Holiday Home Terms and Conditions - Template Form Pro · AU-law
✓ Valid in Australia · drafted to comply with local law
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SHORT TERM LICENCE TO USE PROPERTY
________
Welcome to our Property. We are pleased to have you staying with us and we hope you enjoy your stay. Please read this document carefully, as it sets out the terms governing your use of the Property and forms the basis of your agreement with us.
The Property is owned and/or operated by the following host ("the Host"): ________ (ACN ________) (ABN ________).
The contact details for the Host are:
Phone: ________
Email: ________
Address: ________
This Agreement is between You (the Guest) and the Host.
(1) NATURE OF THE LICENCE
In consideration of the mutual benefits and obligations described in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Host and the Guest agree as follows:
(a) Subject to the terms of this Agreement, the Host grants the Guest a personal, non-exclusive and non-transferable licence to use the Property for short term residential accommodation for the Booking Term.
(b) The Guest acknowledges and agrees that this Agreement creates a licence only and does not create a lease, tenancy or any estate or interest in the Property, and that the Guest is not entitled to exclusive possession of the Property. The Guest acknowledges that this Agreement is not a residential tenancy agreement and is not governed by the Residential Tenancies Act applicable in the State or Territory in which the Property is located.
(c) Nothing in this Agreement prevents the Host (or its authorised representatives) from entering the Property at any time, including for the purposes of inspection, maintenance, repair or to give effect to its rights under this Agreement.
(2) DEFINITIONS
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, as described in this Agreement or as otherwise specified by the Host.
"ACL" means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
"Agreement" means this Short Term Licence to Use Property, together with any schedules and annexures.
"Agreement Date" means the date on which the Guest signs this Agreement.
"Arrival Date" means the first date on which the Guest is entitled under this Agreement to occupy the Property.
"Booking" means the booking made by the Guest to stay at the Property in accordance with this Agreement.
"Booking Term" means the period during which the Guest is entitled to use the Property, subject to the terms of this Agreement, from the check-in time on the Arrival Date until the check-out time on the Departure Date.
"Cleaning Fee" means the cleaning fee (if any) specified in this Agreement.
"Departure Date" means the final date on which the Guest is entitled under this Agreement to occupy the Property.
"Guest", "Guests", "You" or "Your" refers to the person making the Booking, and to all members of the Party staying at the Property under that Booking.
"Items" means the chattels and other items which the Host 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, key cards, remote controls and any other items at the Property.
"Host" means ________ (ACN ________).
"Party" means either the Guest or the Host, and "Parties" means both of them.
"Property" means the following property:
________
"Reservation Date" means the date on which the Booking was made.
"Security Bond" means the security bond described in clause (5).
"Us", "We" or "Our" refers to the Host.
(3) INTERPRETATION
In this Agreement, unless the context otherwise requires:
(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 include companies, firms, corporations and organisations, and vice versa;
(d) headings and titles are included for convenience only and do 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) a reference to a statute or statutory provision includes any amendment, re-enactment or replacement of it; and
(h) all references to sums of money are references to Australian dollars.
(4) BOOKING
(a) The Booking will be confirmed upon communication from the Host to the Guest that the Booking has been accepted.
(b) The Booking will not be confirmed until:
(I) the Host has received payment of the Accommodation Fee in full; and
(II) the Host has received payment of the Security Bond in full; and
(III) the Guest has validly signed a copy of this Agreement and returned it to the Host.
(c) Once the Booking has been confirmed, the Host 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 $________ Australian dollars.
(b) The Security Bond must be paid in full by such date as specified by the Host.
(6) PAYMENT FOR BOOKING
(a) In consideration for the Host granting the Guest the licence to use the Property in accordance with this Agreement, the Guest must pay an accommodation fee ("the Accommodation Fee") of $________ Australian dollars per night.
(b) In addition to the Accommodation Fee, the Guest must pay a cleaning fee ("the Cleaning Fee") of $________ Australian dollars.
(c) The Accommodation Fee and the Cleaning Fee must be paid in full at the time of booking.
(d) All fees payable under this Agreement are inclusive of GST (if any) unless otherwise stated.
(7) BOOKING DATES
(a) The Arrival Date for the Booking is ________.
(b) The Departure Date for the Booking is ________.
(8) CHECK-IN
Guests may check in to the Property from the following time on the Arrival Date: ________.
(9) CHECK-OUT
(a) Guests must check out of the Property by the following time on the Departure Date ("the Check-Out Time"): ________.
(b) In the event that Guests do not vacate the Property by the Check-Out Time, the Host may charge a late check-out fee of $________ Australian dollars or such other amount as is prescribed by the Host from time to time.
(10) CANCELLATION BY GUEST
(a) In order to cancel a Booking, the Guest must contact the Host in the following way:
________
(b) For any Booking cancelled ________ days or more before the Arrival Date, the following will apply:
________
(c) For any Booking cancelled within ________ days of the Arrival Date, the following will apply:
________
(d) Nothing in this clause limits or excludes any rights the Guest may have under the ACL or any other applicable consumer protection law.
(11) CANCELLATION BY HOST
In the unlikely event that the Host has to cancel or alter the Booking (for example, due to fire or other damage to the Property), the Host will:
(a) advise the Guest at the earliest opportunity of the cancellation or alteration of the Booking; and
(b) make all reasonable efforts to accommodate the Guest, on terms acceptable to the Guest, in any other rental property that the Host owns or controls, or on any other dates on which the Property may be available; and
(c) if the Host is unable to accommodate the Guest in accordance with sub-clause (b), refund to the Guest all money paid to the Host under this Agreement, including any Accommodation Fee, Cleaning Fee and Security Bond.
(12) NUMBER OF GUESTS
The maximum number of persons who may occupy the Property is ________, or such other number as prescribed by the Host from time to time.
(13) CHILDREN
Children are permitted at the Property; however, Guests are responsible for the supervision and actions of any and all children in their group, and must take all reasonable steps to ensure that such children comply with the Guest's obligations under this Agreement.
(14) NO NUISANCE
(a) Guests must not do anything which may reasonably be considered to cause a nuisance or annoyance, whether to the Host, to neighbours 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 caused by the Guests, or complaints are otherwise made about a nuisance or annoyance caused by the Guests, the Host reserves the right to immediately terminate this Agreement and, upon such termination, the Guests must vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Host under this Agreement.
(15) NOISE
(a) Guests must have regard to neighbours and any other persons in the vicinity 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, that police are called for excessive noise, or that complaints are otherwise made about excessive noise caused by the Guests, the Host reserves the right to immediately terminate this Agreement and, upon such termination, the Guests must vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Host under this Agreement.
(16) PROPERTY USE
(a) The Property may be used for short term residential accommodation only.
(b) The Property may not be used for any commercial purposes, parties or other events.
(c) The Property may not be used for any other purpose without the Host's express written permission.
(d) Guests must comply with all applicable laws, by-laws, owners corporation or strata rules and any house rules notified by the Host in respect of the Property.
(17) CONDITION OF THE PROPERTY
(18) LIABILITY AND CONSUMER GUARANTEES
(a) Guests must take all reasonable and necessary steps to safeguard the Guests' personal property.
(b) The Guests and 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 and any other persons.
(d) The Guests acknowledge and agree that, to the maximum extent permitted by law, the Host will not be liable for any loss, injury or any loss of or damage to property ("Loss") which the Guests or any other occupants or invitees of the Guests or any other persons may suffer in connection with the Guests' use of the Property, except to the extent that such Loss is caused by the negligence or wilful default of the Host.
(e) Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the Guest by the ACL or any other applicable law which cannot lawfully be excluded, restricted or modified ("Statutory Rights").
(f) The Host's liability to the Guests is governed solely by the ACL, any other applicable law and this Agreement.
(g) To the maximum extent permitted by law, the Host excludes all conditions, warranties and guarantees implied by custom, law or statute, except for the Guests' Statutory Rights.
(h) Where the Host's services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Host's liability for failure to comply with a consumer guarantee under the ACL is, to the extent permitted by section 64A of the ACL and at the Host's option, limited to:
(I) the supply of the services again; or
(II) the payment of the cost of having the services supplied again.
(i) The Guests agree that they are solely responsible for determining whether the Property is fit for the Guests' particular purpose.
(j) The Host's failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
(k) This clause survives the termination, expiration or completion of this Agreement.
(19) PETS
(a) Pets are not permitted at the Property without the Host's express written permission.
(b) In the event that the Host grants permission for a pet to be kept at the Property, the Guest must ensure that the pet does not cause any damage to the Property or any Items, and does not cause any nuisance or annoyance to neighbours or any other persons.
(c) The Guest is responsible for cleaning up after any pet and for the cost of repairing any damage caused by a pet.
(d) In the event that an unauthorised pet is brought onto the Property, the Host reserves the right to immediately terminate this Agreement and, upon such termination, the Guests must vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Host under this Agreement.
(e) Notwithstanding the foregoing, nothing in this clause prevents a Guest from being accompanied by an assistance animal as permitted under the Disability Discrimination Act 1992 (Cth) or any other applicable law.
(f) The Guest must immediately notify the Host of any damage caused by a pet at the Property.
(20) SMOKING
Smoking is not permitted inside the Property. In the event that Guests smoke inside the Property, the Host may charge an additional cleaning fee and/or apply some or all of the Security Bond, and the Host reserves the right to immediately terminate this Agreement. Guests will not be entitled to a refund of any money paid to the Host under this Agreement.
(21) BREACH
(a) Any breach or anticipated breach by the Guests of any of the terms of this Agreement will permit the Host to enter the Property, to cancel or alter the Booking and/or to require the Guests to vacate the Property.
(b) In the event that a Booking is cancelled or the Guests are required to vacate the Property due to a breach of this Agreement, the Guests will not be entitled to a refund of any money paid under this Agreement.
(22) PRIVACY
The Host will collect, hold, use and disclose the Guest's personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and in accordance with the Host's privacy policy (if any). Personal information will be used for the purpose of administering the Booking and the Guest's use of the Property and related purposes.
(23) GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of ________, Australia, and each Party irrevocably submits to the non-exclusive jurisdiction of the courts of ________ and the courts entitled to hear appeals from those courts.
(24) SEVERABILITY
If any clause or sub-clause of this Agreement is held to be invalid, illegal or unenforceable, it is to be read down or severed to the extent necessary, and the remaining clauses and sub-clauses will continue in full force and effect.
(25) ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties in relation to its subject matter and supersedes all prior representations, arrangements, understandings and agreements.
(26) SURVIVAL OF OBLIGATIONS
Upon the termination, expiration or completion of this Agreement, any provisions which by their nature would be expected to survive shall remain in full force and effect, including but not limited to any provisions which expressly state that they survive termination or expiration.
(27) RESPONSIBLE ADULT
(a) The person who enters into this Agreement as the Guest is 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 18 years of age.
(c) The Responsible Adult warrants that he or she is authorised to enter into this Agreement on behalf of all of the Guests to whom the Booking relates.
(d) The Responsible Adult warrants that the information he or she has provided to the Host is accurate and complete, including but not limited to the information provided about the number of additional Guests 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 any part of it, understand and agree to this Agreement, and comply with all of the Guest's obligations under this Agreement.
(28) PROBLEMS WITH THE PROPERTY
(a) In the event of any problem with the Property, Guests should contact the Host on ________.
(b) Subject to clause (18) and the Guests' Statutory Rights, Guests will not be entitled to a refund in the event of problems with the Property, including but not limited to problems with the television, stereo, fridge, wifi, other appliances, plumbing, electrical systems or lights.
(29) EMERGENCIES
In case of emergency, telephone 000 for the police, fire brigade or an ambulance.
(30) ACKNOWLEDGEMENT
By signing this Agreement, the person signing confirms that all Guests have had the opportunity to read and understand the terms of this Agreement and that they agree to be bound by this Agreement.
EXECUTED AS AN AGREEMENT ON ________
Signed by the Guest (the Responsible Adult):
..................................................
Signature
________
Full Name
________
Address
________
Email
________
Phone
________
Date of Birth
In the presence of:
..................................................
Witness Signature
________
Witness Name
________
Witness Occupation
________
Witness Address
Signed for and on behalf of ________ (ACN ________) in accordance with section 127(1) of the Corporations Act 2001 (Cth) by being signed by ________ and ________, two of its directors (or a director and the company secretary):
..................................................
________, Director
..................................................
________, Director/Secretary
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