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Terms & Conditions

  1. About these Terms

    1. These Terms apply to:

      1. every use of the Website; and

      2. every Direct Booking made with Cara Luxe Stays.

    2. A person who makes a Direct Booking (the Guest) enters into a contract with Cara Luxe Stays on these Terms and the House Rules for the Property when Cara Luxe Stays issues the Booking Confirmation.

    3. The Guest accepts these Terms by ticking the acceptance box in the booking form. A person who does not accept these Terms must not make a Direct Booking.

    4. The Guest must be at least 18 years old and must have authority to make the Booking on behalf of every member of the Guest Party.

    5. These Terms do not apply to a Platform Booking, which is governed by the terms of the relevant Platform. The House Rules and clause 9 apply to every person who stays at a Property, whether under a Direct Booking or a Platform Booking, as the conditions on which Cara Luxe Stays permits entry to the Property.

    6. If these Terms are inconsistent with the House Rules or a Listing, these Terms prevail, except that a Listing prevails on the Price, the Free Cancellation Deadline, the Maximum Occupancy, the Check-in Time, the Check-out Time and any Security Deposit for the Property.

  2. Definitions

    1. In this Agreement:

      1. Access Information means keys, key safe codes, access codes, smart lock credentials and any other information or device that permits entry to a Property.

      2. Accommodation Fee means the part of the Price that is charged for the nights of the Stay, excluding the Cleaning Fee and any other fee identified separately in the Listing or at checkout.

      3. Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

      4. Booking means a reservation of a Property for a Stay.

      5. Booking Confirmation means the email or message by which Cara Luxe Stays confirms a Direct Booking, including the Property, the Check-in Date, the Check-out Date, the number of guests and the Price.

      6. Check-in Date means the first day of the Stay stated in the Booking Confirmation.

      7. Check-in Time means the earliest time on the Check-in Date at which the Guest Party may enter the Property, as stated in the Listing or the Booking Confirmation.

      8. Check-out Date means the last day of the Stay stated in the Booking Confirmation.

      9. Check-out Time means the time on the Check-out Date by which the Guest Party must leave the Property, as stated in the Listing or the Booking Confirmation.

      10. Cleaning Fee means the fee for cleaning the Property after the Stay, as stated in the Listing or at checkout.

      11. Direct Booking means a Booking made through the Website or otherwise directly with Cara Luxe Stays, and not through a Platform.

      12. Event Outside Our Control means an event beyond the reasonable control of Cara Luxe Stays, including fire, flood, storm, earthquake, epidemic, government order, failure of a utility, and damage to the Property by a person other than Cara Luxe Stays, but does not include a shortage of funds.

      13. Free Cancellation Deadline means 11:59 pm Sydney time on the day that is 14 days before the Check-in Date, or any different deadline stated in the Listing at the time of the Booking.

      14. Guest Party means the Guest and every other person who stays at or visits the Property during the Stay with the Guest's permission.

      15. House Rules means the rules for the Property that are published in the Listing and provided to the Guest before the Stay, as updated from time to time before the Check-in Date.

      16. Listing means the page on the Website that describes a Property.

      17. Maximum Occupancy means the maximum number of overnight guests permitted at the Property, as stated in the Listing.

      18. Platform means a third-party accommodation booking platform, including Airbnb, Booking.com, Vrbo, Stayz and Google Vacation Rentals.

      19. Platform Booking means a Booking made through a Platform.

      20. Price means the total amount payable for the Booking as displayed at checkout before the Guest confirms the Booking, including the Accommodation Fee, the Cleaning Fee and any other fee displayed.

      21. Privacy Policy means the privacy policy published on the Website.

      22. Property means the short-term rental accommodation identified in the Booking Confirmation, including its furniture, fittings, appliances and grounds.

      23. Security Deposit means the amount, if any, stated in the Listing as a security deposit or pre-authorisation for the Property.

      24. Stay means the Guest Party's occupation of the Property from the Check-in Time on the Check-in Date to the Check-out Time on the Check-out Date.

      25. STRA Code means the Code of Conduct for the Short-term Rental Accommodation Industry made under the Fair Trading Act 1987 (NSW), as amended or replaced from time to time.

      26. Verification Process means the guest identification and check-in process described in clause 7.

      27. Website means the websites operated by or for Cara Luxe Stays, including caraluxestays.com.au and book.caraluxestays.com.au and any booking pages hosted for Cara Luxe Stays by a booking system provider.

  3. Making a Booking

    1. A Booking request submitted through the Website is an offer by the Guest to book the Property on these Terms. A Booking is made only when Cara Luxe Stays issues the Booking Confirmation.

    2. Cara Luxe Stays may decline a Booking request for any reason before issuing the Booking Confirmation, and will refund any amount paid for a declined request within a reasonable time.

    3. The Guest must ensure that the information supplied with the Booking request is accurate and complete, including the names and number of persons in the Guest Party and the purpose of the Stay.

    4. The number of persons staying overnight at the Property must not exceed the lesser of the number stated in the Booking Confirmation and the Maximum Occupancy, unless Cara Luxe Stays agrees in writing before the Stay. Cara Luxe Stays may charge the additional guest rate stated in the Listing for any additional person it approves.

    5. A Booking grants the Guest Party a licence to occupy the Property for the Stay for holiday, business travel or other temporary accommodation purposes. A Booking does not create a residential tenancy, lease or any other interest in the Property, and the Guest Party must not use the Property as a principal place of residence.

    6. The Guest may not transfer a Booking to another person without the written consent of Cara Luxe Stays.

  4. Price and Payment

    1. The Price is stated in Australian dollars and includes GST to the extent that GST applies to the supply.

    2. The Price is payable in full at the time of the Booking request, unless the Listing or the checkout page states a different payment schedule, in which case the Guest must pay each instalment by the date stated.

    3. Payments are processed by a third-party payment processor. The Guest authorises Cara Luxe Stays and its payment processor to charge the payment method supplied by the Guest for the Price, for any instalment when it falls due, and for any amount that becomes payable under clause 11.

    4. The Guest warrants that the Guest is authorised to use the payment method supplied and that the payment details are accurate. If a payment is declined or reversed, Cara Luxe Stays may cancel the Booking by notice to the Guest if the Guest does not pay by an alternative method within 48 hours after the notice.

    5. Where the Listing specifies that a Security Deposit is required, Cara Luxe Stays may pre-authorise or charge the Security Deposit to the Guest's payment method at any time from 7 days before the Check-in Date until the end of the Stay, and will release or refund the Security Deposit within a reasonable time after the Check-out Date, once Cara Luxe Stays has inspected the Property, less any amount deducted under clause 11.

    6. Any surcharge for a payment method is displayed at checkout before the Guest confirms the Booking. The Guest's bank or card issuer may charge the Guest currency conversion or international transaction fees, which are not refundable by Cara Luxe Stays.

  5. Changes and Cancellation by the Guest

    1. The Guest may cancel a Booking by giving notice to Cara Luxe Stays by email or through the Website.

    2. If the Guest cancels before the Free Cancellation Deadline, Cara Luxe Stays will refund the Price in full within a reasonable time after the cancellation.

    3. If the Guest cancels after the Free Cancellation Deadline, or does not arrive for the Stay, or leaves before the Check-out Date, Cara Luxe Stays may retain the Accommodation Fee for the nights of the Stay that are cancelled or not used, and will refund the Cleaning Fee and any other fee for a service that Cara Luxe Stays does not provide as a result of the cancellation. Cara Luxe Stays may, at its discretion, refund or credit part of the Accommodation Fee where the circumstances warrant it, but is not obliged to do so.

    4. The Guest may request a change to the Check-in Date, the Check-out Date or the number of guests. Cara Luxe Stays may accept or decline the request. If Cara Luxe Stays accepts the request, the Price is adjusted to the rate applicable to the changed Booking, and a change that reduces the length of the Stay after the Free Cancellation Deadline is treated as a cancellation under clause 5.3 in respect of the reduced nights.

    5. Nothing in this clause limits a refund or other remedy that the Guest is entitled to under the Australian Consumer Law.

  6. Changes and Cancellation by Cara Luxe Stays

    1. If Cara Luxe Stays cannot provide the Property for the Stay for any reason, Cara Luxe Stays must notify the Guest as soon as practicable and, at the Guest's election, either:

      1. provide comparable accommodation for the Stay at no additional cost, and refund any difference if the comparable accommodation is cheaper; or

      2. cancel the Booking and refund the Price in full within a reasonable time.

    2. If an Event Outside Our Control prevents the Stay or makes the Property unsafe or unfit for the Stay, Cara Luxe Stays may cancel the Booking and, at its election, either offer the Guest alternative dates or a credit for the Price, or refund the Price less any reasonable costs that Cara Luxe Stays has incurred and cannot recover. If the Event Outside Our Control arises during the Stay, the refund or credit is limited to the Accommodation Fee for the affected nights.

    3. Cara Luxe Stays may cancel a Booking before the Stay by notice to the Guest if:

      1. the Guest does not complete the Verification Process by the time required under clause 7;

      2. Cara Luxe Stays reasonably believes that the Booking request contained false information or that the Stay is intended for a party, event or other purpose prohibited by the House Rules; or

      3. a payment is declined or reversed and not replaced under clause 4.4.

    4. A cancellation under clause 6.3 is treated as a cancellation by the Guest under clause 5 on the date of the notice, except that no refund is payable if the Guest supplied false identity or payment information.

    5. Cara Luxe Stays is not liable for any cost that the Guest incurs for travel, other accommodation or other arrangements as a result of a cancellation under this clause, beyond the refund or comparable accommodation provided under it and any remedy available under the Australian Consumer Law.

  7. Guest Verification

    1. Before Cara Luxe Stays releases Access Information for a Direct Booking, the Guest must complete the Verification Process, which may require the Guest to:

      1. confirm the Guest's contact details and estimated arrival time;

      2. provide the names of each person in the Guest Party who will stay overnight;

      3. provide a copy or image of a current government-issued photo identification document for the Guest, and, if requested, a live photograph of the Guest for comparison with that document;

      4. confirm that the Guest has read the House Rules; and

      5. supply payment details for any Security Deposit.

    2. The Guest must complete the Verification Process by 48 hours before the Check-in Time, or by any later time that Cara Luxe Stays allows.

    3. Cara Luxe Stays may withhold Access Information until the Verification Process is complete, and may cancel the Booking under clause 6 if the Guest does not complete it or if the information supplied is false or cannot be verified.

    4. Cara Luxe Stays collects, uses, stores and deletes information obtained through the Verification Process in accordance with the Privacy Policy.

  8. Check-in, Check-out and Access

    1. The Guest Party may enter the Property from the Check-in Time on the Check-in Date and must leave the Property, with all belongings, by the Check-out Time on the Check-out Date.

    2. Cara Luxe Stays will send Access Information to the Guest on or before the Check-in Date once the Verification Process is complete.

    3. Early check-in and late check-out are available only with the prior agreement of Cara Luxe Stays and may attract the fee stated in the Listing.

    4. If the Guest Party has not left the Property by the Check-out Time, Cara Luxe Stays may charge the Guest the late check-out fee stated in the Listing, or if none is stated, the daily rate for the Property apportioned for each hour or part hour of delay, and may recover under clause 11 any loss that results from the delay, including the cost of accommodating an incoming guest elsewhere.

    5. The Guest must keep Access Information confidential, must not disclose it to any person outside the Guest Party, and must return or leave all keys and access devices as instructed at the end of the Stay.

    6. If a key or access device is lost, or the Guest Party's conduct requires a lock or code to be changed, the Guest must pay the reasonable cost of replacement or attendance, which Cara Luxe Stays may recover under clause 11.

  9. Occupancy, House Rules and Conduct

    1. The Guest Party must comply with the House Rules and with the guest obligations in the STRA Code, which include not creating unreasonable noise, not damaging the Property and not disturbing neighbours.

    2. The Guest Party must not:

      1. hold a party, function or event at the Property;

      2. permit any person to stay overnight who is not included in the Booking Confirmation or approved under clause 3.4;

      3. smoke or vape inside the Property or in any area the House Rules designate as smoke-free;

      4. bring an animal to the Property, other than an assistance animal, unless the Listing states that pets are permitted;

      5. use the Property for any unlawful purpose or in a way that creates a risk to the health or safety of any person; or

      6. interfere with any smoke alarm, safety equipment or security device at the Property.

    3. The Guest is responsible for the conduct of every member of the Guest Party and for any breach of these Terms or the House Rules by a member of the Guest Party.

    4. The Guest must report any damage, breakage, fault or safety issue at the Property to Cara Luxe Stays as soon as practicable after the Guest becomes aware of it.

    5. Cara Luxe Stays or its contractors may enter the Property during the Stay:

      1. at any time and without notice in an emergency, or to respond to a safety, security, noise or disturbance concern; and

      2. on reasonable notice to the Guest for repairs, maintenance, inspection, or to check compliance with the House Rules and these Terms.

  10. Ending a Stay Early

    1. Cara Luxe Stays may require the Guest Party to leave the Property before the Check-out Date if a member of the Guest Party:

      1. commits a serious breach of the House Rules or clause 9, including holding a party, exceeding the Maximum Occupancy, or causing significant noise or disturbance to neighbours;

      2. causes or threatens damage to the Property or injury to any person; or

      3. engages in unlawful conduct at the Property.

    2. If Cara Luxe Stays requires the Guest Party to leave under clause 10.1, Cara Luxe Stays may retain the Accommodation Fee for the unused nights of the Stay, subject to the Australian Consumer Law, and may recover any loss under clause 11.

  11. Damage, Loss and Additional Charges

    1. The Guest must pay Cara Luxe Stays the reasonable cost of:

      1. repairing or replacing any part of the Property that is damaged, lost or removed by a member of the Guest Party during the Stay, beyond fair wear and tear;

      2. cleaning required after the Stay beyond ordinary cleaning covered by the Cleaning Fee, including removal of smoke odour and cleaning after an animal;

      3. replacing keys or access devices or changing locks or codes under clause 8.6;

      4. any fine, penalty or charge imposed on Cara Luxe Stays by a government agency, an owners corporation or a Platform as a result of the Guest Party's conduct;

      5. attendance at the Property by Cara Luxe Stays, its contractors or a security service in response to noise, disturbance or another breach of the House Rules or these Terms by the Guest Party;

      6. the Accommodation Fee for each night, during a reasonable period of repair or cleaning, on which the Property cannot be let because of damage or cleaning attributable to the Guest Party; and

      7. any additional guest, late check-out or other fee that applies under these Terms or the Listing.

    2. Before charging an amount under clause 11.1, Cara Luxe Stays will give the Guest written notice setting out the amount and how it was calculated, with supporting evidence where available. Cara Luxe Stays will give the notice as soon as practicable after it becomes aware of the amount, and in the case of a fine, penalty or charge under clause 11.1(d), after it receives it.

    3. After giving notice under clause 11.2, Cara Luxe Stays may deduct the amount from the Security Deposit and charge any balance to the Guest's payment method. The Guest may raise a concern about the amount under clause 13.

    4. Nothing in this clause requires the Guest to pay for damage caused by Cara Luxe Stays, its contractors, a previous guest or an Event Outside Our Control.

  12. Belongings and Safety

    1. The Guest Party is responsible for its own belongings during the Stay and must secure doors and windows when leaving the Property.

    2. Cara Luxe Stays is not liable for loss of or damage to the Guest Party's belongings except to the extent that the loss or damage is caused by the negligence of Cara Luxe Stays or its contractors, or liability cannot be excluded by law.

    3. Cara Luxe Stays may deal with any property left at the Property after the Check-out Time in accordance with the Uncollected Goods Act 1995 (NSW), and may charge the Guest the reasonable cost of storing and returning it.

  13. Complaints and Disputes

    1. A Guest who has a concern about a Booking or a Stay may contact Cara Luxe Stays at hello@caraluxestays.com.au or +61 423 091 147. Cara Luxe Stays will acknowledge and respond to a complaint within a reasonable time.

    2. Complaints about conduct covered by the STRA Code are handled in accordance with the STRA Code. A Guest or a neighbour may also make a complaint about that conduct to NSW Fair Trading.

    3. Each party must attempt to resolve a dispute about these Terms by negotiation before commencing proceedings, except where urgent relief is sought.

  14. Consumer Guarantees and Liability

    1. The accommodation and related services supplied under these Terms come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

    2. To the extent permitted by law, the liability of Cara Luxe Stays for a failure to comply with a consumer guarantee in relation to services that are not of a kind ordinarily acquired for personal, domestic or household use is limited, at the option of Cara Luxe Stays, to supplying the services again or paying the cost of having the services supplied again.

    3. To the extent permitted by law, Cara Luxe Stays is not liable to the Guest for loss of profit, loss of business or any indirect or consequential loss arising out of a Booking or a Stay.

    4. To the extent permitted by law, the total liability of Cara Luxe Stays to the Guest arising out of a Booking, other than for personal injury or death caused by the negligence of Cara Luxe Stays, is limited to the Price paid for the Booking.

    5. The liability of Cara Luxe Stays is reduced to the extent that the negligence of the Guest Party or a breach of these Terms by the Guest contributed to the loss.

  15. Website Use and Intellectual Property

    1. Cara Luxe Stays grants each user a non-exclusive, non-transferable licence to access and use the Website to view Listings and make Bookings.

    2. A user must not copy, scrape, reproduce or distribute any part of the Website, use the Website for any unlawful purpose, or interfere with its operation.

    3. All intellectual property rights in the Website and its content, including photographs, text and branding, are owned by or licensed to Cara Luxe Stays. Nothing in these Terms transfers any intellectual property right to a user.

    4. The Website may contain links to third-party websites and services, including Platforms and payment processors, which Cara Luxe Stays does not control and is not responsible for.

    5. Cara Luxe Stays may change or suspend the Website at any time, and does not warrant that the Website will be available without interruption.

  16. Privacy

    1. Cara Luxe Stays collects, uses and discloses personal information about the Guest Party in accordance with the Privacy Policy, including information collected through the Website, the Booking, the Verification Process and communications about the Stay.

    2. The Guest must ensure that each member of the Guest Party whose personal information the Guest provides to Cara Luxe Stays is aware of the Privacy Policy.

  17. Communications

    1. Cara Luxe Stays may send notices and information about a Booking to the email address and mobile number supplied by the Guest, and the Guest must keep those details current until the end of the Stay.

    2. Cara Luxe Stays may send marketing communications to the Guest where permitted by the Spam Act 2003 (Cth), and the Guest may unsubscribe at any time using the link in the communication or by contacting Cara Luxe Stays.

  18. General

    1. These Terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

    2. Cara Luxe Stays may update these Terms by publishing the updated Terms on the Website. The Terms that apply to a Booking are the Terms published at the time the Booking Confirmation is issued.

    3. If any provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary, and the remaining provisions continue in force.

    4. Cara Luxe Stays may assign or novate its rights and obligations under a Booking to another person on notice to the Guest, provided that the Guest's rights under the Booking are not adversely affected.

    5. A failure by a party to exercise a right under these Terms does not operate as a waiver of that right.

    6. These Terms, the House Rules and the Booking Confirmation contain the entire agreement between the parties about the Booking, subject to any right or remedy under the Australian Consumer Law.

    7. Cara Luxe Stays Pty Ltd, ACN 701 248 008, ABN 20 701 248 008, is the operator of the Website and the provider of the accommodation. Contact: hello@caraluxestays.com.au, +61 423 091 147, Regents Park NSW 2143.

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