Website Terms & Conditions

Kailani Batemans Bay | kailanibatemansbay.com.au

Last updated: 24 June 2026

These Terms and Conditions govern your use of the website at kailanibatemansbay.com.au and the booking of accommodation through that Website. The Website is operated by Bowkent Pty Ltd ACN 649 715 024 as trustee for the Bowkent Unit Trust trading as Kailani Batemans Bay ABN 44 833 985 435 ("we", "us", "our", "Host"). By accessing the Website or making a Booking you agree to be bound by these Terms.

This website facilitates holiday letting only. Accommodation bookings are not governed by the Residential Tenancies Act 2010 (NSW).

1. Definitions

  • "Accommodation" means the short-stay apartment(s) available for hire at 50–52 Beach Road, Batemans Bay NSW 2536.
  • "Booking" means a confirmed reservation of Accommodation made through this Website or by direct agreement.
  • "Guest" means the person making a Booking and all persons who occupy the Accommodation pursuant to that Booking.
  • "Rental Period" means the dates specified in a confirmed Booking.
  • "Host" means Bowkent Pty Ltd ACN 649 715 024 as trustee for the Bowkent Unit Trust trading as Kailani Batemans Bay ABN 44 833 985 435.
  • "Stripe" means Stripe Payments Australia Pty Ltd, the third-party payment processor used by the Host for direct bookings made through this Website.

2. Acceptance of Terms

By using this Website, submitting an enquiry, or completing a Booking, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use this Website.

We may update these Terms at any time by posting a revised version on the Website. Your continued use of the Website after any change constitutes acceptance of the updated Terms.

3. Eligibility

You must be at least 18 years of age to make a Booking. By placing a Booking you warrant that you are 18 or older and have the legal capacity to enter into a binding agreement. Bookings made on behalf of a group must be made by the lead Guest, who accepts responsibility for all members of the party.

4. Bookings and Confirmation

4.1 Booking Process

A Booking is not confirmed until you receive written confirmation from us by email. We reserve the right to decline any Booking request at our absolute discretion.

4.2 Accuracy of Information

You agree to provide accurate, complete, and current information when making a Booking. We accept no liability for Booking failures or errors caused by inaccurate information you provide.

4.3 Booking Channels

Bookings made through third-party platforms (Airbnb, Booking.com, VRBO, etc.) are subject to those platforms' terms in addition to our House Rules. These Website Terms apply specifically to direct bookings made through kailanibatemansbay.com.au.

5. Payment Terms

5.1 Payment at Time of Booking

Full payment of the total accommodation fee is required at the time of booking to confirm your reservation. All amounts are charged to the payment card provided during the booking process via Stripe (for direct bookings) or by the applicable platform (for platform bookings). No reservation is confirmed until full payment has been received.

5.2 Security Deposit (Pre-Authorisation)

A refundable security deposit is pre-authorised on the payment card used for booking prior to check-in. The amounts are:

• $500 for Units 102, 202, 301, and 302; and

• $1,000 for Unit 402 (Penthouse).

The pre-authorisation is a temporary hold only — no funds are debited unless a valid damage claim is made. If no claim is made, the hold is released within 7 days of checkout. Your available card balance may be temporarily reduced by the pre-authorised amount during this period; no charge will appear on your statement unless a deduction is made.

For direct bookings, the pre-authorisation is processed via Stripe. For bookings made through Booking.com or VRBO, the security deposit mechanism is administered by the applicable platform in accordance with its own terms. Bookings made through Airbnb are covered by Airbnb AirCover — no separate security deposit pre-authorisation is taken by the Host for Airbnb bookings. Card scheme rules (Visa, Mastercard) impose time limits on pre-authorisation holds; if a hold expires before a claim is assessed, the Host reserves the right to charge the Guest's card directly for any valid claim amount. Normal wear and the included end-of-stay clean are not grounds for a claim.

5.3 Payment Processing

The payment processor that applies to your Booking depends on the channel used:

  • Direct bookings through this Website: payments are processed securely by Stripe Payments Australia Pty Ltd, a PCI DSS Level 1 certified payment processor. By providing your card details you authorise the Host (via Stripe) to charge amounts due under your Booking. The Host does not store your full card number. Payments are subject to Stripe’s Terms of Service and Privacy Policy (stripe.com). No surcharge applies — all processing costs are absorbed into the nightly rate.
  • Platform bookings (Airbnb, Booking.com, VRBO, etc.): payments are collected and processed by the applicable platform under its own payment terms and privacy policy. The Host does not process or store card details for platform bookings.

All amounts are in Australian Dollars (AUD) inclusive of GST where applicable.

5.4 Chargebacks and Payment Disputes

You agree to contact us at bookings@kailanibatemansbay.com.au or 0494 034 677 to resolve any payment concern before initiating a chargeback or payment dispute with your card issuer, Stripe, or any booking platform. Initiating a chargeback without first raising the matter with us may constitute a breach of these Terms and may result in you being liable for any associated dispute fees or costs charged by Stripe or the applicable platform.

5.5 Failed Payments

If a payment is declined, your Booking may be cancelled. We will attempt to contact you using the details provided at the time of Booking. We accept no liability for losses arising from a failed payment.

6. Cancellation and Refund Policy

6.1 Cancellation by Guest

  • Cancellation more than 30 days before arrival: full refund of the total amount paid, less any non-refundable booking or service fee disclosed at the time of Booking.
  • Cancellation 14 to 30 days before arrival: 50% of the total Booking amount will be forfeited.
  • Cancellation fewer than 14 days before arrival: 100% of the total Booking amount will be forfeited.

Cancellations must be made in writing to bookings@kailanibatemansbay.com.au. The date of cancellation is the date we receive your written notice.

6.2 Cancellation by Host

We reserve the right to cancel a Booking in exceptional circumstances (including property damage, natural disaster, or events beyond our control). We will provide as much notice as reasonably practicable and refund all amounts paid. This does not limit your rights under the Australian Consumer Law.

6.3 Modifications

Requests to modify Booking dates or the number of Guests are subject to availability and must be made in writing. Date changes are treated as a cancellation of the original Booking and a new Booking, and the cancellation policy above will apply.

6.4 Travel Insurance

We strongly recommend that all Guests obtain comprehensive travel insurance, including cancellation cover, prior to confirming a Booking.

7. Check-In and Check-Out

Standard check-in time is 2:00 PM and check-out time is 10:00 AM on the nominated dates, unless otherwise agreed in writing. Early check-in and late check-out are subject to availability and may attract an additional charge. Failure to vacate by the agreed check-out time may result in forfeiture of the security deposit pre-authorisation and additional charges.

8. Guest Obligations, House Rules and Strata By-Laws

By making a Booking, you and all members of your party agree to comply with our House Rules as displayed on the Website and within the Accommodation, and with the Strata By-laws applicable to the building. Key obligations include:

  • Maximum occupancy must not be exceeded. Unauthorised occupants will result in immediate termination of the Booking without refund.
  • The Accommodation is strictly smoke-free (including vaping and e-cigarettes) inside, on balconies, and in all common areas, consistent with the building Strata By-laws.
  • No pets are permitted unless expressly agreed in writing prior to arrival.
  • Quiet hours apply between 9:00 PM and 7:00 AM. Parties or large gatherings are not permitted.
  • Furniture must not be moved within the Accommodation.
  • Guests are responsible for the care and security of the Accommodation and must report any damage or breakages promptly.
  • Illegal activities are strictly prohibited and will result in immediate termination of the Booking and referral to NSW Police.
  • WiFi is provided for lawful personal use only. The Guest must not use the network to access illegal content or conduct any unlawful activity. The Host does not guarantee WiFi speed or security.
  • Guests are responsible for logging out of any personal streaming service accounts before checkout. The Host accepts no responsibility for accounts left logged in after departure.

We reserve the right to terminate a Booking immediately and without refund for material breach of the House Rules or Strata By-laws.

8a. CCTV Surveillance

The building's common areas — including the car park, all common hallways, and external walkways surrounding the building — are monitored by CCTV cameras. There is no CCTV inside any apartment. By making a Booking, you acknowledge and consent to CCTV surveillance in common areas for security and safety purposes. Footage is handled in accordance with the Privacy Act 1988 (Cth) and the Surveillance Devices Act 2007 (NSW).

9. Abandoned Possessions

We accept no responsibility for personal items left on the Premises after checkout. We will make reasonable efforts to contact you to arrange return of found items at your cost. Items not claimed within 14 days of checkout may be disposed of, donated, or retained as permitted by law.

10. Limitation of Liability

10.1 Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)). Nothing in these Terms limits, excludes, or modifies any right or guarantee you have under the ACL that cannot lawfully be excluded.

10.2 Limitation

To the maximum extent permitted by law, our liability for any loss or damage (including indirect, consequential, or economic loss) arising out of or in connection with the Accommodation or this Website is limited to the total amount paid by you for the Booking in question. We are not liable for any loss or damage to personal property, injury, illness, or death arising from your use of the Accommodation, unless caused directly by our negligence or failure to comply with an applicable consumer guarantee.

10.3 Third-Party Websites

Our Website may contain links to third-party websites. We are not responsible for the content or practices of those sites and provide links for convenience only.

11. Intellectual Property

All content on this Website, including text, images, graphics, and branding, is owned by or licensed to Bowkent Pty Ltd ATF Bowkent Unit Trust and is protected by Australian copyright law. You may not reproduce, distribute, or create derivative works from any Website content without our express written consent.

12. NSW Short-Term Rental Accommodation Registration

All properties are registered on the NSW Short-Term Rental Accommodation (STRA) Register. Registration numbers:

  • Unit 102 — PID-STRA-89436
  • Unit 202 — PID-STRA-89437
  • Unit 301 — PID-STRA-89438
  • Unit 302 — PID-STRA-89440
  • Unit 402 (Penthouse) — PID-STRA-89441

The Host and all Guests are bound by the Short-term Rental Accommodation Industry Code of Conduct (NSW). A copy is available at fairtrading.nsw.gov.au.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any dispute is subject to the non-exclusive jurisdiction of the courts of New South Wales. Accommodation bookings are short-term holiday letting arrangements and are not governed by the Residential Tenancies Act 2010 (NSW).

14. Contact

Operator: Kailani Batemans Bay (Bowkent Pty Ltd ATF Bowkent Unit Trust ABN 44 833 985 435)

Address: 50–52 Beach Road, Batemans Bay NSW 2536

Email: bookings@kailanibatemansbay.com.au

Phone: 0494 034 677