BOOKING TERMS & CONDITIONS FOR THE SUPPLY OF GOODS AND / OR SERVICES
(LAST MODIFIED 8 OCTOBER 2021)
This Agreement is executed at the time and date that the Tenant makes a Booking with the Agent
for Short Term Rental Accommodation Services and associated services (“the Services”).
KANGAROO VALLEY & SOUTHERN HIGHLANDS ESCAPES
149C MOSS VALE ROAD, KANGAROO VALLEY, NSW 2577
and the Tenant making a Booking and / or purchasing the Services.
It is agreed as follows:
1. In this Agreement, unless the context specifically requires otherwise:
“The Agent” includes its officers and employees, where those persons act as representatives
of the Agent.
“Add On Services” means services booked by the Tenant with an Experience Provider where
the Agent acts solely as the agent of an Experience Provider.
“Agreement” means the sum of these Booking Terms of Business and an Offer by the Agent
to the Tenant referring to these Terms of Business. Where there is any conflict between these
Terms of Business and a Proposal, these Booking Terms of Business shall prevail. Where
Services are contracted via an Offer made through a third party booking website or channel,
this Agreement may be amended by terms and conditions advertised by that third party
booking website or channel.
“Booking” means the reservation of the Premises by the Tenant for Short-Term Rental
Accommodation purposes for an Occupancy period in accordance with an Offer by the Agent.
“Contractor” means an independent contractor engaged by the Agent that provides Services
to a Tenant on behalf of the Agent, however legally constituted.
“Experience Provider” means a third party that the Agent acts as the agent for when
marketing and booking Add On Services offered to and accepted by a Tenant.
“Goods” means any materials used by the Agent or its Contractors when providing the
Services or sold to the Tenant by the Agent for use by the Tenant or other parties. For the
avoidance of doubt, goods sold or otherwise provided by Experience Providers, Contractors or
other parties that are not supplied by or at the direction of the Agent are excluded from this
“Losses” means any actual, contingent or opportunity financial losses or losses or
degradations of personal property or amenity suffered by a party to this Agreement.
“Notice” means any notice, demand, consent or other communication whatsoever given or
made under this Agreement and must be in writing, including by e-mail or through the use of
the Agent’s online booking service.
“Occupancy” means the occupation and other usage of Premises by the Tenant and / or its
associates for Short-Term Rental Accommodation purposes in accordance with a Booking.
“Offer” means a published or written advertisement or proposal of Services booked with or
otherwise arranged with the Agent (or by a Contractor contracted by the Agent) to the Tenant
which may be delivered in any form and including prices described variously as rents, charges
or any other terms that describe how the total amount payable by the Tenant for the Services
will be calculated.
“Parties” means the parties to this Agreement and their respective successors and permitted
assigns, and Party means any one of them. For the avoidance of doubt, Experience Providers
and Contractors are not contractual, statutory, common law or equitable Agents, partners or
legal representatives of the Agent and their actions or omissions will in no way bind the Agent
for the purposes of amending, enforcing or complying with this Agreement.
“Premises” means the Short Term Residential Accommodation premises owned by a
Principal, advertised, promoted and managed by the Agent and booked by the Tenant where
the Services will take place.
“Principal” means the owner of the Premises who has separately contracted with the Agent
for the Agent to advertise and promote the Premises for Short-Term Rental Accommodation
services and accept Bookings from Tenants. For the avoidance of doubt, the Agent warrants
that it has the legal right to Offer the Premises for the Services, and the Principal is not
required to be and is not a party to this Agreement.
“Primary Tenant” means the authorised personal representative of the Tenant, whether they
are explicitly identified as such or may be reasonably inferred by the Agent to be that person
based on their conduct.
“Services” means (a) the services described in an Offer and / or (b) any other services
provided by the Agent where the Tenant receives the benefit of those services, whether they
were formally or informally agreed to between the Tenant and the Agent. For the avoidance of
doubt, Add On Services are not Services for the purposes of this Agreement because they are
not provided by the Agent.
“Short-Term Rental Accommodation” means accommodation that is booked subject to
arrangements within the meaning of Section 54A of the Fair Trading Act 1987 (NSW).
“Start Date” means the date on which the Tenant first receives the benefit of the Services,
including the benefit of receiving a confirmed Booking from the Agent.
“Term” means the period from the Start Date and ending no later than the final provision of the
Services, including any Services provided by the Agent subsequent to Occupancy.
2. The following interpretative rules apply unless the context requires otherwise:
a) The singular includes the plural and conversely;
b) A gender includes all genders;
c) If a word or phrase is defined, its other grammatical forms have a corresponding meaning;
d) A reference to a person, corporation, trust, unincorporated body or other entity includes any
e) A reference to a clause or schedule is a reference to a clause of, or a schedule to, this
f) All prices quoted in Offers and / or this Agreement will include GST;
g) A reference to A$, $A, dollar or $ is to Australian currency;
h) A reference to time is to Australian Eastern Standard or Summer Time, as may apply at the
relevant date in the state of New South Wales;
i) A reference to an agreement or contract is to the Agreement;
j) A reference to legislation or to a provision of legislation includes a modification or re-
enactment of it, a legislative provision substituted for it and a regulation or statutory
instrument issued under it;
k) A reference to “GST”, “input tax credit”, “supply”, “tax invoice” and “taxable supply” have the
meanings given to those expressions in the A New Tax System (Goods and Services Tax)
Act 1999; and
l) Headings are for convenience only and do not affect interpretation.
3. This Agreement will begin on the Start Date and will continue for the Term.
BOOKINGS, SERVICES AND ADD ON SERVICES
4. By making a Booking the Tenant confirms that it has accepted this Agreement in its entirety
and that it has legal capacity and authority to enter into this Agreement.
5. The natural person who makes a Booking will be deemed to be the Primary Tenant until and
unless the Agent is notified otherwise who that natural person is. Where the natural person
making a Booking nominates another natural person as the Primary Tenant they warrant that
they have the legal capacity and authority to advise that nomination to the Agent.
6. The Primary Tenant warrants that they are 21 years of age or over and acknowledges that they
will be held personally responsible for the conduct of all persons who occupy, visit or attend the
Premises during an Occupancy period.
7. The Primary Tenant must provide acceptable photographic identification (eg current legible
Passport or Drivers Licence image) and a valid debit or credit card with sufficient fund limit
available in their own name when making a Booking. The Agent’s Tenant registration system
will securely store the photographic identification and credit card details for 14 days. All adults
occupying, visiting or attending the Premises may also be required to register, at the Agent’s
8. Advance Bookings may be advertised and accepted by the Agent, acting in good faith.
However the Agent reserves the right to cancel a Booking in the following circumstances:
a) The sale or long term lease of the Premises;
b) An increase in rent or other charges imposed by the Principal that is not accepted by the
c) The Premises not being accessible and / or habitable; or
d) The Premises not being otherwise fit for the purpose Offered.
9. While an Agent may publicly Offer the Premises for Booking it may refuse to accept and
confirm a Booking from any persons at any time, acting in its sole discretion, eg because of
information obtained from tenancy reference databases.
10. Should a Tenant wish to change a Booking after it has been confirmed the Agent may charge
an administration fee of $100.
11. The Tenant may also book Add On Services that are marketed by the Agent as agent for
Experience Providers. Where Add On Services are booked by the Tenant they are contracting
directly with the Experience Provider in accordance with the Experience Provider’s terms of
business and the Tenant acknowledges that the Agent is not a party to that agreement or
responsible for providing the Add On Services.
CODE OF CONDUCT
12. From 18 December 2020 the Short Term Rental Accommodation industry in NSW has been
governed by a “Code of Conduct” (“the Code”) – refer:
13. The Tenant warrants that it has reviewed the Code prior to making a Booking and agrees that it
will comply with the strict requirements set out in Section 2.5 of the Code that relate to the
requirements that “guests” must:
a) Act lawfully;
b) Comply with their obligations to neighbours;
c) Comply with their responsibilities to “hosts”; and
d) Be responsible for the conduct of “visitors”.
Guests, hosts and visitors for the purposes of this clause are defined as per Part C of the
14. The Agent will also provide a copy of the Code to all Tenants at the time of Booking.
15. The Agent and Tenant each acknowledge that breaches of the Code may be an offence under
the Code and undertake that they will do everything in their power to comply with their
respective obligations, both to each other and to other parties that have standing under the
16. The Tenant acknowledges that personal information that it provides (or is provided by other
sources) (“the Personal Information”) is necessary for the Agent to verify the applicant’s identity
and accept, process and confirm a Booking.
17. The Personal Information may be disclosed for a valid purpose to other parties including (but
not limited to) the Principal, our employers, our Contractors, police and emergency services,
referees, financial institutions, other Agents, third party operators of tenancy reference
databases and other third parties as required by law. Information already held on tenancy
reference databases may also be disclosed by the operators of those databases to the Agent
or the Principal. If the Tenant would like to access his/her personal information held by the
Agent, they can request that. The Tenant can also correct this information if it is inaccurate,
incomplete or out of date.
18. The advertised and / or Offered description of the Premises and / or Services by the Agent has
been provided in good faith and no responsibility for misinterpretation by the Tenant or other
parties, whether wilful or not, will be accepted by the Agent.
19. The Tenant acknowledges that it has independently determined that the Premises and the
Services as advertised or Offered are suitable for the Tenant’s Short-Term Rental
Accommodation purposes, whether or not those purposes have been disclosed to the Agent at
20. The Agent warrants that the Premises are registered for Short-Term Rental Accommodation
purposes where they are legally required to be.
21. No refunds will be given for used or unused Services if the Tenant or any other parties are
dissatisfied with the Premises or the Services, for any reason, unless the Premises are not
RENTS AND CHARGES
22. All rents and charges included in an Offer are current at the time and date of that Offer and are
subject to change without notice.
23. The Agent may charge a Booking Fee as per the Offer in addition to rents and charges payable
for Occupancy of the Premises.
24. Charges for Add On Services are received by the Agent solely as the agent for Experience
Providers. The Agent will pay Experience Providers for Add On Services in accordance with
the agency agreement between them, which Tenants are not party to.
DEPOSITS, PAYMENTS AND SECURITY BONDS
25. All Bookings must be secured by a Deposit Payment of half the total value of the Booking rent
and charges before it is confirmed. If the Deposit Payment is not paid by the due date the
booking will be automatically cancelled.
26. The final balance of rent and charges payable for the Booking is due 30 days prior to arrival.
Bookings will be cancelled if the final payment is not received in accordance with the above
27. Acceptable payment methods include: SecurePay, direct debit of the Tenant’s bank account,
and credit cards or debit cards.
28. Credit and debit card charges may be subject to a service fee equivalent to the merchant fee
paid by the Agent, where the Offer so specifies.
29. The Tenant agrees to the Agent holding an amount of up to $3,000 (“Security Deposit”) either
via a charge against a nominated debit or credit card or through a cash bond where stipulated
on booking. The Tenant acknowledges that the Agent may be obliged by a Principal to offer
one, the other or both methods. Security Deposits charged against debit or credit cards may
be charged in full or as a pre-authorised charge only, at the Agent’s sole discretion.
30. Security Deposits will only be released when the Premises have been inspected and any
additional charges relating to Occupancy owed by the Tenant to either the Agent or the
Principal (“Additional Charges”) have been calculated and deducted. Any Additional Charges
exceeding Security Deposits available will be invoiced by the Agent to the Primary Tenant and
are payable on demand.
31. Security Deposits will usually be refunded by the Agent approximately 7 to 10 days after the
end of the Occupancy period but may take longer where the circumstances of any inspections
and / or deductions for Additional Charges so require. The Agent takes no responsibility for
any delays in the refund of debit or credit charged Security Deposits or the release of pre-
authorisation charges by banks or other parties beyond the Agent’s control. The Tenant
acknowledges that such refund timings and potential delays are acceptable, as a condition of
32. The Agent will deduct a processing fee of $80 where it is required to calculate and deduct
33. The Agent reserves the right to take action in the NSW Civil and Administrative Tribunal to
recover any Additional Charges that cannot be recovered from a Security Deposit and where
the Primary Tenant fails to pay those Additional Charges on demand.
34. Tax Invoices will be issued for all rents and / or charges (including Additional Charges) paid by
Tenants on request.
35. Add On Services may require the payment of special deposits that will be notified prior to
booking. Where Tax invoices are requested by Tenants for Add On Services they will be
issued by the Agent only as the agent of the Experience Provider.
36. Where the Tenant notifies the Agent more than 30 days before Occupancy that it wishes to
cancel or shorten a Booking, their deposit will be proportionally refunded less a $150
administration fee ($250 where Bookings relate to Easter long weekend and / or NSW School
Holiday periods) (“Cancellation Fee”).
37. If Bookings are cancelled or shortened by the Tenant within 30 days before Occupancy no
deposit will be refunded unless the Premises are rebooked by a third party on at least equal
financial terms, in which case the deposit will be refunded less the Cancellation Fee.
38. For the avoidance of doubt, where Bookings are shortened with less than 30 days’ notice, the
Tenant is not entitled to a proportional refund of its deposit unless the Premises are rebooked
by a third party on at least equal financial terms for that surrendered Occupancy period, in
which case the proportion of the deposit relating to the surrendered Occupancy Period will be
refunded less the Cancellation Fee.
39. This Agreement may be terminated or suspended at any time by the Agent, at its sole
discretion, where a Force Majeure event (including but not limited to acts of war, terrorism, civil
unrest, pandemics, outbreaks of disease, natural disasters, industrial action, loss of key staff or
production equipment or supplies and actions of governments or regulators adversely affecting
that Party’s operations) prevents the Agent from fulfilling its obligations, in which case all
deposits paid by Tenants for affected Bookings will be refunded less Cancellation Fees (where
terminated) or retained without deduction (where suspended).
40. Add On Services may be subject to special cancellation terms by the Experience Provider that
will be notified prior to booking.
41. The Agent warrants that it has a “COVID-19 Safe Plan” in place for all Premises Offered for
Bookings and will use its best endeavours to update the Plan in accordance with any
applicable public health directions.
42. Notwithstanding the Force Majeure provisions of this Agreement, if Government imposed
lockdowns or travel restrictions relating to COVID-19 prevent Occupancy in accordance with a
Booking that has been confirmed prior to such lockdown or travel restriction, the Agent will
provide the Tenant with a credit voucher or reschedule the Booking in accordance with its
43. The COVID-19 Policy that is current at the date of Occupancy will also be incorporated in full
into this Agreement. For the avoidance of doubt, all Bookings made, and Services provided
are subject to the Tenant accepting the COVID-19 Policy and the Tenant and / or their
associates acknowledge that they must comply with all requirements imposed by the Agent’s
COVID-19 Policy, including (but not limited to) providing all requested information before,
during and after the Occupancy.
44. The Agent reserves the right to cancel a Booking if it forms the view, in its sole discretion, that
the Tenant and / or their associates have not complied with the COVID-19 Policy, including not
providing requested information in a timely and / or accurate manner. In such instances,
cancellation may be immediate and there will be no refunds for any reason.
45. The Tenant acknowledges that the COVID-19 Policy may require them to pay additional
charges where required by the policy.
46. The Tenant acknowledges that public health directions may, as a necessity, require the
modification of the COVID-19 Policy by reference or implication without any notice whatsoever
and accepts such modifications at their own risk.
47. Where the Agent requests that the Tenant and / or their associates provide sensitive
information, it warrants that it will be stored securely to protect the individuals’ privacy.
48. Tenants are encouraged to take out Travel Insurance to mitigate any losses that may be
incurred due to cancellations, suspensions and other risks relating to Bookings or
49. The Premises may only be occupied by the Tenant for Short-Term Rental Accommodation
purposes only, and only for the period stipulated in the Booking confirmation.
50. The maximum number of persons occupying, visiting or attending the Premises must be
agreed with the Agent at the time of the Booking.
51. Overcrowding of properties will result in the immediate termination of Bookings and no refunds
will be provided for unused Services. The number of persons occupying the Premises must
not exceed the number stated in the Booking confirmation. If an excess number of persons
have occupied, attended or otherwise used the Premises then an additional rental fee will
become payable by the Tenant, calculated by the Agent using its sole discretion.
52. The property will be available for occupancy from 3.00pm on arrival day and is to be vacated
by 11.00am on the day of departure unless prior written arrangements are made with the
Agent. Failure to vacate at the required time will incur a penalty equivalent to one night’s rent,
calculated based on the then-current casual rent for the night following the day of departure.
53. The Tenant and other authorised persons occupying the Premises must familiarise themselves
with Evacuation Diagrams immediately on arrival and any other safety instructions and seek
clarification from the Agent if they are unsure of any requirements.
54. The Tenant must advise the Agent on the day of arrival regarding any damaged or broken
building structures, furniture, fittings, appliances or other property at the Premises. All movable
goods located at the Premises have been inventoried and will be checked by the Agent or its
Contractor after the Occupancy.
PROHIBITED PARTIES, FUNCTIONS AND GATHERINGS
55. Premises are generally offered for private holiday purposes only. Parties, functions and
gatherings involving persons who are not permitted to occupy the Premises are therefore
strictly prohibited unless the Premises are specifically Offered for that purpose.
56. If the Agent forms the view that an unauthorised party, function or gathering is taking (or has
taken) place, all persons occupying or visiting the Premises will be evicted immediately and no
refunds for unused Services will be given. The Agent reserves its rights to appoint security
guards or other appropriately qualified persons to enforce evictions and advise police if it
believes that it is necessary to do so. Additional Charges will also be charged for any out of
pocket costs incurred by the Agent as a result of a prohibited party, function or gathering.
CLEANING & GARBAGE DISPOSAL
57. The Premises are to be left in the same condition as at the commencement of Occupancy.
Additional Charges of $60 will be charged to clean and / or tidy Premises left in an
unsatisfactory condition, including (without limitation):
a) Disposing of any rubbish / food scraps left in internal garbage bins;
b) Cleaning and putting away crockery or kitchen utensils; or
c) Cleaning barbecues.
58. Not all Premises have Council provided garbage bins. Where they are provided, they must be
used in accordance with their description and function, eg one for recycling and one for other
59. Council provided garbage bins must be put out for collection by Tenants if they occupy the
Premises on collection days.
60. Any excess garbage must be taken by the Tenant to the Bendeela Road Transfer Station in
Kangaroo Valley (opening hours are restricted and the Tenant must check with the Council or
Agent if such disposal is required). If any excess garbage removal is required by the Agent
after the Tenant departs there will be a minimum Additional Charge of $40.
61. Where Premises are outside Council Collection areas, all garbage should be placed in plastic
bags and taken by the Tenant for disposal elsewhere on departure. Any rubbish removal after
the Tenant departs will incur a minimum Additional Charge of $40, depending on rubbish
quantity and type (to keep those charges down, please separate recyclables from other
USAGE, SAFETY AND DAMAGE
62. Furniture, fixtures and fittings must not be moved from their original locations within the
Premises or altered in any way.
63. Powerpoints must not be overloaded and all appliances must be turned off when not in use
(except those requiring permanent power supplies, eg refrigerators and / or alarms).
64. All external doors and windows must be locked and secured to the maximum extent possible
when the Premises are unattended during an Occupancy period.
65. All children must be supervised in the vicinity of pools, rivers, creeks, dams, waterfalls, artificial
water features and baths on Premises at all times. Pools must not be used after 10pm and
before 6am. No persons may voluntarily enter a river, creek, dam, waterfall or other natural
watercourse on the Premises for any purpose at any time.
66. No inherently dangerous motoring, sporting or recreational pursuits or practices are permitted
on the Premises, including (without limitation) intoxicated driving, trailbike or quadbike riding,
shooting or archery, rock-climbing, treeclimbing, canyoning or rafting, unless the Premises are
specifically Offered as being suitable for such pursuits or practices.
67. Breaches of the clauses of this Agreement relating to Usage, Safety and Damages may, where
sufficiently material, result in immediate eviction and Additional Charges for costs incurred or
losses suffered because of those breaches may be recovered from Security Deposits or by
invoicing the Primary Tenant.
68. Costs incurred by the Agent to rectify damage and / or breakages or to replace lost property
owned by Principals will be recharged to the Tenant as Additional Charges and may be
deducted from Security Bonds or otherwise invoiced and require additional payment by the
Primary Tenant on demand.
69. No responsibility is accepted by either the Agent or the Principal for the loss of or damage to
the Tenant’s property on the Premises, for any reason. For the avoidance of doubt, the
Principal’s and Agent’s insurances will not cover such claims.
EMERGENCY SERVICES, BUSHFIRES AND NATURAL DISASTERS
70. The Tenant acknowledges that the Premises are located in a regional area with potentially
limited and / or delayed access by police, ambulance, fire and other emergency services, while
also having inherently higher risks from bushfires and some other natural disasters from time to
time compared to metropolitan regions.
71. The Tenant accepts that Occupancy of the Premises may require appropriate safety planning
and preparations both before and during the Occupancy period, depending on weather and
other circumstances prevailing at that time, and holds the Agent harmless and accepts that the
Agent has no liability for Loss of any kind incurred by the Tenant or any other party because of
emergency service unavailability or the effects of bushfires or other natural disasters.
72. The Agent warrants that the Premises comply with the Short-Term Rental Accommodation Fire
Safety Standard (where applicable to the Booking) and that it will provide a briefing on known
bushfire and natural disaster risks at the time of Occupancy but cannot guarantee that
compliance with that Standard or communication of those risks will be sufficient to prevent the
Tenant or other parties suffering losses in the event of a fire, natural disaster or other
73. The Tenant acknowledges that they are obliged to follow all directions given by police, fire and
other emergency services in the event of a bushfire or other natural disaster, including the
potential order to either evacuate or to take shelter in place.
74. For the avoidance of doubt, the Tenant and other parties occupying, attending or visiting the
Premises, whether authorised or not, always do so at their own risk.
REPAIRS AND MAINTENANCE
75. All repairs and maintenance requirements must be reported immediately to the Agent using the
telephone numbers provided. The Tenant agrees to allow the Agent or its Contractors to enter
the Premises to arrange necessary repairs, at the Agent’s sole discretion.
76. The Agent will use all reasonable endeavours to have appliances repaired or replaced at the
earliest opportunity however the Tenant acknowledges that repair or replacement will not
always be practical during the Occupancy period. No responsibility is taken by the Agent in
such circumstances and there will be no entitlement to refunds or discounts, provided that the
Premises remain habitable. For the avoidance of doubt, Premises will be habitable if inbuilt
heating or cooling systems and cooking and / or refrigeration appliances are functional. The
non-availability or breakdown of dishwashers, washing machines and / or clothes dryers will
not affect the habitability of the Premises, even where such appliances are advertised or
promoted as features of the Premises.
77. The Agent is not responsible for disturbances suffered by Tenants, eg because of external
noise and / or visual pollution or building and construction work being done on neighbouring
properties or access roads, provided that the Premises remain habitable and accessible.
INTERNET AND TELEPHONE
78. Internet is provided at some of Premises as a convenience to Tenants, for the purpose of
viewing e-mails, accessing social media and web browsing, however uninterrupted and / or
high speed connections cannot be guaranteed.
79. The Tenant acknowledges the Agent’s advice that Telstra usually provides the most reliable
service in the region where the Premises are located, for both internet and mobile coverage.
80. The Agent is not responsible for any loss of amenity or any other Loss if internet and / or
telephone services are unavailable or otherwise unsatisfactory during Occupancy.
PETS, WILDLIFE AND SMOKING
81. Pets are NOT generally permitted on the Premises, in either indoor or outdoor areas.
82. The written approval of both the Agent and the Principal will be required in advance if the
Tenant wishes to bring a commonly accepted domestic pet to the Premises. Applications must
be made prior to Booking confirmation and additional charges may apply. Tenants will be
evicted immediately if an unauthorised pet is kept at the Premises.
83. Farm and wild animals owned or under the control of Tenants or other persons occupying or
visiting the Premises are prohibited at all times.
84. Where authorised or unauthorised pets are brought inside the Premises an Additional Charge
of $100 for cleaning will be charged by the Agent to the Tenant.
85. Where pets are permitted on the Premises, the following rules apply:
a) Any spills and stains from faeces, urine and / or vomit inside the Premises must be cleaned
b) All solid faeces and vomit must be securely wrapped and placed in outside garbage bins (or
disposed off the Premises, where garbage bins are not available);
c) All pet bedding must be supplied and removed by owners;
d) Shedding of hair must be minimised wherever possible;
e) Pets are NOT permitted to sleep, stand or sit on furniture and / or bedding, or scratch or
otherwise damage furniture and fittings; and
f) Pets must not be left unattended at the Premises, whether they are left inside or outside.
86. Tenants acknowledge that the Premises are located in a region where wildlife (including birds,
animals, snakes, lizards and insects) is common. It is a condition of Booking that the Tenant
accepts that all persons that Occupy the Premises do so at their own risk from wildlife and that
they will also take all necessary steps to prevent wildlife from entering Premises and to
observe all laws and regulations relating to their dealings with wildlife.
87. All Premises are NON-SMOKING only, in all internal and undercover areas. Any evidence that
smoking has occurred during an Occupancy in an internal or undercover area will incur
Additional Charges for cleaning of at least $200.
88. Additional Charges will be charged where Premises have been left in an unsatisfactory
condition and the Agent incurs out of pocket costs to restore the condition of the Premises.
CRIMINAL ACTIVITIES AND OFFENSIVE BEHAVIOUR
89. Occupancy or use of the Premises for any criminal activity (including usage of internet services
provided) is strictly prohibited and may result in immediate eviction without refund of any
payments for unused Services and referral to law enforcement services for potential
90. The Tenant and other persons occupying, visiting or attending the Premises must refrain from
all behaviour that is likely to offend, disturb or infringe the property and / or personal rights of
neighbours, eg (but not limited to) vulgar or threatening interpersonal communication, noise
and / or visual pollution and acts of trespass.
91. The safekeeping of keys is the sole responsibility of the Primary Tenant during the Occupancy.
92. If keys are lost, locks will be changed, and the Tenant will be charged up to $300 for any keys
replaced. A fee of $100 will be charged if the Agent is required to attend the Premises to
retrieve keys that are locked inside.
93. All keys are to be returned to the Agent immediately upon check out or otherwise safely
surrendered according to the Agent’s instructions.
94. The Agent warrants that it (or its Contractor) will inspect the Premises at the earliest
reasonable opportunity after the end of Occupancy.
95. Tenants must check their personal property carefully before leaving the Premises for
completeness and remove all such items. The Agent cannot guarantee that any items left at
the Premises will be found and returned at a later date. The forwarding of lost property will
incur a Lost Property Forwarding Fee of not less than $40.
96. The Agent reserves the right to dispose of any personal property that it determines, in its sole
discretion, to be wilfully abandoned and any costs incurred for that disposal will be charged to
the Tenant as Additional Charges.
OTHER PARTIES’ SERVICES
97. Tenants may procure personal services from other parties at the Premises that do not
inherently conflict with the Services offered by the Agent or breach a provision of this
Agreement, provided that:
a) Those parties hold Public Liability Insurance of at least $2m that will cover activities carried
on at the Premises and benefit the Agent and / or the Principal if a claim is made;
b) Those parties remain under the direct supervision of the Tenant at all times; and
c) Those parties do not do anything that is prohibited (or fail to do anything that is required) by
this Agreement, where applicable.
98. In no circumstances will the Agent be liable for any indirect or consequential Losses or for any
damages for death, bodily or personal injury, damage to property and / or emotional distress
arising out of or in connection with a Booking or an Occupancy. This limitation applies to all
claims for damages including negligence, even if the Agent has been advised of the possibility
of such damage.
99. No liability will be accepted by the Agent for any Loss or injury to the Tenant or other parties
suffered in connection with the Premises during an Occupancy. This limitation applies to but is
not limited to Losses or injuries caused by bushfires, other fires, storms, floods, landslides,
sinkholes, treefalls, trips, attacks by animals, birds or insects, adverse weather, pandemics,
utility outages, terrorist and war activity.
100. No liability will be accepted in any circumstances in relation to Add On Services, because
the Agent is not a party to the agreement between the Tenant and the Experience Provider.
101. The Agent provides no warranties or guarantees regarding the suitability, quality or fitness
for purpose of Add On Services and / or Experience Providers. The Tenant contracts with
Experience Providers for Add On Services entirely at their own risk.
GENERAL AGREEMENT PROVISIONS
102. The Parties agree that:
a) This Agreement constitutes the entire agreement of the Parties with respect to its subject
matter and supersedes all prior oral or written representations and agreements.
b) This Agreement may only be amended in writing by the Parties.
c) A Tenant may not assign its rights or obligations arising under this Agreement without the
prior written consent of the Agent.
d) A waiver by either Party of a breach of any provision of this Agreement does not constitute
a waiver of any succeeding breach of the same or any other provision.
e) If any provision or part provision of this Agreement is invalid or unenforceable, such
provision shall be deemed deleted but only to the extent necessary and the remaining
provisions of this Agreement shall remain in full force and effect.
f) The Parties are independent contracting parties, and nothing in this Agreement shall make
any Party the agent, partner or legal representative of the other Party for any purpose
whatsoever, nor does it grant either Party any authority to assume or create any obligation
on behalf of or in the name of the other Party on any account whatsoever.
g) This Agreement is governed by the laws of the State of New South Wales, Australia. The
Parties submit to the jurisdiction of the courts of the State of New South Wales and any
courts which may hear appeals from those courts.
h) All Notices must be communicated in writing using the e-mail addresses notified by the
Agent and the Tenant to each other when making a Booking or as otherwise advised after
that time. Notices will be determined to have been received at 6pm if sent electronically
prior to that time on that day.