Good House Rental Agreement
What is in a Good House Holiday Rentals - Rental Agreement?
This Rental Agreement is a legal document which applies to all Good House Holiday Rental guests. It is important that all guests understand their obligations and will be required to accept the Agreement in total when making a booking.
This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date 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.
OCCUPANCY
A condition of entering and/or staying at this Property means that all guests understand and agree to indemnify the agent and owner(s) against any responsibility or action(s) (legal or other), due to any action(s), incident(s), loss or injury(s) while within or outside of the premises (including, but not limited to, the grounds, facilities, structures, etc.) during a stay or at any other time.
Guest agrees that no more than [Max Guests] 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.
Guests under 25 must first make contact before booking to determine that a property is appropriate for the group. The booking guest must also stay at the property for the duration of the rental dates.
Excessive noise, parties and functions are not permitted as they cause disruption to neighbours, as well as nearby residents and other holiday makers. If an unauthorised function is held at the Property, the Damage Deposit processed for the booking will be retained and additional fees may apply.
Any notification to Good House of excess noise complaints or anti-social behaviour, will result in dispatch of security to investigate and may result in a $500 call-out charge. This fee will be taken from the Damage Deposit and is non-negotiable.
If a second security call-out with fee payable is received at any time during a guest’s stay, all guests at the premises will be evicted from the premises by security without refund of rent or Damage Deposit.
Unless otherwise agreed to, check-in is from 3pm on the day of arrival and check-out is 10am on the day of departure.
Properties on the Mornington Peninsula are also governed by Mornington Peninsula Shire Short Stay Rental Accommodation Local Law. Further details are available here:
https://www.mornpen.vic.gov.au/Online-Forms-and-Services/Short-Stay-Rental-Accommodation-Local-Law. Any breach of this Law, will not be tolerated and may result in forfeiture of the Damage Deposit in full and immediate eviction from the property.
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 or hot tubs, fireplaces 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 hot tubs, pools, spas, fireplaces, decks, 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 neighbours, 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.
DEFAULT
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, attorneys 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.
PRE-AUTHORISED DAMAGE DEPOSIT
We Pre-authorise Damage Deposit (also know as a Bond) on your credit card to the value of $2000 on day of check-in. We temporarily hold (not charge) the amount of the Damage Deposit on your card.
For bookings which are longer than 7 days, your pre-authorisation will expire (will be automatically void) after 7 days. For longer 7+ day bookings, we will notify you so that you can manually issue a new pre-authorization in order to continue damage protection for the remainder of your booking.
Funds will be deducted from the Damage Deposit in the event of a claim as a result of, but not limited to, excess cleaning (inside and outside the property), property damage or breakages, excess rubbish removal, loss of keys or remotes, security call-outs, property left unsecured or any consequent loss suffered by the Property Owner/Agent or late guest check-out delays. Please read on for further details.
NO SMOKING
For the comfort of all our guests, smoking is not permitted. Any damages or excess cleaning caused by smoking on or inside the premises will be taken from Damage Deposit.
EXCESS CLEANING, DAMAGES AND CHARGES
** Excess Cleaning
Guests are to leave the Property as it was found to avoid extra cleaning charges. This includes washing dishes and placing these back in a neat and tidy manner in cupboards, placement of rubbish in the outside bins provided and thorough cleaning of the BBQ. Cleaning contractors will strip beds, clean floors, surfaces and bathrooms, however excessively dirty walls/floors/surfaces and linen will be charged.
** Damages
In the event of breakages, damages and lost items, guests must contact Good House to report the incident as soon as possible. Damages may be deducted from Damage Deposit. Non-disclosure of any damages will not be tolerated, and replacement and/or repair will be automatically deducted from the Damage Deposit.
** Movement of Items Within the house
A strict policy on not moving items or furniture (indoor and/or outdoor) exists for this Property. Movements may cause unnecessary damage to items and the Property itself, and can cause excess cleaning time due to complex housekeeping inventory checks. Any damages/excess cleaning caused by movement of items or furniture will be taken from Damage Deposit.
** Rubbish Collection and Excess Rubbish
Guests are requested to put all rubbish in the appropriate bins provided. Please ensure the rubbish is put out at a reasonable hour so as not to cause noise and disrupt the neighbourhood (e.g. with recycling bottles). The bin lids must be able to close for the collection.
If the bins are not put out or if there is excess rubbish upon check out, a private contractor will be organised to empty the bins and charges will be deducted from Damage Deposit.
PROPERTY INFORMATION
The guest will receive property information with information and instructions re use of house equipment and facilities. Failure to follow the supplied information and/or instructions may result in forfeiture of the Damage Deposit.
RELEASE
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.
CANCELLATION
In the event of a cancellation by the Guest a fee of up to 5% to cover administration and payment gateway costs may be incurred. Good House will not be held liable for any currency fluctuations.
Bookings which cannot take place as a result of Federal or Victorian State Government Covid19 travel restrictions only, guests can choose to postpone their travel and use any money paid as credit for a future stay. Alternately, guests can cancel and receive a refund less $100 admin charge.
ADDITIONAL TERMS TO THE RENTAL 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:
GENERAL PROVISIONS
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. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.