SHORT TERM LICENCE TO USE PROPERTY
Terms & conditions
Dorrigo Bush Pepper Retreat
2002 Deer vale road
Deer vale
NSW 2453
Welcome to our Property. We are glad to have you staying with us and we hope you
enjoy your stay. Please read this document, which sets out the rules for your use of
the Property and forms the basis of your agreement with us.
The Property is owned and operated by the following host (Maria Hopkins):
DORRIGO BUSH PEPPER RETREAT (We are a not for profit and contributions go towards
land restoration and organic farming both plants, trees and animals
The Property is managed by the following manager : Maria hopkins
The contact details for the Manager are:
Phone: 0417115162 mobile or Whatsapp
Email: dorrigobushpepper@gmail.com
Address: 2002 Deer vale road, Deer vale, NSW 2453
This Agreement is between You and the Host.
(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 Host and the Guest hereby agree as follows:
(a) Subject to the terms of this Agreement, the Host grants the Guest a
licence to use the Property, on the terms of this Agreement.
(b) Nothing in this Agreement prevents the Host 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 Host.
“Agreement” means this Short Term Rental Agreement.
“Agreement Date” means the date that the Guest signs 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.
“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 Host 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.
DORRIGO BUSH PEPPER RETREAT (Conscious Living not for profit).
“Party” means either the Guest or the Host.
“Property” means the following property:
Dorrigo Bush Pepper Retreat
2002 Deer vale road
Deer vale
NSW 2453
“Reservation Date” means the date that the Booking was made.
“Us” “We” or “Our” refers to the Host.
(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 Host to the
Guest that the Booking has been accepted.
(b) The Booking will not be confirmed until:
(I) the Host has received payment of the Deposit in full.
(II) the Host has accepted to pay the Security Bond 24 hrs prior to check in; and
(III) the Guest have been sent a copy of this Agreement and accepts the terms & conditions on booking deposit.
(iv) the guests have presented a copy of photo ID
(c) Once the Booking has been confirmed, the Host grants the Guest a licence to
use the Property, subject to the terms of this Agreement.
(5) SECURITY BOND
(a) The Guest must pay a security bond in the amount of
$500 Australian dollars unless otherwise specified
(b) The Security Bond must be paid in full by the following time:
24 hrs prior to check Direct Debit with screenshot sent via email :
Dorrigo Bush Pepper Retreat payment is via our not for profit
Conscious Living (Bendigo Bank)
BSB: 633000
ACC: 212033617
Booking fee applies as specified on your quotation if guest follows payment agreement on schedule
otherwise an extra booking fee of $25 is applied to your booking cost
(c) The Security Bond will be held until the termination or expiration of this
Agreement (after inspection of property after check out)
(d) In the event that the Guest breaches a term of this Agreement, the Security
Bond may be forfeited to the Host. The Host will determine after inspection to refund
the Security Bond to the Guest.
(e) In the event that the Property is damaged, the Host may retain the Security
Bond until such time as the damage can be assessed and/or repaired. Once the
Host has determined the cost of repairs, any balance Security Bond which is not
required to pay for repairs, may be returned to the Guest.
(f) Nothing in this Agreement prevents the Host from claiming additional
compensation (in addition to the amount of the Security Bond) from the Guest in
relation to any breach of this Agreement or in relation to any damage to the
Property.
(g) The Guest hereby acknowledges and agrees that the Guest may be liable to
the Host for any loss or damage that the Host suffers as a result of the Guests
use of the Property, and that this liability is not limited to the amount of the
Security Bond.
(6) PAYMENT FOR BOOKING
(a) In consideration for the Host allowing the Guest to use the Property in
accordance with this Agreement, the Guest must pay the Accommodation Fee as
specified by the Host.
(b) A deposit, in the amount as specified by the Host (in quote) must be paid
at the time of booking.
(c) The balance Accommodation Fee (which amounts to the Accommodation Fee
less the Deposit) must be paid in full by the following time:
14 days prior to arrival
Direct Debit with screenshot sent via email :
Dorrigo Bush Pepper Retreat
BSB: 032-576
ACC: 483136
No booking fee is applied if guest follows payment agreement on schedule
sending a screenshot of payments otherwise a booking fee of $25 is
applicable.
(7) BOOKING DATES
The Arrival Date and Departure Date for the Booking may be recorded elsewhere
(for example in a booking confirmation email) and are as agreed between the
Host and the Guest.
(8) CHECK-IN
Guests may check-in to the Property from the following time on the Arrival Date:
3pm.
(9) CHECK-OUT
(a) Guests must check-out of the Property by the following time on the Departure
Date (“the Check-Out Time”): 10am.
(b) In the event that Guests do not vacate the Property by the Check-Out Time, a
late check-out fee of $40 Australian dollars per hour will apply unless organised
with the host prior.
(10) CLEANING FEE
(a) In addition to the Accommodation Fee, the Guest must pay a fee for cleaning
of the Property (Cleaning Fee in quote) which will be determined as follows:
$60 for 2 night stay
$75 for more then 2 nights
(b) Nothing in this Agreement prevents the Host 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.
(11) CANCELLATION BY GUEST
(a) In order to cancel a Booking, the Guest must contact the Host in the following
way:
Cancellation more than 14 days is complete refund
(b) All cancellations incur a cancellation fee of $25 Australian dollars.
(c) In addition, for any Bookings which are cancelled within14 days of the Arrival
Date, the following procedure will apply:
Cancellation must be at least 14 days prior of booking date to avoid cancellation
fee of 50%.
Cancellation of NSW /QLD school holidays must be 21 days prior or 50%
cancellation fee applies
(d) In addition, the following policy will apply to cancellations:
Cancellations between 8-14 days of booking can opt to transfer booking to
avoid cancellations fees except during school holidays which will incur 50%
of booking fee.
Cancellations less than 7 days of booking 60% cancellation fee applies
Administration fee for transfer of booking is $15
(12) CANCELLATION BY HOST
In the unlikely event that the Host has to cancel or alter the Booking (for
example, due to fire or other damage to the Property), the Host 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 Guest, in any other rental property that the Host owns or
controls, or on any other dates that the Property may be available; and
(c) if the Host is unable to accomodate the Guest in accordance with the
preceding sub-clause hereof, then the Host will refund to the Guest any
money which the Guest has paid to the Host under this Agreement, including
any Accommodation Fee, any Deposit, and any Security Bond.
(13) NUMBER OF GUESTS
The maximum number of persons who may occupy the Property is 5.
(14) CHILDREN
Children are permitted on the Property, however Guests are responsible for the
actions of any and all children in their group, and must take all reasonable steps
to ensure that the children comply with the Guests obligations under this
Agreement.
(15) NO SMOKING
Smoking is strictly prohibited inside the Property.
(16) NO PETS
(a) Guests are strictly prohibited from bringing onto the Property or the
surrounding grounds any pet or animal without the prior written consent of the
Host. We love animals but our lodge is new and carpeted. There is a beautiful
per resort in Dorrigo for your pets to holiday.
(b) In the event that the Host consents to the Guest bringing a pet or animal onto
the Property in the case of a guide dog, the Guest is fully responsible for any
pets or animals which the Guest brings onto the Property, and will cooperate with
the Host in taking any reasonable steps to minimise the risk of harm, loss or
damage that the pet or animal may cause to the Property or to the Host. A pet
cleaning fee bond is required.
(17) NO NUISANCE
(a) Guests must not do anything which may be reasonably considered to cause a
nuisance or annoyance, whether to the Host 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 Host 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 Host under this Agreement.
(18) 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 Host 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 Host under this Agreement.
(19) CURFEW
The following curfew applies to Guests and their invitees or other occupants:
Please keep noise down from 10pm to 8am to keep the tranquilly of the area
Smoking permitted outside on deck, with care to extinguish due to fire risk
(20) PROPERTY USE
(a) The Property may be used for the following purpose(s):
Use of outdoor fire:
Outdoor fires must be attended at all time and extinguished when no longer
in use (with water). Watering can available at tap beside baths).
Outdoor fires not permitted outside during summer fire risk season or any
windy day. Please check rating online http://www.epa.nsw.gov.au
(21) 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 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 Host of any issues with or damage or loss
to the Property or any Items.
(d) Before vacating the Property, Guests must clean any dishes & return to the
drawers, remove any food from refrigerators and deal with rubbish as directed by
the Host, either by placing it in bins provided or by removing it from the Property.
We provide a compost bin for food scraps (no paper)
(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
Host 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 Host may charge an additional fee (in addition to the
Accommodation Fee, the Cleaning Fee and any other fees provided under this
Agreement).
(22) 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 Host 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.
(e) To the maximum extent permitted by law, the Host expressly disclaims all
conditions and warranties of any kind.
(f) The Guests hereby agree that the Guests are solely responsible for
determining whether the Property is fit for the Guests; purpose.
(g) The Hosts failure to exercise or enforce any right or provision of this
Agreement will not constitute a waiver of such right or provision.
(h) This clause will survive termination, expiration or completion of this
Agreement.
(23) INDEMNITY
(a) The Guests hereby indemnify and keep indemnified the Host and any of the
Hosts 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 Host 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 Host 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.
(24) WARRANTY
The Guests hereby warrant that they will compensate the Host for any harm, loss
or damage which the Host 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 Host suffers as a result of being unable to
provide the Property to subsequent guests.
(25) BREACH
(a) Any breach or anticipated breach by the Guests of any of the terms of this
Agreement will permit the Host 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.
(26) ADDITIONAL RULES
In addition to the rules set out elsewhere in this Agreement, the following rules
apply to the Property and the Guests:
You are responsible and liable for your own acts and omissions and you are
responsible for leaving the Accommodation (and related personal property)
in the condition it was in when you arrived, (ii) you are responsible for paying
all reasonable Damage Claim amounts necessary to cover damage that you
cause to our Accommodation even if it is above your damage deposit, and
(iii) you must act with integrity, treat others with respect, and comply with
applicable laws at all times. If you are booking for an additional guest who is
a minor or if you bring a minor, you must be legally authorized to act on
behalf of the minor and you are solely responsible for the supervision of that
minor.
Children of all ages are welcome and must be under supervision of guardian
at all times.
There is a dam on the property as advertised and thus full supervision of
minors are your sole responsibility.
By staying at our property, you acknowledge and ;freely and wilfully ; accept
the risk of ;illness, bodily injury, disability, or death; solely your responsibility.
For EMERGENCY your first point of contact is 000 then advise us on
Whatsapp 0417115162 or email :dorrigobushpepper@gmail.com
(27) APPLICABLE LAW
This Agreement is subject to the laws of New South Wales and each Party
submits to the jurisdiction of the courts of New South Wales.
(28) 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.
(29) 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.
(30) PAYMENT INSTRUCTIONS
Payment of any amounts under this Agreement may be made in the following
manner:
Bendigo Bank
Maria Hopkins
BSB:633000
ACC:212033617
(31) 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 ;
(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 Host is accurate and complete, including but not limited to the information
that the Host 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 ; obligations under this
Agreement.
(32) PROBLEMS WITH THE PROPERTY
(a) In the event that there is a problem with the Property, Guests should contact
the Manager on 0417115162 Whatsapp or email :
dorrigobushpepper@gmail.com or if urgent, please come up to our house at the
end of the driveway
(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.
(33) NO ELECTRIC CARS TO BE PLUGGED IN AS NO SOLAR SYSTEM CAN SUSTAIN AND REPAIR
COSTS TO YOU WILL BE IN EXCESS OF $5,000
(34) EMERGENCIES
In case of emergency, phone 000 for the police, fire brigade, or an
ambulance.
(35) AGREEMENT
You agreement to these terms &; conditions are confirmed by your booking.
The person accepting the quotation and paying the deposit therefore accept the above terms & condition and that all Guests have had the opportunity to read
and understand the terms of this Agreement and that they agree to be bound by
this Agreement by paying the deposit .
You are welcome to fill in form and return or your agreement in booking confirms you have agreed to these terms and conditions