Terms & Conditions
Terms & Conditions
As of 1 July 2024
These Terms and Conditions bind all Guest(s) and other occupants of or visitors to the Property during a reservation.
AGENCY
Niche Holidays Noosa act as the Agent of the Owner of the Property and accept reservations in that capacity in accordance with these Terms and Conditions. Niche Holidays Noosa is not responsible for any misdescription of the Property or changes to the Property that differ from representations (including the tariff payable).
1. Deposit & Payment Policy: To secure a property for exclusive use, guests must pay a deposit or the full balance at the time of booking. All payments made to secure a booking are non-refundable.
Bookings made more than 60 days before arrival require a deposit equal to one night’s tariff plus a $100 booking fee. The remaining balance, including the cleaning fee, is due 60 days before arrival.
Bookings made within 60 days of arrival require full payment at the time of booking.
Failure to make payments by the due dates may result in cancellation of the reservation and all funds forfeited.
2. Booking Amendments: All amendment requests must be submitted in writing. Amendments are only allowed more than 60 days before arrival and must be for the same property. Each booking may be amended once; additional requests will be treated as cancellations.
New dates must be within 12 months of the amendment request and are subject to availability at the same property. Amendments within 60 days of arrival are not permitted—bookings during this period must be honoured or cancelled.
3. Cancellations: All cancellations must be submitted in writing.
Bookings are non-refundable.
Cancellations more than 60 days before arrival: Deposits and booking fee will not be refunded.
Cancellations within 60 days of arrival: All payments are forfeited.
Niche Holidays Noosa will attempt to rebook the cancelled dates on behalf of the guest. If the cancelled dates are rebooked, a portion of the funds (excluding booking, cancelation fees and the initial deposit) may be refunded based on the number of nights rebooked and the rate at which they are resold. If rebooking is unsuccessful, all funds are retained.
4. Online Bookings: If you book through an online booking process, Niche Holidays Noosa is not responsible for any incorrect information; if you book the wrong property or if the property is double booked. You accept full responsibility when booking through this facility. Neither Niche Holidays Noosa nor the Owner are responsible if the Property is unavailable or is double booked. Your booking will not be confirmed until you comply with Clause 1 of these Terms and Conditions.
5. Property Expectations: Each property is priced individually based upon the particular features of the Property. The Property may alter without notice. Neither Niche Holidays Noosa nor the Owner are responsible for photography on websites. Niche Holidays Noosa will use its best endeavours to find you a suitable property but no responsibility will be taken by Niche Holidays Noosa or the Owner if you find the Property to be unsuitable for your requirements. No refund or rebate will be considered if you find the holiday property unsuitable or does not meet your expectations.
6. Insurance: Niche Holidays Noosa recommends that you insure against loss of monies paid, cancellation charges, medical expenses, loss of personal belongings and any other foreseeable loss or expense. Travel insurance is offered by a multitude of companies.
7. Credit Cards: Credit Card is required at the time of booking. The Guest(s) authorises Niche Holidays Noosa to debit any outstanding balance tariff, additional tariff, lock and weir access key charge or other additional charges (such as cleaning) or any costs and expenses incurred pursuant to these Terms and Conditions, to the credit card provided by you. No more than one (1) credit card will be accepted for any payment. We accept VISA, MasterCard and AMEX and we do not charge CC fees.
8. Email Communication: By entering your email address for booking purposes, you consent to Niche Holidays Noosa sending you marketing communications. These may include information about your reservation, special offers, promotions, and updates related to our services. You may opt out of receiving these communications at any time by following the unsubscribe instructions provided in each message or by contacting us directly.
9. Check-in: Check-in is required from 3.00pm on the Arrival Date. Early check-in is not available. The named Guest(s) must be present upon check-in to collect keys. The named Guest(s) must be present during the entire reservation.
All bookings must be made by a person over 21 years of age. At check-in, proof of age may be requested.
Niche Holidays Noosa reserves the right to refuse any booking that it feels may be inappropriate or that falls across the period of Schoolies Weeks.
10. Keys: Two (2) sets of keys to the Property will be collected from and returned to, Niche Holidays Noosa upon check-in and check-out. Any key(s), remote control or alarm device that is lost or damaged will be replaced or repaired at your cost. This may include the cost of changing locks or having additional keys cut. Keys will not be provided if a balance of tariff has not been paid.
11. Late Arrivals, After-hours Calls & Emergencies
(a) Late Arrivals: Niche Holidays Noosa office hours are 8:00am to 5:00pm each day, except Christmas Day (closed). If you anticipate arriving outside of office hours, please contact us on (07) 5448 0966 to make alternative check-in arrangements. Property keys can be left for you in our key safe and the code will be provided by our reservation team prior to your arrival.
(b) After Hours Call Centre & Emergencies: For emergencies after-hours, please call us on (07) 5448 0966. We will be able to assist guests with most urgent matters arising outside our office hours (8:00am to 5:00pm each day, except Christmas Day as we are closed). A call-out fee of $150.00 may be charged to the guest in some instances such as lost keys, lockouts or attendance is required where there is a breach of our Terms & Conditions. If a contractor is called out for a non-emergency after hours, a call-out fee may be charged. If the call is about a life-threatening situation please ring 000, or if the call is to lodge a noise complaint please ring 131 444.
12. Check-out: Check-out time is no later than 10am on the Departure Date. Upon check-out, the named Guest(s) must return keys to Niche Holidays Noosa office. If the keys are not returned by 10am on the Departure Date, you will be charged an additional $150/hr or portion thereof. Late check-out is only permitted if pre-arranged and agreed.
13. Personal Belongings: You are responsible to ensure that all personal belongings are removed from the Property at the end of this reservation. Niche Holidays Noosa will use its best endeavours to locate items reported as being left in the Property for a period of one month after departure date. The cost for return of lost property will be the cost of postage plus a $25 handling fee which will be debited to your credit card, any items found will be returned to the Guest at the booking address at the Guest’s expense
14. Future Reservations: Reservations are not automatically rebooked. If you wish to rebook the Property for another reservation we ADVISE you MUST request that reservation before your check-out date. WE CANNOT guarantee YOUR requested booking period will be available. Usual reservation arrangements will apply.
15. Unforseen Property Changes: The booking of your reservation is made in good faith but may be subject to change. Niche is not responsible for actions beyond their control such as, if the property is sold or withdrawn from the holiday letting with Niche Holidays Noosa for any reason, the property is altered in any way, or the owner wants the property for their own use or any other reason. If the property becomes unavailable for any reason and the booking is cancelled by the agent, Niche Holidays Noosa may try to relocate you to an alternative property or provide a refund of the deposit paid. Guest(s) may be charged an additional tariff in respect of that alternative property.
16. Building And/ Or Renovations: Our properties are located in suburban locations where building or renovation work may be occurring to other properties within the vicinity of the Property. Neither Niche Holidays Noosa nor the Owner are responsible for any noise from neighbouring properties caused by building or renovation work, however, they will attempt to advise of potential disturbances as they are made aware. No refund or reduction of tariff will be offered for noise from building or renovation work on neighbouring properties if the Council Guidelines are not breached – Monday to Saturday 6.30am to 6.30pm. Video and sound recording evidence needs to be provided from within the property, time dated, depicting the level of disturbance for any compensation consideration. Niche Holidays Noosa may try to relocate you to an alternative property. Guest(s) may be charged an additional tariff in respect of that alternative property.
17. By-laws & Local Laws
(a) Body Corporate By-laws: All occupants of or visitors to the Property MUST comply with any Body Corporate by-laws and rules applicable to the Property or which regulate the behaviour of occupants of or visitors to the Property. Occupants of and visitors to the Property will not create (or allow to be created) any noise or other nuisance, within or emanating from the Property. Failure to comply with Body Corporate by-laws or rules or the creation of noise or other nuisance in or from the Property may result in the termination of the reservation of the Property and removal of the Guest(s) and other occupants from the Property. Body Corporate management of the Property may be separate to Niche Holidays Noosa. Niche Holidays Noosa are not responsible for contractors organised by Body Corporate or onsite managers.
(b) Noosa Council Noise Local Laws: Noosa Council (‘Council’) has enacted the Short Stay Letting and Home Hosted Accommodation Local Law (‘Local Law’). The Local Law imposes a Code of Conduct(‘Code’). The Guest(s) are responsible for ensuring their behaviour complies with the Code and any anti-social or unacceptable behaviour contrary to the Code may be reported to Council and result in the reservation being terminated. Refer to Clause (m) of Local Law:
(i) each vehicle used by an occupant of the premises must—
1. be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and
2. be parked within the parking facilities at the premises;
(ii) each occupant of the premises who enters, uses or occupies the premises, including any outdoor area of the premises, for example, an outdoor entertainment area, deck, balcony, swimming pool or spa, must not—
1. detrimentally affect the residential amenity (including but not limited to noise, overlooking or light spill) enjoyed by residents adjoining, or in the vicinity of, the premises; or
2. cause a nuisance (including a noise nuisance); or
3. display unacceptable behaviour, for example— loud aggressive behaviour; yelling, screaming, arguing; excessively loud cheering, clapping or singing; or create a level of noise which is in excess of the acceptable levels described by Queensland Government legislation for environmental protection (noise);
(iii) an occupant of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility;
(iv) pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance);
(v) each occupant of the premises must store general waste (including the separation of recyclable waste) produced as a result of the ordinary use or occupation of the premises in a waste container;
(vi) each occupant of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition.
The Guest(s) indemnify the Owner of the Property and Niche Holidays Noosa for any finding by Council of a breach of the Local Law and will be liable to reimburse the Owner for any loss resulting from action taken by Council in response to the breach (including, but not limited to, a compliance notice, fine or de-listing of the Property).
18. Governing law: The law of Queensland governs your use and occupation of the Property during this reservation. You agree to submit to the exclusive jurisdiction of the Courts of Queensland.
19. Party Policy, Liability & Eviction Notices: The Property is a residential dwelling within the Noosa community. The Property is to be used strictly as a residential dwelling for residential purposes by the Guest(s) and the number of occupants nominated on the Guest Registration Form. 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, a party, a wedding or other gathering of more than the nominated number of occupants is STRICTLY PROHIBITED. If you use the Property for a function, a party, a wedding or other gathering of more than the nominated number of occupants or other than as a residential dwelling for residential purposes:-
(a) your reservation of the Property will be terminated;
(b) the Guest(s) and other occupants of the Property will be removed from the Property;
(c) the Guest(s) agrees to pay an additional tariff of $4,400 (incl GST) and authorise Niche Holidays Noosa to debit that additional tariff to the credit card provided.
Excessive noise is not permitted. A security company will investigate complaints of excessive noise or anti-social behaviour. This will incur a call-out charge payable by the Guest(s) which will be debited from your credit card. After one warning for excessive noise or anti-social behaviour or disturbance complaints by neighbours, the reservation will be terminated, Guest(s) will be evicted from the premises and you agree that the tariff applicable to the balance of this reservation will be forfeited to the Owner of the Property.
The Guest(s) is responsible and liable to reimburse the Owner of the Property for any damage to the Property, damage to or breakage of chattels or fixtures and fittings in the Property or any other loss suffered by the Owner as a consequence of the use or occupation of the Property during this reservation. Neither Niche Holidays Noosa nor the Owner of the Property are liable for any damage to or loss of property of or injury to a Guest(s) or other occupant, visitor or entrant to the Property. Niche Holidays Noosa will use its best endeavours to arrange for the repair or replacement of any part of the Property that fails or misfunctions during this reservation. Neither Niche Holidays Noosa nor the Owner of the Property are liable for any such failure or misfunction. Neither Niche Holidays Noosa nor the Owner are obliged to offer any form of refund or compensation to the guest for any such failure or misfunction.
20. Inspections: If Niche Holidays Noosa believes that these Terms and Conditions have been or are being breached, Niche Holidays Noosa may inspect the Property at any time during this reservation, upon demand and without notice. Niche Holidays Noosa may inspect the Property at all other times during this reservation upon 24 hours verbal notice. Failure to provide access to the Property may result in the termination of this reservation of the Property and removal of the Guest(s) and other occupants from the Property.
21. Equipment use: Use of equipment in the Property (e.g. gymnasium, surf and SUP boards, surf ski, wind surfing and other like equipment) by the Guests or occupants of or visitors to the Property, occurs at the risk of the person using that equipment. Neither the Owner of the Property nor Niche Holidays Noosa is responsible for or liable in respect of, any injury to the person or damage to the Property, resulting from that use.
22. Licence not a tenancy: This is not a Residential Tenancy Agreement under relevant Residential Tenancy legislation. Failure to comply with any of these Terms and Conditions may result in immediate termination of this reservation and eviction from the Property. Refunds will not be provided upon termination or eviction.
23. Pet friendly homes: A small selection of Niche Holidays Noosa properties will accept pets. These properties are advertised on Niche Holidays Noosa website. Pets can only be brought to any properties with the express permission of Niche Holidays Noosa. Guests must advise in writing if they wish to bring pet/s to the Property during this reservation. That written advice must state the number and type of pet that will occupy the Property during this reservation. Guest(s) confirm that you accept that the tariff includes a premium to cover the anticipated cost of a pest spray and carpet/upholstery clean. Any damage/maintenance/cleaning/ replacement of items that are required due to the pet/s occupying the Property, will be charges to the Guest(s) credit card. Guest(s) must ensure all poop is collected and disposed of regularly during the reservation and before check-out.
(a) Animals and birds
No animals or birds will be brought to or kept at the Property. The cost of any cleaning or treatment required as a result of animals or birds being brought to or kept at the Property will be charged to the credit card that you have provided. A reservation may be terminated and Guest(s) may be removed from the Property if this part of the Terms and Conditions is breached. Where pets are found to be at the property or were at the property during the stay without proper consent from the agent a charge to the guest security deposit credit card of 2 nights rent equivalent plus $400 cost to treat and clean property will be made.
A selection of properties require a pre-authorisation amount of $100 per night which will be held as a bond. This amount is used if there are additional cleaning fees or damages caused to the property. These funds will be returned to your account within 10 days. If any delays beyond 10 days, you will need to contact your bank for funds to be released.
(b) Wildlife
Queensland Climate and Wildlife: Given Queensland’s distinctive climate, marked by high humidity, frequent rainfall, and elevated temperatures, our vacation rental properties may encounter unforeseeable weather events. It is not unusual for wildlife to seek refuge on the premises during adverse conditions. We want to emphasise that these climatic incidents and wildlife-seeking behaviours are beyond our control and challenging to accurately predict. Users are encouraged to familiarise themselves with the region’s climatic patterns and the potential presence of wildlife or insects, recognising that these elements contribute to Queensland’s natural environment. While we aim to provide comfortable accommodations, we cannot be held accountable for the inherent unpredictability of weather and wildlife behaviours in the area. We appreciate your cooperation and understanding for a safe and enjoyable stay.
26. Car parking: Some properties do not provide car parking. If car parking is provided you must only use the car parking space(s) allocated to the Property and not interfere with the use of common property by others. It is your responsibility to ensure that your vehicle fits within the car parking space allocated. Niche Holidays Noosa is not responsible for vehicles that don’t fit within allocated spaces.
27. Cleaning and Linen: Upon arrival, the property will be prepared with made-up beds (excluding sofa beds and trundles), and linen will be provided. Sofa beds & trundles will need to be requested at the time of booking. The number of bath towels and beach towels supplied will align with the property’s sleeping capacity. If you require additional linen, towels, or services, please notify us before check-in, as these can be arranged at an additional cost. Mid-stay cleaning is included for stays of eight (8) nights or more at some properties, and for ten (10) nights or more at others, as organised by Niche Holidays Noosa. If you refuse entry for a scheduled mid-stay clean, the service will not be re-booked. If there are personal belongings on the beds, the bedding will not be refreshed. The property is strictly smoke-free and must remain clean, tidy, and free of litter (including cigarette butts). At the end of your stay, please ensure the following:
(a) Rubbish: All rubbish is to be removed from the property and placed in outdoor bins.
(b) Security: All windows and doors must be closed and locked.
(c) Furniture: Furniture and decorative items should be returned to their original positions.
Additional charges may apply if extra cleaning, odour removal (e.g., from smoking or vaping), or repairs are required to restore the property to its original condition. These costs will be charged to the credit card provided at booking. While Niche Holidays Noosa makes every effort to ensure windows, doors, louvres, balconies, pools, and spas are clean upon your arrival, neither Niche Holidays Noosa nor the property owner can be held responsible for weather-related conditions affecting these areas before check-in.
28. Bed Configuration Amendments: For properties that offer the option to adjust bedding configurations, guests may request changes at the time of booking or up to one week before check-in. Any adjustment requests made later than 7 days prior to check-in will incur a fee of $55 due to increased operational costs.
29. Internet connection: The Property may have a broadband internet connection (wired or wireless). The operation of any internet connection during this reservation is not guaranteed and may be disrupted or unavailable. The cost of using any internet connection is not included in the tariff. Neither the Owner of the Property or Niche Holidays Noosa Accommodation is responsible for or liable in respect of the availability of or disruption to, any internet connection or its use. Where internet is provided, guests are requested to be responsible in using it and only use it for accessing emails, social media and simple on-line searches. There must be NO streaming or downloading of videos, music or other copyrighted material. Excessive downloads may result in a charge to the guest.
30. Noosa Waters lock and weir: If the Property is located within the Noosa Waters lock and weir system, a lock access card may be provided to the Guest(s). The deposit payable for the lock access card ($600) will be debited to your credit card and will be refunded to the credit card within seven (7) days of the return of the lock access card. If the lock access card is lost or not returned at the end of this reservation, you agree to pay $600 to replace the lock access card and for that cost to be debited to your credit card.
31. Self-Rated Star System: Please be advised that the star ratings on our holiday rental website are self-assigned by the professional property management team and do not constitute an official star rating. These ratings are based on a selection of criteria constructed on the level of luxury and amenities provided. Users are encouraged to view them as general guide when booking.
32. Good To Book : We are a member of Good To Book, a risk management database for Short Term Accommodation Providers (STAPs) (‘GtoB database’). We will use the GtoB database to search your name and the names of guests booking or staying with you at our accommodation. If we find an entry on the GtoB database, this indicates that there was some problem caused by you, or one of your guests, at a previous accommodation you have stayed at. Based on information on the GtoB database, we may refuse to accept your accommodation request or booking (and will refund any money you have paid) or we may impose additional restrictions on your stay (for example, an additional security bond). We cannot check the accuracy of the GtoB database nor can we disclose to you any information on the GtoB database or the STAP who uploaded the information, as this information is confidential. The information on the database is used for evaluative purposes so accommodation providers can decide whether to enter into a contract for accommodation with you or not. Any concerns you have with the GtoB database will need to be discussed with GtoB directly. You can contact GtoB via email at [email protected]. We accept no liability for our use of the GtoB database, including any reliance we make on the information contained on the GtoB database, even if the information uploaded is incorrect. We may also upload information to the GtoB database if you cause damage or harm to us, our staff, guests or our property during your stay. Providing we are not negligent, we will not be liable to you or any other person for any consequence arising from the upload of information to the GtoB database by us.
33. T&C Alterations: Niche Holidays Noosa reserves the right to alter these Terms and Conditions at any time without notice.