Terms and Conditions - Rainbow Bay Holiday Apartments

The following Terms and Conditions will apply to your stay at Rainbow Place Apartments. We only accept bookings on the Terms and Conditions outlined in this document.
By making a booking and paying a deposit, you agree to abide by and comply with these Terms and Conditions as they stand now and as they may be changed from time to time on our Website at rainbowplace.com.au.

In case of any variation of booking conditions between us and an independent third party booking provider or wholesaler, the terms posted on the Website at rainbowplace.com.au will apply.

These Terms and Conditions were last updated on March 19th, 2020.

1.1 Guest Responsibility

1.1.1 It is your responsibility to have read and understood these Terms and Conditions before making a booking and paying a deposit.
1.1.2 We reserve the right to change all or part of these Terms and Conditions at any time. It is your responsibility to keep yourself updated on any changes to these Terms and Conditions. If you object to a change of the Terms and Conditions after paying your deposit, it is your responsibility to immediately advise us at the contact details provided on the Website, and we both agree to negotiate reasonably to produce an outcome acceptable to both parties.
1.1.3 You must monitor the observance of the Terms and Conditions by your guests and invitees. A breach of these Terms and Conditions by your invitees or guests will be considered a breach by you.
1.1.4 A breach of these Terms and Conditions may result in, but is not limited to, you being evicted from the Premises, losing your Bond (if any) and/ or other monies paid (or owed) by you.
1.1.5 Your credit card details will only be used to pay for amounts relating to your booking where directed by you. This information will never be supplied to a third party by us and will not be used for any other purpose.
1.1.6 By paying the deposit you agree to enter into an agreement to rent the Premises from us in accordance with these Terms and Conditions.
1.1.7 If the Premises are damaged due to accidental, negligence or willful act of the guest or the guests invitees the Premises will be repaired by us at the cost of the guest.
1.1.8 Use of the Premises for any event or use other than as residential holiday accommodation will result in the immediate termination of the booking for the Premises, removal of the guest(s) and other occupants from the Premises and other costs or expenses (including a function/extra cleaning fee of $2,000) being charged to the guests credit card. If insufficient funds are available; the debt will be passed onto a debt collecting company or the courts for the debt plus recovery costs.

1.2 Guests must:-

1.2.1 maintain noise at a reasonable level and, in particular, between 10pm and 8am.
1.2.2 comply with parking regulations and show consideration to neighbours and other vehicles.
1.2.3 dispose of garbage and recycling in accordance with the usual practice at the property and in the allocated bins. Guests must not leave excess rubbish in common or public areas.
1.2.4 notify the Manager of any complaints as soon as is practicable.
1.2.5 minimise their impact upon the residential amenity of the neighbours and local community.
1.2.6 be responsible for their visitors.
1.2.7 respect the residential amenities of the property and neighbours.
1.2.8 maintain the security of the Premises.
1.2.9 abide by any noise abatement order issued by police or any regulatory authority.
1.2.10 refrain from engaging in any drunken, obscene or antisocial behaviour.

1.3 Information about Premises

1.3.1 While Rainbow Place makes every effort to ensure that this information is current and kept up to date, this information may change without notice. The description of the Premises is made in good faith and we will accept no responsibility for misdescription. All photos on this Website were taken on site and are provided as a guide only.
1.3.2 Photographs on the Website are an accurate representation of the described property at the time the photograph was taken and are subject to change and fair wear and tear. Neither Rainbow Place nor the owner of the Premises accept responsibility for personal perceptions. Nor do we take any responsibility for any errors or omissions contained on the Website.
1.3.3 All properties under management are privately owned and are rented on a fully self-contained basis. In the event of faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner or Agent to compensate or discount. We will accept no responsibility for any inconvenience with machinery breakdown. In such circumstances, the Agent will undertake best endeavours to repair, replace or hire an alternative.

2.1 Tariffs and Fees

2.1.1 Tariffs/ Prices listed on our Website are a nightly rate based upon a minimum stay of three (3) nights and are guide only. Tariffs, Prices/ quotations are subject to change without notice and will not be guaranteed until deposit has been processed and you have received formal confirmation of your booking from us via email, SMS or letter. A dynamic pricing structure is in operation, tariffs change regularly. If a lower tariff is listed for a comparable property than previously booked we unfortunately cannot amend the tariffs charged after a booking confirmation has been issued.
2.1.2 Surcharges will apply to one and two night stays.
2.1.3 Where the booking is for more than 2 persons in a 1 bedroom property, 4 persons in a 2 bedroom property, rollaway beds will be provided at an additional fee of $30.00 person per night to a maximum of 1 additional person.
2.1.4 There is no additional charge for an infant under two years of age. For infants below the age of two-years, cots, high chairs, toddler gates etc, are available for a charge. In such circumstances, and where additional foldaway beds are an option, these may be provided in addition to a cot.
2.1.5 An additional non-refundable fee of $16.50 will apply to the processing of all bookings.
2.1.6 If a credit card transaction is declined for any reason, a $22 reprocessing fee will be imposed.

2.2 Payment and Deposits
2.2.1 We accept payment either by cash, cheque, money order and credit card, (Visa or MasterCard). A Credit Card number is to be provided as security for bookings.
2.2.2 A $500 deposit for each week on the booking is required to secure your booking and is to be paid at the time of or within 3 days of making your booking.
2.2.3 The balance of the Total Booking Fee must be paid before or on arrival date.
2.2.4 For December/January bookings 50% of Total Booking Fee must be made by October 1st each year. Please note this in NON-REFUNDABLE

3.1 Termination by guest

**Covid19 Cancellation Policy as at April 2021** If borders close and you cannot get here due to Covid19 you can move your booking to new dates within 12 months or cancel and lose 20% admin fee ($100).

3.1.1 If you cancel your booking for any reason, the following cancellation fees apply.
3.1.2 If cancelled 30 days or more prior to arrival, deposit will be refunded less 20% administration fee. With exception to longer stays whereby all monies will not be refunded.
3.1.3 If cancelled within 14 to 30 days before arrival, total deposit will be forfeited.
3.1.4 If cancelled within 14 days or less before arrival, total deposit will be forfeited and guest will be liable for the full payment if the apartment is not re-booked.
3.1.5 Where Guests neglects to pay the monies when owed, Rainbow Place reserves the right to deem this as a cancellation and cancel the booking. Should this happen then the Guest forfeits their deposit if the booking is cancelled within 30 days of the date of the booking.
3.1.6 No refund will be given for early departure. Any changes to your booking must be made with minimum 60 days notice. This includes shortening your stay.
3.1.7 Refunds cannot be made for bookings cancelled due to inclement weather or illness. We recommend that you take out comprehensive travel insurance to protect you in this regard

3.1.8 Bookings may be transferred to a future date, provided that the request to transfer by the guest: Is made at least 60 days before arrival, and Is for the same property, and Is for a duration of at least 5 nights, and Is for a period not later than four (4) months after the original arrival date, and the applicable tariff for that season is correctly applied.

3.1.9 Any money refund that was taken from a credit card that needs to be refunded incurs a 5% refund surcharge.
3.1.10 The credit card holder gives Rainbow Place authority to debit the credit card for any money owing from this booking in accordance with the Terms and Conditions.
3.1.11 It is at Rainbow Place full discretion as to what monies are refundable.
3.1.12 The Guest cannot hold the management of Rainbow Place responsible for any noise from construction work occurring close to the property or building repairs and apartment renovations. No Refund will be made under these circumstances.

3.1.13 December / January and special event deposits are Non Refundable

3.2 Termination by Agent
3.2.1 If the Premises becomes unavailable for occupancy before or during your stay for any reason (i.e. damage to the Premises, carrying out emergency repairs, sale of the Premises by the owner, the termination of our appointment to act as Agent for the Premises or any other eventually), we will endeavour to find suitable alternative arrangements for your stay. If satisfactory alternative arrangements cannot be made, we will refund monies paid for the whole or part of the booking not fulfilled.
3.2.2 We cannot be held responsible should a property be listed for sale, sold or the Agent’s appointment to act is terminated and your booking is cancelled.

4.1 Check-in and Check-Out

4.1.1 Check in time is Monday to Saturday from 2pm to 4pm and Sunday 11am to 12noon QLD Time.
4.1.2 You must check out by 9.00am on your check out day. Extra charges will apply if you are late in checking out.

4.2 Use of Premises
4.2.1 To maintain a good standard for guests, certain conditions need to be complied with when staying at the Premises. We appreciate that most guests will respect the relevant property, but because of the occasional case of abuse there is a need to draw your attention to the following conditions:
On departure, the Premises must be left in a similar state to the condition on arrival. Failure to leave the Premises in a satisfactory manner will result in you incurring extra charges. You authorise us to charge you for the additional costs we incur to clean the Premises on your departure if this condition is not observed.
Only the number of people shown on the confirmation email may stay at the Premises overnight. The number of your guests at any time should not exceed the number stated on the confirmation letter/email notice unless subsequently agreed in writing or email by us.
You must not use the Premises for any unlawful purpose.
You must not smoke in the apartments.
Animals or pets are strictly prohibited on the Premises unless prior arrangements are
confirmed in writing by us.
Parties and other functions are strictly prohibited on the Premises. The Total Booking Fee charged is for private domestic holiday use only. Accordingly this rate does not allow for the extra costs associated with functions in terms of cleaning, garbage removal, wear and tear, repairs etc. Failure to comply with this condition may be considered a serious breach of this agreement resulting in your eviction, the loss of your bond and/or other monies paid by you.
Disturbance to neighbours, including excessive noise, is strictly prohibited. Please note you are in a residential area and regard must be paid to the quiet enjoyment of neighbouring properties.
You must comply with all reasonable directions provided by us.
4.2.2 We reserve the right to enter the Premises at any time for any reason to ensure the compliance with these Terms and Conditions.

4.3 Breach of Conditions of Occupancy
4.3.1 A failure to comply with any of the above conditions may be considered a serious breach of this agreement resulting in your eviction, the loss of your bond (if any) and/ or monies paid (or owed) by you.

4.4 Balconies
4.4.1 For your safety, if there is one or more balconies on the Premises please ensure that you, your guests and your invitees observe the following rules:
A maximum of six (6) people are allowed on a balcony at any one time;
Do not climb, sit on, push or use strong force against the railings;
Avoid any behaviour which may cause damage to the Premises, the balcony or its safety features;
Avoid any behaviour that may cause a person to injure another person, themselves or cause someone or something to fall from the balcony;
Do not go out on the balcony if you are under the influence of alcohol or drugs;
Ensure that all windows and balcony doors are locked before you leave the Premises.
4.4.2 If children or persons of concern will be visiting or staying at the Premises, ensure that they are supervised at all times when using the balcony.

4.5 Pool Area
4.5.1 Glass or glass products are not permitted in the pool area. This condition is strictly observed.
4.5.2 Please ensure that children and persons of concern are supervised in the pool area and when using the pool.

4.6 Parking
4.6.1 Guests must park their cars only in the designated areas and clear of driveways.
4.6.2 You will be informed of the designated areas upon your request by us or at the time of check in and is subject to change. We cannot be held responsible for any fines imposed for non-observance of these rules.
4.6.3 The car park is secure with a total clearance of 1.9metres. Vehicles that exceed this height must not enter the car park. If the vehicle owner fails to observe the height limit and enters the car park and damages any structures or lighting then the owner will be responsible for cost of repairs.

4.7 Loss, damage or injury
4.7.1 You will be held responsible for any damage, breakages, theft or loss of any property on or in the Premises during your stay (including keys). If any property is affected in this manner, you will be responsible for all related costs for the repair or replacement of the affected property. You authorise us to deduct these costs from your bond (if any), monies paid (or owed) by you and if further required, charge your credit card accordingly.
4.7.2 Neither Rainbow Place nor the owner of the Premises takes any responsibility for the loss or theft of your personal property or for any bodily injury that occurs on or at the Premises.

4.8 Parties and other entertaining
4.8.1 We have a zero policy on parties being held in the Premises. A party being defined as:
Any situation where the maximum number of guests allowed per Premises is exceeded;
Any situation where the noise level from the Premises is deemed too high thereby disturbing other guests and/or residents;
Any situation whereby excessive traffic to and from the Premises is identified;
Any situation where it is deemed that intoxication is occurring;
Any situation where it is identified that excessive alcohol is present.
4.8.2 If any Premises is identified as having a party, we reserve the right to immediately request all occupants of the Premises to vacate the Premises and terminate the stay. In such a situation, the Total Booking Fee will be forfeited. In addition any expense resulting from additional cleaning, replacement of any furniture/fixture/breakage, including lost keys as well as any repairs will be deducted from the bond or charged to your credit card.

4.9 Alcohol
4.9.1 We do not allow excessive levels of alcohol to be brought in to the Premises. Excessive amounts of alcohol being defined as:
Multiple cases/slabs/cartons of beer, pre mixed drinks etc.; Multiple bottles/cases of spirits/wine.
4.9.2 If a registered guest or any persons associated with that guest, is identified as bringing excessive amounts of alcohol to the Premises that person will be requested to either relinquish the alcohol to us (or our appointed security provider) and which will be stored in safekeeping for their retrieval on departure, or alternatively for the alcohol to be permanently removed from the Premises. If at any stage, should a person be deemed in breach of this policy and refuse to abide by the requests, then that person will be requested to leave the Premises.

4.10 Additional actions that may result in eviction
4.10.1 We, or our appointed security provider reserve the right to immediately evict any guest, visitor or member of the public for the following (but not limited to) reasons:-
Intoxication and/or unsavory/lewd behaviour;
Throwing objects off any balcony or Premises;
Spitting or vomiting over the balconies;
Wilful damage to the Premises or to surrounding property;
Physical or verbal abuse/assault of our staff, other guests, residents, members of the public on or around the Premises;
Any behaviour deemed as a potential safety threat to others;
Any breach of these Terms and Conditions including alcohol or party policy;
Any incident for which the police are required to attend.

4.11 Smoke Alarms
4.11.1 Apartment accommodation is equipped with back to base smoke alarms, accidental setting off of these smoke alarms may result in the fire brigade attending, if the fire brigade attends a false alarm this will result in a fine from the fire department, these fines are expensive and are passed onto the guest.

5.1 If you are staying in an Apartment, you, your guests and your invitees must comply with the by-laws, house rules and any reasonable directions provided by members of the body corporate’s committee or building manager for the scheme.
5.2 The rules provided above under the heading of ‘Conditions of Occupancy’ and the definition of the ‘Premises’ extend to the common property of the scheme.

6.1 In addition to the tariffs and fees listed above and paid in full before you enter the Premises, additional fees and charges may be levied as outlined below.

6.1.1 A bond may be charged to your credit card before you arrive to take up occupancy. The amount of the bond varies with the premises and will be advised to you at the time of booking. This bond is charged to your credit card and, provided no additional charges have been incurred, is refunded within two (2) business days following your stay.
If you provide us with your credit card details, you provide your consent for us to deduct from your credit card, the bond value and any additional fees or charges stipulated in this agreement;
Where credit card details are not provided a cash deposit equal to the tariff for one (1) nights’ accommodation may be required;
6.1.2 If a security guard is called out by any person following a noise complaint during your stay at the Premises a $165 call out fee will be payable by you. A second complaint will cause eviction with no refund of monies paid by you;
6.1.3 Additional fees will apply if more guests then the number stipulated on the confirmation email of your booking stay at the Premises without our prior written consent;
6.1.4 You must pay all associated costs for the repair or replacement of damaged, lost or stolen property on or at the Premises;
6.1.5 We reserve the right to charge you a special cleaning fee to cover the reasonable cost of additional cleaning of the Premises that is required as a result of your occupancy.

7.1 The Owner of each of the properties listed on the Website has appointed the Agent, (ALPSM Pty Ltd T/As Rainbow Place Apartments ABN 237 132 746 26], to manage the property on their behalf and receive the rental money into a statutory trust bank account. The law in Queensland requires real estate agents to bank monies received from all real estate transactions into a trust account that is subject to regular audits. This ensures that your deposit and rental money is protected.
7.2 This is done independently from booking providers/ wholesalers, who provide marketing and promotional services on other websites in respect of these properties.
7.3 The Rainbow Place Website (excluding any linked third party sites) is controlled by the Agent in Queensland, Australia. By accessing this site, you accept that any disputes about this website or its contents are to be determined by the Courts having jurisdiction in Queensland in accordance with the laws of Queensland. This website may be accessed throughout Australia and overseas. The Agent and/or associated entities make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

8.1 ‘Website’ means the information portal at rainbowplace.com.au.
8.2 ‘Apartment’ means any lot in a community titles scheme for the purposes of the Body Corporate and Community Management Act 1997 in which you have agreed to stay through this Website.
8.4 ‘Premises’ means the property listed on the Website where you have agreed to stay.
8.5 ‘Total Booking Fee’ means the total rate or amount payable for the full period of your stay including the basic tariff plus (if levied) bond; fees for the supply of roll-away beds, cots and high chairs; and administration (Credit
Card reprocessing fees) and any other fees as outlined in these Terms and Conditions.
8.6 ‘Agent’ means Philip Martin (LN 395 3317) fully licensed Resident Letting Agent in Queensland who are accredited under the Property Agents and Motor Dealers Act 2000 – QLD Government Department of Justice and Attorney General.
8.7 All dollar amounts on the Website are expressed in Australian dollars (AUD$) only.
Special Note: Holiday Accommodation is covered by QLD Legislation under the: Residential Tenancies and Rooming Accommodation Act 2008