By making a booking with Espresso Apartments through this website or otherwise, you agree to the following terms and conditions.
Methods of payment: We only accept payment via Mastercard and Visa. We do not accept electronic funds transfers, cash, cheques, or payment via Amex, or Diners, or any other credit card other than Mastercard and Visa. We only accept payment via PayPal for deposits for on-line bookings. We do not accept balance, or instalment, payments via PayPal.
Timing for payment of balance owing on booking: Balance must be paid before check-in. The apartment cannot be accessed until we have received the balance in full. If you paid your deposit using a credit card, you authorise us to deduct the balance owing from the same credit card on or anytime after the check-in date. We are entitled to, and will, evict you if you have accessed our apartment without paying and, following requests to make payment, you fail to make payment. This clause does not apply if we have agreed to instalment payments and these are set out in the booking confirmation.
Non payment: In the event you do not pay to us an amount you owe us within the time required for payment, we will engage our law firm, Minter Ellison (or another law firm, or debt collection agency, of our choosing) to recover the amount. You agree that you will reimburse us all of our actual reasonable costs we incur to Minter Ellison (or other firm or agency) and otherwise (eg, by way of proceedings lodgement fees) in recovering the amount from you. In addition, you agree that any discounted rate given to you for you booking was granted on the assumption you would pay all amounts you owe to us within the time required for payment. In the event you do not pay in time and we are required to expend our resources, including staff and management time, recovering a debt from you, you agree that your right to any discount to our advertised rates given on your booking will be waived and you will become required to pay the full advertised rate for the apartment which applied at the time you booked.
Key pick-up: Please telephone +61 (3) 9005 4633 on the business day before the check-in date to arrange key pick-up.
Keys: Each apartment comes with 2 full sets of keys and, if applicable, a remote for parking access. You agree to notify us immediately if you find there are not at least 2 full sets of keys and, if applicable, a parking remote. In the event, you return the apartment to us without the above, you agree to pay $300 to cover key / parking remote replacement.
Check-in time: Check-in is from 2pm. Note, we make every effort to ensure apartments are prepared for check-in by 2pm. However, unfortunately from time to time exiting tenants fail to comply with the requirement to check-out by 10am. Where this occurs, as a matter of practical reality we may need to delay the check-in time to allow time to properly prepare the apartment after the late check-out.
After Hours Check-in: Our phones are turned off after 9pm. If you think you may be arriving after 9pm, you must notify us of this in advance so we know to keep our afterhours phone on. Unless you have arranged for a late check-in, we will not be responsible if you have difficulties checking in after 9pm.
Check-out time: Before 10am.
After Hours Availability: Our Call Centre operates from 9am to 6pm Monday to Friday. In addition, we are contactable for emergencies on Saturdays, Sundays and public holidays from 10am to 9pm and on weekdays from 6pm to 9pm. We are not contactable between 9pm to 9am each day.
Cooking strong smelling food: You are not permitted to cook in the apartment any dish likely to leave a long lasting odour in the apartment. This is for the benefit of future tenants. You agree that if you do we are entitled to, and will, charge you an amount of $300 to cover the cost we will incur in having the apartment deodorised.
Three night minimum stay period: We have a three night minimum stay period. Any booking made for shorter period will be automatically cancelled with full refund.
Luggage: As we do not have a physical reception, we are not able to store luggage for you proir to your check-in time or after you check-out.
GST: There is no GST component – our supplies are input taxed.
Bonds: We require a bond of up to $2,000 for short stay bookings over holiday weekends.
Cancellations: We will refund any amount you have paid to secure your booking less the amount of your first night’s rent if you cancel your booking within 24 hours of making the booking, or:
(a) for Melbourne apartments, more than 2 weeks from the check-in date; and
(b) for Sydney apartments, more than 1 month from the check-in date,
otherwise you will not be entitled to a refund of the amount you have paid (even if the amount is greater than 50% of the booking fee). This is a genuine pre-estimate of the loss we are likely to incur as a consequence of a late cancellation. If you cancel and you are not entitled to a refund, you may apply the amount to a future booking. We recommend that you take out travel insurance to cover you for unforeseen circumstances which may cause you to cancel last minute. If your booking involves you moving one or more times between apartments, the above applies from first check in date, ie, the two or more legs of your booking are treated as one booking.
Early departure: You will not be entitled to any refund for vacating prior to the departure date set out in your booking confirmation. If your booking involves installment payments and you depart earlier, your obligation to continue making the installment payments in accordance with your booking confirmation continues notwithstanding the fact of your early departure.
No open ended end dates: While we may occasionally vary the above term to allow a guest to depart early by giving notice, we will never, under any circumstances, allow an open ended end date. Guests will only be permitted to push their end date forward subject to availability.
E.mail correspondence: If you have provided an e.mail address as part of booking an apartment, you are deemed to have received any e.mail sent by us to that address. Sending an e.mail to that address is deemed proper notice by us.
Someone parks in your parking spot: As frustrating as this is, we have no control over the bad behaviour of others. We are not liable if your apartment comes with a car spot and someone parks in it. In the event this occurs, your best alternative is to place a note on their windscreen. Sorry!
Cleaning during your stay: The standard price does not include Espresso Apartments providing cleaning services during your stay. We can, however, arrange this for you. The cost to you is $200 per clean for Melbourne apartments. Please contact us and we will advise the cost per clean for Sydney apartments. This includes full apartment clean, linen change and stock replenishment.
Damage: You authorise us to recover from you any loss we incur as a consequence of damage caused by you or your guests to the apartment or the furnishings in it. If you have provided credit card dails to us, you authorise us to deduct up to $1,000 from your credit card for this purpose.
Parties: You are ABSOLUTELY PROHIBITED FROM HOLDING ANY TYPE OF PARTY, OR ANY LOUD GATHERING, IN THE APARTMENT, EVEN A SMALL PARTY, OR A SMALL LOUD GATHERING (“DISRUPTIVE BEHAVIOUR”). You acknowledge that you are aware that Disruptive Behaviour will seriously disrupt other persons, especially those occupying other apartments in the building, and this is likely to seriously adversely affect our ability to continue using the apartment, and possibly other of our apartments, for the purposes of our business. You agree that, if you hold any type of party, or any loud gathering, in the apartment, even a small party, or a small loud gathering:
(1) you will immediately be evicted from the apartment without any entitlement to any refund of any amount paid in respect of your accommodation, including for any period after the date of your eviction;
(2) you authorise us to immediately deduct up to $1,500 from any credit card the details of which you have provided to us for the purposes of deducting any other amount in respect of your accommodation;
(3) you will not take any step to challenge the deduction referred to in number (2) above via the issuer of the card, other otherwise;
(4) you will owe to us a debt of $6,500 less any amount we deduct from your credit card under (2) above which you will pay to a bank account nominated by us in full within two weeks of the date the Disruptive Behaviour occurs;
(5) if you fail to pay the debt referred to in (4) above within the time frame referred to in that clause, we will, without question, instigate legal proceedings against you to recover the amount; and
(6) the $6,500 referred to above is a GENUINE PRE-ESTIMATE of the loss we will incur if you hold any type of party, or any loud gathering, in the apartment, even a small party, or a small loud gathering, including mainly the loss which will result from the damage the Disruptive Behaviour does to our reputation among our other guests, the occupiers of other apartments in the building (if any), neighbours, the relevant Owners Corporation (if any) and local Council and our ability to continue conducting our business via the apartment having regard to action which might be taken against us by any one, or more, of the above mentioned persons either as a consequence of your Disruptive Behaviour on its own, or as a consequence of your Disruptive Behaviour taken in conjunction with other Disruptive Behaviour which has occurred previously to your Disruptive Behaviour, or which may occur in the future.
Consideration of other tenants: In consideration of other tenants, you must not make excessive noise in the apartment or public areas.
Utilities: Utilities are included in the rental rate. However, you must ensure that all lights, air-conditioners and heaters are turned off when you are not in the apartment.
Internet access: We provide internet access for $7 per day by WiFi in some buildings and by mobile WiFi pockets in other buildings. Mobile WiFi pockets are small battery operated portable devises the size of a mobile phone.
Our suveys reveal that most guests prefer mobile WiFi pockets as they are as fast as straight WiFi for general internet use (eg, web browsing and e.mail) and, with mobile WiFi pockets, guests can take their internet with them wherever they are in Melbourne or Sydney.
However, although we provide the maximum possible package with our mobile WiFi pockets, the maximum possible package still have significant download limits due the fact the connection is provided via a wireless signal. The limits will in no way restrict general web browsing, e.mailing, etc. However, they cannot be used for downloading movies and other large files.
Accordingly, if your apartment comes with a mobile WiFi pocket (rather than straight WiFi), you agree;
(1) to a download limit equal to 200MB multiplied by the number of days you have rented the card for, e.g., a 7 day rental has a total download limit of 100MB multiplied by 7, i.e., 1,4GIG; and
(2) that you will pay to us: (a) 20c per MB downloaded in excess of the above limit; and (b) $200 if the card is not returned to us, or is returned damaged.
You should not use WiFi pockets to download movies, music etc. If you do any of these, you will most certainly exceed the download limit and incur the charge described above, which may require you to pay hundreds of dollars.
Make sure you disable automatic downloads for Windows, Microsoft, etc.
Do not leave the internet connected while you are not using your computer.
Be careful – If you have ever previously used your computer to download movies via a Bit Torrent program, the program may activate while you are connected to the internet (even if you are not aware that it is active) allowing others to download from your computer. This will most certainly cause you to incur the excess download charge described above.
If, for any reason, we are unable to supply internet, eg, for a technical reason to do with the provider who supplies internet to us, or due to a fault with our equipment, we will do everything we can to provide you with internet access as quickly as we can. However, will not be liable for any loss you incur as a consequence of not being connected. We will refund to you the amount you have paid for internet on those days when the internet was not available. You will not be entitled to any refund of your booking fee as a consequence of not having internet during your stay.
Apartment becomes not available: In the very unlikely event an apartment you have booked becomes unavailable (eg, the carpets need to be replaced due to water damage, or the owner of the apartment withdraws the apartment etc.), we will take every step to provide you with another apartment of at least the same standard. We will not be liable if an apartment becomes unavailable for some reason, or if we are not able to provide a suitable alternative. You accept that there is a risk that an owner might withdraw a property so that it becomes no longer available prior to your check-in date. The owner is required to give 60 days notice.
Double booking: We take every care to avoid double bookings. However, we have several Reservation Desk staff who work simultaneously on numerous enquiries / bookings. We also have online bookings. Occasionally double bookings occur where we agree to a booking and then a subsequent booking is inadvertently processed prior to the first mentioned booking being entered into our system. In such a case, the booking first agreed to takes preference and the latter booking will be cancelled. We will not be liable under such circumstances.
Promotions: Promotions do not apply to bookings made prior to the date of the promotion.
Cleaning: You must leave the apartment in a clean and tidy condition. Failure to do so may result in a cleaning fee of up to $250. If you have providing your credit card details to us for payment of the all, or part, of the booking fee, you authorise us to charge your credit card to pay the extra cleaning fee.
Smoking: Smoking is not permitted in the apartment. If you smoke in the apartment, you authorise us to deduct from your credit card or otherwise recover from you, $300 to apply towards having the furnishings deodorised.
Access: You agree that, although unlikely, we may need to access the apartment from time to time during your stay, eg, to attend to repairs (if necessary), or to show the apartment to prospective purchasers (under Australian law, the owner of a property is entitled to access the property for the purposes of showing the property to prospective purchasers on 24 hours notice). You agree that we may provide your mobile telephone number so that persons needing to access the apartment can arrange access with you directly.
Foxtel: In the event Foxtel is unavailable due to disruption to the signal, we will not be liable. Where it is specified that the apartment comes with Foxtel, we provide the following channels: Showtime Movies (7 channels), Fox Sports (4 channels), News (5 channels), Documentaries (7 channels), Entertainment (11 channels), Kids and Family (3 channels) and Music (1 channel). As we have a fixed contract with Foxtel, individual channel upgrades are unfortunately not possible.
Repairs, state of apartment etc: We will endeavour to ensure that all appliances etc. in the apartment are working properly, there is not damage to the apartment and the apartment is spotlessly clean. If you notify us of a faulty appliance, or the apartment is not spotlessly clean, or of something wrong with the apartment, we will take all reasonable steps to have the fault corrected as soon as possible. Where you notify us after hours, we will endevour to have the fault corrected as soon as possible on the recommencement of business hours. The existence of a faulty appliance or another issue with the apartment will not entitle you to any discount on the booking fee. We do not control maintenance in the building in which the apartment is located. In the event of a fault in the common area, eg, the lift not working or there being no hot water, we will notify the body corporate of the fault immediately. However, the existence of the fault will not entitle you to any discount on the booking fee. We assure you that all our apartments are in quality buildings and that common area faults are always attended to by the body corporate promptly.
Exclusion of liability: We do not control the buildings in which our apartments are located. Accordingly, you agree we are in no way liable for any damage caused to you or your goods by a fault with the building, whether the damage is caused in the common area, or in the apartment, eg, by water coming into the apartment from the common area. In the event of such damage, you should deal directly with the body corporate who is responsible for the building and the common property and which is required by law to hold policies of insurance covering damage caused by a fault with either.
Acts of god: If your apartment is made unavailable as a consequence of an act of god, eg, a flood, you will not be entitled to a refund of your booking fee. You should ensure you are covered for this by your travel insurance.
Dont leave valuables in the apartment: Please dont leave valuables in your apartment. We will not be liable for any loss you incur as a consequence of someone stealing your valuables from your apartment.
Use of your e.mail address: You agree to us using your e.mail address for the purpose sending offers and other marketing material to you. You will be entitled to opt out at any time.
Dont leave valuables in your car: Please dont leave valuables in your car. We do not control the car park, will not be liable for any loss you incur as a consequence of your car being broken into.
Extra beds: Where we provide an extra bed, depending on the which apartment you are in, it will be a foldaway bed, a trundle bed, or a foam mattress. It will not be the same as the other beds.
Telephones: We do not provide telephones in our apartments. Please keep this in mind if you will be travelling without a phone. Since our apartments are spread accross many locations, the cost of providing phone lines into the apartments is simply prohibitive given current telecommunication packages available.
Furnishings: We upgrade our furniture in each of our apartments every 2 to 3 years. Accordingly, the furnishings may be different to those shown in the pictures for this apartment. However, we guarantee that the furnishings will be of the same standard as that shown in the pictures, or higher.
Air conditioners: All our air conditioners are regularly serviced. However, notwithstanding this, on occasion, air conditioners stop working, or stop working properly. This is often occurs during hot weather. It can be very difficult to have faulty air conditioners attended to quickly during periods of hot weather as many air conditioners all over the city stop working during such periods due to the extra pressure placed on them by the excessive heat and air conditioner maintenance persons are ‘run off their feet’. Where this occurs, we will provide a portable air conditioner solution while waiting for a repair person to attend.
Notice of last day: You hereby given notice that you check-out date is the date noted in your booking confirmation.
Jurisdiction This contract between us is governed by the law of Victoria and you agree that you irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts of Victoria.