Terms and Conditions
Kahlo Bondi is proudly owned and managed by Furnished Properties Pty Ltd.
About the Website
The Website is operated by Furnished Properties Pty Ltd ABN 54 105 190 636 (Furnished Properties, FP, we, us or our). As the provider of the Website, FP manages all Listings and acts as an agent between Hosts and Guests (Services).
These terms and conditions (Terms) apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone and are a binding legal agreement between you (you, user, Guest, Host) and Furnished Properties that govern your use of the Website.
By accessing, browsing or using our Website (through whatever platform or device), you acknowledge and agree to have read, understood and agreed to be bound by the terms and conditions set out below (including the privacy statement).
FP reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FP updates the Terms, it will use reasonable endeavours to provide you with notice of updates. Any changes to the Terms take immediate effect from the date of their publication.
Enquiries and Reservations
Searching
You can search for properties by using criteria like the location of the property, dates, and number of guests. You can also use filters to refine your search results.
Making Enquiries
In order to book a Reservation, you must first submit an enquiry by providing the following information:
Your Full Name;
Your Best Contact Number;
Your email address;
Your current location or address;
Intended Arrival and Departure Dates; and
Number of guests.
Our friendly team will then contact you to confirm and/or finalise your Reservation. You agree that submitting an enquiry does not give rise to a Reservation and that FP may offer you a Reservation in its absolute discretion.
Should FP progress your enquiry, and should you wish to make a booking, you will be required to enter into a further agreement outlining the conditions of your Reservation between the Host and yourself.
You warrant that any information that you provide to FP in the course of completing an enquiry or making a booking will always be accurate, correct, and up to date.
Reservations.
A Reservation is a limited license to enter, occupy, and use the Accommodation in accordance with these Terms and any other agreement between yourself and FP.
FP retains the right to re-enter the Accommodation during your stay, to the extent:
it is reasonably necessary,
permitted by your contract with the Host, and
consistent with applicable law.
If you stay past checkout, FP has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties.
You may not exceed the maximum number of allowed Guests.
Booking Modifications, Cancellations and Refunds
Booking Modifications
Booking modifications may only be made by contacting FP directly. You agree to pay any additional amounts, fees, or taxes associated with any booking modification.
Booking Cancellation and Refunds
In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the applicable cancellation policy.
Stay under 28 nights:
Full refund for cancellations made within 48 hours of booking, if the check-in date is at least 14 days away
50% refund for cancellations made at least 7 days before check-in,
No refunds for cancellations made in 7 days before check-in.
Stay 28 nights or longer:
Full refund if cancelled within 48 hours of booking and at least 28 days before check-in.
After that, the deposit is non-refundable.
If cancel or shorten the booking after check in, 3 weeks notice is required (only applies on 2 months stay or longer)
However, in certain circumstances, other policies take precedence and determine what amount is refunded to you.
Fees and Payment
Where the option is given to you, you may make payment by way of:
Electronic Funds Transfer (ETF) into our nominated bank account;
Credit Card Payment (Credit Card);
PayPal (PayPal);
Cash (Cash); and/or
Cheque (Cheque).
You acknowledge and agree that where a request for payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges.
FP reserves the right to change the service fees at any time, and will provide users notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change.
Code of Conduct
As a letting agent under the Code of Conduct for the Short-term Rental Accommodation Industry (Code of Conduct), FP is obliged to act in accordance with the Code of Conduct.
As a user of our Services, you are also obliged to comply with the Code of Conduct at all times. This means among other things, that you must act honestly and in good faith in any dealings (including but not limited to dealings with us, Hosts, or their neighbours).
Please ensure that you read and understand the Code of Conduct before engaging our Services.
A copy of the Code of Conduct can be found here.
Your Responsibilities and Assumptions of Risks
Your Responsibilities
You must follow these rules and must not help or induce others to break or circumvent these rules. Among other things, you agree:
to use the Services and/or the Website only for the purpose as permitted by these Terms, any other agreement with us, the Code of Conduct, and any other applicable laws and regulations;
to not use the Services and/or the Website:
in connection with any commercial endeavours except those that are specifically endorsed or approved by FP;
for any illegal and/or unauthorized use (including but not limited to collecting email addresses of Guests by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website);
that any automated use of the Website or its Services is prohibited;
to not scrape, hack, reverse engineer, compromise or otherwise impair the Website; and
to always provide accurate and complete information.
Your Assumptions of Risk
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Website and any of its contents, including your stay at any Accommodation.
You agree:
to accept sole responsibility for the legality of your actions under the laws that apply to you; and
that we (including any affiliates, related entities, employees directors or agents) have no responsibility for the legality of your actions.
Disclaimer of Warranties.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties representations or conditions which are not expressly stated in the Terms are excluded;
we provide the Website, and all content therein, “as is” without warranty of any kind and we disclaim all warranties:
in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website;
for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
You should not rely on any information accessed using the Website to make a Reservation decision and should make your own enquiries before forming your own opinion and taking any action based on any such information;
Limitation of Liability.
FP (including any affiliates, related entities, employees directors or agents) will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress (Loss) arising out of or in connection with among other things:
these Terms (including as a result of not being able to use the Service or the late supply of the Services);
the use of or inability to use the Website or any content;
any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Website; and/or
booking of a Listing,
whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at FP’s option), indemnify, and hold FP (including any affiliates, related entities, employees directors or agents) harmless from and against any claims, liabilities, damages, losses and expenses (including, without limitation, reasonable legal and accounting fees on a full indemnity basis) arising out of or in any way connected with:
your breach of these Terms;
your use of the Website;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so;
your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
Copyright and Intellectual Property
The Services, the Website and the compilation of the Website (including by not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features, or our business name, trading name, domain name or industrial design) (Intellectual Property) are subject to copyright, trademark and other intellectual property rights.
Unless otherwise indicated, FP retains all rights, title and interest in and to the Intellectual Property, and all related Services. Nothing you do on or in relation to the Website will transfer any Intellectual Property to you.
You must not broadcast, up-load to a third party, post, reproduce, transmit, communicate, adapt, distribute, sell, modify, adapt or change in any way, publish, or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by law or with our prior written consent.
General
Privacy
FP takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to FP’s Privacy Policy, which is available on the Website.
Severability
Part, or all, of any provision of these Terms that is illegal or unenforceable will be severed from these Terms and will not affect the continued operation of the continuing provisions of these Terms.
Survival
Parts of these Terms that by their nature survive termination, will survive termination of this agreement.
Governing Laws
These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales, Australia and both parties hereby submit to the jurisdiction of the courts of New South Wales.
Definitions
When used in these Terms:
Accommodation or Listing(s) means the properties offered by Hosts to Guests on the Website as managed by FP.
Australian Consumer Law means Competition and Consumer Act 2010 (Cth) Schedule 2.
Guest(s) means a person who is given the right to occupy the Accommodation for a specified period.
Host(s) means the owner of the Accommodation.
Reservation means a limited license to enter, occupy, and use the Accommodation in accordance with these Terms.
Website means the websites, applications, and other offerings from FP.