Terms and Conditions

TERMS & CONDITIONS

Verve Vacation Rentals (VVR)

– Alloggio Management Pty Ltd – Trova Pty Ltd

Introduction

Reference to “Alloggio Management” in these terms and conditions is a reference to Alloggio Management Pty Ltd ACN 618 814 556; Trova Pty Ltd ACN 620 923 480; Verve Vacation Rentals

Alloggio Management manages short term accommodation bookings at properties as an agent on behalf of the owners or other persons in legal control of those properties (“the Property or Properties”)

These terms and conditions (the “Terms and Conditions”) together with our Privacy

Policy govern the relationship between Alloggio Management and any individual who uses this website or utilises our accommodation services (other than the owners of the Properties), including but not limited to an individual who makes a booking at one of our Properties and each person named or travelling on that booking (each a “Guest” or “you”).

Guests are granted a licence to occupy the Property for the booking dates. Guests are not granted a residential tenancy agreement under any residential tenancy legislation.

These Terms and Conditions constitute a legally binding agreement between Alloggio Management and the Guest. You acknowledge that you agree to and are subject to these Terms and Conditions on behalf of yourself and all persons named or otherwise travelling on your booking.

All properties are registered with the Mornington Peninsula Shire Council Short Stay Rental Accommodation Code of Conduct, which you will find displayed at each property. The Code of Conduct is incorporated into our Terms & Conditions and House Rules and can be viewed in this link. (please note penalties of up to $1000 can be imposed by the Shire Council for failure to follow their Code)

DISCLOSURE

Alloggio Management specifically draws the Guest’s attention to the following:

Alloggio Management Liability

Pursuant to clauses 24 and 27 below of these Terms and Conditions, to the extent permitted by law, Alloggio Management and the owners of the Properties are not liable for any losses or damages caused by or in connection with:

(a) your use of the Property, other than any losses or damages directly caused by Alloggio Management or the owner of the Property and only where such loss was not beyond their control; and

(b) your use of this website of any website linked to or from this website.

Guest Indemnity

Pursuant to clause 24 you agree to indemnify and hold harmless Alloggio Management and the owners of the Properties against any claims, losses, damages, fines, penalties or other costs or expenses of any kind brought by third parties arising out of or in connection with your use of a Property (except to the extent directly caused or contributed to by Alloggio Management or the owner’s of the Property) or any breach of these Terms and Conditions.

Referral / Incentive arrangements

Alloggio Management discloses to the Guest that it may receive, in connection with the Guest’s booking at a Property, incentives, commission payments, referral fees, engineering & digital infrastructure fees, or other financial benefits from time to time from the owners of the Property or from suppliers, referral partners, contractors or other third parties in connection with the Property.

Privacy and Data

In the event that a Guest has breached these Terms and Conditions, clause 6 of these Terms and Conditions permits Alloggio Management to supply data about that Guest to a third party in a form that may enable the third party to identify the Guest.

Code of Conduct for the Short-Term Rental Accommodation Industry

The Mornington Peninsula Shire Council Short Stay Rental Accommodation Code of Conduct for the Short-Term Rental Accommodation Industry (the “Code”) applies to accommodation bookings at the Properties. The Code sets out the rights and obligations of people who participate in short term rental accommodation including Alloggio Management and the Guests.

By making a booking at one of the Properties, you agree to fully comply with your obligations under the Code and to do all things reasonably necessary to assist Alloggio Management and/or the owners of the Properties to comply with their obligations under the Code.

A copy of the Code can be found by clicking on this link.

$1.00 Check-in authorisation

All bookings made may directly or indirectly (example: online travel agents) through Alloggio Management Pty Ltd and or Trova Pty Ltd, a credit card authorisation is required as security during your stay (there is no money held or taken from your credit card except for $1.00 to confirm the transaction ) Please note all guests are required to provide a credit card as part of the Pre Check in process. A $1.00 authorisation will be placed on the card to validate it. This amount will be automatically released three (3) days after check-out (subject to notification of any cleaning or damage costs as a result of your stay). This is a security requirement that has been legislated by the NSW code of conduct for holiday letting.

1. General

Rates for Properties are per room or per dwelling, per night – for the standard number of people per room or per Property. Visitors of the Guests are not permitted in the Properties or rooms or common areas between the hours of 8pm and 8am. Charges will apply for any damage or repair and/or replacement of all or excessive cleaning. Alloggio Management reserves the right to relocate any booking to a hotel or dwelling of same standard. All bookings are subject to availability. You must be at least 18 years of age to book hotels or Properties on our website. Alloggio Management does not accept liability for any errors or omissions on our website. We make every effort to ensure all information is accurate, Guests agree that all information given by them for the booking is true and correct. Credit card details must be the same as the Guest booking the accommodation. Any alterations and/or extensions to bookings are subject to availability.

All our Properties are fully non-smoking properties, this includes the hotel rooms, houses, apartments, car parks, gardens, all balconies and all common areas. False activation of the fire alarm will incur a $1,950.00 fee, the current NSW Fire Brigade call out charge and 3rd party administration fee all of which must be paid by the Guest.

We accept normal wear and tear on the accommodation, if however, there are damages due to, but not limited to, (or excess cleaning required), cigarette burns and marks, damage and stains to soft furnishings, broken crockery and glass or damage by Guests etc. we reserve the right to deduct the costs of these from the credit card account holder of the Guest should this be necessary.

PLEASE NOTE: WE HAVE A VERY STRICT NO PARTY POLICY WHICH ALSO INCLUDES

VISITORS OF GUESTS. Our local residents and landlords are very sensitive to disturbances of any kind there for disturbance will not be accepted – this includes conversing late into the night on the balconies. Guests must respect the peaceful nature of the location. Breach of these conditions may result in immediate cancellation of the booking. All bookings are subject to an approval process. We DO NOT ACCEPT SCHOOLIES OR BOOKINGS FOR ANY PARTIES OR WEDDINGS.

2. Payment Information

For all bookings, 20% of the tariff plus administration fee, is required as a deposit to confirm the booking and is payable at the time of the booking. Balance of all outstanding monies is due thirty one (31) days prior to your arrival, with the exception of Christmas bookings (from Boxing Day to end of NSW public school holidays), where the balance is due on or before 1st November.

For direct bookings with Alloggio Management the credit card used to pay your deposit will be saved (via a licensed e-merchant provider) and used to process any balance payment owing on the date that this balance is due. You will receive a reminder email seven days prior to your card being charged. This saved card is also used as security during your stay (there is no money held or taken from the card and we would contact you if there were any damage or excess cleaning charges resulting from your stay). Please note there is a transaction fee on all credit card transactions.

As part of your booking, you accept the responsibility of:

a) ensuring the dwelling keys are secure and returned to relevant Alloggio Management office. In the case that you lose the Property keys you are liable for their replacement and the replacement of the Property locks.

b) Further charges for excess cleaning, garbage removal, damage within the Property and its lands. The charges relating to points a) and b) will be taken from the credit card that secured your booking or by a credit card that you may provide.

3. Check in Times and Key Collection

Check in is from 2pm on the day of your arrival and checkout is at 10am on the date of your departure.

Please also ensure that your keys are returned to the same location by 10am on the day of your departure.If you are arriving outside of office hours, YOU MUST LET US KNOW, alternate arrangements can be advised which may incur and additional key collection fee.

Please also advise if you need any changes to the entertainment systems, televisions, pool or spa settings and we will endeavour to arrange for these with the Property Manager. Please do not make any changes yourself as this may damage the equipment (which may incur a cost to you).

Late departures will incur a $75.00 fee.

4. Cancellations

If you cancel your accommodation the following applies -:

(a) Bookings made direct that are within 14 days prior to day of arrival date are non refundable.

(b) Bookings cancelled at least 90 days prior to the Guest’s arrival date is refundable less a cancellation fee of $110.00.

i) if a Guest has booked direct with Alloggio Management, and requested a refund for a booking arrival date inside 90 days and up to 14 days prior to the day of arrival , we do not refund but can transfer booking dates or if Guests are uncertain of dates we will provide them with an Alloggio Holiday gift voucher to the value of their “Rent” component of the booking.

ii) our fees will be retained however when the Guest does utilise the gift voucher the value of rent will be towards whatever the cost of their new booking value is. There will be no booking fees charged on gift voucher bookings as we have already retained the fees.

iii) The voucher will be valid for booking stay dates within three years from date of issue and may be used on any of our Properties depending on availability.

If you shorten your stay, the unused portion of your rental is not refundable.

(d) Any bookings made via an online travel agency, for example, Stayz, Booking.com, Airbnb or any other booking provider will be subject to that other provider’s terms and conditions in addition to these Terms and Conditions as applicable. If you cancel any booking made through Stayz, Booking.com, Airbnb or any other booking provider you may be required to pay further fees to those providers pursuant to their cancellation policy.

(e) Any costs imposed by any other provider are in addition to any costs imposed by Alloggio Management.

(f) Please be aware, from time to time, bookings made via an online travel agency, may appear to be confirmed by the online travel agency however are not confirmed with alloggio management due to the online travel agencies inconsistent syncionisation with a channel manager, in this case you – the guest will have to communicate directly with the online travel agency to seek further accommodation. Alloggio Management will endeavour to aid however alloggio management cannot step inbetween you-the guest and the online travel agent. You will need to find alternative accommodation.

5. Code of Conduct for the Short-Term Rental Accommodation Industry

You confirm that prior to making a booking at any of our Properties you have read and understand the Code.

You agree to fully comply with your obligations under the Code, which include but are not limited to the following:

• You must not make noise that unreasonably disrupts your neighbours;

• You must not cause damage to the Properties, including any common property in a strata scheme or association property in a community scheme; and

• You are responsible for the actions of your visitors and must ensure they comply with the behaviour standards set out in the Code.

As far as reasonably practicable and in connection with your booking at a Property, you agree to comply with any direction issued by the Council to us and/or in relation to the Property that we have made you aware of.

6. Bad Books Register and Schoolies or “Party” Bookings

Alloggio Management participates in bad books registers. (in addition to the Register established under the Code). By accepting this booking you hereby agree that if you or any occupant covered by this booking, including any Guests, breach these Terms and Conditions, your Name, Phone Number and Email address along with details of the breach/breaches may be registered and disclosed with any bad guests registers and/or disclosed to the owner of the Property and/or any other agents or persons participating in any bad books register .

Alloggio Management reserves the right to refuse or cancel a booking where a Guest may be registered on a bad books register.

In addition to the Code, Alloggio Management adheres to the Holiday Rental Code of Conduct which sets out obligations concerning the local residents of the area. You agree to comply with the Holiday Rental Code of Conduct.

The Holiday Rental Code of Conduct and our policy requires a maximum number of adults in a particular dwelling to help reduce noise complaints, excess cars and disruption to the neighbouring properties. If a property accommodates more than eight people, then the remaining Guest numbers must be for children.

Any Guest found to be hosting a party or over-crowding the Property will be immediately evicted without refund.

Any booking found to be a “schoolies” booking may be immediately cancelled and evicted without a refund, whether any other terms and conditions are breached or not.

7. Linen

Bed linen and bath towelling are provided in almost all Properties (unless specifically excluded in the Property listing). Toiletries are not provided so please bring your

own. Blankets and/or doonas and pillows are supplied in all Properties. Tea, coffee, sugar, washing powders, soap, shampoo, toilet paper, tea towels and other items are generally not supplied in Properties.

8. Use of the Property & Eviction

The Property is a residential dwelling within local communities. The Property is to be used strictly as a holiday dwelling by the Guests and the number of occupants must not exceed the maximum set by Alloggio Management. Where the Property is a strata or community title property all occupants must abide by the building rules and by-laws. 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, party or other like gathering is strictly prohibited. If you use the Property for a function, party or other like gathering:

(a) Your stay at the Property will be terminated;

(b) All Guests and other occupants of the Property will be removed from it by our Security Contractors and/or local Police (if required);

(c) All monies paid will be forfeited. In addition, the Guest agrees to pay for the cost of the Security Contractors, Police noise abatement orders and noise pollution fines imposed by Council.

9. Number of occupants and vehicles

Each holiday Property is equipped for a specific number of Guests. No additional mattresses, tents or caravans, or more cars than the Property accommodates are allowed. If a Property is reported to be overcrowded the tenants will be asked to vacate with no refund made. If required, we can arrange cots for young children at an additional charge.

Parking of vehicles should only be parked in spaces provided with the Property. Any additional vehicles MUST NOT be parked in any other space or parked on nature strips outside of the Property.

10. All Properties Privately Owned

The agreement to rent a Property is between the owner of the Property and the Guest. Alloggio Management is a licensed real estate agency acting as the owner’s agent. All Properties under Alloggio Management are privately owned and are rented on a fully self- contained, un-serviced basis. In most cases the owner of the Property also uses the Property. As a licensed letting and managing Agent for the Property, Alloggio Management are required by law to seek and act on the instructions of the owner of the Property, even if Alloggio Management may disagree with those instructions (provided those instructions are lawful).

11. Property Description

Alloggio Management describe the premises, position and furnishings to the best of their ability and in good faith. Images of the Property in any brochure or on any website are to be taken as a general indication of the appearance of the Property, for example it is possible that furniture has been replaced or moved. No responsibility or refunds for minor or non- material differences will be accepted. In the event of minor faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner or Alloggio Management Pty Ltd to compensate or discount.

12. Property Tariffs

Please note that every effort has been made to maintain accuracy of the property tariffs, however Alloggio Management reserves the right to correct changes and adjust prices from time to time as errors may occur without notice. You will be advised of any adjustments to prices as soon as practicable. Rules may also apply at different times that dictate the minimum number of days for a particular rate to apply, or that require arrival on a particular day of the week with weekly bookings etc.

13. Internet Connection, TV Reception and Foxtel

The operation of any internet connection during your stay is not guaranteed and may be disrupted or unavailable. The Guest will not hold Alloggio Management or the owner liable for the availability or disruption in any internet connection. TV and Foxtel reception in parts of Port Stephens and/or Newcastle can be unreliable in times of high wind or storm. Depending on the location of the Property there may be low signal strength. The Guest will not hold Alloggio Management or the Property owner liable for any disruption internet, TV or Foxtel reception.

If Foxtel is provided at the Property, the extent of available channels will vary from Property to Property depending on the account the owner of the Property has set up with Foxtel. The Guest will not hold Alloggio Management or the owner liable for any channels that are unavailable.

14. Gym Equipment, Pools and Spas

Use of gymnasium equipment in the Property (if any) by the Guest or any occupant occurs solely at the risk of the person using that equipment. Children must be prevented from using any gym equipment. Use of the swimming pool and/or spa (if any) by the Guest occurs or any occupant must ensure the supervision of children and others.

15. Inspections & Repairs

If Alloggio Management believes that these Terms and Conditions may have been or are being breached, Alloggio Management and/or our Security Contractors may inspect the Property at any time during your stay without notice. Alloggio Management may also affect entry to carry out emergency repairs without notice. At all other times during your stay Alloggio Management will provide 24 hours’ notice of any inspection that may be required for maintenance or other management reasons.

16. Pets

Pets are welcomed in specific Properties only. Owners that do not want pets in their Property, or where strata and community title by-laws ban pets, may require the termination of your stay without compensation if you arrive with a Pet and do not remove it from the Property. Any additional cleaning costs will be charged or deducted from the security deposit.

Some of our properties will accept PETS, subject to written permission PRIOR to your arrival. Pets are NOT allowed at the Property unless we have agreed with you otherwise in writing. There is a $1,000 penalty if pets are brought to the Property without prior permission.

If you have written approval from the Verve Vacation Rental (VVR) team to bring your pet, this communication will also state whether your pet is allowed inside the house. Bringing your pet comes with some added responsibilities including;

– All pets are prohibited from swimming pools and spas
– All pets are strictly to remain outdoors at ALL times throughout the day and will be allowed in
the laundry only at night or in poor weather, throughout your stay
– ALL pet poops must be picked up & disposed of (if using the usual household garbage for disposal, please seal in plastic bags)
– Please keep noise levels, ie barking, to a minimum so as not to disturb neighbours
– Any property damage (including yard/gardens) caused by your pet is your responsibility and
may result in extra payment being deducted from your security bond. This includes digging etc
– VVR has the right to request you remove the pet from the property at any time
– VVR accepts no responsibility for pets that escape and are lost from the property

Any damages or extra cleaning will be charged to the client

17. Cleaning and Garbage

Garbage bins are provided with all Properties. Please ensure that all garbage is removed from your Property and placed in bins provided. Please read the sign in your Property for garbage collection day. You are required to place the bin on the kerbside for collection with the handle facing the Property. Any excess garbage can be taken to the Port Stephens Waste Transfer Centre, Soldiers Point Road, Salamander Bay or such other waste facility notified by us to the Guest. If you leave excess garbage in the Property or on its land you will be required to pay additional cleaning and garbage fees. These fees will be taken from your credit card you provided when booking the Property.

18. Security and Break Ins

All Guests are responsible for keeping the Property secure during their stay and will be responsible for any theft or damage to the Property due to neglect in this area. It is important to ensure all windows and doors are closed and locked prior to departing the Property.

19. Incidental Damage fee

The non-refundable Incidental Damage Fee protects you from being charged for accidental property damage that may occur during your occupancy. Cover is up to the value of $1000. Incidental Damage fee does not cover damage or loss that is not disclosed, you must notify us if you cause any damage. Prior to, or immediately upon, vacating the property, you must inform our team if there have been any incidents of loss or damage that have occurred during your occupancy.

Incidental Damage fee does not replace or negate your responsibility for all members of your party as the primary Guest. It does not replace a Bond that may be charged as well as the Bond Protection Waiver (this will on home by home bases and set by the individual owner) It does not cover any act of intentional or negligent destruction, pet damage, re-keying, property damage resulting from motorised vehicle or watercraft use, additional cleaning if the home is left excessively dirty or damage resultant from negligence or carelessness. The guest pays the incidental damage fee of 3.41% of the gross booking value at the time of the reservation.

20. Security Deposit (Bond) + administration fee

A number of our holiday homes require security deposits (Bond) this amount plus an administration of $11.00 is payable plus credit card charges of 1.9%

21. Optional Linen Hire and Bed makes

For some of our Properties the guests are required to bring their own sheets and towels and making of the beds. Alloggio Management do offer a linen hire and bedmaking service for these Properties. This service is charged per bed. Guests can choose to have all beds made or just the few they wish to use. Beds will be made with hotel quality linen prior to arrival and the linen service includes; sheets and pillowcases, bath towels, hand towels and bathmats. The linen service does not include beach towels. Linen service is not available last minute so you must book and pay two (2) pay prior to arrival day, failure to comply will result in linen not been available.

Prices for linen, towels, bed makes, and transportation vary for each location. A price list is available on request (inclusive of supply & delivery.

22. Discounts

In the event of minor faults and/or malfunctions of appliances or inclusions, there is no obligation from the owner of the Property or Alloggio Management to compensate or discount.

23. Moving Your Booking to Another Property

At times situations arise beyond our or your control which may require relocating you to another Property (eg: storm damage, essential services failures etc). Alloggio Management reserves the right to move guests to alternate accommodation (subject to availability) at our discretion or the direct instruction of the owner of the Property. If this is the case, we will notify you as soon as possible and make every reasonable effort to provide similar accommodation. We cannot guarantee accommodation and, should an alternative not be found, you will be refunded in full, and you agree to accept this as final resolution.

24. Indemnity

To the extent permitted by law, Alloggio Management and the owner’s of the Properties are not liable for any injury, debt, damage, loss, delay, expense or inconvenience arising out of or in connection with a booking at the Property or your use of this website caused directly or indirectly by events beyond Alloggio Management’s or the owner of the Property’s control. No responsibility is taken for Guests personal property left on or near the Property. It is strongly recommended that Guests take out personal property insurance or adequate travel insurance should any unexpected situations arise before or during your travel period.

You agree to indemnify and hold harmless Alloggio Management and the owners of the Properties against any claims, losses, damages, fines, penalties, legal costs or other costs or expenses of any kind, brought by third parties arising out of or in connection with your use of the Property (except to the extent directly caused or contributed to by Alloggio Management or the owner’s of the Property) or any breach of these Terms and Conditions.

25. Damage and Breakages

All Guests are responsible for any loss or damage arising from accidental breakages or other damage to the Property or common areas during their stay, including any additional cleaning, removal of excess garbage, repairs or replacement of items in the Property. Please respect the Property and any items within the property and do not move furniture around. A fee may be charged should this occur. If your Property is a unit please do not move items from Property to Property, any inventory items that cannot be immediately identified will be charged as a replacement to you.

26. Claims on Security Deposit

In the event a claim from the security deposit/bond or additional charges are made an administration charge of $75 will also be payable to Alloggio Management.

27. Liability

To the extent permitted by law, Alloggio Management is not liable for any losses or damages caused by this website or any website linked to or from this website. We reserve the right to refuse any order without giving a reason. Upon cancellation of an order, we will make all reasonable attempts to contact you using the details provided. Subject to these Terms and Conditions, following cancellation of an order all received monies will be refunded using the method received.

28. Wildlife

The Properties are cleaned regularly, however, wildlife is common in coastal areas. Alloggio Management. and/or the owners of the Properties do not accept liability nor will any compensation be offered for unfortunate visits of any wildlife including, but not limited to, rodents, insects, cockroaches, kangaroos, magpies, snakes, etc.

29. Lost Keys

If keys containing the Property address are lost the Guest will be responsible for the changing of the locks and the cutting of 6 new sets of keys. Likewise, the replacement cost of any lost remotes, tags or fobs will be charged to the Guest. The keys are your responsibility so please take care of them.

30. Lock Outs

Should a Guest lock themselves out of their Property during office hours, they may contact Alloggio Management who will make every reasonable endeavour to provide spare keys at no cost. Should a guest lock themselves out of the Property outside business hours, a locksmith service will be engaged to affect entry. The Guest will be liable for any and all locksmith costs involved in gaining entry to Property.

31. Lost Property

If requested, we will endeavour to recover and return items of value inadvertently left at the Property but take absolutely no responsibility for their recovery or return. Postage, packaging and the cost of sending out a staff member to search for the item will need to be paid in advance; a minimum cost of $30.00 applies. Items found and delivered to us by the Property cleaners will be held for claiming for a maximum of 2 weeks and if not claimed will be disposed of.

32. Property Refurbishment

In the case of refurbishment or Owner’s instructions, tariff rates may be subject to increase without notice. Should this occur you will be notified and given the opportunity to pay the difference in tariff or receive a full refund of your deposit. We will also offer you alternate accommodation if possible. We cannot guarantee accommodation and, should an alternative not be found, you will be refunded in full, and you agree to accept this as final resolution.

33. Unnecessary Call Outs

Should a tradesperson be sent out upon your request to carry out a repair that was unnecessary, the cost of the callout will be charged to you. Common examples include not correctly operating televisions, ovens and washing machines.

34. Sale of the Property

When a booking is made, the deposit is accepted on behalf of the Owner of the Property at that time. If the Property is sold and the ownership changes before the commencement of your booking, we cannot guarantee that the Property will remain available. Some owners will keep the Property as a holiday rental, in which case your booking may not be affected. However, if the owner decides to move into the Property or not rent the Property it will no longer be available. If the Property is sold, we will notify you as soon as practicable. We will do our best to organise alternative accommodation. If you choose to cancel altogether there are no cancellation fees and any payments, you have made will be returned in full.

If your holiday Property is listed for sale while you are in residence, you agree to allow the owner or Alloggio Management or any other agent acting on behalf of the Owner to conduct inspections with prospective purchasers only at mutually convenient times, by appointment.

35. Governing Law & GST

The Law of VIC governs your use and occupation of the Property during this reservation. All amounts indicated in this section include GST. Alloggio Management acts as the agent for the Owner, and as such no GST is charged in relation to the supply of accommodation.

Accommodation services are provided for and on behalf of the owner of the Property as residential accommodation with Alloggio Management acting as Letting Agent. The supply is input taxed in accordance with the ATO’s GST ruling 2000/20 sections 51 to 61.

36. Third Party Websites

If you have booked through a third-party website the terms and conditions prescribed on that booking channel will override the conditions set out above.

37. Disclaimer:

Alloggio Management has endeavoured to maintain the accuracy of the content of this site, however from time to time aspects may be out of date. Certain information is provided by property owners and Strata Managers and for that we accept no responsibility for its accuracy. Alloggio Management and its representatives make no warranty express or implied including, but not limited to, the warranties or merchantability, specifically disclaims any other warranties, guarantees or promises, whether or not stated in full in this document

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