LEJANO BREMER BAY

Terms and Conditions

(Updated December 2022)

Thank you for making a booking with Lejano Bremer Bay. The Terms and Conditions that apply to all bookings are provided and you are asked to read and understand this prior to arrival. By us providing these terms and conditions to you, you are deemed to have read and fully understood them.
  1. DEFINITIONS:
    "Booking" means the period for which you have paid to stay at the Property. "Property" means Lejano Bremer Bay and all its land, buildings, fixtures, fittings and equipment. "Management" means the owners and managers of the Property. "Booking Guest" means the person that booked the accommodation. "Guests" means the persons authorised to stay overnight in the Property during the Booking. "Visitor" means a person a Guest permits to visit the Property during the Booking. "Third Party Contractor" means any person or business that visits the property to provide goods or services of any kind.

  2. ACCEPTANCE & RESPONSIBILITY:
    Placement of a booking constitutes acceptance of these Terms and Conditions.

  3. GUEST BOOKING DETAILS:
    We agree to keep your details secure and will never share these details beyond our payment system, except where required by Australian law or as required to allow us to prosecute a breach of these terms and conditions. We use a fully PCI DSS compliant system to process, store and transmit credit card information within a secure environment.

  4. PAYMENT TERMS:
    The deposit of 20% is required to secure your booking and must be paid by credit card and incurs an additional 2.6% bank-imposed fee. The deposit is charged to the credit card provided when the booking is received. The accommodation booking will not be confirmed until the Guest’s deposit payment is received and cleared. You will receive a confirmation and receipt via email. Full payment must be received 14 days prior to your arrival. Once your accommodation has been paid in full you will receive a welcome email with a location map, instructions for obtaining keys and contact details for our local property manager.

  5. CHECK IN AND CHECK OUT TIMES:
    Check in time is after 3pm on day of arrival. Check out is at 11am sharp. Prior written approval is required for any variation from these times that falls before our standard check in time or after our latest departure time. An early check in or late check out may be possible with prior written approval so please make this request at the time of booking. We will endeavour to accommodate such a request but to ensure the house is properly prepared for the arrival of the next guest we cannot guarantee this choice. Please accept our apologies if we are unable to provide an early check in or late check out.

  6. CANCELLATION:
    If, for any reason, you cancel your booking more than 14 days prior to arrival the deposit will be forfeited as a cancellation fee. For cancellations made within 14 days of arrival, irrespective of the reason, the full cost of your stay is non-refundable. A variation of the Booking which reduces the number of nights stay will be a treated as a cancellation of the Booking in respect of those nights. We have a minimum number of nights stay policy that varies depending on the season (High, Shoulder, Low). No refund for any unused nights will be made for a variation that breaches our minimum number of nights stay policy. For all cancellations if Management is able to relet the Property for part or all of the period cancelled a pro-rata refund will be made less administration charges of $50 and any third-party commissions associated with the booking. We strongly advise that you take out travel insurance to protect yourself against unexpected changes to your travel plans.

  7. SECURITY BOND:
    To complete your booking a Guest Registration form will be provided that must be filled in, signed and returned prior to your arrival date. Please read this carefully, the Guest Registration form gives us authority to deduct funds from your credit card to pay for breakages, additional cleaning or any damage caused during your stay (subject to normal wear and tear exemptions). A security bond credit card pre-authorisation of $500 will be processed 1 day prior to your arrival. (This amount will remain as ‘unavailable funds’, for up to 14 days after departure. Please blame the banks for this delay which we consider to be excessive. Funds are not held by Lejano Bremer Bay so we gain no direct financial benefit from this process). Please note that no money will be deducted from your card unless we need to make a claim against your security deposit. Any claims against your security bond may include but are not limited to excess cleaning fees (charged at $60/hr), replacement cost for breakages at the property (normal wear and tear excepted), late check-out (charged at $50/hr unless pre-authorised in writing by the Management). We agree to keep your details secure and will never share these details beyond our payment system, except where required by Australian law or as required to allow us to prosecute a breach of these terms and conditions. We use a fully PCI DSS compliant system to process, store and transmit credit card information within a secure environment.

  8. UNAVAILABILITY:
    If the Property becomes unavailable for your occupancy due to any unforeseen circumstances (e.g. fire, storm, damage, etc) then Management will inform you immediately and endeavour to obtain suitable alternative accommodation for your occupancy; failing which any moneys paid will be refunded in full. Guests accept that in these circumstances they have no claim against Lejano Bremer Bay for any other cost associated with a cancellation beyond the value of the booking made, except where required by Australian law.

  9. MAXIMUM NUMBER OF GUESTS AND VISITORS:
    The maximum number of guests must not be exceeded without prior written agreement. The maximum number of quests are:
    Full House (Casa Lejano) – Not to exceed 6 persons, Main House (Villa Lejano) – Not to exceed 4 persons, Small House (Cabana Lejano) – Not to exceed 2 persons.

  10. If for any reason there is a change to the number of guests occupying the property, the owner or Booking Agent must be informed in writing immediately. If written approval is given for an increase in the number of guests beyond these maximums, an additional charge may be payable for each extra guest. In the event that this clause is breached, the owners reserves the right to immediately evict all tenants and payment will be forfeited. Guests may host visitors during their stay, but visitors are not permitted to stay overnight in the house or anywhere on the property under any circumstances. The Booking Guest is fully responsible for any visitors including any damage or antisocial behaviours during their time at the property. The number of short-term visitors cannot be greater than the number of permitted guests (i.e. 6 visitors permissible for Casa Lejano, 4 for Villa Lejano and 2 for Cabana Lejano). The maximum number of guests and visitors allowed on the Property does not extend to the use as a venue for any FUNCTION, PARTY or for any COMMERCIAL PURPOSE, which is strictly prohibited.

  11. GUEST RESPONSIBILITIES:
    It is a condition of your booking that you take all reasonable care to look after the property and all the furnishings and equipment included in the property. Any faults, damages or breakages must be reported to the Owner, Booking Agent or a representative of the booking agent as soon as possible. On departure the property must be left in a clean and tidy state. A checklist that describes our minimum expectations will be provided with our arrival information. A cleaning allowance is included in your tariff but this assumes guests have left the house in the required state. All rubbish must be removed from the house on departure and placed in the bins provided near the top of the driveway. No food or any type should be left by the guest. Guests are responsible for the putting out to the street and collection of the bins where your stay coincides with collection days. Collection happens at 7AM each Tuesday morning. Bins must not be brought down to the house as this attracts unwanted vermin.

    IN THE EVENT THAT THE PROPERTY IS NOT LEFT CLEAN AND TIDY AND CONSISTENT WITH THE OBLIGATIONS OUTLINED IN THE DEPARTURE CHECKLIST THE GUEST WILL BE LIABLE FOR THE COST OF EXCESS CLEANING WHICH WILL BE SUBTRACTED FROM THE SECURITY DEPOSIT OR CHARGED WITHOUT NOTICE TO THE CREDIT CARD PROVIDED AT A RATE OF $60 PER HOUR.

    Guests are to ensure that all property is kept secure with doors and windows securely locked when away from the house during and at the completion of their stay. Unless otherwise instructed by the Management in writing all house keys must be returned to the lock box prior to departure.

    Our property is non-smoking and you must not smoke inside the house for the duration of your stay. Smoking is allowed outside of the house providing extreme care is taken to avoid the risk of bushfire and you remove all butts and rubbish. For bookings of the main house or the small house noise must be kept to a minimum after 10PM and we ask you to respect the privacy of other guests. The washing line is shared but please refrain from approaching any part of the house that is not included in your booking and do not move any outdoor seating or equipment. All furniture, furnishings and equipment must be left in the position they were in when you first arrived at the property. For Casa Lejano guests please ensure anything sourced from the small house is returned to its original location. Guests are required to adhere to all Shire of Jerramungup regulations, including those related to maximum guest numbers, excessive noise, nuisance and fire limitations. Guests agree not to cause or permit nuisance at the property that includes excessive noise, disruptive or anti-social behaviour. Excessive noise after 9PM Sunday through Thursday and 10PM on Friday and Saturday would constitute a breach of the agreed terms and conditions of your booking. Guests agree not to burn candles unsupervised within the premise. No open fires are permitted outside at any time. Gas barbeque facilities may be used providing this is done in a safe and supervised manner.

    Lejano Bremer Bay is rented for holiday accommodation purposes only and cannot be used as function venue e.g. for a wedding or any kind of party without prior written permission. Functions, large gatherings or any unauthorised commercial activities are not permitted and, if evidenced, may be closed down immediately. Guests may be evicted and/or any payments received will be forfeited in full.

  12. PERMITTED USES:
    Lejano Bremer Bay is rented for holiday accommodation purposes only and cannot be used as a function venue (e.g. for a wedding or any kind of party) without prior written permission. Functions or gatherings (that exceed maximum occupancy limits described in Item 9 of these terms and conditions), or any unauthorised commercial activities are not permitted and, if evidenced, may be closed down immediately. Guests may be evicted and/or any payments received will be forfeited in full.

  13. THIRD PARTY CONTRACTORS:
    A third-party contractor may not visit the house or property without prior written approval from the management. Such visits may be possible, but approval is solely at the discretion of the Management and will require sighting of Public Liability Insurance for any approved activity.

  14. TOTAL FIRE BAN:
    NO FIRES ALLOWED OUTSIDE AT ANY TIME
    Bremer Bay, the Point Henry Peninsula and Lejano Bremer Bay are located within a bush-fire prone area and extreme caution is required. To comply with Shire of Jerramungup regulations specific to use of a property as a short-term holiday rental a TOTAL FIRE BAN IS IN PLACE 365 DAYS A YEAR. Under these restrictions it is illegal to light any fire outside including the use a BBQ that uses solid fuel (gas BBQ is allowed), any outdoor wood-fired pizza oven (including our chiminea), stove, or fire pit. This restriction does not apply to the internal wood heater. Evidence of a fire being lit anywhere outside on the property will result in an immediate termination of your rental without refund and reporting of the incident to the Shire of Jerramungup and to the Police.

  15. PETS:
    Pets of any kind are not permitted on the property at any time (Guide dogs exempted) without prior written consent of the Management. Any breach of this condition will result in forfeit of all monies paid, eviction and a $60/hr cleaning charge for additional cleaning required.

  16. GUEST'S PROPERTY:
    All personal belongings, baggage, vehicles and other property of the Guest of any description shall be the risk of the Guest at all times and neither the Booking Agent nor the Owner accepts any responsibility or liability for any loss or damage irrespective of how it occurs.

  17. BOOKING AGENT:
    Bookings made through a third party will remain subject to the terms and conditions outlined in this document as well as any additional requirements enforced by the booking agent. The contract for accommodation shall not be effective until payment has been received and the Booking Agent sends the Guest written confirmation of the booking. The Guest acknowledges that the Booking Agent acts as an agent of the Owner only and not as a principal.

  18. LEJANO BREMER BAY INTELLECTUAL PROPERTY RIGHTS:
    Use of content (e.g. photography or video) acquired at the property cannot be used for commercial purposes without prior written agreement from the Management. This includes use for social media, print media, broadcast media, website content or any other commercial use. No restriction is placed on the use of content in any format for personal use, including social media accounts, providing it is not deemed illegal under the laws of Western Australia or the Commonwealth of Australia.

  19. PROBLEMS OR COMPLAINTS:
    In the case of any problem or complaint, you must inform the Property Manager at the earliest opportunity so Management can rectify the situation as quickly and efficiently as possible. For urgent repairs (e.g. to restore or make safe electrical, gas or water supply) you must allow repair/service access to the property. Any complaint, which cannot be resolved locally, must be notified in writing to Management prior to departure from the Property (email to info@lejano.com.au). Failure to follow this procedure this may hinder the ability of Management to rectify the problem or complaint and reduce or extinguish any claim you may have.

  20. LIABILITY:
    Without exclusion or limitation of your statutory consumer rights, Lejano Bremer Bay, Management, staff and any agents will not be liable for any losses, damages, liability, claim or expense (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with our accommodation. We make no warranty or representation as to the fitness or suitability of any product or service displayed on our Site or any linked site. Where our liability cannot be excluded, to the extent permitted by law such liability is limited to the value of the Booking made. You acknowledge that you will be liable for any illegal, improper, or inappropriate behaviour and you agree to indemnify us from any claim, demand or loss arising out of your breach of this agreement, your violation of the law or the rights of a third party, or your use of this property.