Terms & Conditions

TERMS AND CONDITIONS
BALMY BREAKS PTY LTD

INTRODUCTION AND LEGAL STATUS

1.1 Reference to “Balmy Breaks” in these Terms and Conditions is a reference to Balmy Breaks Pty Ltd ABN 29 659 509 672.

1.2 Balmy Breaks manages short-term accommodation bookings at properties as agent on behalf of the owners or other persons in legal control of those properties (the Property or Properties).

1.3 Balmy Breaks acts solely as agent for the property owner and does not occupy, possess or control the Property.

1.4 These Terms and Conditions, together with the Balmy Breaks Privacy Policy, govern the relationship between Balmy Breaks and any person who uses the website or accommodation services, other than the owners of the Properties. This includes the person who makes a booking and all persons named or travelling on that booking (the Guest or you).

1.5 Guests are granted a licence to occupy the Property for the booking dates only. No residential tenancy agreement is created under any residential tenancy legislation.

1.6 These Terms and Conditions constitute a legally binding agreement. The primary booking guest accepts these Terms on behalf of all occupants and visitors, and is responsible for ensuring all occupants and visitors are aware of and comply with these Terms.

2. BOOKING CONDITIONS AND ELIGIBILITY

2.1 Bookings are accepted strictly subject to these Terms and Conditions.

2.2 The primary guest must be over 25 years of age and hold a valid credit card in their own name - Valid government ID can be requested to verify the primary guest's age.

2.3 Bookings identified as schoolies bookings or groups under the age of 20 may be cancelled and evicted immediately without refund, whether or not other terms have been breached.

2.4 The Property is provided for short-term holiday accommodation only and must not be used for any unlawful purpose, commercial purpose, event, photoshoot, party, reception or gathering unless expressly approved in writing.

2.5 Only the number of guests declared and approved in the booking may stay at the Property. Exceeding approved occupancy is a serious breach and may result in immediate termination without refund, and guests may be charged for additional cleaning, wear and tear, damages, and any breach management costs.

2.6 Guests must not sublet, licence, assign or transfer the booking or allow any person to stay who is not declared and approved.

3. PROPERTY DESCRIPTION AND EXPECTATIONS

3.1 Every effort is made to ensure property descriptions, features and facilities are accurate at the time of listing. Descriptions are provided in good faith and are subject to change.

3.2 Facilities, appliances, furnishings or features may be upgraded, removed, replaced or temporarily unavailable due to maintenance, weather, supply issues, safety issues, utility outages, trade availability or owner decisions.

3.3 If any particular feature or facility is essential to your stay, you must confirm availability with Balmy Breaks in writing prior to booking. Balmy Breaks does not guarantee the availability of any specific feature unless confirmed in writing.

3.4 Properties are self-contained. A starter supply of consumables may be provided. Guests are responsible for purchasing additional supplies as required. Any unused consumables provided by Balmy Breaks remain the property of the house and must not be taken off the premises.

3.5 Personal preference, dissatisfaction with style, layout, location or surrounding environment does not constitute grounds for cancellation, refund or compensation where the Property is materially consistent with its listing.

3.6 Guests acknowledge that natural environments, coastal locations, wildlife activity, insects, weather, roadworks, neighbourhood noise, construction activity, and similar external factors are outside the control of Balmy Breaks and the property owner and do not constitute a failure of accommodation.

4. PAYMENTS, FEES AND FINANCIAL TERMS

4.1 A deposit of 50 percent of the total booking amount is required at the time of booking. The remaining balance is due 30 days prior to arrival.

4.2 Christmas and peak bookings require full payment by 1 November unless otherwise stated in writing.

4.3 Accepted payment methods include Visa and Mastercard (1.4 percent surcharge) and American Express (2.13 percent surcharge).

4.4 Security deposits may be required. Security deposits are held as security only and do not constitute rent or part-payment for accommodation.

4.5 Security deposits are refundable subject to inspection and compliance with these Terms, and subject to any deductions for damage, loss, excessive cleaning, breach management, missing items, locksmith call-outs, additional servicing, pest treatment, smoke remediation or any other costs arising from the booking.

4.6 Damage, loss, excessive cleaning, breaches of these Terms or costs exceeding the deposit may be charged to the credit card on file, including after check-out where damages or additional cleaning become apparent.

4.7 Credit card fees, booking platform fees and third-party service charges are non-refundable under all circumstances.

4.8 Where a guest initiates a chargeback or payment dispute, Balmy Breaks reserves the right to recover all associated costs, fees, administrative expenses, investigation costs, collection costs, legal costs (on a solicitor and own client basis where permitted) and losses to the maximum extent permitted by law.

5. CANCELLATIONS, CHANGES AND PROPERTY UNAVAILABILITY

5.1 Cancellations more than 30 days prior to check-in incur a charge of 50 percent of the accommodation cost. Cancellations within 30 days of arrival incur a charge of 100 percent of the accommodation cost. No-shows are charged the full booking amount.

5.2 All cancellations must be submitted in writing.

5.3 Where a booking is cancelled, Balmy Breaks may attempt to rebook the Property. If rebooked at the same rate, monies paid will be refunded less a $200 cancellation fee. If rebooked at a lower rate, any refund will be adjusted accordingly. If not rebooked, all monies paid are forfeited.

5.4 Requests to amend booking dates must be submitted in writing and are subject to availability, seasonal minimum stay requirements and written approval. Approved amendments do not entitle guests to refunds where the amended dates are of lower value or shorter duration. Balmy Breaks reserves the right to treat a date change request as a cancellation where an amendment cannot be accommodated.

5.5 No refunds are provided for early departures, late arrivals, unused nights, weather dissatisfaction, transport disruption, illness, change of mind, or changes in personal circumstances - Guests are advised to obtain and maintain appropriate travel insurance for the entire duration of their stay, covering personal events and any circumstances beyond the control of Balmy Breaks.

5.6 A Property may become unavailable due to circumstances beyond reasonable control, including urgent repairs, compliance matters, insurance issues, safety concerns or owner use. In such cases guests will be offered either a full refund or transfer to an alternative property, subject to availability. Alternative property allocation is not guaranteed and may differ in location, style, amenities or configuration.

5.7 To the maximum extent permitted by law, Balmy Breaks’ liability is limited to the amount paid for the booking. Balmy Breaks is not liable for travel costs, alternative accommodation costs, loss of enjoyment, inconvenience or consequential loss.

6. CHECK-IN, CHECK-OUT AND LATE DEPARTURE

6.1 Check-in is from 3:00 pm on the scheduled arrival date unless otherwise agreed in writing. Early check-ins are not allowed without prior approval and cannot be guaranteed.

6.2 Check-out is by 10:00 am on the scheduled departure date unless otherwise agreed in writing.

6.3 Late departures without prior written approval may incur a $75 fee and any additional cleaning, rebooking, staffing, lock-out or operational costs.

6.4 Guests must follow access instructions. Lost access codes, keys, remotes or devices, and any required locksmith or reprogramming costs will be charged to the guest.

7. UTILITIES, SERVICES AND LOSS OF AMENITY

7.1 The supply of utilities and services including electricity, gas, water, internet, Wi-Fi, television and mobile reception is outside the control of Balmy Breaks and the property owner.

7.2 No guarantee is given that utilities or services will be uninterrupted or available at all times, including due to outages, maintenance works, network congestion, provider faults, weather events or equipment failure.

7.3 Interruptions, outages, maintenance works or service failures do not constitute a breach of contract and do not entitle guests to refunds, compensation or alternative accommodation.

7.4 Temporary loss of access to amenities including pools, spas, lifts, air conditioning, appliances, hot water, internet, television, views, outdoor areas or facilities does not constitute a failure of accommodation where the Property remains habitable.

8. EQUIPMENT, APPLIANCES AND AIR-CONDITIONING BREAKDOWNS

8.1 Electrical appliances, air-conditioning systems, lifts, pumps, heaters, internet equipment and other mechanical systems may malfunction or fail from time to time.

8.2 Guests must report any malfunction as soon as practicable and must allow reasonable access for trades, technicians or property representatives to inspect and carry out repairs, including during the booking period.

8.3 While reasonable efforts will be made to arrange repairs, no guarantee is given that repairs can be completed during the guest’s stay.

8.4 Breakdowns, delays in repair or temporary unavailability of appliances or equipment do not constitute a breach of contract and do not entitle guests to refunds, compensation or alternative accommodation where the Property remains habitable.

8.5 Guests must not tamper with, disassemble, relocate or attempt repairs to appliances, electrical items, air-conditioning, hot water, pool systems, internet equipment or any other equipment. Any damage or cost arising from tampering will be charged to the guest.

9. WEATHER EVENTS AND FORCE MAJEURE

9.1 Balmy Breaks is not responsible for weather events or natural disasters including storms, flooding, cyclones, bushfires, extreme heat, rain, road closures or power outages.

9.2 No refunds or compensation will be provided for weather-related events unless the Property becomes uninhabitable or inaccessible due to a government authority order or safety direction.

9.3 Inconvenience, discomfort, partial loss of services, reduced amenity or weather conditions do not render a property uninhabitable.

9.4 Balmy Breaks is not liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, government restrictions, emergencies, utility outages, supply chain disruption or trade unavailability.

10. HOUSE RULES AND PROPERTY USE

10.1 Guests must comply with all house rules and instructions provided, including property-specific rules displayed at the Property, in the digital guide or in messages.

10.2 Car parking is limited to the number of spaces allocated to the Property. Guests must not park in a manner that obstructs neighbours, common property, driveways, emergency access or council-regulated zones.  Balmy Breaks accepts no liability for any parking fines or infringements issued to guests or visitors associated with the booking. All staying guests and their visitors are responsible for ensuring they are aware of and comply with local parking signage and council bylaws.

10.3 Smoking is prohibited indoors. Outdoor smoking must occur away from doors and windows and must not occur on outdoor furniture. Cigarette butts must be disposed of appropriately. Additional cleaning, deodorising and remediation fees apply for breaches.

10.4 Functions, parties and unauthorised gatherings are strictly prohibited and may result in immediate eviction and a $5,000 liquidated damages charge representing a genuine pre-estimate of loss, including costs associated with disturbance, security response, additional cleaning, lost bookings, owner complaints, body corporate breaches and operational disruption.

10.5 Furniture must not be moved or rearranged except where expressly permitted. Guests must not move furniture outdoors or between indoor and outdoor areas and must not use furniture or objects to create climbable hazards, access restricted areas, or alter safety conditions. Any costs arising from moving furniture, including safety risk management, additional cleaning, damage or compliance breaches, will be charged to the guest.

10.6 Guests must not interfere with safety devices, security devices, pool fencing, gate latches, fire safety equipment, smoke alarms, or any compliance-related fixtures. Any interference constitutes a serious breach.

11. PETS

11.1 Pets are permitted only by prior written approval and only at designated pet-friendly properties. Approval is property-specific and may be withdrawn if these Terms are not complied with.

11.2 A pet fee and or pet bond may apply and will be disclosed at the time of booking.

11.3 Unauthorised pets constitute a serious breach and may result in immediate termination without refund and additional cleaning, damage or pest treatment charges.

11.4 Where pets are approved, the following conditions apply:

(a) Pets must have current flea and tick prevention treatment prior to arrival.
(b) Pets must remain off all furniture, beds and soft furnishings at all times.
(c) Pets must not be left unattended inside the Property for extended periods.
(d) Pets must be toileted outside regularly.
(e) Any soiling, staining, odours or damage to carpets, rugs, flooring or furnishings will be charged to the guest, including specialised cleaning, deodorising, steam cleaning, replacement and loss of booking income where applicable.
(f) All pet waste must be removed prior to check-out and disposed of appropriately.
(g) Guests must prevent excessive barking or nuisance behavior. Any complaints, body corporate breaches or council breaches and associated costs will be charged to the guest.

11.5 Pets remain under the care, supervision and control of the guest at all times. Guests must not allow pets to roam, chase wildlife, or enter restricted areas.

11.6 To the maximum extent permitted by law, Balmy Breaks and the property owner accept no liability for any injury, illness, loss or death suffered by a pet at or around the Property.

12. CLEANING, LINEN AND PROPERTY CONDITION

12.1 Properties are professionally cleaned prior to arrival. Environmental factors such as dust, salt exposure, and outdoor debris are unavoidable and do not constitute a cleanliness failure.

12.2 Guests must report concerns immediately and allow reasonable opportunity to rectify. Guests who refuse a reasonable rectification opportunity are not entitled to refunds or compensation for the issue.

12.3.1 Guests must leave the Property clean and tidy and follow checkout instructions. Excessive cleaning is charged at $70 per hour. BBQs left dirty incur a $30 cleaning fee.  Guests must inform Balmy Breaks immediately upon arrival or as soon as discovered, if there are insufficient cleaning supplies or equipment that may affect their stay or ability to complete checkout instructions.

12.3.2 A standard departure clean is included in your booking. Additional cleaning charges may apply if the property is left in an unreasonable condition, including but not limited to: unwashed dishes, rubbish left throughout the property, heavy soiling, stains to carpets, furniture, linen or towels, strong odours (including the removal of seafood), excessive sand or dirt, BBQs or kitchens left heavily soiled, or any cleaning required due to breaches of house rules (such as smoking, unauthorised pets, or events).

12.4 Guests are responsible for any loss, damage or excessive wear beyond fair wear and tear, including damage to furniture, lamps, appliances, fixtures, flooring, rugs, walls, linen, towels, keys and remotes.

12.5 Costs for repairs, replacement, or additional cleaning may be charged to the security deposit, the credit card on file, or via the third party booking platform’s claims process.

12.6 Lost or damaged keys, remotes, access cards or security devices will be charged to the guest, including replacement, reprogramming, locksmith call-outs and security reset costs.

13. INSECTS, WILDLIFE AND ENVIRONMENTAL CONDITIONS

13.1 Guests acknowledge that insects, wildlife and environmental factors form part of coastal, rural and natural environments.

13.2 While reasonable pest control measures are undertaken, Balmy Breaks does not guarantee that Properties will be free from insects, mosquitoes, ants, spiders, geckos or other wildlife.

13.3 The presence of insects or wildlife does not constitute a cleanliness failure and does not entitle guests to refunds or compensation.

13.4 Guests are responsible for taking reasonable precautions, including keeping doors and windows closed, using screens where available, storing food appropriately and disposing of rubbish properly.

14. ELECTRIC VEHICLE AND BATTERY CHARGING

14.1 Unless expressly stated in writing, Properties do not provide electric vehicle charging facilities.

14.2 Charging of electric vehicles, e-bikes, scooters or battery-powered devices inside the Property, inside garages, on balconies, or via standard power outlets is prohibited unless an approved charger is expressly provided and approved in writing.

14.3 Where an approved EV charger is provided, guests must use only the designated equipment and follow instructions. Use occurs entirely at the guest’s risk and should be in a well-ventilated area.

14.4 Guests accept full responsibility and liability for any damage, fire, electrical fault, overheating, loss, injury or claim arising from charging activities, including damage to wiring, outlets, switchboards, equipment and structures. All resulting costs may be charged to the guest.

15. BALCONIES, DECKS AND ELEVATED AREAS

15.1 Where a Property includes balconies, decks, stairs or elevated outdoor areas, guests acknowledge inherent risks including falls, surface conditions, weather exposure and structural limits.

15.2 Children and vulnerable persons must be supervised at all times by a responsible adult. Guests must not climb, sit or lean on railings, overload balconies or engage in unsafe behaviour.

15.3 Balmy Breaks does not provide supervision.

15.4 To the maximum extent permitted by law, Balmy Breaks and the property owner accept no liability for injury or loss arising from use or misuse of balconies or elevated areas.

16. POOL, SPA AND OUTDOOR AREA SAFETY AND USE

16.1 Use of pools, spas and all surrounding outdoor areas involves inherent and obvious risks, including but not limited to slips, falls, drowning, impact injuries, variable surfaces, wet conditions, weather exposure, structural components, drainage systems and human behaviour. Use occurs entirely at the guest’s own risk.

16.2 Children and minors aged 16 years and under, and any vulnerable persons, must be actively and continuously supervised at all times by a responsible adult when in or near pool, spa or outdoor areas. Supervision must be direct, attentive and uninterrupted. Balmy Breaks does not provide supervision and accepts no responsibility for supervision.

16.3 Running, diving, jumping, pushing, rough play or any reckless, unsafe or risky behaviour in or around pool and spa areas is strictly prohibited.

16.4 Pool surrounds, tiles, coping edges, steps, skimmer boxes, drainage areas and wet surfaces may be slippery, uneven or load-limited. Guests must exercise extreme caution at all times.

16.5 Guests must not stand, sit, jump, place weight on or otherwise use skimmer box lids, drainage covers or pool fittings for any purpose. Skimmer box lids are not designed as load-bearing surfaces. Any use occurs entirely at the guest’s own risk.

16.6 Children must not access, open, interfere with or play near skimmer boxes, drainage openings or pool fittings under any circumstances.

16.7 Pool equipment, including pumps, filters, chlorinators, valves, timers, electrical components, covers and controls, must not be touched, adjusted, interfered with or operated by guests. Guests must not open equipment enclosures or tamper with pool systems.

16.8 Furniture, chairs, tables, loungers, pool accessories or any other objects must not be moved near pool fencing, balustrades, boundaries, skimmer boxes or any area that may create a climbable hazard or increase the risk of falls, drowning or injury.

16.9 Pool fencing, gates, latches and safety barriers must not be tampered with, obstructed, disabled or propped open. Any interference constitutes a serious breach of these Terms.

16.10 No glass is permitted in or around pool or spa areas at any time.

16.11 Alcohol consumption in pool and spa areas increases the risk of injury. Intoxicated persons must not enter or use pool or spa areas.

16.12 Guests acknowledge that failure to comply with pool, spa and outdoor safety requirements may result in immediate termination of the booking without refund and full liability for any resulting loss, damage, injury or claim.

16.13 To the maximum extent permitted by law, Balmy Breaks, the property owner and their representatives accept no liability for injury, loss, death or damage arising from the use or misuse of pools, spas or outdoor areas, including as a result of non-compliance with these Terms.

17. CHILDREN’S AND BABY EQUIPMENT

17.1 Certain Properties may make baby or children’s equipment available for guest convenience only, including items such as porta cots or highchairs.

17.2 Such items are supplied in accordance with the manufacturer’s instructions and warnings only. Balmy Breaks does not independently test, certify, install or inspect baby or children’s equipment beyond general visual checks for obvious damage.

17.3 Guests are solely responsible for inspecting any baby or children’s equipment prior to use, for assembling and using the equipment strictly in accordance with manufacturer instructions, and for determining its suitability for their child.

17.4 Children must be supervised at all times when using baby or children’s equipment. Balmy Breaks does not provide supervision and does not assume any responsibility for supervision.

17.5 Any use of baby or children’s equipment is entirely at the guest’s own risk. To the maximum extent permitted by law, Balmy Breaks and the property owner accept no liability for injury, loss or damage arising from the use or misuse of baby or children’s equipment.

17.6 Guests are encouraged to bring their own equipment or engage professional hire services if specific safety standards, certifications or assurances are required.

18. GENERAL SAFETY AND ASSUMPTION OF RISK

18.1 Guests acknowledge inherent risks associated with the Property, including wet or uneven surfaces, stairs, balconies, decks, outdoor areas, wildlife, coastal and natural environments and weather exposure.

18.2 Guests voluntarily assume all risks associated with their stay and agree to take reasonable care for their own safety and the safety of others.

18.3 Guests must report any hazards or safety concerns as soon as practicable.

19. LIABILITY, INJURY AND INDEMNITY

19.1 To the maximum extent permitted by law, Balmy Breaks, the property owner and their representatives are not liable for personal injury, loss or consequential damage suffered by guests or others while on the Property.

19.2 Guests are responsible for damage to their own property and for damage caused to the Property.

19.3 All guests listed on a booking are jointly and severally liable for all charges, damages, losses and breaches arising from the booking or the conduct of any occupant or visitor.

19.4 Guests indemnify and hold harmless Balmy Breaks and the property owner against claims, losses, damages and costs, including reasonable legal costs, arising from guest use of the Property or breach of these Terms.

20. SECURITY, MONITORING AND COMPLIANCE

20.1 Selected properties may have external security cameras or noise monitoring devices, disclosed prior to booking or arrival.

20.2 Guests must comply with all body corporate by-laws and local council requirements, including guest codes of conduct.

21. UNPAID CHARGES AND DEBT RECOVERY

21.1 Any fees, charges, damages or costs payable under these Terms that remain unpaid constitute a debt due and payable to Balmy Breaks and may be recovered by lawful means.

22. RUBBISH AND WASTE MANAGEMENT

22.1 Holiday accommodation naturally generates a higher volume of rubbish than permanent residential use. Local council waste collection occurs on scheduled days only and is outside the control of Balmy Breaks and the property owner.

22.2 While reasonable efforts are made to ensure rubbish bins are emptied prior to guest arrival, during peak periods or high-occupancy stays additional rubbish capacity or collections may be required.

22.3Guests acknowledge that:
• Council bin collections occur weekly or as scheduled by the local authority
• Bin capacity is finite and may fill during longer or higher-occupancy stays
• Warm, humid or coastal environments can cause rubbish to deteriorate quickly and may attract insects or maggots if waste is not managed appropriately

22.4Guests must:
• Dispose of all rubbish in the correct bins provided
• Secure rubbish in sealed bags at all times
• Follow all waste separation requirements (general waste, recycling and green waste where applicable)

SEAFOOD DISPOSAL Due to the warm coastal climate, seafood waste can cause strong odours, attract pests, and create hygiene issues if not disposed of correctly. Guests must not place seafood scraps, fish frames, shells, bait, or similar waste into indoor rubbish bins. All seafood waste must be securely bagged and disposed of in the external rubbish bins provided, or taken directly to a public bin or appropriate disposal facility. Seafood waste must not be left on balconies, patios, in sinks, or in common areas. If seafood waste is incorrectly disposed of and results in odour, pest issues, additional cleaning, or bin sanitation, the cost of remediation may be charged to the guest. Guests are responsible for ensuring bins are closed properly at all times and for following the rubbish and waste instructions provided in the house guide.

• Place bins out for collection on the correct day as specified in the house guide or check-in information
• Return bins to the property promptly after collection

22.5 If rubbish bins are full upon arrival, guests must notify Balmy Breaks as soon as practicable. Balmy Breaks will advise the next scheduled collection day or available options. Refunds or compensation are not provided for rubbish capacity or collection timing.

22.6 Excess rubbish, contamination of bins, failure to put bins out for collection, or rubbish left outside bins may result in additional charges for cleaning, waste removal or pest treatment.

Guests are responsible for managing rubbish throughout their stay in accordance with these requirements.

23. EMERGENCIES AND AFTER-HOURS CONTACT

23.1 For fire, medical or criminal emergencies call 000.

23.2 For urgent after-hours issues contact Balmy Breaks. Non-essential call-outs incur a $250 fee.

24. TRAVEL INSURANCE

24.1 Guests are strongly advised to obtain comprehensive travel insurance to cover cancellation, booking changes, illness, injury, property damage, loss of belongings, weather events and other unforeseen circumstances.

25. GOVERNING LAW AND CHANGES

25.1 These Terms and Conditions are governed by the laws of Queensland.

25.2 Balmy Breaks reserves the right to amend these Terms and Conditions at any time.