Mandalay Luxury Stay

Terms & Conditions
These Terms and Conditions regulate the provision of short-term accommodation between
STAY YOUR WAY and its guests.
1. BOOKING AND CANCELLATION – DIRECT BOOKINGS
(a) Payment Terms
(i) To book a property directly with STAY YOUR WAY, we require that you pay an initial
deposit of 50% of the full booking tariff. If you have not already organised payment with us,
your balance payment will be processed automatically 30 days prior to your arrival. If we are
unable to process payment and contact you requesting payment, and you fail to make a
payment due to us in full and on time, we may treat your booking as cancelled by you.
(ii) If your booking is for a period longer than 30 days, your booking may be split into two or
more instalment payments, with 50% of the first instalment due as a deposit and the
balance of the first instalment due 30 days prior to your specified arrival date. You authorise
us to automatically process each subsequent instalment as and when it is due.
(iii) If you make a booking within 30 days from your specified arrival date, you must pay the
full amount (or full first instalment payment for bookings over 30 days) at the time of
booking.
(iv) Once the initial deposit or full payment has been received, you will receive an email
confirming your booking. The contract between us will only be formed when you receive the
payment confirmation email and is subject to these booking conditions.
(v) You should carefully check the details of your booking before making any payment, as
well as the confirmation email after payment, and inform us immediately of any errors or
omissions.
(vi) On the day prior to your arrival, STAY YOUR WAY will pre-authorise a security deposit
payment on the credit card details with which we have been provided. The security bond
may be used for any repair and/or replacement of the property, furnishings, fixtures and
fittings, any excess cleaning that may be necessary after your stay, or payment of penalties
for overstaying or breach of house rules. The pre-authorisation will be released within 7 days
following your departure, less any deductions in accordance with the conditions listed
above. Furthermore, STAY YOUR WAY will be entitled to make further deductions from this
credit or debit card over and above the pre-authorisation should such charges be required.
(b) Cancellation and Amendments – if caused by You
(i) If you need to cancel or amend your booking, please notify us as soon as possible. A
cancellation or amendment will not take effect until we receive confirmation in writing or via
email from you.
(ii) If you cancel your booking 60 DAYS prior to your arrival or earlier, we will refund your
deposit immediately.
(iii) If you cancel your booking between 30 and 59 days prior to your arrival, the cancellation
cost will be 50% of the booking. You will therefore not be refunded your deposit payment.
(iv) If you cancel your booking between 0 and 29 days prior to your arrival, the cancellation
cost will be 100% of the booking. As you will have already paid the balance payment, no
payments will be refunded. We always recommend you take out travel insurance to cover
any unforeseen last-minute cancellations.
(c) Cancellations and Amendments – if caused by Us
(i) STAY YOUR WAY will make every effort to ensure the property is available as booked.
However, STAY YOUR WAY reserves the right to make alterations to bookings due to
unforeseen circumstances (e.g. fire, flood, property damage, etc). We would not expect to
have to make any changes to your booking, but sometimes problems occur, and we may
have to make alterations or, very occasionally, cancel bookings.
(ii) If this does happen, we will contact you as soon as is reasonably practical and inform you
of the cancellation or the change to your booking. If we cancel your booking, we will refund
you any fees you have already paid to us. However, we will not be liable to refund you for
any fees you may have paid to any third party in connection with your holiday (including,
without limitation, fees for travel, entertainment, activities or insurance).
2. BOOKINGS & CANCELLATIONS THROUGH ONLINE TRAVEL AGENCIES (OTAs)
(a) Where payments are processed by STAY YOUR WAY, payment policies will reflect those
outlined in clause (a) above.
(b) Where payments are processed by STAY YOUR WAY, cancellation policies will be as stated
within the OTA where relevant.
(c) Where payments are made by the guest directly to the OTA, payment and cancellation
policies will be as stated within the OTA.
3. FEES AND CHARGES
(a) You agree to pay the accommodation fees as set out in the booking summary without
deduction. You also agree to discharge the cost of any damage to the property or contents,
and to pay any fees in relation to overstaying or breach of house rules.
(b) By accepting these terms you agree to pay the accommodation fees in full, and you
authorise STAY YOUR WAY to collect the full amount referred to in the booking summary
immediately, unless your booking falls under the conditions set out in section 2 where
payments are not processed by STAY YOUR WAY. If you fail to turn up to a booking or
check-in, then you will be responsible for the entire accommodation fees for the booking
(and you hereby authorise STAY YOUR WAY to deduct such sums from the credit or debit
card details which you supplied when making the booking).
(c) All transactions are processed in Australian Dollars.
(d) All fees and charges will be collected by STAY YOUR WAY (aside from the scenarios set out
in section 2).
(e) STAY YOUR WAY charges GST.
4. CHECK-OUT
Your check-out time is as stated in the booking summary. Unless you have agreed to a late
check-out with STAY YOUR WAY or a further period of occupation, then you will be liable for
an additional full day’s accommodation fee per day (or part thereof) for any unauthorised
overstaying. If we have a booking due to arrive on the day of your scheduled departure, our
cleaners arrive after your check-out time, and you have not checked out and we are unable
to contact you, then we reserve the right to enter the property, remove your belongings,
change the locks, and take such further action as may be necessary (and we will charge you
for the costs of any such action). If our cleaners arrive after your check-out time and you
refuse to leave, we will dispatch security staff to evict you, and you will be liable for the
costs.
5. SAFETY AND CONDUCT
(a) You have primary responsibility for your own safety during your stay with STAY YOUR
WAY. You must read any fire or health & safety guidance included in the Guest App for your
property.
(b) If you become aware of anything during your stay which you believe is a health & safety
risk, you must inform STAY YOUR WAY immediately.
(c) You must comply with the House Rules, and you must also comply with any building
regulations and any reasonable directions of STAY YOUR WAY.
(d) If you allow more than the agreed number of people to occupy or stay in the property,
you will be liable to pay a supplement of up to $500 per night in respect of each
unauthorised guest, and the rental may be terminated immediately.
(e) In addition to complying with the House Rules and all reasonable directions, you also
agree that you will:
● keep the property clean, tidy, and clear of rubbish. Upon departure, you must
remove any rubbish, put any dirty kitchenware in the dishwasher, turn the
dishwasher on, and leave the property generally tidy. Please do not wash any towels
or linen, as our cleaners will remove these items from the property when they clean;
● not keep or take any pets or animals into the property (unless otherwise agreed in
writing);
● not obstruct or leave any objects or waste in any common property if the property is
part of a building or complex with common property;
● not leave any obstruction or waste outside of the Accommodation;
● not do or permit to be done in or to the property anything which is or which may be
or become a nuisance or cause damage, annoyance, inconvenience or disturbance to
STAY YOUR WAY or any of its guests, or to tenants or occupiers of the building or any
owner or occupier of neighbouring property, including (but not limited to) playing
loud music or musical instruments, dancing, entertaining in the property, or moving
furniture;
● not conduct any illegal or immoral activity in the property;
● not conduct any business or commercial activity whatsoever from the property;
● not make any alteration or addition whatsoever to the property or its contents;
● not use the property for any purpose other than for personal accommodation;
● not have any gathering of 8 or more people in the property without prior written
consent from STAY YOUR WAY.
(g) Parties are strictly prohibited in all STAY YOUR WAY properties. If you breach this
condition, you agree to pay an additional fee of $1,000 and will be evicted without notice
and without a refund or credit for any unused nights.
(h) You hereby indemnify STAY YOUR WAY in respect of any costs, claims, liabilities, or
expenses suffered or incurred by STAY YOUR WAY (or their agents) as a result of your breach
of any clause in this agreement.
(i) STAY YOUR WAY reserves the right to access the property during your stay, with or
without your consent, for any matter deemed of operational necessity to STAY YOUR WAY
management.
6. PROPERTY DAMAGE
(a) You must notify STAY YOUR WAY of any damage to the property, contents, fixtures, or
fittings which occur during your stay, even if you regard the damage as fair wear and tear or
if you do not believe the damage is your fault.
(b) If you do not notify STAY YOUR WAY of any such damage, you will be fully liable for such
damage on a full replacement basis.
(c) Any deductions for property damage will be taken from the credit or debit card details
you have supplied for payment of the security bond. For the avoidance of any doubt, you
will be liable for the full amount of any damage and not just the amount of the security
bond.
(d) If any key to the property is not returned upon check-out, you will be charged for
changing all related barrels and a full set of new keys.
7. REPAIRS, STATE OF PROPERTY, ETC.
(a) We will endeavour to ensure that all appliances, etc., in the property are working
properly, there is no damage to the property, and the property is spotlessly clean.
(b) If you notify us of a faulty appliance or the property is not spotlessly clean or of
something wrong with the property, we will take all reasonable steps to have the fault
corrected as soon as possible. Where you notify us after hours, we will endeavour to have
the fault corrected as soon as possible on the recommencement of business hours.
(c) The existence of a faulty appliance or another issue with the property will not entitle you
to any discount on the booking fee.
8. LIABILITY AND CLAIMS
To the extent permitted by law:
(a) STAY YOUR WAY will not be liable to you for any business, financial, or economic loss or
for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss
of anticipated savings, or lost opportunity arising as a result of this agreement, the
Accommodation, or the rental (whether such loss arises as a result of STAY YOUR WAY’s
negligence or otherwise).
(b) STAY YOUR WAY’s liability for all losses (with the exception of personal injury or death
arising as a result of negligence) will be limited to the cost of obtaining replacement
accommodation for the agreed Licence Period or the amount of the Accommodation Fees
and charges payable by you, whichever is the higher amount.
(c) Nothing in this clause limits or excludes the liability of STAY YOUR WAY for death or
personal injury arising as a result of their negligence or the negligence of their agents or
employees.
9. GENERAL
(a) You agree that you have the power to enter into this Licence.
(b) You will not be entitled to withhold by way of set-off, deduction, or counterclaim any
amounts that you owe to STAY YOUR WAY against any amounts that may be owed to you.
(c) STAY YOUR WAY will be entitled to subcontract or delegate their obligations under this
Agreement.
(d) STAY YOUR WAY will not be liable to you or be deemed to be in breach of these terms by
reason of any delay in performing or any failure to perform any of their obligations, if the
delay or failure was due to any cause beyond its reasonable control.
(e) These terms and the Booking Summary represent the entire agreement between the
parties and supersede any previous marketing information, representations, or agreements
whether recorded in writing or otherwise.
(f) The parties agree that these terms are fair and reasonable in all the circumstances.
However, if any provision of these terms is held not to be valid by a Court of competent
jurisdiction but would be valid if part of the wording were deleted, then such provision shall
apply with such deletions as may be necessary to make it valid. If any of the provisions in
these terms are held not to be valid, the remaining provisions of these terms shall remain in
full force and effect.
(g) These conditions are governed by and construed in accordance with the laws of the State
or Territory in which the Accommodation is located. You agree to submit to the exclusive
jurisdiction of the Courts of that Territory.
(h) If you breach these terms and conditions and STAY YOUR WAY decides to take no action
or neglects to do so, then STAY YOUR WAY will still be entitled to take action and enforce
their rights and remedies for any other breach.
(i) Compliance with Strata Rules Guests agree to comply with all strata by-laws, rules, and
regulations applicable to the building in which the premises are located. These rules may
vary depending on the specific strata scheme governing the property. It is the guest's
responsibility to familiarize themselves with and adhere to these rules during their stay.
Failure to comply may result in penalties or additional charges as determined by the strata
management or property owner.
These Terms and Conditions shall be governed and construed in all respects in accordance
with the laws of the Northern Territory, and each party hereby submits to the non-exclusive
jurisdiction of the Northern Territory.