SHORT TERM LICENSE TO LEASE PROPERTY
Welcome to our property. We are glad to have you staying with us and we hope you enjoy your stay. Please read the following, which sets out the rules for your use of the Property and forms the basis of your agreement with us.
Sky Pods has a 2 night minimum stay
The Property is owned and/or operated by: ________ (ACN 17613929276)
The contact details for the Landlord are:
Phone: 0417599805
Email: stay@skypods.com.au
Address:
86 Manna Gum Drive Cape Otway Victoria 3233
This Agreement is between You and the Landlord.
(1) LICENCE TO USE PROPERTY
In consideration of the mutual benefits and obligations described in this Agreement, the receipt of which and the sufficiency of which are hereby acknowledged, the Landlord and the Guest hereby agree as follows:
(a) Subject to the terms of this Agreement, the Landlord grants the Guest a licence to use the Property, on the terms of this Agreement.
(b) Nothing in this Agreement prevents the Landlord from entering the Property at any time.
(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, such amount being described in this Agreement or as specified by the Landlord.
"ACL" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).
"Agreement" means this Short Term Rental Agreement.
"Agreement Date" means the date that the Guest makes the Booking or otherwise indicates the Guest's acceptance of the terms of this Agreement.
"Booking" means the booking made by the Guest to stay at the Property in accordance with this Agreement.
"Arrival Date" means the first date that the Guest is entitled under this Agreement to stay at the Property.
"Booking Term" means the period of time that the Guest is entitled to use the Property, subject to the terms of this Agreement, from the check-in time until the check-out time.
"Departure Date" means the final date that the Guest is entitled under this Agreement to stay at the Property.
"Guest", "Guests", "You" or "Your" refers to the person making the Booking, and to all members of the Party that are staying at the Property under that Booking.
"Items" means the chattels and other items which the Landlord 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.
"Landlord" means ________ (ACN 17613929276)
"Party" means either the Guest or the Landlord.
"Property" means the following property:
________
"Reservation Date" means the date that the Booking was made.
"Us", "We", "Our", or "the Landlord" refers to:
________
(3) INTERPRETATION
In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:
(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 includes companies, firms, corporations, organisations and vice versa.
(d) Headings and titles are included in this Agreement for convenience only and shall 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) All references in this Agreement to sums of money are references to Australian dollars.
(4) BOOKING
(a) The Booking will be confirmed upon communication from the Landlord to the Guest that the Booking has been accepted.
(b) The Booking will not be confirmed until:
(I) the Landlord has received payment of the Accommodation Fee in full; and
(II) the Guest has validly agreed to the terms of this Agreement in the manner prescribed by the Landlord.
(c) Once the Booking has been confirmed, the Landlord grants the Guest a licence to use the Property, subject to the terms of this Agreement.
(5) PAYMENT FOR BOOKING
(a) In consideration for the Landlord allowing the Guest to use the Property in accordance with this Agreement, the Guest must pay an accommodation fee "the Accommodation Fee" of $355 to- $495 Australian dollars per night.
(b) The Accommodation Fee must be paid in full at the time of booking.
(7) CHECK-IN
Guests may check-in to the Property from the following time on the Arrival Date: Sky Pods 3pm/ Sky Ships 4pm
(8) CHECK-OUT
(a) Guests must check-out of the Property by the following time on the Departure Date ("the Check-Out Time"): Sky Pods.10am / Sky Ships 11am
(b) In the event that Guests do not vacate the Property by the Check-Out Time, the Landlord may charge a late check-out fee in such amount as is prescribed by the Landlord from time to time.
(9) CLEANING FEE
(a) In addition to the Accommodation Fee, the Guest must pay a fee for cleaning of the Property ("Cleaning Fee") which will be determined as follows:
We reserve the right to charge a fee to cover unexpected cleaning costs or damage incurred during your stay (for example, if you empty a bottle of red wine on the beautiful white bedding, we’ll ask you to contribute to the replacement costs if we can’t remove the stains, but if you accidentally break a single wine glass, don’t worry we’ll usually cover that cost).
(b) Nothing in this Agreement prevents the Landlord from claiming additional costs from the Guest in the event that the Cleaning Fee is insufficient to cover the costs of cleaning and/or repairs which have been necessitated by the Guest.
(10) CANCELLATION BY GUEST
(a) In order to cancel a Booking, the Guest must contact the Landlord in the following way:
Email to stay@skypods.com.au or phone 0417599805
7% Booking Fee on all cancellations. Full refund for cancellations made 5 days before your stay minus 7% booking fee. 50% refund for cancellations made between 4 and 3 days before your stay minus 7% booking fee.
No refund if cancellation is made 48 Hours before your stay
(11) CANCELLATION BY LANDLORD
In the unlikely event that the Landlord has to cancel or alter the Booking (for example, due to fire or other damage to the Property), the Landlord will:
(a) advise the Guest at the earliest opportunity about the cancellation or alteration of the Booking; and
(b) make all reasonable efforts to accommodate the Guest, on terms that are acceptable to the the Guest, in any other rental property that the Landlord owns or controls, or on any other dates that the Property may be available; and
(c) if the Landlord is unable to accomodate the Guest in accordance with the preceding sub-clause hereof, then the Landlord will refund to the Guest any money which the Guest has paid to the Landlord under this Agreement, including any Accommodation Fee, any Deposit, and any Security Bond.
(12) NUMBER OF GUESTS
The maximum number of persons who may occupy the Property is 2 adults only. No visitors
(13) NO CHILDREN
Children and infants are not permitted on the Property.
(14) NO SMOKING
Smoking is strictly prohibited inside the Property.
(15) NO PETS
(a) Guests are strictly prohibited from bringing onto the Property or the surrounding grounds any pet or animal as Sky Pods is registered as a Land For Wildlife
(16) NO NUISANCE
(a) Guests must not do anything which may be reasonably considered to cause a nuisance or annoyance, whether to the Landlord 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 that is caused by the Guests, or complaints are otherwise made about a nuisance or annoyance which is caused by the Guests, the Landlord reserves the right to immediately terminate this Agreement and upon such termination the Guests will have to vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Landlord under this Agreement.
(17) NOISE
(a) Guests must consider neighbours and any other persons within proximity 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, police are called for excessive noise, or complaints are otherwise made about excessive noise which is caused by the Guests, the Landlord reserves the right to immediately terminate this Agreement and upon such termination the Guests will have to vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Landlord under this Agreement.
(18) PROPERTY USE
(a) The Property may be used for short term residential accommodation.
(b) The Property may not be used for any parties, gatherings, weddings or other functions.
(c) The Property may not be used for any commercial purposes or other events.
(d) The Property may not be used for any other purposes without the Landlord's express written permission.
( e) No Drones are permitted on the property
(19) CONDITION OF THE PROPERTY
(a) Guests must leave 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 ("Items") in a clean, neat and tidy condition.
(b) Guests must not damage the Property and must not damage, remove or lose any Items.
(c) Guests must immediately notify the Landlord of any issues with or damage or loss to the Property or any Items.
(d) Before vacating the Property, Guests must clean any dishes, remove any food from refrigerators and deal with rubbish as directed by the Landlord, either by placing it in bins provided or by removing it from the Property.
(e) The Guests hereby acknowledge and agree that the Cleaning Fee provided for in this Agreement is a nominal cleaning fee which may not cover all of the Landlord's costs in the event that the Guests do not leave the Property in a clean, neat and tidy condition as required by this clause.
(f) The Guests hereby acknowledge and agree that in the event that the Guests do not leave the Property in a clean, neat and tidy condition as required by this clause, or in the event that the Guests damage the Property or damage, remove or lose any Items, the Landlord may charge an additional fee (in addition to the Accommodation Fee, the Cleaning Fee and any other fees provided under this Agreement).
(20) LIABILITY
(a) Guests must take all reasonable and necessary steps to safeguard the Guests' personal property.
(b) The Guests and/or 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 or any other persons.
(d) The Guests hereby acknowledge and agree that to the maximum extent permitted by law, the Landlord will not be held liable for any loss, injury, or any loss or damage to property ("Loss") which the Guests and/or any other occupants or invitees of the Guests or any other persons may suffer in connection with the Guests' use of the Property, unless that Loss is caused by the Landlord's negligence.
(e) The Guests may have certain rights under the Australian Consumer Law ("ACL"), or under other similar or related consumer protection laws.
(f) The ACL (or any other similar or related consumer protection laws) may give the Guests certain rights, warranties, guarantees and remedies regarding the provision of services by the Landlord, which cannot be excluded, modified or restricted by the Landlord ("Statutory Rights").
(g) The Landlord's liability to the Guests is governed solely by any applicable laws (such as the ACL and any other similar or related consumer protection laws) and by this Agreement.
(h) To the maximum extent permitted by law, the Landlord excludes all conditions and warranties implied by custom, law or statute, except for the Guests' Statutory Rights, and the Landlord expressly disclaims all warranties of any kind.
(i) The Guests hereby agree that the Guests are solely responsible for determining whether the Property is fit for the Guests' purpose.
(j) When the Guests' Statutory Rights apply, to the maximum extent possible, the Landlord's liability in respect of any claim is limited to, at the Landlord's option:
(I) the supply of the Booking again; or
(II) the payment of the cost of having the Booking supplied again
(k) The Landlord's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(l) This clause will survive termination, expiration or completion of this Agreement.
(21) INDEMNITY
(a) The Guests hereby indemnify and keep indemnified the Landlord and any of the Landlord's employees, agents, subcontractors, representatives or affiliates (each hereinafter being referred to as an "Indemnified Party") against any and all loss, damage, claim, demand or liability whatsoever (whether criminal or civil) and any and all legal and other fees and costs incurred by the Landlord resulting from:
(I) the Guests' use of the Property or anything provided under this Agreement;
(II) any transaction, contract, event or matter arising from or connected with the Guests' use of the Property; or
(III) the relationship between the Landlord and the Guests.
(b) The Guests shall not be liable under the indemnity given under this clause where a court of competent jurisdiction, giving a final judgment, holds that any loss, damage or liability is the result of the gross negligence, wilful misconduct or bad faith of an Indemnified Party.
(c) This clause will survive the termination or expiration of this Agreement.
(22) WARRANTY
The Guests hereby warrant that they will compensate the Landlord for any harm, loss or damage which the Landlord suffers as a result of the actions of the Guests, or of any invitees of the Guests and/or of any other occupants of the Property. This includes but is not limited to harm, loss or damage to the Property or to the Items, or any lost income which the Landlord suffers as a result of being unable to provide the Property to subsequent guests.
(23) PROBLEMS WITH THE PROPERTY
(a) In the event that there is a problem with the Property, Guests should contact the Landlord on 0417599805.
(b) Guests will not be entitled to a refund in the event that there are problems with the Property including but not limited to problems with television, stereo, fridge, wifi, other appliances, plumbing, electrical systems, or lights.
(24) BREACH
(a) Any breach or anticipated breach by the Guests of any of the terms of this Agreement will permit the Landlord to enter the Property, to cancel or alter the Booking and/or to remove the Guests from the Property.
(b) In the event that a Booking is cancelled or the Guests are removed from the Property, the Guests will not be entitled to a refund of any money paid under this Agreement.
(25) APPLICABLE LAW
This Agreement is subject to the laws of Victoria and each Party submits to the jurisdiction of the courts of Victoria.
(26) SEVERABILITY
If any clause or sub-clause of this Agreement is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances the remaining provisions of this Agreement shall continue in full force and effect.
(27) SURVIVAL OF OBLIGATIONS
At the termination or expiration or Completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which explicitly state that they will survive termination or expiration.
(28) PAYMENT INSTRUCTIONS
Payment of any amounts under this Agreement may be made in the following manner:
By Electronic transfer to Bendigo Bank.Account Name Sky Pods Cape Otway. BSB 633000 Account 172262065
(29) RESPONSIBLE ADULT
(a) The person who enters this Agreement as the Guest will be 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 this Agreement on behalf of all of the Guests that the Booking relates to.
(d) The Responsible Adult warrants that the information he or she has provided to the Landlord is accurate and complete, including but not limited to the information that the Landlord has provided about the number of additional Guests that will be 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 for any part of the Booking Term, understand and agree to this Agreement, and comply with all of the Guest's obligations under this Agreement.
(30) AGREEMENT
By making a Booking to stay at the Property the person making the Booking confirms that all Guests have had the opportunity to read and understand the terms of this Agreement and they agree to be bound by this Agreement.