The Terms and Conditions:
a) Must be in writing;
b) May be in electronic, printed or other legally compliant form;
c) Must include the information and cover the matters in Part 3 of this Code of Conduct;
d) May incorporate information by reference including Booking Conditions, Occupancy Agreement, House Rules, By Laws and information made available to the Guest from web sites; and
e) May cover such other matters generally required in relation to Holiday Rental of the Property and any special conditions provided they are not inconsistent with this Code of Conduct including in particular this Part 3.
3.2 General Content
a) The Terms and Conditions must include:
i. the address and description sufficient to identify the particular Property;
ii. Guest’s name, usual residential address, email and phone number(s);
iii. dates of occupancy and check-in/check-out times;
iv. total rental payable and any other charges;
v. amount and timing for payment of deposit and balance of moneys due;
vi. provisions on variation, cancellation and forfeiture or refund of moneys paid; and
vii. contact details for the Manager or their nominated representative.
b) The Terms and Conditions must not offend the unfair contract terms and other provisions of the Australian Consumer Law.
3.3 Licence not a tenancy
The Terms and Conditions must include:
a) Guests are granted a limited permission to occupy the Property for holiday purposes;
b) This is not a residential tenancy agreement under the residential tenancy legislation; and
c) Failure to comply with the Guest's obligations in the Terms and Conditions may result in termination of permission to occupy the Property and eviction.
3.4 Security Deposits or Bonds
A security deposit (or equivalent) should be obtained from the Guest (e.g. as cash or a credit card transaction or authorisation) prior to commencement of the occupancy;
a) Guests should be advised that failure to comply with the Terms and Conditions may result in charges against the security deposit; and
b) Security deposits should be administered, processed and accounted for and any balance released or returned to the Guest as soon as possible following their departure in accordance with the applicable law.
3.5 Maximum number of Guests and Visitors
In compliance with the Code of Conduct the Terms and Conditions must specify:
a) Maximum permitted number of Guests; and
b) Maximum permitted number of Visitors.
3.6 General obligations of Guests and Visitors
Guests and Visitors must:
a) Comply with all House Rules and By-Laws;
b) Respect the residential amenity and security of the Property and neighbours;
c) Refrain from anti-social behaviour;
d) Guests must control and be responsible for Visitors and ensure that Visitors comply with the House Rules;
e) Comply with any instructions from the Manager and security services during their stay; and
f) Notify the Manager of any disputes or complaints as soon as is practicable.
3.7 Noise and Residential Amenity
a) Guests must not create noise which is offensive to neighbours especially between 10pm-8am and during arrival and departure at any time throughout the occupancy.
b) Offensive noise is prohibited and may result in:
i. termination of permission to occupy the Property;
iii. loss of rental paid; and
iv. extra charges for security and other expenses which may be deducted from Security Deposits or Bonds.
c) Guests must abide by any noise abatement conditions, standards and orders issued by police or any regulatory authority to minimise impacts upon the residential amenity of neighbours and local community.
3.8 Functions and parties
a) The Property is not a “party house” and any such activities are strictly prohibited; and
b) Any gathering, celebration or entertainment permitted at the Property must not conflict with residential amenity and must comply with all House Rules.
3.9 Access and Parking
a) Guests and Visitors must comply with parking regulations and show consideration to neighbours;
b) Information on any constraints on access or any parking restrictions to ensure ease of access with minimum disturbance to other residents or neighbouring properties;
c) If relevant, specify maximum number of vehicles permitted onsite and parking space(s) allocated; and
d) If relevant, Guests may be required to supply vehicle/trailer registration numbers.
3.10 Recycling and Garbage
a) Guests must dispose of garbage and recycling in accordance with the usual practice at the Property and in the allocated bins;
b) Guests must not leave excess rubbish in public or common areas; and
c) Guests should be co-operative in complying with requirements in relation to the relevant local council garbage and recycling collection days, and any special requirements relating to the disposal of garbage or waste minimisation.
3.11 Complaints and dispute resolution procedure
Information on complaints handling including:
a) Guest’s obligations to report any problems or incidents promptly; and
b) Complaints and dispute resolution procedure.
3.12 Consequences of not meeting the Terms and Conditions
a) The consequences of not complying with the Terms and Conditions requirements can include enforcement action from the owner, Manager, security services, local councils or, in some instances, the Police.
b) Enforcement action is subject to the Australian Consumer Law and other relevant legislation.
c) Such enforcement action could result in termination of permission to occupy the Property, eviction, loss of rental paid, deductions from security deposits and extra charges.
d) It is therefore important for all Guests to be aware of their obligations and of their responsibilities to make any Visitors to the Property aware of these requirements to maintain the amenity of the Property and its neighbourhood.