Terms and Conditions – Esprit Holidays

Last Updated: 17th December 2025

 

These Terms and Conditions govern the rental of our holiday accommodation located at Esprit Rainbow Bay. By making a booking, you agree to be bound by these terms.

1. Definitions

“Property” refers to the holiday accommodation at Esprit Rainbow Bay. “Owner” refers to Esprit Holidays. “Guest” refers to the person making the booking and all persons staying at the Property. “Booking Confirmation” refers to the written confirmation sent by the Owner upon receipt of payment.

Identification Requirements

A valid government-issued photo ID, such as a driver’s licence or passport, is required at check-in or prior to arrival. The name on the ID must correspond with the card used for payment. A copy of the identification will be securely stored on file and used solely for verification purposes.

 

2. Booking and Payment Terms

2.1 Booking Process

All bookings must be made through the website, via email, over the phone or through an online travel agent where we have listed the business. A booking is only confirmed once you receive written confirmation from us and payment has been received. Minimum booking age is 18 years.

2.2 Payment Policy

  • For Non-Peak Periods, Payment in full is required no later than 14 days before arrival.
  • Non-refundable bookings must be paid in full at the time of reservation and cannot be changed or cancelled.
  • For bookings during Peak Periods (Queensland, NSW & Victoria school holidays, Public Holidays and special events), full payment is required 30 days prior to arrival.

Payment Options

  • Visa & Mastercard: 1.75% (Domestic) or 3.5% (International)
  • American Express: 3.5%
  • Debit Card: 1.75%
  • Bank Transfer – funds must be received 7 days prior to due date.

2.3 Payment Failure

If the balance payment is not received by the due date, we reserve the right to cancel your booking and retain the deposit paid.

2.4 Prices

All prices are quoted in $AUD and include utilities, Wi-Fi, linen & starter amenities. Additional charges may apply for cleaning fees, concierge services, additional guests and equipment hire.

2.5 Security Deposit

A refundable pre-authorisation deposit of $500 is required prior to arrival or at check-in. Reservations made for “Little Esprit” requires a pre-authorisation deposit of $1000. This deposit must be processed via credit card; cash payments are not accepted. This will be refunded within 7-14 days of departure, subject to satisfactory inspection of the Property.

 

3. Cancellation and Refund Policy

3.1 Cancellation by Guest

  • Non-Peak Periods – Reservations may be cancelled or amended up to 14 days prior to arrival without penalty. Any cancellations made within the 14 days will not be refunded.
  • Peak Periods – Reservations may be cancelled or amended up to 30 days prior to arrival without penalty. Any cancellations made within the 30 days will not be refunded.

3.2 Cancellation by Owner

If we need to cancel your booking, we will provide a full refund of all payments made. We are not liable for any additional costs incurred such as travel arrangements.

3.3 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control including natural disasters, government restrictions, pandemics, or other acts of God.

3.4 No Shows & Early Departure

No refunds will be given for early departure, no shows or unused nights.

 

4. Check-in and Check-out

4.1 Check-in Time

Standard check-in is from 3:00 PM onwards. Please inform us of your estimated arrival time at least 24 hours in advance. Early check-in is not guaranteed, as rooms may not be available prior to check in.

4.2 Check-out Time

Check-out is by 10:00 AM. A late check-out may be available by prior arrangement and may incur an additional charge, price on asking.

4.3 Key Collection

Keys can be collected [from the Property via lockbox/from our office/details will be sent prior to arrival]. Full instructions will be provided before your arrival.

4.4 Early or Late Arrival

If you require early check-in or late check-out, please contact us in advance. This is subject to availability and may incur additional charges.

 

5. Guest Obligations and House Rules

5.1 Maximum Occupancy

The Property reservation indicates the maximum number of guests allowed to reside in the apartment. This number must not be exceeded without prior written permission. Additional guests may incur extra charges.

5.2 Minimum Age

The lead guest must be at least 18 years old and present throughout the stay.

5.3 Noise and Behaviour

Guests must respect neighbours and not cause excessive noise, particularly between 9:00 PM and 8:00 AM. Parties and events are not permitted. We DO NOT accept Schoolie bookings, entry will be refused at check in, with no refund as per cancellation policy.

5.4 Smoking Policy

The Property is strictly non-smoking. Smoking inside the Property will result in forfeiture of the security deposit and additional cleaning charges.

5.5 Pets

Pets are not permitted to stay at the property under any circumstances. Only certified assistance dogs, in accordance with the Guide, Hearing and Assistance Dogs Act 2009 (Qld), are allowed.

Assistance Animals:

In accordance with the Guide, Hearing and Assistance Dogs Act 2009 (Qld), certified assistance dogs are welcome. Guests must provide valid certification to resort management prior to booking so appropriate arrangements can be made.

Accommodation providers are allowed to ask for:

  • The handler’s approved ID card, or
  • Confirmation that the dog is certified under the Act

Certification Requirements

A dog must be:

  • Trained by an approved trainer or training institution
  • Assessed as safe, hygienic, obedient, and reliable in public

Issued with:

  • Handler ID card, and
  • Dog coat/identifying harness

What the Act Does NOT Cover

  • Emotional-support animals
  • Therapy animals
  • Dogs without formal certification

These animals do not have the same access rights and can legally be refused by accommodation providers. Please note: if an assistance pet is approved, an additional cleaning fee may be charged on departure. Unauthorised pets are not allowed on the property.

5.6 Property Care

  • Keep the Property clean and tidy during your stay
  • Report any damage or maintenance issues immediately
  • Do not move furniture or remove items from the Property
  • Dispose of rubbish in accordance with local regulations
  • Use appliances and facilities responsibly
  • A cleaning fee may apply for excessively soiled apartments
  • Unauthorised activation of the fire alarm causing Fire Services to attend may incur a call out fee of up to, but not limited to, $2000.

5.7 Prohibited Activities

The following are strictly prohibited:

  • Illegal activities
  • Subletting or assigning the booking
  • Commercial activities or photography without permission
  • Exceeding the maximum occupancy
  • Smoking, vaping, and the use of candles or open flames are prohibited on the property, including balconies and shared spaces. If smoking or vaping is detected: An additional cleaning fee and an additional night’s accommodation may be charged

6. Liability and Insurance

6.1 Owner’s Liability

The Owner accepts no liability for:

  • Personal injury, loss, or damage to guests or their belongings unless caused by proven negligence
  • Theft or damage to vehicles or contents
  • Temporary failures of utilities, appliances, or amenities beyond our control
  • Any pre-existing medical conditions aggravated during the stay

6.2 Guest Liability

Guests are responsible for:

  • Any damage to the Property, contents, or surrounding areas caused during their stay
  • The behaviour and actions of all members of their party
  • Costs of repairs or replacements for damaged or missing items beyond normal wear and tear

6.3 Insurance Recommendation

We strongly recommend that guests arrange comprehensive travel insurance covering cancellation, personal belongings, personal liability, and any COVID-19 related issues.

6.4 Lost Property

Any items left behind will be held for 60 days. We can arrange return shipping at the guest’s expense. Contact reception to arrange return and advise of costs. After 60 days, items will be donated or disposed of.

 

7. Property Access and Maintenance

7.1 Owner Access

We reserve the right to access the Property:

  • In case of emergency at any time
  • For scheduled maintenance with at least 24 hours’ notice

7.2 Maintenance Issues

Please report any maintenance issues or defects immediately. We will endeavour to resolve issues promptly but cannot guarantee immediate resolution. No refunds will be given for minor maintenance issues that do not substantially affect your enjoyment of the Property.

 

8. Complaints and Disputes

8.1 During Your Stay

If you have any concerns during your stay, please contact us immediately on stay@thestandsgroup.com.au so we can attempt to resolve the issue.

8.2 After Your Stay

Any complaints must be submitted in writing within 7 days of departure. We will investigate and respond within 14 days.

8.3 Dispute Resolution

We will attempt to resolve all disputes amicably. If resolution cannot be reached, disputes will be subject to the jurisdiction of the Queensland Court of Law.

 

9. Data Protection and Privacy

9.1 Information Collection

We collect personal information including names, contact details, and payment information necessary to process your booking.

9.2 Data Usage

Your information will be used solely for:

  • Processing and managing your booking
  • Communicating with you about your stay
  • Legal and accounting purposes
  • Marketing and promotional material.

9.3 Data Protection

We will not share your personal information with third parties except as required for payment processing or as required by law. Your data is stored securely and in accordance with the Privacy Act 1988.

 

10. Legal Requirements

10.1 Governing Law

These Terms and Conditions are governed by the laws of:

  • Residential Tenancies and Rooming Accommodation Act 2008
  • Body Corporate and Community Management Act 1997
  • Australian Consumer Law

10.2 Entire Agreement

These Terms and Conditions, together with the Booking Confirmation, constitute the entire agreement between the parties.

10.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.4 Changes to Terms

We reserve the right to modify these Terms and Conditions. Changes will apply to bookings made after the modification date.

10.5 Guest Register

Guests will be required to complete a guest registration form as required by local regulations.

 

11. Special Conditions

11.1 COVID-19 and Health

We follow enhanced cleaning protocols between guests. Guests must comply with any applicable health guidelines or restrictions in force at the time of their stay.

11.2 Utilities

Guests are asked to be aware of the environment when utilising water and electricity. Be water conservative and energy conscious.

11.3 Internet and Wi-Fi

Wi-Fi is provided for convenience. We do not guarantee continuous service and are not liable for connection issues.