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DEFINITIONS |
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The terms Accommodation, Tenant, Start Date Of Stay, End Date of Stay and Charge are defined above.
“Claim” means any action, claim, suit, demand, loss, damage, liability, cost, expense, tax, outgoing or payment of whatever nature.
“Owner” means the entity that legally owns the Accommodation.
“Tenant” means the entity or person that is staying at the Accommodation.
“Guests” means the any person (child or adult) staying at the Accommodation, including The Tenant.
“Rental Fee” means the amount charged to the Tenant for the stay.
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TERM OF AGREEMENT |
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The Agent and the Tenant enter into this Agreement on the date stated above for from Start Date of Stay until End Date of Stay, or until the Tenant vacates the Accommodation as advised in writing by The Agent. |
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YOUR OBLIGATIONS
3.1 |
The person who has signed as the Tenant must stay at the Property. The Tenant will be held responsible for the conduct of all guests and for the condition of the Property, its contents and surroundings. |
3.2 |
You are granted limited permission to occupy the Accommodation for short term purposes only. This is not a residential tenancy agreement under the residential tenancy legislation. |
3.3 |
Your occupancy is granted for the period stated in your booking invoice (only) and in consideration of the total rental stated in your booking invoice. |
3.4 |
The number of persons staying at the Accommodation must not at any time exceed the {Maximum Guests} persons unless the Agent has provided this in writing. You must not allow persons other than Guests at the Accommodation unless we have agreed with you otherwise in writing. In the case that the maximum number of persons is exceeded, your occupancy may be immediately terminated and/or additional rental fees charged and deducted from your security bond. |
3.5 |
The Tenant, will be responsible for all damages, breakages and losses occurring to the Accommodation during the term of your occupancy. Any associated costs, expenses or damages arising to The Agent or The Owner as a result of any such damage, breakage or loss will be charged to you. |
3.6 |
All Guests must comply with the House Rules (supplied at the Accommodation or digitally), respect the residential amenity and security of the Accommodation and neighbours, and refrain from anti-social behaviour. |
3.7 |
You must comply with any reasonable instructions given by The Agent, The Owner, The Bulding Property Manager or the Accommodations’s security services during the course of your stay. |
3.8 |
You must notify The Agent in writing and by phone of any disputes or complaints as soon as is practicable. |
3.9 |
Failure to comply with this agreement (including the House Rules) may result in termination of your permission to occupy the Accommodation and eviction. |
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4 |
BOOKINGS
4.1 |
Keys will not be issued for commencement of occupation unless you have signed this agreement. |
4.2 |
Your booking is confirmed in good faith at the time of acceptance, however your booking can be cancelled without notice if this agreement is not signed. Should the Owner do anything which results in the Accommodation being no longer available or suitable for the booking (such as selling the Accommodation, taking it off the rental market or changing the nature of the Accommodation), then The Agent and The Owner reserve the rights to cancel the booking without notice. In this case, we will endeavour to make alternative arrangements that are suitable to you. |
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5 |
PAYMENTS
5.1 |
The Agent accepts credit cards and debit cards (Visa, Mastercard or American Express, if available) and Electronic Funds Transfer (allow 3 days) to the following account:
Name: Ready Set Host Bank: Westpac BSB: 033-040 Account No: 457890 Reference: Your booking code provided to you by a system or by The Agent.
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5.2 |
For payments made by credit card and debit card, The Tenant will incur an additional merchant/credit card processing fee of 3% of the payment amount for Visa and Mastercard, and 4% for American Express if available. |
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6 |
ARRIVALS AND DEPARTURES
6.1 |
Your occupany period will commence at 4pm on your Start Date of Stay and end at 10am on the End Date of Stay. You will be required to schedule a checkin and checkout time with The Agent to collect and return keys. |
6.2 |
Our hours are 8am to 8pm for arrivals and departures. If you require times outside of these hours, you will need to arrange this with The Agent and will be subject to a Charge. |
6.3 |
An acceptable form of photographic identification will need to be produced when collecting keys. |
6.4 |
Your occupany period will end at 10 am on your End Date of Stay. You must vacate the Property by 10am sharp unless we have agreed with you otherwise in writing. |
6.5 |
We may be flexible with arrivals and departures, must it must be confirmed by us in writing. A Charge may apply. |
6.6 |
Lost Keys will be subject to a Charge. This will be notified to you which will include a cost for the key and the cost for The Agent service fee. |
6.7 |
In the event there is damage, unsatisfactory cleaning or rubbish at the Accommodation upon your arrival, please report this to The Agent immediately. We will endeavour to rectify it as appropriate. |
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7 |
CLEANING
7.1 |
The Accommodation will be cleaned prior to commencement of your rental and we ask that you leave the Property in the same condition, (clean, neat and tidy). Please remove any food from the fridge and pantry and take all excess rubbish and recycling with you. |
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8 |
RUBBISH
8.1 |
All rubbish must be placed in the bins provided (but bins must not be overflowing). If your Accommodation provides a rubbish shoot or bin room, please use these. Rubbish must not be left in public or common areas and will not be collected from the roadside if not inside the bin. |
8.2 |
Bins must be put out the night before the local collection, except if your Accommodation provides commercial bins. Refer to the House Guide for when this is. |
8.3 |
Please remove any excess garbage and recycling from the Property upon departure. |
8.4 |
Bins left overflowing and any excess garbage or recycling left behind will incur a removal charge of $90.00+GST per hour, which will be a Charge to you. |
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9 |
LINEN
9.1 |
Doonas and pillows will be supplied with the Accommodation. |
9.2 |
You will be required to supply your own sheets, pillowcases and towels unless arranged by The Agent or provided with your booking. The Agent can arrange for the hire of quality linen and towels. |
9.3 |
Any missing pillows, dooners, linen and towels will be subject to a Charge for replacement and The Agent service fees. |
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10 |
OTHER
10.1 |
The Agent and the Owner take no responsibility for your personal belongings. Any belonging left by the Tenant will be notified to them. The belonging will be kept for up to 7 days and will then be disposed of. Belonging left behind if requested by the Tenant can be held longer than 7 days or mailed and will be subject to a Charge by The Agent. |
10.2 |
You will be required to supply your own sheets, pillowcases and towels unless arranged by The Agent or provided with your booking. The Agent can arrange for the hire of quality linen and towels. |
10.3 |
The Agent and the Owner have endeavoured in good faith to accurately describe the Accommodation to you. We do not take any responsibility for incorrect descriptions or omissions and The Agent and the Owner will not be held liable should the Accommodation not match your expectations. |
10.4 |
The Property will be inspected by The Owner, The Agent or a contractor employed by The Agent upon The Tenant’s departure. Any decision made by The Agent as to the state of the Accommodation and any damage will be final. |
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AGENT’S AUTHORITY
The Agent is hereby granted full authority to charge the Tenant from their supplied credit card or bond without notice in accordance with this Agreement and for any Charge. The Agent has the right to enter the Accommodation at any time while under occupany by the Tenant.
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12 |
LIMITATION OF LIABILITY
The Agent and all employees or independent contractors hired by the Agent, disclaim all liability, to the maximum extent permitted by law, for all Claims, including any liability related to injury to persons or damage to property or to Accommodation under Agent’s supervision, except in instances of gross negligence or wilful misconduct by the Agent.
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13 |
IDEMNITY
The Tenant agrees to release, defend, indemnify, and hold the Agent and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any Claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with this Agreement.
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14 |
GST
Any amount payable by the Tenant under this Agreement in respect of a supply by the Agent which is a taxable supply under the GST legislation represents the GST exclusive value of the supply and the Tenant as a recipient of the supply must upon receipt of a Tax Invoice from the Agent in addition pay to the Agent the GST payable in respect of the supply.
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OWNER’S ACKNOWLEDGEMENT
The Owner acknowledges that:
(a) |
the Agent is the legal representative for the Owner of the Accommodation and has legal rights to enter into this Agreement; |
(b) |
having read, understood and agreed to the terms and conditions of this Agreement and received a signed or digital (online or by email) copy of this Agreement from the Agent; and |
(c) |
agrees that his/her personal information will be collected and may be used as required for the occupancy or for marketing purposes. |
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ASSIGNMENT
The Tenant may not assign or transfer this Agreement, by operation of law or otherwise, without the Agent’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. The Agent may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
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SIGNATORY AUTHORISATION
The person executing this Agreement acknowledges and agrees that they are entitled to enter this Agreement on behalf of the Tenant.
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ENTIRE AGREEMENT
This Agreement (including the House Rules supplied at the Accommodation or digitally – online or by email) represents the entire agreement between the parties and supersedes all other agreements, arrangements and representations made between the parties relating to the same subject matter.
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SEVERANCE
If any part of this Agreement is invalid, illegal, unlawful or otherwise incapable of enforcement:
(a) |
that part will be deemed severed from this Agreement and of no force; |
(b) |
all remaining parts of this Agreement will remain in full force; and |
(c) |
no part of this Agreement will be construed to be dependent upon any other clause or part of a clause unless expressly stated to be. |
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GOVERNING LAW
This Agreement is governed by the law in force in the State of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of the State of Victoria.
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21 |
COUTERPARTS
This Agreement can be executed by counterparts.
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