of the NSW Code of Conduct.

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6. Property Condition & Reporting

6.1. Dilapidation Report: You acknowledge that prior to every arrival, we conduct a Pre-Stay Condition & Inventory Report to document the property's state.

6.2. The "1-Hour Rule": You must inspect the property upon arrival. If you find any existing damage or cleanliness issues, you must report them to us within 1 hour of check-in.

6.3. Liability: Failure to report issues within this window constitutes your acceptance that the property was in perfect condition. Any damage found after your departure will be deemed to have occurred during your tenancy.
  
7. Strict No Party Policy & Liquidated Damages

7.1. Zero Tolerance: Parties, events, "Schoolies," Bucks/Hens nights, and gatherings exceeding the registered guest count are STRICTLY PROHIBITED.

7.2. Liquidated Damages: You acknowledge that a breach of this policy causes significant cost and risk to the Agent. In the event of a party/event breach, you agree to pay the following Liquidated Damages:

• Security Call-Out Fee: $500 per attendance.

• Management Attendance Fee: $300 per hour.

• Extra Cleaning Fee: At Cost + 20% Admin Fee.

• Fines: Reimbursement of any Council/Police fines issued to the Owner or Agent.

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8. NSW Code of Conduct & Noise Restrictions

8.1. Compliance: You agree to abide by the NSW Code of Conduct for Short-Term Rental Accommodation.

8.2. Curfew: In accordance with Northern Beaches Council regulations, offensive noise is strictly prohibited. Music and loud outdoor activity must cease by 10:00 PM (Sunday – Thursday) and Midnight (Friday – Saturday).

8.3. Consequences: Police or Council noise complaints will result in immediate eviction, forfeiture of the security bond, and listing on the NSW Exclusion Register (which may ban you from future rentals in NSW).

9. Property Care

9.1. No Commercial Use: Commercial photography, filming, or brand promotions are prohibited without prior written approval. Unauthorised commercial use will incur a $5,000 Location Hire Fee.

9.2. Care of Finishes (Stains & Damage): Guests are strictly liable for any damage or permanent staining to the property, furnishings, or linens. This includes, but is not limited to, stains caused by food, wine, zinc-based sunscreens, makeup, and fake tan products. You agree to take due care to prevent such damage. Stained items will be charged at full replacement cost or incur specialized professional cleaning fees.

9.3. High-Value Indemnity & General Furnishings: "Normal wear and tear" does not apply to negligence involving high-value artwork, bespoke joinery, or marks left on general furniture (such as sofas and rugs). You accept full liability for the repair, restoration, professional cleaning, or replacement of such items.

9.4. Fire Safety & Emergency Equipment: In compliance with NSW STRA Fire Safety Standards, The Wywies is equipped with interconnected smoke alarms and affixed Evacuation Diagrams. Guests acknowledge they will review the Emergency Information Booklet provided at the property. Guests must not, under any circumstances, tamper with, cover, or disable smoke alarms, nor remove or deface the Evacuation Diagrams. Tampering with life-safety equipment is a serious breach of this agreement and the NSW Code of Conduct, and will result in immediate eviction, forfeiture of the security bond, and reporting to the relevant authorities.

10. Release & Indemnity

10.1. Release: To the fullest extent permitted by law, you agree to release Henry Property Services and the Property Owner from any liability for loss, injury, illness, or death sustained by you or your party during the stay, except where caused by our proven negligence.

10.2. Indemnity: You agree to indemnify and hold harmless the Agent and Owner against any claims, actions, damages, or costs (including legal fees) arising from your breach of these Terms or your negligence.

11. Cancellation & Mechanical Failure Policy

11.1. The following cancellation terms apply to your booking;

 

• 60+ Days Prior: Full refund (less $150 admin fee).

• 30–60 Days Prior: 50% refund.

• Within 30 Days: No refund.

11.2. Force Majeure & Mechanical Failure: If the property becomes uninhabitable due to an "Act of God" (e.g., bushfire) OR essential mechanical failure (e.g., no hot water/electricity) that cannot be fixed within 24 hours, Henry Property Services will offer a full refund or credit. Our liability is strictly limited to the refund of the booking amount; we are not liable for alternative accommodation costs or travel expenses.

12. Check-Out Requirements

12.1. Checklist: Prior to departure, you agree to complete the Guest Departure Checklist provided (remove rubbish to external bins, start dishwasher, lock up).

12.2. Penalty: Failure to complete these tasks will incur an additional $150 Cleaning Fee.

12.3. Overstay (Holdover) Fee: Check-out time is strictly 10:00 AM (unless a late check-out has been pre-arranged). You acknowledge that cleaners are scheduled to arrive immediately. Guests who remain in the property past 10:00 AM will be charged a Late Check-out Fee of $100 per hour (or part thereof). If the delay causes us to cancel the next incoming booking, you will be liable for the full cost of the cancelled reservation.

13. General Provisions

13.1. Governing Law: This agreement is governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of NSW.  

13.2. Severability: If any provision of this agreement is found to be unenforceable or invalid, that provision shall be severed, and the remaining terms shall continue to be valid and enforceable.

13.3. Right of Entry: The Agent, Owner, or authorised tradespeople may enter the property at any time without notice in the event of an emergency, reported security breach, or to mitigate damage (e.g., storm windows left open). For non-emergency maintenance, we will attempt to give 24 hours' notice.

13.4. Internet & Wi-Fi: Free Wi-Fi is provided as a complimentary service. We do not guarantee speed or reliability, and no refunds will be provided for internet outages. You agree not to use the connection for any illegal activity.

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By proceeding with a booking at The Wywies, you explicitly agree to be bound by the Short-Term Rental Agreement & Booking Terms outlined above, including full liability for the security bond, property damage, and any applicable on-charges. If you would like a copy of your signed agreement for your records, please contact wywies@outlook.com.au.