Short Term Licence to Use Property
83 Grevillia Street
Walkerville, Victoria, 3956
Please read this document, which sets out the rules for your use of the Property and forms the basis of your agreement with us.
The Property is owned and operated by:
Contact details: SARAH AND KENT RICHARDSON
ABN: 61 435 774 305
Phone: 0411 736 264 or 0433 718 636
Email: [email protected]
(1) LICENCE TO USE PROPERTY
In consideration of the mutual benefits and obligations described in this Agreement, the receipt of which and the sufficiency of which are hereby acknowledged, the Landlord and the Guest hereby agree as follows:
(a) Subject to the terms of this Agreement, the Landlord grants the Guest a licence to use the Property, on the terms of this Agreement.
(b) Nothing in this Agreement prevents the Landlord from entering the Property at any time. However, the Landlord will only enter the property in the event of an emergency, to effect repairs or to evict a Guest/Guests due to breach of this agreement.
In this Agreement, the following definitions apply:
“Accommodation Fee” means the amount that the Guest is required to pay for the use of the Property, such amount being described in the email confirmation and invoice.
“ACL” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).
“Agreement” means this Short-Term Rental Agreement.
“Agreement Date” means the date that the Guest makes the Booking or otherwise indicates the Guest’s acceptance of the terms of this Agreement.
“Booking” means the booking made by the Guest to stay at the Property in accordance with this Agreement.
“Arrival Date” or “Check-in Date” means the first date that the Guest is entitled under this Agreement to stay at the Property.
“Booking Term” means the period that the Guest is entitled to use the Property, subject to the terms of this Agreement, from the check-in time until the check-out time.
“Departure Date” or “Check-out Date” means the final date that the Guest is entitled under this Agreement to stay at the Property.
“Guest”, “Guests”, “You” or “Your” refers to the person making the Booking, and to all members of the Party that are staying at the Property under that Booking.
“Items” means the chattels and other items which the Landlord provides with the Property, including all carpets, floor coverings, doors, walls, windows, furniture, equipment, bedding, linen, towels, kitchen equipment, crockery, glasses, plates, white goods, electrical equipment, keys, remote controls and any other items at the Property.
“Landlord” means JANDI HOLIDAY
“Party” means either the Guest or the Landlord.
“Property” means the following property:
83 Grevillia Street, Walkerville, Victoria, 3956, Australia
“Reservation Date” means the date that the Booking was made.
“Us”, “We”, “Our”, or “the Landlord” refers to:
In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:
(a) Words referring to one gender include every other gender.
(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.
(c) Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.
(d) Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.
(e) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it.
(f) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
(g) All references in this Agreement to sums of money are references to Australian dollars.
(a) The Booking will be confirmed upon communication from the Landlord to the Guest that the Booking has been accepted.
(b) The Booking will not be confirmed until:
(I) the Landlord has received payment of the Deposit in full.
(II) the Landlord has received payment of the Security Bond in full; and
(III) the Guest has validly agreed to the terms of this Agreement by electronically signing this document using a secure document signing system called “PleaseSign”.
(c) Once the Booking has been confirmed, the Landlord grants the Guest a licence to use the Property, subject to the terms of this Agreement.
(5) SECURITY BOND
(a) The Guest must pay a security bond “the Security Bond” in the amount of:
$500 Australian dollars.
(b) The Security Bond must be paid in full by the following time:
One (1) day prior to check-in.
(c) The Security Bond will be held until the termination or expiration of this Agreement.
(d) In the event that the Guest breaches a term of this Agreement, the Security Bond may be forfeited to the Landlord. The Landlord will determine, in the Landlord’s sole discretion, whether to return some or all the Security Bond to the Guest.
(e) In the event that the Property is damaged, the Landlord may retain the Security Bond until such time as the damage can be assessed and/or repaired. Once the Landlord has determined the cost of repairs, any balance Security Bond which is not required to pay for repairs may be returned to the Guest.
(f) Nothing in this Agreement prevents the Landlord from claiming additional compensation (in addition to the amount of the Security Bond) from the Guest in relation to any breach of this Agreement or in relation to any damage to the Property.
(g) The Guest hereby acknowledges and agrees that the Guest may be liable to the Landlord for any loss or damage that the Landlord suffers as a result of the Guest’s use of the Property, and that this liability is not limited to the amount of the Security Bond.
(h) The Landlord may retain some or all of the Security Bond if the house is left in an excessively dirty condition, where it would take longer than usual to clean the house.
(6) PAYMENT FOR BOOKING
(a) In consideration for the Landlord allowing the Guest to use the Property in accordance with this Agreement, the Guest must pay the Accommodation Fee as specified by the Landlord.
(b) A deposit, in the amount as specified by the Landlord (“the Deposit”) must be paid at the time of booking.
(c) The balance Accommodation Fee (which amounts to the Accommodation Fee less the Deposit) must be paid in full by the following time:
Seven (7) days prior to the Arrival Date
(7) BOOKING DATES
The Arrival Date of this booking is: As per contract
The Departure Date of this booking is: As per contract
Guests may check-in to the Property from the following time on the Arrival Date: 2:00pm (unless the Guests have paid for an early check-in)
(a) Guests must check-out of the Property by the following time on the Departure Date (“the Check-Out Time”): 11:00am (unless the Guests have paid for a late check-out)
(b) In the event that Guests do not vacate the Property by the Check-Out Time, a late check-out fee of $150 will apply.
(10) CANCELLATION BY GUEST
(a) In order to cancel a Booking, the Guest must contact the Landlord in the following way:
Email: [email protected] or telephone: +61 433 718 636
(b) For any Bookings which are cancelled within thirty (30) days of the Arrival Date, the following procedure will apply:
The 50% deposit will be forfeit.
(c) For any Bookings which are cancelled within seven (7) days of the Arrival Date, the following procedure will apply:
100% of money paid will be forfeit.
(11) CANCELLATION BY LANDLORD
In the unlikely event that the Landlord must cancel or alter the Booking (for example, due to fire or other damage to the Property), the Landlord will:
(a) advise the Guest at the earliest opportunity about the cancellation or alteration of the Booking; and
(b) make all reasonable efforts to accommodate the Guest, on preferred dates that are acceptable to the Guest, provided the property is available; and
(c) if the Landlord is unable to accommodate the Guest in accordance with the preceding sub-clause hereof, then the Landlord will refund to the Guest any money which the Guest has paid to the Landlord under this Agreement, including any Accommodation Fee, any Deposit, Cleaning Fee and any Security Bond.
(12) NUMBER OF GUESTS
The maximum number of persons who may occupy the Property is ten (10). Of this, a maximum of six (6) adults (defined as over the age of 18 years) are allowed.
Children are permitted on the Property, however, Guests are responsible for the actions of any and all children in their group, and must take all reasonable steps to ensure that the children comply with the Guest’s obligations under this Agreement.
(14) NO SMOKING/VAPING INSIDE
Smoking and/or vaping is strictly prohibited inside the Property.
(15) NO PETS
(a) Guests are strictly prohibited from bringing onto the Property or the surrounding grounds any pet or animal. If pets are detected on or inside the property, the Landlord may evict the Guest immediately without refund.
(16) NO NUISANCE
(a) Guests must not do anything which may be reasonably considered to cause a nuisance or annoyance, whether to the Landlord or to anybody else.
(b) In the event that Guests cause an unreasonable nuisance or annoyance, that police are called in relation to a nuisance or annoyance that is caused by the Guests, or complaints are otherwise made about a nuisance or annoyance which is caused by the Guests, the Landlord reserves the right to immediately terminate this Agreement and upon such termination the Guests will have to vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Landlord under this Agreement.
(a) Guests must consider neighbours and any other persons within proximity of the Property and must not create excessive noise, whether by loud music or otherwise.
(b) In the event that neighbours or other persons are disturbed by excessive noise, police are called for excessive noise, or complaints are otherwise made about excessive noise which is caused by the Guests, the Landlord reserves the right to immediately terminate this Agreement and upon such termination the Guests will have to vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Landlord under this Agreement.
(c) Quiet hours are from 22:00 until 07:00. Noise level monitoring devices have been installed in the house and if excessive noise is detected, the Landlord may evict guests without any refund.
(18) PROPERTY USE
(a) The Property may be used for short-term residential accommodation.
(b) The Property may not be used for any parties, gatherings, weddings or other functions.
(c) The Property may not be used for any commercial purposes or other events.
(d) The Property may not be used for any other purposes without the Landlord’s express written permission.
(19) CONDITION OF THE PROPERTY
(a) Guests must leave the Property including all carpets, floor coverings, doors, walls, windows, furniture, equipment, bedding, linen, towels, kitchen equipment, crockery, glasses, plates, white goods, electrical equipment, keys, key cards, remote controls and any other items at the Property (“Items”) in a clean, neat and tidy condition.
(b) Guests must not damage the Property and must not damage, remove or lose any Items.
(c) Guests must immediately notify the Landlord of any issues with or damage or loss to the Property or any Items.
(d) Before vacating the Property, Guests must clean any dishes, remove any food from refrigerators and deal with rubbish as directed by the Landlord, either by placing it in bins provided or by removing it from the Property.
(e) The Guests hereby acknowledge and agree that the Cleaning Fee provided for in this Agreement is a nominal cleaning fee which may not cover all of the Landlord’s costs in the event that the Guests do not leave the Property in a clean, neat and tidy condition as required by this clause.
(f) The Guests hereby acknowledge and agree that in the event that the Guests do not leave the Property in a clean, neat and tidy condition as required by this clause, or in the event that the Guests damage the Property or damage, remove or lose any Items, the Landlord may charge an additional fee (in addition to the Accommodation Fee, the Cleaning Fee and any other fees provided under this Agreement), or retain part or all of the Security Bond.
(a) Guests must take all reasonable and necessary steps to safeguard the Guests’ personal property.
(b) The Guests and/or any other occupants or invitees of the Guests use the Property at their own risk.
(c) Guests must exercise due care at and around the Property including, without limitation, observing any safety directions, instructions or signage and looking out for the safety and wellbeing of themselves, all other Guests, all invitees and occupants of the Property or any other persons.
(d) The Guests hereby acknowledge and agree that to the maximum extent permitted by law, the Landlord will not be held liable for any loss, injury, or any loss or damage to property (“Loss”) which the Guests and/or any other occupants or invitees of the Guests or any other persons may suffer in connection with the Guests’ use of the Property, unless that Loss is caused by the Landlord’s negligence.
(e) The Guests may have certain rights under the Australian Consumer Law (“ACL”), or under other similar or related consumer protection laws.
(f) The ACL (or any other similar or related consumer protection laws) may give the Guests certain rights, warranties, guarantees and remedies regarding the provision of services by the Landlord, which cannot be excluded, modified or restricted by the Landlord (“Statutory Rights”).
(g) The Landlord’s liability to the Guests is governed solely by any applicable laws (such as the ACL and any other similar or related consumer protection laws) and by this Agreement.
(h) To the maximum extent permitted by law, the Landlord excludes all conditions and warranties implied by custom, law or statute, except for the Guests’ Statutory Rights, and the Landlord expressly disclaims all warranties of any kind.
(i) The Guests hereby agree that the Guests are solely responsible for determining whether the Property is fit for the Guests’ purpose.
(j) When the Guests’ Statutory Rights apply, to the maximum extent possible, the Landlord’s liability in respect of any claim is limited to, at the Landlord’s option:
(I) the supply of the Booking again; or
(II) the payment of the cost of having the Booking supplied again
(k) The Landlord’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(l) This clause will survive termination, expiration or completion of this Agreement.
(a) The Guests hereby indemnify and keep indemnified the Landlord and any of the Landlord’s employees, agents, subcontractors, representatives or affiliates (each hereinafter being referred to as an “Indemnified Party”) against any and all loss, damage, claim, demand or liability whatsoever (whether criminal or civil) and any and all legal and other fees and costs incurred by the Landlord resulting from:
(I) the Guests’ use of the Property or anything provided under this Agreement;
(II) any transaction, contract, event or matter arising from or connected with the Guests’ use of the Property; or
(III) the relationship between the Landlord and the Guests.
(b) The Guests shall not be liable under the indemnity given under this clause where a court of competent jurisdiction, giving a final judgment, holds that any loss, damage or liability is the result of the gross negligence, wilful misconduct or bad faith of an Indemnified Party.
(c) This clause will survive the termination or expiration of this Agreement.
The Guests hereby warrant that they will compensate the Landlord for any harm, loss or damage which the Landlord suffers as a result of the actions of the Guests, or of any invitees of the Guests and/or of any other occupants of the Property. This includes but is not limited to harm, loss or damage to the Property or to the Items, or any lost income which the Landlord suffers as a result of being unable to provide the Property to subsequent guests.
(23) PROBLEMS WITH THE PROPERTY
(a) In the event that there is a problem with the Property, Guests should contact the owners on 0411 736 264 or 0433 718 636.
(b) Guests will not be entitled to a refund if there are problems with the Property including but not limited to problems with television, stereo, fridge, WiFi, other appliances, plumbing, electrical systems, or lights.
(a) Any breach or anticipated breach by the Guests of any of the terms of this Agreement will permit the Landlord to enter the Property, to cancel or alter the Booking and/or to remove the Guests from the Property.
(b) In the event that a Booking is cancelled within seven (7) days of the Arrival Date, or the Guests are removed from the Property, the Guests will not be entitled to a refund of any money paid under this Agreement.
If any clause or sub-clause of this Agreement is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances the remaining provisions of this Agreement shall continue in full force and effect.
(26) SURVIVAL OF OBLIGATIONS
At the termination or expiration or Completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which explicitly state that they will survive termination or expiration.
(27) PAYMENT INSTRUCTIONS
Payment of any amounts under this Agreement may be made in the following manner:
By credit card (Please contact us for payment details)
By direct deposit to the following bank account:
BSB: 803 439
Account: 226 532 095
Account Name: Jandi Holiday
Reference: Please use booking number
(28) RESPONSIBLE ADULT
(a) The person who enters this Agreement as the Guest will be nominated as the primary point of contact and the person responsible for managing the Booking on behalf of all of the Guests (“the Responsible Adult”).
(b) The Responsible Adult warrants that he or she is at least 25 years of age.
(c) The Responsible Adult warrants that he or she is authorised to enter this Agreement on behalf of all the Guests that the Booking relates to.
(d) The Responsible Adult warrants that the information he or she has provided to the Landlord is accurate and complete, including but not limited to the information that the Landlord has provided about the number of additional Guests that will be staying at the Property, and the names of all other Guests.
(e) The Responsible Adult must ensure that all of the Guests as well as any invitees of the Guests, and any persons who occupy or attend the Property during the Booking Term or for any part of the Booking Term, understand and agree to this Agreement, and comply with all of the Guest’s obligations under this Agreement.
By making a Booking to stay at the Property the person making the Booking confirms that all Guests have had the opportunity to read and understand the terms of this Agreement and they agree to be bound by this Agreement.