L’ABODE ACCOMMODATION SPECIALIST – GUEST TERMS AND CONDITIONS
Effective as of 30 September 2024
Real Estate: CORPORATION LICENCE
Licence No: 10013750
Roundabout Ventures Pty Ltd t/a L’Abode Accommodation
1.1 These Guest Booking Terms and Conditions (Terms) are between Roundabout Ventures Pty Ltd ABN 19 126 802 926 t/a L’Abode Accommodation – Real Estate Corporation Licence No. 10013750 (referred to as L’Abode, we, us, our and other similar expressions) and the person who books accommodation for a property offered by L’Abode for rental (referred to as Guest, Guests, you, yours and other similar expressions).
1.2 The Terms apply to:
a. each accommodation booking made by a Guest through [https://labodeaccommodation.com.au] (Website) or any other means (Booking); and
b. the use of the property subject of the Booking (Property) by Guests.
1.3 We only accept Bookings from persons 25 years of age or older. By making a Booking you agree to be bound by these Terms. If you make a Booking on behalf of a third party, you agree to these Terms on your own behalf and on behalf of that third party. Guests are advised to read in full, save or print these Terms at the time of Booking. A copy of the Terms can be accessed at https://labodeaccommodation.com.au/booking-terms-and-conditions/. Terms and conditions, if any, contained in any documentation provided by you to us are excluded and do not apply.
2.1 L’Abode does not own the Property. It has been appointed by the owner of the Property, as its agent, to manage Bookings and Guests’ stays at the Property.
2.2 Your occupation and use of the Property is permitted by the owner only as a limited licence in accordance with these Terms and you may only enter, occupy, or use the Property in accordance with these Terms and as set out in the Booking, after you receive a written Booking confirmation from L’Abode.
2.3 Guests are not tenants and do not enjoy exclusive possession of the Property. L’Abode and the owner retain the right to re-enter the Property during your stay, to the extent reasonably necessary to ensure you are complying with these Terms, to protect and safeguard the Property or as otherwise permitted by applicable law.
2.4 All matters and communications from you relating to the Property and the Booking must be made to L’Abode.
3.1 (Subject to availability) All Bookings are subject to availability and pricing at the time of the Booking.
3.2 (Fee Schedule) Schedule 1 sets out all deposits, fees and cancellation costs which may be payable by a Guest.
3.3 (Fees Payable) Fees payable by Guests relevant to their Booking will be set out in the Booking details, however, Guests may be liable for additional charges in accordance with these Terms, which may be invoiced by L’Abode to the Guest on or after the end of their Booking.
3.4 (Debit Authority) If any fees or costs payable by the Guest in relation to its use of the Property are more than seven days overdue (Overdue Amounts), the Guest authorises L’Abode to deduct the Overdue Amounts from any credit card whose details have been provided by the Guest to L’Abode. This is in addition to any other right L’Abode has to recover Overdue Amounts from the Guest, including deductions from any security bond under clause 4.
3.5 (Adult Required) There must be at least one person 25 years of age or older at the Property for the duration of any Booking, otherwise we may immediately cancel your Booking and remove any occupants from the Property.
3.6 (Minors) If you have a minor staying at the Property, you must be legally authorised to take care of or act on behalf of that minor and are solely responsible for the supervision and safety of that minor.
3.7 (Verbal Pricing) Any verbal quote given by L’Abode is an estimate only. Prices are subject to written confirmation of the Booking.
3.8 (No Transfer) Transferring or on-selling of Bookings is not permitted under any circumstances, unless L’Abode provides its prior written consent to you.
3.9 (Corporate Bookings) If a Booking is made by an organisation on behalf of an occupant of a Property it must provide:
a. details of everyone (Organisation Guest) on whose behalf it makes the Booking; and
b. L’Abode with an acknowledgement signed by each Organisation Guest, they are responsible for ensuring the organisation pays any fees in relation to the Booking and that if the organisation who made the Booking fails to pay those fees they will be personally responsible for paying any unpaid fees.
3.10 (Cancellation by L’Abode)
a. A Booking may be cancelled by us before occupation of the Property:
(i) if any amounts required to be paid prior to commencement of occupation of the Property have not been paid;
(ii) if we become aware a Booking has been made in breach of these Terms;
(iii) the owner has instructed us to cancel the Booking for any reason,
(iv) if the Property becomes unavailable for any reason, such as storm damage, unavailability of essential services or amenities, sale of the property; or
(v) if any requested identification information or details are not provided at the time of Booking or upon arrival at the Property to verify age and identity.
b. If we cancel your Booking, under clause:
(i) 3.8(a)(i) or 3.8(a)(ii) we will refund you any fees you have already paid less any third party fees we are unable to recover which we have had to pay in connection with the Booking, such as third party platform fees through which the Booking was made;
(i) 3.8(a)(iii) we will provide a full refund to you and L’Abode will use its reasonable endeavours to try and find suitable alternative accommodation. Where alternative accommodation cannot be sourced, L’Abode will contact you as soon as reasonably practicable.
c. For any cancellation under this clause 3.8, you acknowledge and agree L’Abode is not liable for, and you release L’Abode from, any liability for any costs you may have incurred in connection with the Booking including, without limitation, fees for travel, entertainment, activities, insurance or any third party arrangements of any kind.
3.11 (Cancellation by Guest) Guest cancellation of Bookings are treated as set out in Schedule 1.
4.1 Bookings under 28 nights
a. 24 hours before your Booking begins, an authorisation hold will be applied for the deposit amount to your payment method (typically ranging between $500 – $1,500 depending on the Property). This is to cover any incidental breakages or other costs incurred as a result of your stay at the Property.
b. The pre-authorisation will be released to you up to14 days from your departure from the Property, pending any final inspection of the Property after your departure.
c. For a Property which we classify as a higher-calibre Luxe Property, a bond ranging from $2,000 to $10,000 may be required. This bond amount will be specified in the property listing and communicated to you prior to booking. The bond will be held physically via bank transfer or credit card charge.
4.2 Bookings between 28 – 90 nights
a. A security bond deposit by bank transfer will be required equalling a minimum of $500 and up to a maximum of 4 weeks’ worth the relevant accommodation rate in connection with the Property, payable to L’Abode’s trust account.
b. The security bond will be refunded back to you up to 30 days from your departure from the Property, pending a final inspection of the Property after your departure.
4.3 Bookings over and above 90 nights
a. A security bond by bank transfer will be required equalling 4 week’s rent of the Property, paid to L’Abode’s trust account. This is paid at the time of making the booking.
b. The security bond will be refunded back to you up to 30 days after your departure from the Property, pending a final inspection of the Property after your departure.
5.1 The standard check-in time is 10:00am and check-out time is 3:00pm. We ask that you provide adequate notice in the event of late arrival.
5.2 Any early check-in or check-out request must be first approved by L’Abode in writing prior to your arrival at the Property.
5.3 If you stay at the Property beyond the check-out time stipulated in your Booking, without prior permission from us, we may charge you for that late check-out for up to another full day of occupation of the Property.
5.4 Any costs in connection with any unauthorised late check-out will first be deducted from the security deposit or pre-authorisation. If the charges exceed the security bond, we reserve the right and you authorise us to charge your nominated credit card for those additional amounts.
5.5 If any keys, swipes or fob access cards to the Property are not returned upon check-out, you will be charged for the replacement of all associated barrels and a complete set of new keys, swipes of fob access cards (as the case may be), plus additional service fee as outlined in the schedule.
5.6 Keys should NEVER be left inside the property upon checkout unless specifically instructed by L’Abode. Please refer to the arrival and departure instructions in your booking confirmation email for guidance. Any costs incurred by us to recover keys not returned, including retrieval from the property, will be charged to you along with an additional service fee as outlined in the schedule.
5.7 Duplication of keys, swipes or fob access to the Property are strictly forbidden. If spare keys to the Property are required please contact us and will do our best to accommodate your request.
5.8 Any call outs including meet and greet and other key handovers outside of office hours which is 9am to 5pm (Monday-Friday) will be charged in accordance with Schedule 1.
6.1 (General) Unless prior written permission has been obtained from L’Abode:
a. no business or commercial activity of any kind is permitted on the Property;
b. no alterations or additions are to be made to the Property or its contents; and
c. the Property is to be used exclusively for personal accommodation and not for any other purpose, including but not limited to photoshoots, commercial working spaces, and social media content, unless prior approval has been provided by the owner through L’Abode.
6.2 (Parties and gatherings)
a. Parties and gatherings on the Property are strictly prohibited without L’Abode’s prior written consent. Breaching this condition may result in instant loss of your security bond, immediately eviction without notice, and no refund or credit for any unused nights.
b. If a party or similar gathering is permitted:
(i) noise must be kept to a minimum after 10 pm;
(ii) Guests must adhere to applicable noise pollution controls, comply with any by-laws and building regulations (where applicable) and not create or permit any noise or nuisance, which is likely to interfere with the peaceful enjoyment of any other person occupying adjoining premises; and
(iii) any complaints received by L’Abode from the owner, neighbours or local authorities (including but not limited to nuisance, annoyance, inconvenience or disturbance of residents causing damage, playing loud music or musical instruments, dancing, entertaining at the Property) may be investigated further by L’Abode.
c. Any damage to the Property or any additional cleaning required to bring the Property back to an acceptable condition must be paid for by the Guests.
6.3 (Health & safety) If you become aware during your stay at the Property of anything which you reasonably believe poses an actual or suspected health & safety risk, you must immediately inform L’Abode.
6.4 (Number of people) Your Booking confirmation specifies the maximum permitted number of persons that can stay at the Property for the duration of your Booking. If we are notified of any additional visitors or occupants occupying the Property, additional charges, of up to 30% of the nightly rate per extra person may apply.
6.5 (‘House Manual’) If a Property has a ‘House Manual’ the Guests must read and adhere to any specific requirements in the ‘House Manual’ in addition to these Terms. The ‘House Manual’ covers essential information and instructions regarding the Property’s amenities, usage and any additional guidelines. L’Abode is not liable for any loss or injury suffered by a Guest failing to read or follow the ‘House Manual’.
6.6 (‘House Rules’) In addition to the ‘House Manual’, applicable building regulations and by-laws and any applicable laws, you must comply with these ‘House Rules’ which apply to all Properties. You must:
a. maintain the Property in a clean, tidy condition and ensure it is clear of rubbish;
b. leave the Property in the same condition as it was on arrival;
c. not bring or keep any pets or animals on the Property unless permission has been obtained from us in writing;
d. where the Property has a common area, not leave any objects or waste in those shared areas;
e. not engage in or permit illegal, immoral or distasteful activities to be conducted on the Property;
f. and not permit smoking or vaping of any kind inside the Property;
g. only park vehicles (of any kind) in areas specifically identified for Guest use by L’Abode. Any additional vehicles beyond those assigned for Guest use, should be parked outside the Property grounds;
h. since the Properties managed by L’Abode belong to the relevant owners, various items may be made available for Guests during their stay (e.g. pantry goods, kids toys, sports equipment etc.). Items not intended for Guest use are likely to be securely stored on the Property. Guests must honour the owner’s preferences and refrain from using items that have been deliberately locked away or covered up and are clearly not designated for Guest use;
i. not relocate furniture at the Property and no item from the Property is to be removed from the Premises (note: outdoor furniture must only be used outdoors and indoor furniture must only be used indoors);
j. ensure all bins must be properly lined, and any rubbish must be placed in the provided bins. Failure to remove any excess rubbish from the Property at time of check-out will result in a charge of $150.00 being payable by the Guest per excess bag or box of rubbish. Additionally, please note that cleaning fish on the Property is not allowed;
k. if a barbecue is present on the Property and has been used by you, ensure it is cleaned before departure. Failure to do so will result in a $70.00 charge that will be deducted from the Guest’s security bond. This is not included in the standard departure cleaning fee;
l. arrange for a locksmith at your own expense if you become locked out of the Property due to your own error, for example locking keys in the Property; and
m. grant access to the Property to L’Abode, the owner or any contractor engaged by them to undertake maintenance if you have reported a maintenance issue to us which requires our attention. Declining access or rescheduling will lead to you charged for any call-out fee charged by a contractor.
n. We provide and restock basic pantry items such as salt and pepper for your convenience. However, if a significant amount of these items is consumed beyond what is typically expected based on the length of your stay, guests are required to replace them.
7.1 Guests must notify L’Abode in writing within 24 hours of becoming aware of any issue or concern that they may have regarding the Property. L’Abode must be given reasonable time to address the issue. If the issue cannot be resolved in a reasonable time, and the issue, in L’Abode’s reasonable opinion, materially impacts the Guest’s use of the Property or makes the Property unusable, L’Abode will attempt to relocate the Guest to another similar property managed by L’Abode, though a price difference may apply.
7.2 Claims made after the Booking period ends will not be considered, and vacating the Property before the end of a Booking does not automatically entitle the Guest toa full or partial refund.
8.1 Where a Guest fails to comply in any of the following circumstances, L’Abode reserves the right to terminate a Booking and immediately repossess the Property or deny entry to Guests without prior notice:
a. failure to pay the accommodation rental payment within 7 days from the due date or as otherwise indicated on a payment notice issue by L’Abode to the Guest; or
b. for a breach of clause 6.
8.2 L’Abode is authorised to deduct all or a portion of the security bond amount in line with the Guest’s pre-authorisation specified under clause 4 of these Terms, for any breach of these Terms.
9.1 You agree and authorise us to deduct from your nominated credit card all or part of the security bond that may be required for any extra cleaning, breakages, loss, damages to the Property, breach of these Terms, or any additional fees outlined in this document.
9.2 You must notify L’Abode of any damage to the Property, contents, fixtures or fittings which occurs during your stay in writing. This applies even if you perceive the damage as fair wear and tear, or if you believe the damage is not your fault.
9.3 If L’Abode is not informed of any damage, and on inspection of the Property after your departure, damage is discovered, you will be liable for the costs plus any service fees associated of repairing such damage or replacing any damaged items, whichever is the lesser amount, unless you can prove the damage was not caused by you.
10.1 Except in an emergency, as reasonably determined by L’Abode, any repairs and maintenance to the Property will be carried out during our usual business hours, being Monday – Friday 9am – 5pm and excluding public holidays.
10.2 Guests who organise repairs or callouts outside of the above times will be solely responsible for those costs, unless otherwise agreed by L’Abode.
11.1 L’Abode uses commercially reasonable efforts to maintain the accuracy, currency and correctness of all advertising materials and information given to it with respect to the Property. Nothing in those materials is to be treated as a term or condition of this contract and details are subject to change without notice.
11.2 L’Abode is not liable for and will not issue a refund to any Guest who is not satisfied with or does not consider the Property booked to be suitable as a result of any difference of opinion as to the condition or quality of the premises, the surrounds, nor for any temporary defects or stoppages of any utilities.
11.3 Properties may not appear exactly as pictured or described due to normal Property wear and tear, a change in furnishings or any other changes that may have occurred after the advertising materials were published.
11.4 L’Abode does not accept any responsibility for any matter or occurrences beyond its reasonable control including (but not limited to) damage caused by extreme weather conditions, breakdown of appliances, wiring, internet outage, wifi speed, construction, plumbing, invasion of pests or noise disturbance or any act or omission on the part of the owner causing loss, accident or injury to the Guest or any visitors or other occupants.
11.5 All information regarding the Property on L’Abode’s Website is believed to be accurate at the time of the publication. However, L’Abode and the owner reserve the right to make changes to the Property and online listing without notice. L’Abode will not accept responsibility of any kind and however arising, for any alterations to the Property or any part thereof beyond L’Abode’s control.
12.1 We treat all personal information submitted to us in accordance with our Privacy Policy accessible here. By accepting these Terms you also agree to comply with our Privacy Policy.
12.2 In line with section 18N(1)(b) of the Privacy Act 1988 (Cth) you authorise your credit provider(s) (if any) to disclose credit information about you to us for the purposes of L’Abode assessing your credit worthiness, standing and history, or credit capacity in relation to your Booking.
12.3 You agree not to invade the privacy of the owner. Private contact information is not to be published or revealed in any way which might allow a third party to identify the address of the Property or the owner’s contact or personal information (even if such information is already in the public domain).
13.1 Neither L’Abode or the Guest will be liable to the other for any delay or failure to perform their obligations under this document (other than for payment under this document) resulting from causes outside their reasonable control and that could not have been prevented or avoided by that party taking all reasonable steps, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease (including COVID-19), strikes or shortages of transportation facilities, fuel, energy, labour or materials.
14.1 To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on L’Abode are excluded under these Terms.
14.2 Nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law (ACL) or under any international consumer protection legislation, provided that, to the extent that such law permits L’Abode to limit its liability, then L’Abode ’s liability is limited to:
a. in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
b. in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
51.1 To the extent permitted by law, L’Abode and its current and former officers, employees, agents, contractors, sub-contractors, consultants (including their respective employees and contractors) (collectively, L’Abode Personnel) are not liable for any injury, damage, loss, delay, expense or inconvenience caused directly or indirectly to any Guest or other occupant of the Property or their personal belongings, baggage, vehicles and other property whilst staying at the Property.
15.2 The Guest acknowledges that the use of any of the Property’s facilities (swimming pool, outdoor spa, tennis court or the like) which may result in injury, loss or damage to the Guest, other occupants or their property is the Guest’s responsibility.
15.3 It is recommended Guests take out personal property insurance or adequate travel insurance should any unexpected situations arise before or during their Booking period.
15.4 If you or any guests leave personal items at the Property, you may request L’Abode to recover and return those items. L’Abode will charge a $75/hr service fee, with a minimum charge of 1 hour, and if Labode is able to locate any or all of the items, it will arrange postage of the items at your cost. L’Abode is not liable in any way if it is unable to recover any personal items left behind by you or any other guest.
16.1 To the extent permitted by the law, you agree to release, indemnify and forever hold harmless, L’Abode, the L’Abode Personnel and the owner (including their agents and subcontractors) (collectively, the Indemnified Parties) against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss or damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your use and occupation of the Property (including in connection with any visitors you invite to the Property) except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgement or loss arose out of, was caused by, attributable to or resulted from the Indemnified Parties’ negligence, wrongful act or omission, or a breach of these Terms.
16.2 To the extent permitted by law, the aggregate of the Indemnified Parties’ liability to you is limited to an amount not exceeding the total amount paid by you for your Booking.
16.3 Each indemnity in these terms and conditions is a continuing and independent obligation and survives the termination or expiry of these Terms.
17.1 Dispute resolution procedure
Subject to clause 17.2, if any dispute, controversy or claim (Dispute) arises out of or in connection with this document (including without limitation the entry into, existence, breach, termination or validity of this document):
a. the parties must first, acting in good faith, use their reasonable endeavours to resolve the Dispute in accordance with the procedure in this clause 18, and
b. no party may commence arbitration or court proceedings in relation to a dispute without first complying with this clause.
17.2 Notice of Dispute
A party claiming that a Dispute has arisen under, or in connection with, this document (the Disputing Party) must give to the other party a notice identifying precisely, and providing full particulars of, that Dispute, including details of any loss suffered by that party in relation to the Dispute (a Dispute Notice).
17.3 Resolution between parties
a. Each party to the Dispute must use its reasonable endeavours to resolve the Dispute within 15 Business Days of the issue of the Dispute Notice.
b. Each party to the Dispute must comply with any reasonable requests made by any other party to the Dispute for non-privileged information reasonably related to the matters in Dispute.
c. Under these Terms, Business Day means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.
17.4 Exceptions
Clauses 17.1 to 17.3 do not apply to proceedings for urgent interlocutory or declaratory relief (or other interim or conservatory measures, including measures required to prevent expiry of a relevant limitation period).
17.5 Continued performance
Despite the existence of a Dispute, each party must continue to perform its obligations under this document.
18.1 Notices given under this document must be in writing and clearly readable in English and delivered electronically by email to that party’s address or email address shown on the relevant Booking confirmation or to such other address or person as a party may specify by notice given in accordance with this clause.
18.2 A notice is taken to be duly given and received if delivered by email, within 1 hour of sending unless a delivery failure notice is received.
18.3 Despite clause 18.1 notices received after 5 pm in the place of receipt or on a non-Business Day are taken to be received at 9 am on the next Business Day.
19.1 L’Abode will be entitled to sub-contract or delegate its obligations under these Terms without prior notification to you.
19.2 These Terms and the Booking confirmation represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
19.3 The parties agree that these Terms are fair and reasonable in all the circumstances. However, if any provision of these Terms is held not to be valid by a Court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these Terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
19.4 The failure, delay or omission by a party to exercise, or to partially exercise, a right, power or remedy under this document does not operate as a waiver of that right, power or remedy.
19..5 A party which exercises, or partially exercises, a right, power or remedy maintains its right to further exercise the same right, power or remedy or to exercise another right, power or remedy.
19.6 A party waives a right, power or remedy only by explicitly doing so in a written notice to the other party and the waiver is strictly limited to the matters specified in the notice.
19.7 All warranties, releases, exclusions and limitations of liability and indemnities in these Terms will remain valid and binding following expiry or termination of any Booking. Any other provision by its nature intended to survive expiry or termination of a Booking survives expiry or termination of the Booking.
19.8 The rights, powers, authorities, discretions and remedies of a party under these Terms do not exclude any other right, power, authority, discretion or remedy.
19.9 L’Abode may set off any amounts due and payable to it by, or to which it otherwise is or would be entitled from the Guest (whether under any provision of these Terms or otherwise at law) against any amounts that L’Abode is required to pay to the Guest under these Terms
19.10 These Terms are governed by the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
Vetting Requirements:
A selfie holding your licence
Signing terms and conditions
Guests’ details (requested via email or SMS)
Credit card details for pre-authorisation/bond
L’Abode Discount Code Terms:
The 10% off code is valid for accommodation bookings made directly through L’Abode Accommodation’s official website or over the phone.
The voucher is valid for accommodation bookings at properties managed by L’Abode Accommodation and is subject to availability.
The discount code is non-transferable, has no cash value, and cannot be exchanged, refunded, or redeemed for cash or credit.
The discount code is valid only for accommodation bookings of less than 20 nights.
The discount code cannot be combined with any other offers, promotions, or discounts.
L’Abode Accommodation reserves the right to modify or cancel the discount code offer at any time without prior notice.
By redeeming the voucher, the customer agrees to these terms and conditions.
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