Introduction

Reference to “Horizon Holiday Apartments” in these terms & conditions is a reference to Benjac Promotions Pty Ltd trading as Horizon Holiday Apartments. ACN 114 884 552; ABN 98 114 884 552.

Horizon Holiday Apartments onsite managers, manage short term holiday accommodation bookings on behalf of the owners of each apartment.

These terms and conditions and our Privacy Policy govern the relationship between Horizon Holiday Apartments and any individual who uses this website or utilises our accommodation services including the owners of the apartments.

Guests are granted a licence to occupy the Property for the registered 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 Horizon Holiday Apartments 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. These terms and conditions are in compliance with Fair Trading Act 1987 and Fair-Trading Regulation 2019.

Opening Hours

Horizon Apartments Reception is open for arrival and departures on

  • Monday-Friday 8am to 4pm (close 5.30pm during peak times)
  • Saturday 8am to 4pm
  • Sunday and Public Holidays – Closed.

Guests can access management at any time of day

  • dial 9 from the apartment phone during working hours
  • dial 110 from the apartment phone after hours.

Please contact reception during open hours to organise your early departures or late arrivals requirements.

Check in Time – from 1pm to 4pm
Check out Time – no later than 10am

Should you require times earlier or later, they are subject to availability and may incur an additional day use charge.

1. Disclosure

Horizon Holiday Apartments management specifically draws the Guest’s attention to the following:

Horizon Holiday Apartments management liability Pursuant to clause 24 (Indemnity) clause 27 (Liability) below of these Terms and Conditions, to the extent permitted by law, Horizon Holiday Apartments management and the owners of the apartments are not liable for any losses or damages caused by or in connection with:

  1. your use of the apartment and property, other than any losses or damages directly caused by Horizon Holiday Apartments management or the owner of the apartment and only where such loss was not beyond their control; and
  2. your use of this website or any website linked to or from this website.

2. Rates, property tariffs and Charges.

Rates for Horizon Holiday apartments are per apartment per night – for the standard number of people per apartment. Visitors of the Guests are not permitted on the Property or apartments or common areas between the hours of 10 pm and 8am.

Charges will apply for any damage or repair and/or replacement of all or excessive cleaning. All bookings are subject to availability. You must be at least 18 years of age to book on our website. Horizon Holiday Apartments 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.

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 that every effort has been made to maintain accuracy of the property tariffs, however Horizon Holiday Apartments management reserves the right to correct changes and adjust prices from time to time as errors may occur. 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.

3. Payment and cancellation policy

Full payment of the accommodation is required at the time of booking your accommodation on our website or any third-party website.
Horizon Apartments accepts Mastercard, Visa or direct deposit.

Bookings for deposit only are available by calling us direct on 02 4476 5200. For all direct bookings, $100 deposit is required to confirm your reservation and payable at the time of the booking. Balance of all outstanding monies is due thirty (30) days prior to your arrival, except Christmas bookings (from Boxing Day to end of NSW public school holidays in January), where the balance is due on or before 1st November.

For direct bookings with Horizon Holiday Apartments management, the credit card used to pay your deposit will be saved in our booking system trust account vault and used to process any balance payment owing on the date that this balance is due. 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 of 1.5% on all credit card transactions.

4. Dynamic Pricing

Prices/quotations are subject to change without notice and will not be guaranteed until payment has been processed and you have received formal confirmation of your booking from Horizon Holiday Apartments via email, SMS or letter.

A dynamic pricing structure is in operation, tariffs change regularly according to season/ occupancy. If a lower tariff is listed than previously booked, we unfortunately cannot amend the tariffs charged after a booking confirmation has been issued.

5. Cancellation Policy / Refund Policy

COVID related cancellation – full refund applies.

Peak Season

In the event of your plans being changed in the peak season (School Holidays, Long Weekends, Oyster Festival, Easter and 24th December to 31st January):

  • more than 14-day notice will receive a full credit, less a service charge of $50.
  • less than 14-day notice of cancellation, your full deposit is forfeited unless the room can be rebooked, in this instance a partial refund will be available. Alternatively, we are happy to transfer your deposit to a different date for a future booking.

Low Season

In the event of your plans being changed

  • more than 48 hours’ notice will receive a full credit, less a service charge of $50.
  • less than 48 hours’ notice of cancellation, your full deposit is forfeited. Alternatively, we are happy to transfer your deposit to a different date for a future booking.

Promotional / Special Deals

No Cancellations or Refunds, Dates can be changed within validity period subject to availability.

If a Guest has booked directly with Horizon Holiday Apartments management and requested a refund for a booking arrival date inside 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 interim booking date until the official date is confirmed.

When the Guest does utilise a 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.

Any costs imposed by any other provider are in addition to any costs imposed by Horizon Holiday Apartments Management. 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 Horizon Holiday Apartments management due to the online travel agencies inconsistent synchronisation with a channel manager. In this instance you – the guest will have to communicate directly with the online travel agency to seek further accommodation. Horizon Holiday Apartments management will endeavour to aid however Horizon Holiday Apartments management cannot step in between you-the guest and the online travel agent. You will need to find alternative accommodation.

6. Governing law & GST

The Law of NSW governs your use and occupation of the apartment during this reservation. All amounts indicated in this section include GST. Horizon Holiday Apartments 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 Horizon Holiday Apartments management acting as Letting Agent. The supply is input taxed in accordance with the ATO’s GST ruling 2000/20 sections 51 to 61.

Guest Indemnity

Pursuant clause 24 (Indemnity) you agree to indemnify and hold harmless Horizon Holiday Apartments management and the owner of the apartment 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 the Apartment (except to the extent directly caused or contributed to by Horizon Holiday Apartments management or the owner’s apartment) or any breach of these Terms and Conditions.

Guest Registration terms and condition acceptance – sent via SMS prior to arrival and to be read, understood, signed, and returned prior to check-in.

  • Animals or pets are strictly prohibited in the apartment or on the property
  • Smoking is strictly prohibited inside any room or building (a $200 minimum charge will be incurred if smoking is evident).
  • Maintain noise at a reasonable level and, abide by no noise policy between 10pm and 8am.
  • Rubbish Removal – all rubbish is to be removed from your room at the time of departure and placed in the bins provided in the car park. Failure to do so will result in a $25.00 charge to the person who booked the reservation.
  • Refrain from engaging in any drunken, obscene, or antisocial behaviour.
  • Observe and abide by any Body Corporate Rules/property house rules and respect the residential amenities of the property/neighbours.
  • No refunds will be given for early departure or eviction.
  • If the premises are damaged due to accidental, negligence or wilful act of the guest or invitees the premises will be repaired by us at the cost of the registered guest.
  • Any damage over the amount of $500 may result in a report lodged with the Police as malicious damage.
  • We will inspect the room after your departure and if the room has been damaged in any way, you will be notified.
  • Keys lost or not returned upon checkout a fee of $170 will apply.
  • I authorise management/maintenance/housekeeping staff access to my room if necessary and for mid-stay services.
  • MANAGEMENT IS ENTITLED TO TERMINATE A GUEST’S TENANCY AT ANY TIME WHERE A GUEST IS IN BREACH OF ANY CONDITION CONTAINED WITHIN THIS AGREEMENT

TERMS AND CONDITIONS ACCEPTANCE

By signing below, I authorise expenses any expenses arising from damage, excess cleaning fees (including but not limited to smoking in rooms) and failure to remove rubbish fee to be taken from my credit card provided upon booking and/or check in.

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

Ensuring the dwelling keys are secure and returned to the relevant Horizon Holiday Apartments reception. In the case that

  1. you lose the apartment keys, you are liable for replacement of the apartment lock and new keys.
  2. Your apartment requires excess cleaning, garbage removal or there is damage within the apartment 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.

7. Code of Conduct for the SHORT_TERM RENTAL ACCOMMODATION INDUSTRY

The NSW Code of Conduct for the Short-Term Rental Accommodation Industry (the “Code”) applies to accommodation bookings at Horizon Holiday Apartments. The Code sets out the rights and obligations of people who participate in short term rental accommodation including Horizon Holiday Apartments management and their Guests.

By making a booking, you agree to fully comply with your obligations under the Code and to do all things reasonably necessary to assist Horizon Holiday Apartments management and/or the owners of the apartments to comply with their obligations under the Code.

A copy of the Code can be found on the Office of Fair-Trading NSW’s website. Click here to view. Alternatively, you can contact the Office of Fair-Trading NSW directly to request a copy of the Code. Call 13 32 20 (8.30am to 5pm, Mon – Fri).

If you believe that Horizon Holiday Apartments is in breach of the Code or that Horizon Holiday Apartments management or the owner of the Apartment has breached their obligations under the Code, you may lodge a complaint with the Office of Fair-Trading NSW detailing the alleged breach.

CODE OF CONDUCT FOR THE SHORT-TERM RENTAL ACCOMMODATION INDUSTRY

You confirm that prior to making a booking at Horizon Holiday Apartments 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 Property, 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.

You must notify us of any direction issued to you by Fair Trading NSW pursuant to the Code relating to your participation in short-term rental accommodation and you agree to comply with any such direction during your stay at the Property.

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

The Code requires Fair Trading NSW to establish an Exclusion Register (“the Register”). Any guest who has had two strikes against their name (for having breached the Code twice) or who has been charged or convicted with a relevant criminal offence may be recorded on
the Register as an excluded Guest (“Excluded Guest”).

You must not make any booking at a Horizon Holiday Apartments if you are an Excluded Guest. You must immediately notify us if you become an Excluded Guest after making a booking at a Horizon Holiday Apartments.

You agree to fully reimburse us for any costs or expenses of any kind incurred by us in connection with a breach by you of the Code.

Horizon Holiday Apartments management reserves the right to immediately cancel your accommodation and evict you from the Property without a refund in any of the following events:

  1. You are in breach of the Code;
  2. You are listed on the Register as an Excluded Guest; or
  3. You are in breach of any direction issued to you by the Commissioner.

8. Noise or Disturbance policy

PLEASE NOTE: WE HAVE A VERY STRICT NO PARTY POLICY

In the interests of other guests and in compliance with the Strata bi-laws, Horizon Holiday Apartments have a No Excessive Noise and Party Disturbance Policy. Offensive behaviour and loud noise/disturbance of other guests will not be tolerated. After an initial warning, non co-operative guests may be asked to leave without refund.

9. Smoking

All apartments at Horizon Holiday Apartments are strictly NON SMOKING. Smoking is permitted in the outdoor area as long as you ensure that you have closed all doors and you are not annoying any other guest.

As guest/occupant I agree to pay the above charges on demand by staff at Horizon Holiday Apartments.

10. Pets

Pets are strictly prohibited in the Horizon Holiday Apartments. If pets are found to be in your apartment, you may be requested to terminate 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 accordingly.

11. Pool

Use of the swimming pool by the guest or visitors must ensure the supervision of children at all times. No Lifeguards are on duty.

12. 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 Horizon Holiday Apartments management or the owner of the apartment liable for the availability or disruption in any internet connection.

TV reception in parts of Narooma can be unreliable in times of high wind or storms and you may encounter low signal strength. The Guest will not hold Horizon Holiday Apartments management or the apartment owner liable for any disruption to the TV reception.

Foxtel is not available at Horizon Holiday Apartments.

13. Loss or Damage

Holiday Apartments Narooma shall not be liable to any guest or invitee of any guest for any loss, damage or destruction to any personal property brought onto these premises. Personal property shall include any personal effects, and motor vehicles parked on the premises.

14. 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 3 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.

15. Lock outs

Should a Guest lock themselves out of their Apartment during office hours, they may contact Horizon Holiday Apartments management who will make every reasonable endeavour to provide spare keys at no cost. Should a guest lock themselves out of the apartment outside business hours, a callout fee of $50 will apply.

16. 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.

17. Cleaning and garbage

Garbage bins are provided in the property carpark. Please ensure that all garbage is removed from your apartment and placed in bins provided. If you leave excess garbage in the apartment, 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. Linen and amenities

Bed linen and bath towelling are provided. A starter pack of tea, coffee, sugar, dish washer and washing powders, soap, shampoo, toilet paper, tea towels are provided.

19. Use of the property and eviction

The Property is a residential dwelling within the Narooma community. 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 Horizon Holiday Apartments management. The Property is a strata title property and 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:

  • Your stay at the Property will be terminated;
  • All Guests and other occupants of the apartment and property will be removed from it by our Building Manager and/or local Police (if required);
  • 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.

20. Inspections and Repairs

If Horizon Holiday Apartments management believes that these Terms and Conditions may have been or are being breached, Horizon Holiday Apartments management may inspect the apartment at any time during your stay without notice. Horizon Holiday Apartments management may also be required to enter your apartment and carry out emergency repairs without notice. At all other times during your stay Horizon Holiday Apartments management will provide 24 hours’ notice of any inspection that may be required for maintenance or other management reasons.

21. Number of occupants and vehicles

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

Parking of vehicles should only be parked in spaces provided by the management of Horizon Holiday Apartments. Any additional vehicles MUST be parked in a Visitor space or parked on the street.

22. Property description

Horizon Holiday Apartments management describe the premises, position and furnishings to the best of their ability and in good faith. Images of the apartments in any brochure or on any website are to be taken as a general indication of the appearance of the apartments, 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 Horizon Holiday Apartments management Pty Ltd to compensate or discount.

23. Security and break ins

All Guests are responsible for keeping the apartment 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 apartment. Ensure vehicles that are parked on property are locked and secure.

24. Compensation 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 Horizon Holiday Apartments management to compensate or discount.

25. Indemnity

To the extent permitted by law, Horizon Holiday Apartments management and the owners of the Property 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 Horizon Holiday Apartments management 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 Horizon Holiday Apartments management and the owners of the Property 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 Horizon Holiday Apartments management for the owner of each apartment) or any breach of these Terms and Conditions.

26. 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 apartment (unless you have paid a Bond Protection Waiver and meet the terms and conditions of this). Please respect the Property and any items within the property and do not move furniture around. A fee may be charged should this occur. Please do not move items from one apartment to another apartment, any inventory items that cannot be immediately identified will be charged as a replacement to you.

27. 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 Horizon Holiday Apartments management.

28. Liability

To the extent permitted by law, Horizon Holiday Apartments 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.

29. Use of the property and eviction

The Property is a residential dwelling within the Narooma community. 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 Horizon Holiday Apartments management. The Property is a strata title property and 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:

  • Your stay at the Property will be terminated;
  • All Guests and other occupants of the apartment and property will be removed from it by our Building Manager and/or local Police (if required);
  • 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.

30. 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 $20.00 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.

31. 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.

32. Sale of the apartment

When a booking is made, the deposit is accepted on behalf of the Owner of the Apartment at that time. If the apartment is sold and the ownership changes before the commencement of your booking, we cannot guarantee that the apartment will remain available. Some owners will keep the apartment as a holiday rental, in which case your booking may not be affected. However, if the owner decides to move into the apartment or not rent the apartment it will no longer be available. If the apartment 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 apartment is listed for sale while you are in residence, you agree to allow the owner or Horizon Holiday Apartments management or any other agent acting on behalf of the Owner to conduct inspections with prospective purchasers only at mutually convenient times, by appointment.

33. 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.

34. All property privately owned

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

35. Disclaimer

Horizon Holiday Apartments 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. Horizon Holiday Apartments 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.