The Bay Holidays Terms and Conditions

NB: For the new Fair Trading Holiday Rental Code of Conduct (effective 18th December 2020) please go to the bottom of these terms and conditions for a link.

A reservation will become a confirmed reservation upon payment of the required 50% deposit or full amount depending on the arrival date.  This deposit is required to be paid within 2 days of the reservation being made. Full balance must be paid 30 days prior to arrival. Payments can be made by credit card online or direct deposit. Should the deposit not be paid by the due date, your reservation may be cancelled without notice.

Most holiday properties are available from 2.00pm on the day of your arrival with a vacate time of 10.00am on the date of your departure.

Please Note: If you do not check-out by the check-out time (normally 10am) you will be charged a minimum $110 inc GST late checkout fee.

An access key will be available in a lockbox at the holiday property & both the position of the lockbox plus the relevant code will be sent to you via SMS on the day of your arrival.  You will also be sent an email with the lockbox location and instructions 3 days prior to your arrival.

There will be 1 or 2 full sets of keys located inside the property on the kitchen bench or in another prominent place.  PLEASE place the access key back in the lockbox as soon as you have opened the holiday property.  This will assist you should you accidentally lock yourself out.  Naturally we request you let us know if any keys are lost.  These codes are changed after each guest’s departure so we can assure you nobody else will know your access code.

Cancellation Policy

All bookings cancelled prior to 30 days before your arrival date will receive a full refund of any money we are holding. In the event that you cancel your booking within 30 days of your arrival date, you will forfeit 100% of any money paid.

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

Any cancellation made through a booking agent may incur additional fees.

Linen including bed linen, blankets or doonas, pillow, bath towels, bath mats and tea towels are all provided (unless otherwise advised).  In most cases, tea, coffee, sugar, washing powder, dishwashing liquid / dishwasher tablets (if applicable) and minimal toilet paper are also provided to get you started for your stay. Other toiletries and personal care items such as body wash, shampoo etc are generally not supplied so please bring your own.  The property will not be serviced during your stay unless otherwise specified.  This applies to all bookings, even for those longer than one week. If you require a clean and / or linen change during your stay, please make a formal request with our office and we will advise you of the cost involved.

Parties and / or excessive noise will not be tolerated and may lead to immediate cancellation of the reservation with no refund and full loss of security deposit.  Where the Property is a strata or community titled 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 an end of year gathering, function, party or other like gathering is strictly prohibited. We reserve the right to conduct an immediate eviction from the Property by our security contractors or local Police (if required).

Each holiday Property is equipped for a specific number of Guests.  The number of occupants must not exceed the number of registered guests or number of beds, whichever is the lesser. If a property is reported to be overcrowded the guests will be asked to vacate with no refund made.

Bad Books Register and Schoolies or Party Bookings

Bay Realty Services Pty Ltd participate in the Bad Books register and abide by the new NSW Government Holiday Rental Code of Conduct and exclusion register. By accepting this booking you hereby agree that if you or any occupant covered by this booking, including any guests, breach our Terms and Conditions, your name, phone number and email address along with details of the breach/breaches may be disclosed to the property owner and/or other agents participating in the Bad Book register and NSW Fair Trading for the Exclusion Register. We reserve the right to refuse or cancel a booking where a guest may be registered on Bad Books. If you are listed on the NSW Fair Trading Exclusion Register, your holiday booking will be immediately cancelled with no right of reply. Bay Realty Services Pty Ltd also adhere to the Holiday Code of Conduct respecting the local residents of the area. Noise complaints and anti social behaviour will not be tolerated.

Any booking found to be a SCHOOLIES or similar booking will be immediately cancelled and evicted without a refund, whether any other terms and conditions are breached or not.

Vehicles should only be parked in spaces provided with the property. Any additional vehicles must not be parked in any other space and must not be parked on nature strips outside of the property.

All properties under our management are privately owned and are rented on a fully self-contained basis. We act as letting and managing agent for the Property and are required by law to seek and act on the instructions of the Owner of the property. All reservations are made in good faith by the agent however the agent reserves the right to refuse or cancel any booking.  The agent cannot be held liable or responsible should a property be sold or the Landlord of the property decide to cancel bookings for their own use.  If the property is sold or the booking is cancelled by the Landlord this agreement may be cancelled and all monies refunded.  Every reasonable endeavour will be made to offer alternate accommodation should this arise.

At times situations arise of which we have no control, which may include damage to the Property you have booked occurring prior to your stay. We reserve the right to move guests to alternate accommodation (subject to availability) at our discretion or the direct instruction of the holiday property owner. If this is the case, we will notify you as soon as possible and make every reasonable effort to make sure you are satisfied with your new accommodation.

The description of the property and furnishings are occasionally subject to change. Images of the property online or print are to be taken as a general indication of the appearance of the property.  Furnishings may have been replaced or moved. No responsibility or refunds for alleged false or misleading descriptions can be accepted.

The Property may have extra services available such as a broadband internet connection (wired or wireless), Foxtel or Extra TV channel or services such as Netflix.  The operation of such services during your stay is not guaranteed and is subject to service provider coverage. The Guest will not hold the Agent or the Property Owner liable for the availability or disruption of any extra services.

If we believe that these Terms and Conditions may have been or are being breached, a representative from our office and/or our Security Contractors may inspect the property at any time during your stay without notice. If your holiday Property is listed for sale while you are in residence, you agree to allow the Owner or Agent to conduct inspections with prospective purchasers only at mutually convenient times, by appointment.

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.

The Law of NSW governs your use and occupation of the Property during this reservation. All amounts indicated in this section include GST. The Bay Holiday Properties 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 the Agent acting as Letting Agent. The supply is input taxed in accordance with the ATOs GST ruling 2000/20 sections 51 to 61.

Pets are generally not allowed, however, we do have a couple of houses that will allow a dog. Where pets are permitted at a property, they must remain outside.  Any additional cleaning costs will be at the guest’s cost & charged against your credit card or security deposit if applicable.

We cannot accept responsibility for personal possessions left at the property.  Please ensure that you have packed all your possessions before you vacate.  Charges of recovery and return of goods will apply.

In the event of minor faults and/or malfunctions of appliances or inclusions, there is no obligation from the Owner or our office to compensate or discount.

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 or any occupant, supervision of children and others must be ensured at all times.

Cleaning and Garbage
Garbage bins are provided with all properties. Please ensure that all garbage is removed from your Holiday Property and placed in the bins provided. Please refer to the garbage day notice at the holiday property stating the relevant collection day for the specific area. 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.

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

Lost Keys
If keys to the Property are lost the Guest will be responsible for the changing of the locks and the cutting of new sets of keys (2 Guest keys, 2 Owners keys, 1 Agents key, 1 cleaners key, 1 lockbox key if applicable). Likewise the replacement cost of any lost remotes, swipes, tags or fobs will be charged to the Guest. The keys are your responsibility so please take care of them.

Locked Out
Should a Guest lock themselves out of their holiday property during office hours, they may contact our office and we 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 the holiday property.

Mail, Messages and Deliveries
Unfortunately we do not deliver messages and mailbox keys cannot be supplied. If you are expecting mail please have it directed to our Nelson Bay Post Office.

No liability is accepted for any injury, debt, damage, loss, delay, expense or inconvenience caused directly or indirectly by events beyond the control of the Property Owner or Agent. No responsibility is taken for Guests personal property left on or near the premises. It is recommended that Guests take out personal property insurance or adequate travel insurance should any unexpected situations arise before or during your travel period.

The guest is responsible for any damage, breakage or loss arising or caused by them during their stay, including any additional cleaning, removal of excess garbage and repairs or replacement of items in the holiday property. Please respect the Owner’s property and do not move furniture around. A fee may be charged should this occur. If your holiday property is a unit please do not move items from one unit to another. Any inventory items that cannot be immediately located will be charged to you as a replacement.  Any card held on the booking or used to pay for the booking may be used for these excess charges.

By accepting our Terms & Conditions, you authorise the use of your credit card for the charging of:

  • Replacement of lost keys, remote controls or swipe cards.
  • Cleaning charges for properties left unclean (Note: all rubbish should be placed in outside garbage bin, all kitchen items to be cleaned before departure), removal of excess garbage, boxes, bottles etc.
  • Outstanding rental monies and or telephone charges (if applicable)
  • Damages to the property OR common property
  • Any other incidental charges that may be incurred, eg replacement of damaged items in the holiday property.
  • Late departure charges (unless previously arranged) can also apply, with a minimum inconvenience fee of $110.00 will be applied.  Please understand the Cleaners run a tight schedule so are prompt attending to cleans on departure date.
  • Please respect the Owner’s property and do not move furniture around. A fee may be charged should this occur. If your holiday property is a unit please do not move items from one unit to another. Any inventory items that cannot be immediately located will be charged to you as a replacement.  A minimum charge of $110 is applicable should items be moved from one room to another.

PLEASE NOTE:  Any additional charges to your credit card will be itemised & notified to you in writing.  All Credit Card payments incur a 1.5% credit card fee.


We reserve the right to terminate with immediate evictions should Terms and Conditions not be met.

Card Saving Policy & Security Deposits

Your credit card details are recorded up to 14 days after your departure date.  Once the property has been checked for damages, the saved card is  automatically removed from our booking system.

Any claim for extra cleaning or damages charged to your credit card will be itemised including any associated administration costs associated as per our Terms & Conditions and emailed or posted to you accordingly.

A receipt for the claim will also be forwarded to you.

The Bay Holiday Properties reserves the right to add a Security Deposit to any booking at our discretion and at any time prior to check-in. You will be notified in writing of this Security Deposit.  If the Security Deposit is not paid, you will not be given access to the property.  The Security Deposit will be refunded once you have vacated and the property has been checked and cleaned.

Holiday Rental Reforms – New Code of Conduct Effective 18th December 2020

For the new Holiday Rental Code of Conduct Reforms – please click here