Copy of HOLIDAY PROPERTY RENTAL AGREEMENT for The Gulls Dromana. All guests will be provided with a personalised agreement to sign before their stay.
HOLIDAY PROPERTY RENTAL AGREEMENT.
The Gulls Dromana
RENTER AGREES TO ALL OF THE FOLLOWING TERMS AND CONDITIONS OF HOLIDAY LETTING THE ABOVE PROPERTY:
1. Rental Fees and Deposits. To secure the property the payment for the term of the rental must be tendered with a signed copy of your personalised Agreement and the balance paid at least 14 days prior to the Check-In Date.
A security bond of $200.00 is required and is payable at the same time as the final payment. The bond will be used for any loss suffered by owner as a result of the renter renting the rental property from the owner. This includes but is not limited to: the replacement cost of any items needing repair or replacement or any damage to the premises beyond normal wear and tear; persons occupying the rental property in excess of those nominated in clause 3 of this agreement; the re-keying fee referred to in clause 9 of this agreement; the administrative fee referred to in clause 14 of this agreement.
No further amounts will be payable provided that the Property is left neat and tidy and in the same condition it was in at Check-In, with no items needing repair or replacement or any damage to the premises requiring repair or replacement.
You will be notified by email within 7 days departure of any costs incurred or your bond will be refunded.
2. Rate Changes. Rates are valid at the time of booking. Owner agrees that the fees quoted in this Agreement will not be adjusted based upon any subsequent changes to the rates.
3. Occupancy. The maximum number of occupants allowed on the Property is 6. Renter’s party will consist of the following persons:
Renter of Relationship to Renter
NO PERSONS OTHER THAN THOSE LISTED ABOVE ARE ALLOWED TO STAY OVERNIGHT ON THE
PROPERTY. If any person, not previously agreed to by the owner in writing, stays overnight, then an additional fee will be charged of $100 per person per night.
4. Description of Property.
Type of premises: House
Number of bedrooms: 2 plus rumpus room with sofa bed.
Number of bathrooms: 2
Sizes of beds: 1 x Queen, 2 x single, 1 x Double sofa bed.
Off Street Car Parking: Undercover car port and covered parking for a boat.
Linens / towels provided: Yes
A full supply of linen is provided. Bed linen and bath towels will not be changed during the rental period. When checking out please leave the linen on the beds and place the towels in the bathroom or laundry.
The owner will provide an initial supply of toilet tissue and rubbish bags etc, based on the number of occupants; however, there is no guarantee that the supply of any of these items will be enough to last until the Check-Out Date. Any additional items must be provided by Renter at Renter’s sole expense.
The Property is fully furnished and equipped with kitchen and laundry facilities. Certain areas in the Property may be locked for the Owner’s personal storage and are not included in this rental.
Owner and Renter acknowledge that any description of the Property is made in good faith, and Owner accepts no responsibility for any misdescription or misrepresentation that may be incorrectly interpreted by Renter after the booking has been made.
5. Cancellations. In the event that Renter cancels the reservation for any reason, a cancellation fee of 100% of the deposit will be charged unless cancellation occurs within 14 days of the Check-In Date, when Renter will also be liable for the balance of the rental fee if Owner is unable to let the Property to another renter for that rental period. Should cancellation occur after the Check-In Date, all monies paid by Renter shall be forfeited.
6. Changes to Booking. Should Renter need to change the booking dates, Owner will use its best endeavours to work with Renter to find mutually agreeable booking dates for the Property. An administrative fee of 10% of original booking will be payable by Renter for all changes. The holding deposit may be forfeited upon a re-booking, at the discretion of Owner.
7. No Shows. If Renter does not show up within twelve (12) hours following the Check-In Time, and has failed to contact Owner regarding any delay in arrival, Renter will be considered a „no show‟ and shall be liable to Owner for the total amount of the Rent.
8. Check-Out. Renter shall vacate the Property by 10 am on the Check-Out Date. Prior to vacating the Property, Renter must ensure that the Property is clean and tidy, all furniture and accessories returned to their original locations, all appliances wiped down, dishes washed, and all keys to the Property placed in the key safe. Renter shall dispose of all rubbish in the bins provided by the local council in the driveway area of the property.
9. Lost Keys. If any key to the Property is not returned at Check-Out, a re-keying fee of A$90 + GST will be charged.
10. Cleaning Charges. A cleaning charge of $45 is included in the tariff. If however the Property is not left in a clean and tidy condition by Renter at Check-Out, Owner will bill Renter for the extra cleaning charges, which are billed at the rate of A$50 + GST per hour and deducted from the bond.
11. Repairs, Damage to Property. Renter shall be responsible for the cost of any repairs to the Property or replacement of items on the Property due to action or inaction of Renter or any other occupant or visitor to the Property. Renter and all occupants are responsible for looking after the Property during their stay. The cost of necessary repairs and replacement of items will be deducted from the security bond. If such costs exceed the amount of the security bond, Renter agrees to pay the balance upon receipt of written demand from Owner. Owner will provide Renter with receipts showing the actual cost of such repairs / replacement.
12. Damage Not the Fault of Renter. If Renter discovers at Check-In that the Property or any of the contents are damaged, not working or otherwise in need of repair or replacement, Renter must immediately notify Owner. If Renter must vacate the Property because of damage not resulting from Renter’s act or neglect, Renter will be refunded the rental fees for such period of time that Renter is unable to occupy the Property, prorated on a per diem basis commencing on the date that Renter was forced to vacate and calculated to the date on which Renter was able to re-occupy the Property or the end of the rental period, whichever comes first. If the Property is totally destroyed, this Agreement will terminate and Renter will pay rent up to the date of destruction. Owner is not responsible for any inconvenience or interruption of services due to repairs, improvements, or any reason beyond Owner’s control, and no refund will be given in this event. Renter understands and agrees that Owner may enter the Property at any time for the purpose of making required repairs.
13. Restrictions on Use of Property.
(a) Smoking is NOT allowed inside house.
(b) Pets are permitted at the discretion of the owner.
(c) A maximum of 6 people (inclusive of adults and children) will be accommodated in the Property at any one time, unless specifically agreed to in writing by Owner prior to the reservation.
(d) Parties or group gatherings of more than 10 people are strictly forbidden.
(e) Caravans and tents are not allowed on the Property.
(f) The Renter and all occupants and visitors to the Property must not do anything which would in any way invalidate or otherwise affect the validity of the insurance policy maintained by Owner on the Property.
(g) A curfew on loud music and other noise is imposed after 10 p.m. Renter shall respect the peace and quiet of the neighbours who live in the area. Only one (1) warning following a noise complaint will be given. Any further complaints will result in a notification to vacate the Property immediately with no refund given.
Renter, Renter’s family and invitees shall immediately vacate the Property upon written notice by Owner or the Owner’s representative for a breach of any of the foregoing restrictions, and Renter acknowledges that these are essential clauses in this Agreement.
14. Complaints. Should Owner or Owner’s representative need to attend at the Property due to complaints from neighbours, number of guests exceeding the maximum, or breach of any condition of his Agreement, an administrative fee of A$100 + GST will be charged.
15. No Liability. Owner shall have no liability for lost, stolen or damaged personal property, or for injury to persons arising out of the condition of the premises or any hazard in or about the premises, unless the same is directly due to Owner’s negligence or willful misconduct.
16. Disputes. If any dispute should arise between the parties with respect to this Agreement, the parties shall first endeavour to resolve the matter by agreement or mediation.
17. Amendments to Agreement. This Agreement can only be changed by an agreement in writing signed by both Renter and Owner.
18. Assigning, Subletting. Renter may not assign this Rental Agreement or sublet the Property under any circumstances.
19. Entire Agreement. This document, including any attachments or schedules incorporated by reference herein, constitutes the entire and sole agreement between Owner and Renter with respect to the subject matter hereof, and correctly sets forth the obligations of Owner and Renter to each other as of the date hereof. Any agreements or representations by Owner to Renter with respect to the subject matter of this agreement not expressly set forth herein are null and void.
20. Currency. All figures are in Australian Dollars.
21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Victoria. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within such jurisdiction.
I/ We the undersigned have read and understand the foregoing Rental Agreement and agree to the terms and conditions contained herein. I/We represent to the Owner that I/we are at least 24 years of age.