This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date written below by and between the undersigned person(s) or company (the “Guest”) and the undersigned owner, manager or agent (“Rental Agent”), pursuant to which the Guest has agreed to rent the residence described below (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
Guest agrees that no more than eight (8) persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY:
The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as, pools, decks, balconies and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.
Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbour’s, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, solicitors fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest’s rental of the Property:
Standard Terms and Conditions of Temporary Holiday Accommodation (Oceanside Villa)
Note: The Terms and Conditions (T&Cs) are in addition to any T&Cs on the Holiday booking websites. Variances to these T&Cs can be agreed on but only by arrangement with the owner in writing.
- A non-refundable holding Deposit (Deposit) of 50% of the rental fee (Fee) is required to secure the booking. Payment of the Deposit constitutes the guests acceptance of these T&Cs.
- The balance of the Fee plus the Security Bond (Bond) must be received in full at least 42 days prior to the start of the booking period.
- If the balance of the Fee is not received at least 42 days before the booking period starts, the booking will be automatically canceled and the deposit will not be refunded.
- If the enquiry is within 42 days of the required booking period then 100% of the Fee plus the Bond must be paid to secure the booking.
- The owner reserves the right to advertise on other Holiday websites, some of these sites accept automatic bookings. Should a double booking occur the Owner reserves the right to decide which booking to accept. The Deposit paid by the other booking party will be refunded in full.
Cncellation by the Guest.
- The 50% Deposit is a holding fee and is non-refundable.
- If the Guest cancels the booking within 42 days of the rental period then 100% of the full Fee shall be forfeit unless the Owner is able to rebook the property with a new Guest.
- If the property is rebooked for that rental period then the Fee shall be refunded to the Guest, (for those dates re-booked) minus the 50% Deposit and minus any discount applied to the new booking.
Cancellation by the Owner.
- The owners will make every effort to ensure the property is available as booked, however the owners reserve the right to make alterations to bookings due to unforeseen circumstances.
- If the owner cancels the reservation the Owner will refund all monies paid by the Guest or book the Guest into similar alternative accommodation.
Noise and Residential amenity
To maintain a good standard for our guests we require certain conditions to be complied with. We appreciate most guests will respect our property but the occasional abuse requires that we state the following conditions.
- The number of Guests shall not exceed the number stated on the Confirmation Notice/Guest Details Form or subsequently agreed in writing or email. Additional fees will apply for excess guests not agreed with the owners in advance.
- All Guests must occupy the beds provided. (i.e., no sleeping on sofas, camp beds)
- Parties and Functions are strictly prohibited. The price charged is for domestic use only and not commercial. Accordingly this rate does not allow for the extra wear associated with functions in terms of cleaning, garbage removal, wear and tear, repairs etc. Use contrary to this may result in loss of your bond and/or additional payments.
- Guests and Visitors must not create noise, which is offensive to occupiers of neighbouring properties especially between 10pm - 8am at any time throughout the occupancy. Laws in relation to excessive noise are strict in Western Australia and are enforced by the Police.
- Offensive noise is prohibited and may result in termination of permission to occupy the Property, eviction, loss of rental paid and extra charges for security and other expenses which may be deducted from Security Bond under the T&Cs; and
- Guests and Visitors must not engage in any anti-social behaviour and must minimise their impact upon the residential amenity of neighbours and the local community.
- Guests are responsible for ensuring the limits set on Visitor numbers is complied with at all times; and
- Guests are responsible for ensuring that Visitors comply with these House Rules.
- Visitors are not permitted to stay overnight unless agreed with the owner in writing.
- No commercial activity is permitted to be carried out from the property.
- No sub-letting of the property is permitted.
- Damage, Breakages, are the tenants responsibility during their stay. All damages must be reported to the owner and may be subject to all or part of the Bond being withheld.
- Theft and Loss - the owners take no responsibility for the tenant's personal property.
- The property should be left in a similar state to its condition on arrival. (Clean and tidy) Check-out time is 10:00 am, to allow time to prepare property for next guests.
- The Bond will be refunded within 14 days in full subject to the above conditions being met. It is designed to cover any additional costs incurred including but not limited to, any breakage, damage or excess cleaning requirements, extra guests beyond those declared etc.
- Linen sufficient for the number of guests and the length of stay will to be supplied by the Owner.
- Pets are not allowed unless specific arrangements have been made in writing with the owner.
- Variations to these conditions may only be made by prior arrangements with the owner in writing.
This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent. The words “Rental Agent” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. The guest agrees to this agreement by booking the property.