HILLGATE RENTAL AGREEMENT
Contract
The contract is between the owner of the property (the Owner) and the person making the reservation (the Guest). By paying a deposit, the Guest agrees to these terms & conditions, and enters into a contract with the Owner. The property is to be occupied only by the (up to 13) people notified to the Owner, with no pets, and for vacation purposes only (no student groups, parties or functions). The property is strictly non-smoking.
Rates & Payment
At the Owner’s sole discretion, a non-refundable Deposit of fifty percent (50%) of the rate is required upon booking (dates will not be reserved, and can still be booked by others, until this deposit is received). The balance of the rate (plus the security deposit, if required) is due to be paid a minimum of four (4) weeks before the Stay. The Owner may change the rate to include any variation/alteration to the Booking. If the Owner chooses to pre-authorize the guest’s credit card for $1000 (as an alternative to requiring a security deposit), this will occur no earlier than seven (7) days prior to the Stay.
Arrival & Departure
The Stay commences at 2:00pm on the arrival day and ends at 12:00pm on the departure day, unless otherwise agreed in writing by the Owner. Failure to adhere to these times can result in additional rental charges plus a fee for delayed or hindered access to the property by housekeeping. Keys must be left on the entry console table just inside the front door.
Conditions of Occupancy
A maximum number of thirteen (13) people are permitted to stay at the property, plus an additional infant under the age of twelve months old. In any guest group, at least half of all guests must be adults (aged 18+). Up to a third of all guests can be aged 1-12. If other guests occupy the Property, other than agreed in writing, the total Security Deposit may be forfeited and the Owner reserves the right to terminate the Booking immediately.
Our neighbours are very important to us. The Guest agrees to have full consideration for the residents of neighbouring properties and not to generate excessive noise or engage in any antisocial behaviour. The owner can refuse the Guest or any member of the Guest’s party entry or continued occupancy of the property if the Guest, or others in the Guest’s group, are being too noisy, behaving antisocially, doing something illegal, or if any damage has been or is likely to be caused. These actions will be treated as cancellation by the Guest and the Owner will not be liable for any refund of payments paid, additional costs of not being able to stay at the property and under no obligation to find the Guest alternative accommodation.
The guest will (a) not sell, or permit to be sold, any products and/or services from the Property; (b) not use the property for any commercial or illegal purpose; (c) not remove and/or move any items from the Property, such as furniture, linen, appliances or electronic devices (in the event this occurs, additional charges will apply); (d) respect the privacy of neighbours. The Guest will not enter, nor interfere with, any property of neighbours or conduct themselves in a manner which, in the opinion of the Owner, is likely to unreasonably interfere with neighbours’ use and enjoyment of their own properties; (e) ensure that any permitted invitees or guests admitted to the Property will fully comply with the liabilities and responsibilities of the Guest under this agreement.
The Guest acknowledges that (a) the Property is strictly NON SMOKING; an excess cleaning fee may be charged to the Guest as a consequence thereof; (b) BBQs must be left clean and tidy and ready for use by the next occupier, otherwise an excess cleaning fee may be charged to the Guest. (In the event the BBQ is dirty upon the Guest’s arrival at the Property, the Guest should advise the Owner immediately).
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Care of the Property/Rules for Departure
Guests are responsible for leaving the premises in a clean, tidy, undamaged and orderly fashion and as close as possible to how it was when first entered. The Guest will, on departure:
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Leave the Property in a clean and tidy state
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Remove all items from the kitchen fridge and freezer
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Pack all dishes into the dishwasher and run the cycle
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Wash, dry and return any additional kitchen items to their designated cupboard
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Empty all internal bins into the council bins outside the house; red-topped bins for household rubbish, yellow-topped bins for recycling (bottles and boxes). If the Guest has excess rubbish they will remove it from the Property, otherwise excess cleaning or rubbish removal fees will be charged.
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Clean the barbecue to avoid a cleaning surcharge
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Shut all exterior windows & doors and vacate the Property by the stipulated checkout time
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Report any spillage, breakage or malfunction of any household appliance to the Owner. Failure to comply with this may incur charges or loss of security deposit. Any breakage or damage, however minor, must be reported immediately by the Guest to the Owner who will make the appropriate charge for repair or replacement. The Guest will be responsible for the cost of any excessive cleaning that may be required.
Pets
Pets are not allowed in or on the property.
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Bookings Including a Security Deposit
The Owner reserves the right to charge a refundable Security Deposit of $1000 per booking. The Security Deposit guarantees the Guest’s obligations under this agreement (including, but not limited to, any damages to the Property or furnishings, repairs and/or replacement, breakages, excess cleaning, re-positioning moved furniture, excess guests, excess rubbish removal, lost keys, late departure or noise complaints from the Property and any other losses sustained by the owner of the Property as a direct or indirect consequence of the actions of the Guest and/or their guests, whether as a consequence of a breach of this agreement or not,
etc.), and which shall be immediately due and payable by the Guest within seven (7) days of departure. In the event the cost of repairs or other losses exceed $1000, the Guest will indemnify the owner of the Property for any such losses and will pay the same upon demand. After departure, the Owner or their agent will inspect the Property for any damaged or missing items, excess cleaning or excess garbage. A Security Deposit will be refunded after an inspection of the vacant Property by the Owner, within seven (7) days of departure.
Bookings not Including a Security Deposit
The Owner may choose not to charge a refundable Security Deposit for a booking, but reserves the right to pre-authorise a $1000 charge on the credit card used for payment of the booking. The guest acknowledges that if any losses (outlined in Guest obligations, in ‘Bookings Including a Security Deposit‘, above) are sustained by the Owner of the Property, then the charge for repair, replacement, cleaning etc of the Property or furnishings may be debited from the credit card used for payment of the booking, regardless of whether a pre-authorisation was made or not.
Right of Entry
The Guest must allow the Owner and/or their Agent reasonable access to the property without notice to the Guest.
Liability
The Owner shall not be liable to the Guest or any member of their party for any loss or damage to person or property arising from the rental of the property. The Owner is not responsible, nor has any control over building/renovation/landscaping being carried out on neighbouring properties and shall not issue refunds in such circumstances. The Owner shall be entitled to cancel this agreement and evict the Guest if they (in their reasonable opinion) believe the Property is at risk.
Non Availability of Property / Facilities / Amenities
The Owner reserves the right to alter or withdraw without prior notice facilities and/or amenities which have been advertised, where reasonably necessary due to repairs, maintenance or any other circumstances beyond their control.
Lost Property
No responsibility can be taken for guest’s personal property left on the premises. Any personal effects left at premises will be held for 14 days, then disposed of. If you require items to be mailed to you, such items will be mailed to at a minimum charge of $20 plus the cost of postage.
Cancellation
If the Guest cancels the booking, they agree that the initial deposit and final payment are both non-refundable once paid. However, if the Owner is able to re-let the property for the cancelled period, they will refund the Guest all monies paid less a $100 cancellation fee. If a booking is partially cancelled (ie. duration of booking reduced), the owner will waive the cancellation fee but will not issue a parital refund unless (a) the new stay duration complies with minimum nights stay requirements for the period; (b) the property is able to be re-let for the cancelled period. Any Security Deposits paid by the guest are immediately refunded
by the Owner if the stay hasn’t commenced. Bookings will be refunded or rescheduled if travel restrictions (due to bushfires, pandemic etc) prohibit travel on the Guest’s booked dates.
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Guest Vehicles
Mt Hay Rd is a private road and vehicle movements are limited. A maximum of five cars are permitted to park at the property. The nearest public road for additional cars to park is Bong Bong Rd (cars cannot be parked along Mt Hay Rd or on the entry driveway leading into Hillgate, as its private property belonging to neighbours). We ask you to drive with great care and consideration and carpool your day trips once settled at the property.
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Fire Pit Rules of Use
Hillgate is situated in an area of elevated bushfire risk. Guests choosing to use the firepit do so entirely at their own risk & assume all responsibility & liability for any injury to themselves & others as well as any damage to Hillgate & surrounding areas. The Guest is responsible for finding out the Fire Danger Rating & whether a total fire ban is in place on each day during their stay. The fire pit must not be used during a Total Fire Ban or when the Fire Danger Rating is ‘Very High’ or above.
The Guest is responsible for ensuring the fire pit is constantly supervised while in use and completely extinguished after each use. Only wood (not rubbish or other materials) are permitted to be used in the fire pit. Wood or other materials must not be collected from anywhere on the property or neighbouring properties for use in the fire pit. The owner can refuse the Guest or any member of the Guest’s party entry or continued occupancy of the property if the Guest, or the Guest’s party do not follow these fire pit rules of use. The Owner cannot guarantee that the fire pit (or firewood) will be available during the Guest’s stay.
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General
Any complaint must be taken up immediately by the Guest with the Owner who must be afforded theopportunity to address the issue raised. The Owner regrets that they cannot take up a complaint after theGuest has vacated the property.The Owner reserves the right to change all or part of these terms and conditions at any time, without noticeand other communication.