Terms and Conditions

Property: 51 Long Point Street, Potato Point NSW Australia

Website: Paradise Retreat (paradiseretreat.com.au)

Effective Date: 19 October 2025

These Terms and Conditions govern both your use of our website and booking platform, and the rental of our property at 51 Long Point Street, Potato Point NSW Australia. By using our website or confirming a booking, you agree to be bound by these terms.

PART 1: WEBSITE AND BOOKING TERMS

1. Acceptance of Terms

By accessing or using the Paradise Retreat website (“Website”), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Website or services.

These terms apply to all users of the Website, including browsers, guests, and any other visitors.

2. Website Use and Access

2.1 General Use

You may use our Website to:

• Browse information about our property
• Check availability and pricing
• Make booking reservations
• Contact us with inquiries
• Access your booking information

2.2 Account Creation

If you create an account on our Website:

• You must be at least 18 years of age
• You must provide accurate and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorised use of your account

2.3 Prohibited Activities

You agree not to:

• Use the Website for any unlawful purpose
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Website or servers
• Use automated systems (bots, scrapers) without our written permission
• Transmit any viruses, malware, or harmful code
• Impersonate any person or entity
• Collect or harvest personal information of other users

3. Cookies and Tracking Technologies

3.1 What Are Cookies

Our Website uses “cookies” to enhance your experience. Cookies are small data files placed on your device that help us recognize you and remember your preferences.

3.2 Types of Cookies We Use

• Essential Cookies: Required for the Website to function, including booking functionality and security
• Performance Cookies: Help us understand how visitors use our Website to improve functionality
• Functional Cookies: Remember your preferences and settings
• Analytics Cookies: Provide statistics on how our Website is used

3.3 Managing Cookies

You can control cookies through your browser settings. However, disabling cookies may prevent you from using certain features of the Website, including making bookings.

3.4 Information Collected

Through cookies and similar technologies, we may collect:

• Browser type and version
• Operating system
• IP address and general location
• Pages visited and time spent on pages
• Referring website
• Device information

4. Booking Process and Confirmation

4.1 Making a Booking

When you make a booking through our Website:

• You confirm that you are at least 18 years of age and have legal capacity to enter into a binding contract
• You confirm that all information provided is accurate and complete
• You agree to pay all amounts due in accordance with the payment terms
• You acknowledge that you have read and agree to all Terms and Conditions, including the Property Rental Terms in Part 2

4.2 Booking Confirmation

A booking is confirmed only when:

• Full payment has been received and processed successfully, OR
• You receive a booking confirmation email from us

We reserve the right to refuse or cancel any booking at our discretion.

4.3 Pricing and Availability

• All prices are displayed in Australian Dollars (AUD) unless otherwise stated
• Prices are subject to change without notice until booking is confirmed
• We strive to ensure pricing and availability are accurate, but errors may occur
• If an error affects your booking, we will contact you to discuss options

5. Payment Terms

5.1 Payment Methods

We accept payment via credit card, debit card, and other payment methods as displayed during checkout.

5.2 Payment Processing

• All payments are processed securely through our payment service providers
• We do not store your complete credit card details on our servers
• Payment must be received in full before your booking is confirmed

5.3 Currency and Taxes

• All prices include applicable taxes unless otherwise stated
• Currency conversion fees (if applicable) are the responsibility of the guest

6. Intellectual Property

6.1 Website Content

All content on the Website, including text, graphics, logos, images, photographs, videos, and software, is the property of Paradise Retreat or its content suppliers and is protected by copyright and intellectual property laws.

6.2 Limited License

You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not:

• Reproduce, distribute, or display content without written permission
• Modify or create derivative works from Website content
• Use content for commercial purposes
• Remove copyright or proprietary notices

6.3 User-Generated Content

If you submit reviews, comments, photographs, or other content to our Website:

• You grant us a non-exclusive, royalty-free, perpetual license to use, display, and distribute such content
• You represent that you own or have rights to the content submitted
• You agree that content may be moderated and removed at our discretion

7. Third-Party Links and Services

Our Website may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites. Your use of third-party websites is at your own risk.

8. Website Availability and Changes

• We strive to ensure the Website is available 24/7, but cannot guarantee uninterrupted access
• We may modify, suspend, or discontinue any aspect of the Website at any time
• We may update these Terms and Conditions; continued use constitutes acceptance of changes

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PART 2: PROPERTY RENTAL TERMS

9. Definitions

“Host” refers to the owner or authorized representative of the Property.

“Guest” refers to the person making the booking and all persons accompanying them during the stay.

“Booking” means the confirmed reservation for use of the Property.

“Force Majeure Event” means events beyond either party’s reasonable control including:

• Natural disasters (bushfires, floods, severe storms, earthquakes) that make the Property uninhabitable or inaccessible
• Government-mandated evacuations or travel restrictions
• Declared public health emergencies requiring property closure
• Complete failure of essential utilities (water, electricity) for more than 24 hours through no fault of either party

“House Rules” means the rules set out in Section 16 of this Agreement.

10. Booking Confirmation for Property Rental

10.1 Third-Party Platform Bookings

If you booked through a third-party platform (Airbnb, Booking.com, VRBO, etc.):

• Your booking is subject to both the platform’s terms and these Terms and Conditions
• The platform has shared your booking information with us as disclosed in their privacy policy
• Payment, cancellation, and refund policies may be governed by the platform’s terms
• All other aspects of your stay (house rules, liability, etc.) are governed by these Terms and Conditions

10.2 Direct Website Bookings

If you booked directly through our Website, your booking is confirmed when payment is received and you receive a booking confirmation email.

11. Security Bond and Damage Liability

11.1 No Upfront Bond

No upfront security bond is required when making your booking.

11.2 Damage Liability

You are responsible for any damage to or loss of the Property or its contents that occurs during your stay, except where caused by normal wear and tear or events beyond your control.

11.3 Damage Charges – Capped Amount

By confirming your booking, you authorise the Host to charge the payment method used for your booking to recover reasonable costs for:

• Repair or replacement of damaged or lost items
• Additional cleaning required beyond normal checkout cleaning
• Breach of these Terms and Conditions that results in costs to the Host

Maximum charge limit: $5,000 per booking unless actual documented costs exceed this amount.

11.4 Damage Assessment Process

Before charging you for any damage:

1. The Host will provide photographic evidence and an itemized quote or invoice within 7 days of checkout
2. You will have 48 hours to dispute the claim in writing
3. If you dispute the claim, both parties will attempt to resolve the matter reasonably
4. Any unresolved disputes may be referred to the booking platform’s resolution process or relevant tribunal

If your original payment method is declined, you agree to pay the Host by alternative means within 14 days of receiving notice.

12. Cancellation and Refund Policy

12.1 Guest Cancellations

Cancellation requests must be submitted in writing through the booking platform or by email to hello@paradiseretreat.com.au

Cancellation more than 30 days before check-in:

• Full refund minus payment processing fees (typically 3-5%)

Cancellation 14-30 days before check-in:

• 50% refund of accommodation charges
• Payment processing fees are non-refundable

Cancellation less than 14 days before check-in:

• No refund of accommodation charges
• Payment processing fees are non-refundable

Non-arrival (no-show):

• If you do not arrive and do not cancel, no refund will be provided

12.2 Host Cancellations

Cancellation due to Force Majeure Event:

If the Host must cancel due to a Force Majeure Event, you will receive a full refund minus payment processing fees, or a credit for future use at your choice.

If cancellation occurs after you have checked in, the refund will be calculated on a pro-rata basis for unused nights.

Cancellation for other reasons:

If the Host cancels for any reason other than Force Majeure or breach of this Agreement by you:

• More than 14 days before check-in: Full refund including all fees
• Less than 14 days before check-in: Full refund including all fees, plus the Host will assist in finding alternative accommodation

Cancellation due to Guest breach:

If the Host cancels due to your breach of this Agreement or reasonable belief that you intend to breach material terms, no refund will be provided.

12.3 Unforeseen Circumstances

If the Property becomes unavailable due to an error in the booking system (such as a double booking), the Host will provide a full refund including all fees and will make reasonable efforts to assist you in finding alternative accommodation.

13. Use of the Property

13.1 Permitted Use

The Property is for short-term holiday accommodation only. You must not use it for any commercial purpose or illegal activity.

13.2 Guest Numbers

Only the number of guests specified in your booking may stay at or use the Property. Additional guests require prior written approval from the Host and may incur additional charges.

13.3 Substitution

The booking is for the named Guest and specified accompanying persons. You cannot transfer the booking to different people once confirmed without the Host’s written consent.

13.4 Check-in and Check-out Times

• Check-in: After 3:00 PM on arrival date
• Check-out: Before 10:00 AM on departure date

Early check-in or late check-out may be available by prior arrangement and may incur additional charges.

You must vacate the Property by the check-out time, removing all personal belongings and ensuring all accompanying persons have departed.

14. NSW Short-Term Rental Accommodation Requirements

14.1 Code of Conduct

You acknowledge and agree to comply with the NSW Code of Conduct for the Short-Term Rental Accommodation Industry, available at:

https://www.fairtrading.nsw.gov.au/resource-library/publications/code-of-conduct-for-the-short-term-rental-accommodation-industry

14.2 Exclusion Register

You confirm that neither you nor any person accompanying you is listed on the NSW Short-Term Rental Accommodation Exclusion Register, available at:

https://stra.fairtrading.nsw.gov.au/s/

If requested by the Host, you agree to provide identification or information to verify compliance with this requirement. Discovery that you or any accompanying person is listed on the Exclusion Register may result in immediate termination of your booking without refund.

15. Security Cameras and Property Monitoring

15.1 External Video Surveillance

Video security cameras are installed at the Property in the following locations:

• Front entry area
• Backyard
• Deck area

These cameras record video only (no audio) and are used for security and remote property management purposes.

15.2 Your Consent

By confirming your booking, you consent to video recording in these external areas during your stay.

15.3 Remote Property Management

As the Property is remotely located, the Host uses camera footage for routine property management including:

• Confirming guest check-in and check-out times
• Verifying cleaning service attendance and completion
• Monitoring property security and condition
• Investigating suspected damage or compliance issues
• Responding to security incidents or safety concerns
• Complying with legal requirements or law enforcement requests

16. House Rules and Conduct

You agree to comply with the following House Rules during your stay:

16.1 Smoking

Smoking (including e-cigarettes and vaping) is prohibited inside the Property, and anywhere on the property grounds.

16.2 Pets

No pets are permitted unless expressly agreed in writing by the Host before your arrival.

16.3 Parties and Events

No parties, events, or gatherings are permitted at the Property without prior written consent from the Host.

16.4 Noise and Neighbours

Please be respectful of neighbours. Excessive noise, particularly after 10:00 PM or before 8:00 AM, is not permitted.

16.5 Property Care

You agree to:

• Keep the Property in a clean and tidy condition
• Use all appliances and facilities in accordance with provided instructions
• Turn off air conditioning when leaving the Property vacant
• Report any damage, faults, or maintenance issues promptly to the Host
• Take reasonable care with keys (lost keys may incur a replacement fee of $50)

16.6 Departure Checklist

Before checking out, please:

• Wash and put away all used dishes, or load and run the dishwasher
• Place all rubbish and recycling in the external bins provided
• Secure all doors and windows
• Return keys as instructed

16.7 Legal Compliance

You must comply with all applicable laws and regulations. You are solely responsible for any fines, penalties, or fees resulting from your non-compliance.

16.8 Illegal Activities

No illegal activities or prohibited substances are permitted at the Property.

17. Liability and Insurance

17.1 Guest Responsibility

You are responsible for your own actions and the actions of all persons accompanying you at the Property. This includes responsibility for any damage, loss, or injury they cause.

17.2 Personal Belongings

The Host is not responsible for any loss, theft, or damage to your personal belongings or those of your accompanying persons. You should ensure your belongings are adequately insured.

17.3 Personal Injury

You are responsible for your own safety and the safety of all persons accompanying you, including proper supervision of children.

17.4 Host’s Liability

Nothing in this Agreement excludes or limits the Host’s liability that cannot be excluded or limited under Australian Consumer Law

Subject to the above, the Host’s liability for any breach of this Agreement or consumer guarantee is limited to:

• Re-supplying the accommodation services, or
• Payment of the cost of having the services re-supplied

17.5 Your Insurance

You are strongly encouraged to obtain travel insurance that covers accommodation cancellations, personal liability, and personal belongings.

18. Safety Warnings and Acknowledgments

18.1 Beach and Water Safety

IMPORTANT: Local beaches are not patrolled by lifeguards. Swimming, surfing, walking or fishing on the rocks, and water activities carry serious risks including risk of drowning or injury. You acknowledge these risks and agree that:

• The Host is not liable for any injury, death, or loss occurring during beach or water activities
• You will exercise appropriate caution and follow safety guidelines
• You are responsible for assessing conditions and your own capabilities before engaging in water activities
• You will not walk, fish or engage in any activities on or around the rocks
• Children must be supervised at all times near water

18.2 Wildlife

The surrounding area is home to native wildlife including snakes, kangaroos, emus, and other animals. You acknowledge that:

• Wildlife interactions carry risks of injury
• You should maintain a safe distance from all wildlife
• You should not feed, approach, or disturb wildlife
• The Host is not liable for any wildlife-related injuries

For wildlife safety information, visit: https://www.nationalparks.nsw.gov.au/safety/wildlife-encounters

18.3 Property Features

The Property may have features that require care, including stairs, decks, outdoor areas, and appliances. You are responsible for using all areas and features safely.

19. Termination and Early Departure

19.1 Material Breach

If you materially breach this Agreement, the Host may terminate your booking. Material breaches include but are not limited to:

• Causing significant damage to the Property
• Engaging in illegal activities
• Hosting unauthorized parties or events
• Exceeding maximum occupancy
• Creating serious disturbances or nuisance
• Violating the Exclusion Register prohibition

19.2 Termination Process

If the Host believes you have materially breached this Agreement:

1. The Host will notify you in writing of the alleged breach
2. Where safe and reasonable to do so, you will be given an opportunity to remedy the breach within a reasonable timeframe
3. If the breach is not remedied or cannot be remedied, the Host may require you to vacate the Property
4. In cases of serious breach, illegal activity, or immediate safety concerns, the Host may require you to vacate the Property immediately

19.3 Consequences of Termination

If your booking is terminated due to your breach:

• No refund will be provided
• You remain liable for any damage or losses caused
• You must vacate the Property within the timeframe specified by the Host
• If you refuse to vacate, the Host may seek assistance from local authorities or apply for appropriate legal orders

19.4 Continued Occupancy Charges

If you fail to vacate the Property when required, you agree to pay:

• Daily accommodation charges at the highest daily rate ($699 per day) for each day of continued occupancy, plus
• Reasonable costs the Host incurs due to your refusal to vacate, including lost revenue from cancelled bookings

19.5 Early Departure by Choice

If you choose to depart early for any reason other than Host breach or Force Majeure Event, no refund will be provided.

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PART 3: PRIVACY POLICY

20. Information Collection and Use

20.1 For Bookings Made Through Our Website

If you booked directly through the Paradise Retreat website, we collect your information during the booking process. Our website uses cookies and similar technologies to facilitate bookings and improve user experience. See Section 3 for details on cookie usage.

20.2 For Bookings Made Through Third-Party Platforms

If you booked through a third-party platform (Airbnb, Booking.com, VRBO, etc.), that platform has shared your booking information with us as disclosed in their privacy policy. We use this information to manage your booking and provide our services.

20.3 Information We Collect

The Host collects your personal information to process and manage your booking, communicate with you, and comply with legal obligations.

Information collected includes:

• Name, contact details, and payment information (during booking or received from booking platforms)
• Identity verification information (if required under Section 14.2)
• Security camera footage from external cameras (see Section 15 for full details)
• Additional information when you use Property WiFi services (see WiFi Privacy Policy for details during WiFi sign-up)
• Website usage data and cookies (see Section 3)
• Booking history and preferences
• Communications with us (emails, messages, calls)

The Host may link information from your booking with WiFi usage data to:

• Understand guest preferences and visit patterns
• Provide better service
• Determine eligibility for special offers or loyalty benefits (if applicable)

21. How Information is Used

Your personal information is used to:

• Process and manage your booking
• Facilitate your use of our Website and booking platform
• Communicate with you about your stay and respond to inquiries
• Verify your identity and prevent fraud
• Comply with legal obligations including taxation and short-term rental regulations
• Maintain records for security and dispute resolution purposes
• Monitor and improve Website functionality and user experience
• Improve services based on guest feedback and usage patterns
• Send marketing communications (only if you opt in)
• Ensure compliance with NSW Code of Conduct and Exclusion Register requirements

22. Privacy Laws and Your Rights

Your personal information is handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

You have the right to:

• Access your personal information held by the Host
• Request correction of inaccurate or incomplete information
• Request deletion of your information (subject to legal retention requirements)
• Withdraw marketing consent at any time
• Opt out of non-essential cookies through your browser settings
• Make a complaint to the Australian Privacy Commissioner if you believe your privacy has been breached

To exercise these rights, contact the Host at: hello@paradiseretreat.com.au

23. WiFi Service Privacy

When you use the WiFi service at the Property, additional information is collected as described in the WiFi Privacy Policy displayed during the WiFi login process. This includes device information, connection data, and usage information for network security and service quality purposes.

24. Marketing Communications – Opt In

The Host may offer you the opportunity to receive marketing and promotional communications about this Property and other properties or services offered by the Host.

Consent is optional and may be provided:

• During the booking process via an optional checkbox, or
• When connecting to the Property WiFi via an optional checkbox

If you choose to opt in to marketing communications, you may withdraw your consent at any time by:

• Clicking “unsubscribe” in any marketing email, or
• Contacting the Host at hello@paradiseretreat.com.au

25. Data Security

The Host takes reasonable steps to protect your personal information from misuse, interference, loss, and unauthorised access, modification, or disclosure.

Security measures include:

• Secure encryption for payment processing
• Restricted access to personal information
• Secure servers and data storage
• Regular security assessments
• Staff training on privacy and data protection

However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your personal information, you understand that we cannot guarantee absolute security.

26. Sharing of Personal Information

The Host does not sell, trade, or rent your personal information to third parties. We may share generic aggregated demographic information that is not linked to any personal identification information with business partners or service providers for analytical purposes.

Personal information may be shared with:

• Service providers: Third parties who assist with website hosting, payment processing, cleaning services, property maintenance, and other operational needs (under strict confidentiality obligations)
• Booking platforms: If you booked through a third-party platform, certain information may be shared with them for booking management and dispute resolution
• Legal and regulatory authorities: When required by law or to comply with legal obligations
• Emergency services: In case of emergency or safety concerns

Personal information may only be shared as described in this section or as required by law.

27. Data Retention

Personal information is retained for as long as necessary to fulfill the purposes outlined in this section and to comply with legal obligations.

• Booking and financial records: Typically 7 years (for tax and legal compliance)
• WiFi usage logs: Up to 2 years (for security purposes)
• Security camera footage: Typically 2 months (unless required for investigation or legal purposes)
• Marketing communications records: Until you withdraw consent or request deletion
• Website cookies: As specified in your browser settings and our cookie policy

28. International Data Transfers

Your personal information is primarily stored and processed in Australia. However, some of our service providers (such as payment processors and website hosting services) may be located overseas. When we transfer data internationally, we ensure appropriate safeguards are in place to protect your information in accordance with Australian privacy laws.

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PART 4: GENERAL PROVISIONS

29. Dispute Resolution

29.1 Initial Communication

If any issue or dispute arises during your stay or after departure, both parties agree to first attempt to resolve the matter through direct communication in good faith.

29.2 Booking Platform Dispute Resolution

If the booking was made through a third-party platform (such as Airbnb, Booking.com, or VRBO), you may use that platform’s dispute resolution service.

29.3 NSW Fair Trading

For disputes that cannot be resolved directly, you may contact NSW Fair Trading for assistance:

https://www.fairtrading.nsw.gov.au/

29.4 Tribunal or Court

Unresolved disputes may be referred to the NSW Civil and Administrative Tribunal (NCAT) or appropriate court.

30. Australian Consumer Law

Nothing in this Agreement excludes, restricts, or modifies any consumer rights or guarantees provided under the Australian Consumer Law or other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement.

If you are a “consumer” under the Australian Consumer Law, you have certain statutory rights including consumer guarantees that:

• Services will be rendered with due care and skill
• Services will be fit for the purpose disclosed
• Services will be provided within a reasonable time

These rights cannot be waived or limited by this Agreement.

31. Limitation of Liability – Website Use

To the maximum extent permitted by law:

• The Website and its content are provided “as is” without warranties of any kind
• We do not warrant that the Website will be uninterrupted, error-free, or free from viruses
• We are not liable for any indirect, incidental, or consequential damages arising from your use of the Website
• Our total liability for any claims related to Website use is limited to the amount you paid for your booking (if applicable)

This limitation does not apply to liability that cannot be excluded under Australian Consumer Law.

32. Indemnification

You agree to indemnify, defend, and hold harmless the Host, its agents, and employees from any and all claims, liabilities, costs, or expenses (including legal fees) arising directly or indirectly from:

• Your use of the Website or Property
• Your breach of these Terms and Conditions
• Your violation of any laws or rights of third parties
• Content you submit to the Website

33. General Provisions

33.1 Entire Agreement

This Agreement constitutes the entire agreement between you and the Host and supersedes all prior discussions, representations, or agreements.

33.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

33.3 Waiver

Failure by the Host to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision.

33.4 Amendment

The Host may update these Terms and Conditions from time to time. Updates will apply to bookings made after the effective date of the change. For Website use, continued use after changes are posted constitutes acceptance. You are responsible for reviewing the current terms before each booking.

33.5 Assignment

You may not transfer or assign your rights or obligations under this Agreement without the Host’s written consent. The Host may assign this Agreement to a successor or affiliate.

33.6 Governing Law

This Agreement is governed by the laws of New South Wales, Australia. You and the Host submit to the non-exclusive jurisdiction of the courts of New South Wales.

33.7 Notices

Any notices under this Agreement must be sent to:

• To Guest: The email address provided in the booking or account
• To Host: hello@paradiseretreat.com.au

34. Contact Information

For questions about these Terms and Conditions, your booking, or our privacy practices:

Email: hello@paradiseretreat.com.au

35. Acknowledgment and Agreement

By using our Website or confirming your booking, you acknowledge that:

1. You have read and understood these Terms and Conditions in their entirety
2. You agree to be bound by all terms, including Website Terms, Property Rental Terms, and Privacy Policy
3. You will ensure all persons accompanying you are aware of and comply with these Terms and Conditions
4. You accept responsibility for the actions of all persons accompanying you at the Property
5. The information you have provided is true and accurate
6. You understand your rights under Australian Consumer Law
7. You have been advised to obtain appropriate travel insurance
8. You consent to the collection, use, and disclosure of your personal information as described in this Agreement

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Thank you for choosing Paradise Retreat!
We look forward to hosting you in Potato Point NSW.

Last updated: 19 October 2025