Introduction and General Information
These Terms of Use apply to your use of this website and in using this website you are agreeing to these Terms and Conditions. Coastal Retreats Palm Beach may amend these Terms and Conditions from time to time and without notice and by continuing to use the website you accept and agree to be bound by all changes.
Intellectual Property Rights
All copyright, trademarks, design rights, patents and other intellectual property rights (both registered and unregistered) in and on this website and all content (including any applications) located on the site shall remain the sole property of Coastal Retreats Palm Beach or its licensors.
You must not:
- republish material from this website without prior written consent;
- sell or rent material from the website;
- reproduce, duplicate, copy or otherwise exploit material on the website in any way except for your own personal, non-commercial use; or
- redistribute any content from the website, including onto another website.
Acceptable Use of the Website
You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website.
Prohibited behaviour includes:
- harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within this website;
- the use of the website to send unsolicited commercial communications; and
- the use the content on the website for any marketing-related purposes without the express written consent of Coastal Retreats Palm Beach.
Restricted Access
Access to certain areas of the website is restricted and we may in the future determine to restrict access to all or parts of the website and reserve full rights to do so. If, at any time, Coastal Retreats Palm Beach provides you with a username and password for you to access restricted areas of the website, you must ensure that they are both kept confidential.
Disclaimer
Coastal Retreats Palm Beach endeavours to ensure that all content on this website is correct, however your use of this website is at your own risk and you should rely on your own independent enquiries to determine the accuracy of material available on this website. The material available is general information only and is subject to change without notice. The information held within this website should not be relied on as a substitute for legal, financial, real estate or other expert advice.
To the extent permitted by applicable law, we disclaim all representations and warranties with respect to the website and any material on it, either express or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose. In no event will Coast Retreats Palm Beach be liable for indirect, special, incidental or consequential loss or damage which may arise in respect of the site or its use, or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings, even if Coastal Retreats Palm Beach has been advised of the possibility of such loss.
Indemnity
You indemnify Coastal Retreats Palm Beach and its officers, employees, agents and related bodies corporate from and against all actions, suits, demands, damages, liabilities and costs arising out of, or in connection to the use of this website and our services by you or someone using your member identification and password.
Limitations of Liability
Coastal Retreats Palm Beach does not exclude liability for death or personal injury to the extent only that the same arises as a result of negligence for which Coastal Retreats Palm Beach is liable and otherwise will be limited as follows:
- this website and the information on it are provided free of charge and Coastal Retreats Palm Beach will not be liable for any loss or damage due to the use of information from this website;
- in the event that any exclusion or other provision contained in these Terms is held to be invalid for any reason and Coastal Retreats Palm beach becomes liable for loss or damage that could otherwise have been limited, such liability shall be limited to $100;
- Coastal Retreats Palm Beach does not warrant that functions available on the website will be uninterrupted or error-free, that defects will be corrected or that the server that makes the website available is available free of viruses and/or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements.
Miscellaneous
Without prejudice to the rights of Coastal Retreats Palm Beach under these Terms, if you fail to abide by these Terms when using the website, Coastal Retreats Palm Beach will take all necessary measures to ensure its protection including, but not limited to, informing relevant third parties such as your employer, school or internet provider about the infringement(s), and law enforcement agencies with respect to any serious violation.
Privacy Policy
Some of the information that you provide to us about yourself is subject to our Privacy Policy. For more information please see our Privacy Policy.
Entire Agreement
These Terms, together with the Coastal Retreats Palm Beach Privacy Policy, form the entire agreement between Coastal Retreats Palm Beach and you in relation to your use of this website. If any part of these Terms is determined to be illegal, invalid or otherwise unenforceable by reason of the laws applicable, then to the extent and within the jurisdiction in which such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Term and the remaining part of the Terms shall survive and continue to be binding and enforceable.
Law and Jurisdiction
These Terms and all use of the site are governed by the laws in force in New South Wales, Australia and any issues arising shall be dealt with by the courts exercising jurisdiction in that State.
INDUSTRY STANDARDS – NSW FAIR TRADING
In keeping with Industry Standards and Compliance – please the The Code of Conduct for the Short Term Rental Accommodation Industry for your reference.
Part A: Introduction
Short-term rental accommodation is a long-standing practice throughout New South Wales, most
commonly associated with holiday letting. Many NSW families spend part of their summers in
coastal and regional communities and those communities may depend on seasonal tourism to
provide a regular boost to the local economy.
Short-term rental accommodation does not involve purely commercial accommodation providers
such as hotels, motels and bed and breakfast establishments. It generally involves residential
dwellings that may also be used by the owners for their own accommodation at times.
The advent of online accommodation booking services (booking platforms) has seen a significant
increase in short-term rental accommodation. Booking platforms have made it much easier for
letting agents and hosts to advertise and promote properties and for guests to find suitable short term accommodation. In addition, short-term rental accommodation in residential premises is now
not only used for holidays but also for business travel, emergency accommodation and special
events, across a range of premises including free-standing dwellings and apartment buildings in
urban and regional centres.
Despite the economic benefits that can flow to local economies and homeowners using their
property for short-term rental accommodation, there can be amenity impacts on residential
neighbours resulting from inconsiderate or anti-social behaviour by some short-term rental
occupants. It is important to ensure that our laws continue to support local economies while
ensuring residential neighbours can enjoy the amenity of their homes without unreasonable
disturbance. This code of conduct responds to this need by establishing behavioural obligations for
short-term rental accommodation participants.
In recent years, there has been an increasing focus on the regulation of the short-term rental
industry around the world. In June 2018, the NSW Government announced that there would be a
new regulatory framework to manage short-term rental accommodation. The key elements of the
framework are:
• a state-wide planning framework to achieve consistency and certainty across local planning
controls
• a code of conduct to apply to online accommodation platforms, letting agents, facilitators,
hosts and guests
• changes to strata laws to allow owners corporations to adopt by-laws that prohibit nonresident lot owners from offering short term rentals
• a mandatory short-term rental accommodation premises register.
This code of conduct is mandatory and applies to all short-term rental accommodation industry
participants.
Part B: Objectives
The principal objectives of this code are to:
(a) set out the rights and obligations of short-term rental accommodation industry participants
(b) provide for resolution of disputes and complaints about the conduct of short-term rental
accommodation industry participants
(c) outline the compliance and enforcement approach that applies to contraventions of the
code by short-term rental accommodation industry participants
(d) facilitate the oversight of the short-term rental accommodation industry.
Part C Definitions
Act means the Fair Trading Act 1987.
association and association property have the same meaning as in the Community Land
Management Act 1989.
booking platform means a person who, in trade or commerce, provides an online booking service that enables persons to enter into short-term rental accommodation arrangements.
by-law means any by-law in force for a strata scheme or any by-law contained in a management
statement (as defined in the Community Land Management Act 1989).
Commissioner means the Commissioner for Fair Trading in the NSW Department of Customer
Service.
common property has the same meaning as in the Strata Schemes Management Act 2015.
community scheme has the same meaning as in the Community Land Development Act 1989.
facilitator means the prescribed classes of short-term rental accommodation industry participants in clause 11B of the Regulations.
guest means a person who, pursuant to a short-term rental accommodation arrangement, is given the right to occupy the residential premises to which the arrangement relates.
host means a person who, pursuant to a short-term rental accommodation arrangement, gives
another person the right to occupy the residential premises to which the arrangement relates.
letting agent means a person who carries on business as an agent to enable persons to enter into
short-term rental accommodation arrangements.
Minister means the Minister responsible for the administration of the Fair Trading Act 1987.
occupancy period means the period for which a guest may occupy residential premises under a
short-term rental accommodation arrangement.
ordinary hours means 8.00am to 5.00pm every day of the week.
planning laws means the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, and any environmental planning instrument made under those laws (including the State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation)), but excluding any development consent imposed under the Environmental Planning and Assessment Act 1979.
Regulations means the Fair Trading Regulation 2019.
Secretary means the Secretary of the Department of Customer Service.
short-term rental accommodation arrangement has the same meaning as in section 54A of the Act.
short-term rental accommodation industry participant, or industry participant, has the same meaning as in section 54A of the Act.
short-term rental accommodation premises, or premises, means any residential premises located in New South Wales that are subject to a short-term rental accommodation arrangement, or are being offered for the purposes of entering into a short-term rental accommodation arrangement. Where the premises are located in a strata or community scheme, the premises include the common property or association property in that scheme.
short-term rental accommodation premises register, or premises register, means the register of short-term rental accommodation hosts and premises administered by the Department of Planning, Industry and Environment.
premises register operator, or operator, means the Department of Planning, Industry and
Environment.
strata scheme has the same meaning as in the Strata Schemes Development Act 2015.
strike means a record of a contravention of this code made against a host, guest, or premises with respect to a host and identified as a strike.
Tribunal means the New South Wales Civil and Administrative Tribunal.
visitor means any person who, with the guest’s consent, is present at the premises at any time
during the occupancy period of a short-term rental accommodation arrangement.
Coastal Retreats Palm Beach is a registered business name owned by Coastal Office Services Pty Limited ABN 71 112 927 401.