BOOKING TERMS AND CONDITIONS:
This Short-Term Rental Agreement (Agreement) is between Jessica Groves and Richard Wright as Trustees for the Hilltop Hideaway Villas Trust, ABN 55309972044 (Hilltop Hideaway Villas) and the guest/s named in the booking (Guest) made via Hilltop Hideaway’s Villas online booking system ‘Lodgify’, as applicable (or such other online booking system used by Hilltop Hideaway Villas at the relevant time) (Online Booking System) for the short-term rental of the property located at Hilltop Hideaway Villas, 1480 Deans Marsh-Lorne Road Benwerrin VIC 3235(Property) made via the Online Booking System (Booking).
IT IS AGREED AS FOLLOWS:
1. ACCEPTANCE OF TERMS AND CONDITIONS
- This Agreement includes Hilltop Hideaway’s Villa legal notices accessible on or via its website at www.hilltophideawayvillas.com.au (Website) and all guidelines, codes of conduct, schedules, annexures, and attachments relating to this Agreement, provided with, or separately and forming part of this Agreement, including the Schedule of Costs.
- By making the Booking using the Online Booking System, the Guest for themselves and on behalf of all other Guests:
- agrees to the terms and conditions of the Online Booking System;
- agrees to the terms and conditions as set out in this Agreement; and
- acknowledges they have read and agreed to be bound by the Website legal notices (which include the Website Terms and Conditions) and this Agreement.
- This Agreement is subject to all applicable public health and related Australian State and Federal Government regulatory and legislative obligations, directions, orders and restrictions (including those in relation to COVID-19 or any comparable pandemic) (Public Health Laws) in force at the applicable times. The Guest will be required to provide evidence of a vaccination certificate or a negative PCR test and will be responsible for checking and complying with all relevant and applicable State and Federal Government health orders, directions, guidelines and alerts upon entering into this Agreement and before commencing their stay at the Property.
- Hilltop Hideaway Villas abides by, and this Agreement is subject to, the Surf Coast Shire Council Short Stay Rental Accommodation Local Law (Local Law). which is accessible at https://www.surfcoast.vic.gov.....
- Only persons aged twenty-one (21) years or older are permitted to make Bookings and enter into this Agreement. By making the Booking the Guest represents and warrants that they are at least twenty-one (21) years of age.
- If the Guest does not accept the terms and conditions under this Agreement, they must not proceed with payment for the Booking and must immediately cancel the Booking.
Guests, Registration and Minimum Booking Periods
- By making a Booking, the Guest consents to provide their personal information and acknowledges that if they do not give consent Hilltop Hideaway Villas may not be able to provide some or all of the services in relation to the Property contemplated by this Agreement including the short-term rental of the Property pursuant to the Booking (Services).
- The Guest agrees that all information they provide to Hilltop Hideaway Villas either directly or via the Online Booking System will be true, accurate, current and complete. The Guest agrees that they are responsible for all information they provide to Hilltop Hideaway Villas and that any errors or discrepancies in any confirmation for the Booking provided by the Online Booking System or otherwise must be notified to Hilltop Hideaway Villas up until date of check in. The Guest acknowledges that if Hilltop Hideaway Villas reasonably believes that the information provided by the Guest is false, inaccurate or misleading to the potential material detriment of Hilltop Hideaway Villas it may, at its sole discretion, suspend the Booking pending resolution of the issue to Hilltop Hideaway’s Villas satisfaction, or terminate the Booking and/or the Guest’s access to the Property in which case clause 7(d)(i) shall apply.
- The provisions of clause 2.1(b) entitle a Guest to transfer the Booking into the name of another person or change the commencement date or duration of the Booking.
- The Guest Registration Form provided by Hilltop Hideaway Villas need’s to be completed and returned by the Guest. For group Bookings, the Guest must include details of all their guests in the Guest Registration Form (Registered Guests) and obtain the consent of all Registered Guests for the disclosure of such information to Hilltop Hideaway Villas. Only the Guest and Registered Guests (together, Guests) will be permitted to occupy the Property during the duration of the Booking period.
- The Property accommodates the maximum number of six (6) Guests indicated on the Website. [Prior approval must be sought from and given by Hilltop Hideaway Villas in writing where the number of Guests will exceed the capacity or the number stated, and an additional Fee may be payable as provided in the Schedule of Costs.][Where Guests exceed the capacity or the number stated without the prior written consent of Hilltop Hideaway Villas, an additional Fee shall be payable as provided in the Schedule of Costs and Hilltop Hideaway Villas shall be entitled in its discretion to immediately terminate the Booking and this Agreement.
- [Where there are more than six (6) Guests, additional Fees in accordance with the Schedule of Costswill be payable.]
- A minimum period of stay of two (2) nights shall apply year-round. During long weekends and school holidays, a minimum period of stay of three (3) nights shall apply. During summer school holidays, a minimum period of stay of five (5) nights shall apply. Other minimum periods of stay may apply during such periods as determined by Hilltop Hideaway Villas from time to time.
- Requests for stays of less than the minimum period may not be approved.
- The Guest will pay Hilltop Hideaway Villas all applicable accommodation fees, costs and amounts set out on the Website and/or the Schedule of Costs (together, Fees), at the rate and in the manner specified in the Booking and this Agreement.
- The Guest does not need to pay a deposit.
- The full amount of the accommodation Fees must be paid no later than the time of the booking.
- Hilltop Hideaway Villas accepts payment of all Fees via the online booking system only. Airbnb and Stay's/VRBO will be entitled to a fee of 5% of the rate of the transaction value.
- Rates quoted are in Australian dollars and are subject to change at any time. Fees paid in a foreign currency will be reconciled at the date of payment and will be subject to the applicable prevailing exchange rate and transfer fees. GST shall be applied where applicable.
- All Bookings require a refundable security bond to be provided by credit card pre-authorisation of such amount determined in accordance with the Schedule of Costs (Security Bond), no later than one (1) day before the commencement date of the Booking (or at the time of Booking if the Booking is made within one (1) day of its commencement date).
- The Guest irrevocably agrees that Hilltop Hideaway Villas is permitted to claim against, charge or deduct (as applicable) from the Security Bond at any time without prior notice to the Guest:
- any outstanding or additional Fees payable by the Guest in accordance with the Schedule of Costs; and
- the cost of repair or replacement of any faulty, damaged, broken, lost or stolen fixtures, fittings, equipment, goods or chattels including furniture and furnishings (together, FF&E) of Hilltop Hideaway Villas at or in the Property and any damage or loss to the Property, and any Equipment used pursuant to clause 3.2(j).
Variation and Cancellation of Bookings
- If the Guest cancels a Booking for any reason:
- (i) Five (5) days before the commencement date of the Booking, all amounts paid shall be refunded to the Guest;
- less than five (5) days before the commencement date of the Booking, subject to clause2.4(b), no refunds shall be paid and Hilltop Hideaway Villas shall be entitled to retain the Deposit and all additional accommodation Fees paid.
- If the Guest cancels a Booking less than five (5) days before the commencement date of the Booking Hilltop Hideaway Villas shall retain the Deposit and/or any additional accommodation Fees paid (as applicable) where an alternative guest subsequently books the Property for a stay which includes all or some of the booking dates of the Booking. Any refund given to the Guest shall be equal to the lesser of the amount paid by the Guest which was retained by Hilltop Hideaway Villas and the amount paid by the alternative guest in respect of the same booking dates as the Guest as provided in the Schedule of Costs.
- If the Guest makes a request to change the dates of the Booking where there are extenuating circumstances, Hilltop Hideaway Villas will consider the request on a case by case basis and may, in its absolute discretion and subject to provision of reasonable proof of the extenuating circumstances by the Guest (if so requested) and availability, agree to change the scheduled dates of the Booking provided that the Guest pays Hilltop Hideaway Villas administration Fee as provided in the Schedule of Costs.
- Hilltop Hideaway Villas reserves the right to vary or cancel the Booking in its absolute discretion where any situation arises that renders the Booking impractical, unsafe or unable to be fulfilled which may include, but is not limited to, damage to the Property, force majeure, terrorism, natural disasters, pandemics, political instability or other events or circumstances which make it unviable for Hilltop Hideaway Villas to uphold the Booking. Where Hilltop Hideaway Villas wishes to vary or cancel a Booking under this subclause, Hilltop Hideaway Villas will where feasible, use its best endeavours to offer acceptable alternative accommodation to the Guest that is, as far as practical and possible, substantially the same as or similar to the Property for the same dates as the Booking, failing which the Guest shall be entitled to either:
- reschedule the Booking to commence on an alternative date within twelve (12) months after the date of the commencement of the original Booking; or
- receive a refund of the Deposit and all additional accommodation Fees paid (if any).
Check-ins and Check-outs
- Check-in shall only be available if the Guest has provided the Security Bond and paid the accommodation Fee in full as required by this Agreement.
- During any period in which Public Health Laws apply to the Guest’s stay at the Property, Hilltop Hideaway Villas may request that all Guests provide a declaration as to their health and exposure to any pandemic or other illness including COVID-19 which is the subject of the applicable Public Health Laws, as a prerequisite for completing check-in and the provisions of clause 2.5(e)(ii) may apply.
- Subject to clause 2.6(e), check-in is available from 3 pm on the commencement date of the Booking. The Guest will be provided with check-in details by booking method or email. Any updates to the check-in details will be provided to the Guest through booking method, email, SMS or call.
- Subject to clause 2.6(e), the latest check-out time is 10 am on the day of departure, after which a late check-out Fee may apply in accordance with the Schedule of Costs.
- Check-in and check-out times are strict unless otherwise prior agreed by Hilltop Hideaway Villas. Any request by the Guest for changes to the check-in and/or check-out times must be made prior to stay or day of unless otherwise agreed. Any agreement by Hilltop Hideaway Villas to change the check-in or check-out time must be made prior to stay or day of is subject to availability and may require payment of an additional Fee in accordance with the Schedule of Costs.
- If the Property or any FF&E is found by the Guest to be in an unclean or damaged state or if any facilities are not fully working at the time of check-in, the Guest must promptly notify Hilltop HideawayVillas and allow Hilltop Hideaway Villas or its staff to access the Property to inspect and, if necessary, clean the Property and/or clean and repair any faulty, damaged or broken FF&E or facilities.
- Hilltop Hideaway Villas is not liable for alternative accommodation or any other costs that may be incurred by the Guest where they fail to make full payment of the accommodation Fees in the time required under clause 2.2(c) or fail to complete check-in during the relevant period on the date of commencement of the Booking for any reason.
- The Guest may obtain the keys for the Property via a lockbox.
- If the Guest locks keys inside the Property or any provided keys are lost, the Guest may be liable to pay a Fee in accordance with the Schedule of Costs.
- Upon the Guest vacating the Property, the keys must be immediately returned by lockbox. If any key is not returned at check-out, the Guest may be required to pay a Fee in accordance with the Schedule of Costs, and unauthorised copying and knowing retention of the keys or other instruments that allow for access to the Property will constitute an offence under the Fair Trading Act 2012 (VIC) (Fair Trading Act).
Children and Visitors
- Where Guests exceed the capacity, an additional Fee shall be payable in accordance with the Schedule of Costs and Hilltop Hideaway Villas shall be entitled to immediately terminate the Booking and this Agreement.
- Children under the age of twelve (12) are permitted as Guests only when accompanied by their parent, legal guardian or an authorised responsible adult.
- The accommodation prices for children are included in the standard rate and refer to using existing bedding.
- The Guest acknowledges that there may be steps and balconies at the Property and that no baby gates or stair barriers may be available unless expressly confirmed with Hilltop Hideaway Villas prior to the commencement of the stay. Hilltop Hideaway Villas requires children to be supervised at all times and in particular with respect to the Property’s fireplaces, gas stoves, spas, steps, balconies, barbeque, fireplace, busy or main roads or intersections, neighbouring driveways, natural bush, forest, natural park, cleaning chemicals, and visiting wildlife.
- Visitors of Guests at the Property must be family members, friends and other responsible adults at least eighteen (18) years of age. Any children aged between twelve (12) and eighteen (18) years must be supervised by a responsible adult, and children aged less than twelve (12) must be accompanied by their parent or legal guardian.
- The Guest acknowledges and agrees that they are responsible for all acts and omissions of visitors to the Property during their stay and must ensure that visitors comply with all applicable provisions of this Agreement including clause 3.1 and clause 4 as if they were Guests.
The Guest agrees:
- to be an occupant of the Property for the entire duration of the Booking;
- not to sublet or allow unregistered persons to stay at the Property;
- they are responsible for all persons staying at or visiting the Property (including Registered Guests) and ensuring that such persons comply with all applicable terms and conditions of this Agreement as if they were a party to this Agreement, and agrees that any breach of this Agreement by any such person (including Registered Guests) may be deemed to be a breach by the Guest;
- to comply with all applicable laws and regulations and not engage in conduct that contravenes criminal law or planning laws which apply to the Property and/or the Booking and acknowledges Hilltop Hideaway Villas will cooperate with any investigation of alleged contraventions at the Property during their stay;
- not to use the Property for any purpose other than the approved purpose as set out in this Agreement;
- to co-operate with Hilltop Hideaway villas and abide by this Agreement during their stay at the Property;
- not to bring or permit to be brought onto the Property any motorbikes, dirt bikes, quad bikes, firearms, air rifles or fireworks or any other items as advised;
- to duly comply with all provisions in the House Manual, the Safety Guide and all other manuals and guides provided at the Property during the duration of their stay at the Property and all check-out obligations;
- not to break into or attempt to break into the Property if locked out or unable to enter for any reason and to contact Hilltop Hideaway Villas for instructions and assistance;
- to maintain the security of the Property to prevent theft of or damage to the Property or FF&E and the Guests’ personal property, including locking doors and closing windows, and to advise Hilltop Hideaway Villas immediately if they are unable to secure the Property;
- not to smoke or permit smoking within the Property or its grounds;
- use of the Property for schoolies, large parties, functions or group gatherings is strictly prohibited without prior written permission and that an additional Fee may be payable in accordance with the Schedule of Costs if such permission is not obtained;
- not to have pets on the Property;
- to abide by the noise and good neighbour policy referred to in clause 4;
- not to nail, screw, staple or fix anything to any wall, door or other surface or part of the Property; and
- the Guest acknowledges and agrees that in addition to all other rights Hilltop Hideaway Villas may have for breach of any provisions of this clause, Hilltop Hideaway Villas shall be entitled to charge such additional Fees in accordance with the Schedule of Costs.
- Hilltop Hideaway Villas provides towels and bed linen at the Property for the use of Guests.
- Free WIFI internet connection is made available for Guests however the Guest acknowledges the internet connection during the duration of the Booking is not guaranteed and may be disrupted, weak or unavailable without notice.
- Guests are responsible for ensuring that any third parties engaged to provide services at the Property are informed of this Agreement and hold appropriate public liability insurance. Hilltop Hideaway Villas accepts no liability for any third-party services including any which have been recommended or referred by Hilltop Hideaway Villas.
- The Guest acknowledges that it shall treat the Property with as much care as if it was the Guest’s own residence and that it shall be left in the same condition as when the Guest arrived, including returning all furniture and styling pieces to their original location.
- All personal property left behind at the Property is the sole responsibility of the Guest who may arrange for Hilltop Hideaway Villas to post or courier the item or collect the item from the Property. Where the Guest opts for Hilltop Hideaway Villas to post or courier the item, an administration Fee may apply as provided under the Schedule of Costs in addition to postage or courier costs.
- The Guest acknowledges the Property may be visited by wildlife which may include, but is not limited to rodents, insects, cockroaches, kangaroos, deer, bandicoots, wombats, snakes and spiders, and agrees Hilltop Hideaway Villas is not responsible for and has no control over the natural and surrounding habitat.
- The Guest may use the fireplace and barbeque during their stay, subject to Hilltop Hideaway Villas Fire Safety Guidelines. The fireplace, barbeque, must be operated by persons over the age of eighteen (18) only and is at the Guests’ own risk and is not responsible for any damage, injury or harm that may occur from their usage.
- Guests may use the spa during their stay subject to Hilltop Hideaway Villas Spa Safety Guide and the rules in the House Manual. All use of the spas is strictly at the Guests' own risk and Hilltop Hideaway Villas is not responsible for any damage, injury or harm that may occur from usage of the spa.
- Hilltop Hideaway Villas may make available for Guests a range of sports and leisure equipment including outdoor games, and other recreational items (Equipment) for rental use by Guests at any time during the duration of the Booking. The Guest acknowledges that the provisions of clauses 2.3(c)(ii), 3.43(a), 3.43(d) and 3.5 shall apply to the rental and use of the Equipment.
Access to Property
- Hilltop Hideaway and/or its authorised third parties may require access to the Property during the period of the Booking:
- for repair, service and/or maintenance during reasonable hours with notice to the Guest as far as reasonably possible;
- to conduct any repairs, maintenance or service or to protect the Property at any time in emergencies; and
- for prospective purchasers to view the Property where the Property is being offered for sale, as arranged.
Damages and Repair
- The Guest is responsible for and will be charged for all damage (outside of normal wear and tear), breakages, cost of repair or replacement to the Property and any FF&E at or in the Property and rented Equipment. Where the value of the damage or cost of repair or replacement caused by the Guest exceeds the Security Bond amount, Hilltop Hideaway Villas is entitled to recover this as a debt immediately due and payable from the Guest including any administration Fees in accordance with the Schedule of Costs and for this purpose shall be entitled to use the Guest’s credit card details (where applicable) to recover monies due and/or to invoice the Guest.
- Hilltop Hideaway Villas does not accept liability for any loss caused by failure of equipment and/or services or utilities out of its control, which may include, but is not limited to, TV or electronic equipment, water, electricity, gas and internet. In the event of a failure, the Guest should notify Hilltop Hideaway Villas in the first instance.
- Repairs, maintenance or service reported and requested by the Guest that have been deemed necessary by Hilltop Hideaway Villas, will be carried out as soon as practicable. However, if repairs are required due to unforeseen circumstances it may not be possible to guarantee immediate repairs or repairs during the Booking period.
- All faults, damages, breakages, or losses to or at the Property, including to any FF&E and rented Equipment are to be reported within twenty-four (24) hours to Hilltop Hideaway Villas. To avoid being charged for any faults, damage or breakage not caused by the Guest, any faults, damages, or breakages of FF&E as at the time of check-in or Equipment as at the commencement of the rental should be brought to Hilltop Hideaway Villas attention promptly following check-in or commencement of the rental (as applicable).
Assumption of Risk
- The Guest acknowledges and agrees that use of the Property, all facilities at the Property and any Equipment by all Guests and visitors is solely at the Guest’s own risk and that Hilltop Hideaway Villasis not responsible for the safety or wellbeing of any person, including children, any Guests or visitors to the Property or for any loss of enjoyment that may result from unusual circumstances or circumstances beyond the reasonable control or foresight of Hilltop Hideaway Villas including weather, acts of God, fires, storms, power failures, riots, strikes, pandemics or any other events usually considered to be an event of force majeure.
- The Guest accepts full responsibility for the care of rented Equipment until it is returned to Hilltop Hideaway Villas and for the return of the Equipment in the condition it was provided. If the Equipment is lost, damaged in any way, or destroyed beyond repair, the Guest agrees not to dispute and to accept the reasonable determination of Hilltop Hideaway Villas in relation to the costs of loss, damage or destruction of the Equipment.
- The Guest acknowledges and agrees if at any time any weather conditions or other circumstances occur that may make usage of the Equipment, spa, barbeque or any other facilities unsafe for any Guests or visitors, the Guest will ensure that they immediately discontinue usage. The Guest acknowledges and agrees that usage of the Equipment, spa or barbeque may cause serious or grievous injuries which may include injury, harm and/or death.
- The Guest assumes all risk and takes full responsibility for all personal injury, sickness, disease (including but not limited to contracting or spreading infectious diseases), death for any reason, damage to and loss of personal property and losses of all kinds whatsoever arising out of, attributable to, caused by or resulting from the usage of the Equipment, the Property and any part of it and all facilities at the Property and the Guests’ stay at the Property, which may include but is not limited to using the Property or any part of it in any manner, and participating and/or engaging in any activities at the Property.
- The Guest hereby waives and releases, indemnifies, holds harmless and forever discharges Hilltop Hideaway Villas and its current and/or former agents, employees, officers, directors, affiliates, successors and trustees from and against any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that they ever had or may have, arising from, or in any way related to, their usage of the Equipment and the facilities at the Property and/or their stay at the Property by the Guests and their visitors, and any activities that the Guests and their visitors may partake in or have partaken in, at or away from the Property and its premises, provided that this waiver of liability does not apply to any acts of gross negligence or intentional or wilful misconduct by Hilltop Hideaway Villas.
NOISE AND NEIGHBOURS
- All noise must be kept indoors at the Property in the period between 11:00pm and 7:00am.
- Excessive noise, music and any other form of disturbance that is unreasonably disruptive to neighbours of the Property or interferes with the peace and comfort of neighbours is prohibited at all times and may result in eviction and immediate termination of the Booking under clause 7(d)(i).
- Where any representative of Hilltop Hideaway Villas, security guards or the police attend the Property to deal with noise complaints or excess Guests or visitors, or where a valid complaint has been received from neighbours during or after the Booking, the Guest will be charged an additional Fee in accordance with the Schedule of Costs.
- If a noise complaint is received, a first warning will be given. If a second complaint is received, Hilltop Hideaway Villas shall have the right to immediately evict the Guests from the Property and terminate the Booking and this Agreement.
- The Guest acknowledges that creating noise which because of its level, nature, character, or quality, or the time it is made, is likely to harm, offend or unreasonably disrupt or interfere with the peace and comfort of neighbours of the Property and other occupants of the premises may also be an offence under the Code and Fair Trading Act.
- Hilltop Hideaway Villas is not liable for any disturbance, noise or inconvenience that the Guest may experience from neighbours of the Property or for any other reason including any nearby renovation or building work or roads (as applicable).
- A ‘good neighbour’ policy shall be enforced at the Property by Hilltop Hideaway Villas.
- Behaviour by Guests:
- that is violent or threatening;
- which could reasonably cause alarm or distress to neighbours; or
- which intentionally, recklessly, or negligently causes damage to the premises at which the Property is located or personal property of neighbours,
may incur a penalty under the Fair Trading Act and/or eviction and shall give Hilltop Hideaway Villas the right to immediately terminate the Booking and this Agreement and the provisions of clause 7(d)(i) shall apply.
- Any behaviour exhibited by Guests that is disrespectful of or disruptive to neighbours, traffic flow or the community, or which prompts complaints to Hilltop Hideaway Villas from the police, local council or neighbours, shall not be tolerated and may result in a fine under the Fair Trading Act and/or eviction and shall give Hilltop Hideaway Villas the right to immediately terminate the Booking and this Agreement and the provisions of clause 7(d)(i) shall apply.
- If any behaviour of Guests or visitors results in any dispute or complaint the Guest must notify Hilltop Hideaway Villas as soon as possible, and the Guest acknowledges that failure to do so may result in a penalty under the Fair Trading Act.
REVIEWS AND SOCIAL MEDIA
- Hilltop Hideaway Villas encourages Guests to tag @hilltophideawayvillas when posting during their stay at the Property, and unless expressly objected to, Hilltop Hideaway Villas may tag the Guests in some of its posts on matters of interest or repost their images on its accounts.
- Where, upon request, the Guests provide Hilltop Hideaway Villas with images of themselves or others, taken during their stay at the Property, unless they expressly object, they agree to release and hold Hilltop Hideaway Villas harmless from any liability in relation to the images which it may use for its marketing material or promotional purposes.
- The Guest agrees that any testimonial Hilltop Hideaway Villas has received from any other guest is indicative of that guest’s experience at the Property and may not necessarily be typical. The Guest acknowledges and agrees that testimonials are not a guarantee of the experience they will have at the Property, though Hilltop Hideaway Villas endeavours to ensure every guest is reasonably satisfied.
- In the event the Guest experiences any issue or problem during their stay at the Property, they agree that if the issue or problem relates to:
- alleged contraventions of the Code, criminal law or civil penalty provisions, or planning laws by Hilltop Hideaway Villas, it must be addressed through the proper process outlined in section 3 of the Code; or
- other matters, it must be resolved via the internal dispute resolution process under clause 9 and may be subject to the obligations of confidentiality under clause 6, and the Guest agrees to give Hilltop Hideaway Villas the opportunity to rectify the situation before leaving negative reviews that may be published in the public domain and be damaging to the reputation of Hilltop Hideaway Villas.
- The Guest agrees that before leaving a review, they will consider the potential implications under theCompetition and Consumer Act 2010 (Cth) and the Defamation Act 2005 (VIC) of making false and/or misleading statements and the potential for a claim for damages and other remedies where a person’s reputation has been harmed by the publication of defamatory matter.
- The Guest acknowledges and agrees that they will be prohibited from publishing a review on any public forum if the Booking has been terminated for a breach of this Agreement and that any disputes or feedback will be directly raised with or provided, as applicable, to Hilltop Hideaway and may be subject to the obligations of confidentiality under clause 6 of this Agreement.
CONFIDENTIAL INFORMATION AND PRIVACY
Obligations with Respect to Confidential Information
A recipient of confidential information:
- may use the confidential information only for the purposes of this Agreement or with the prior consent of the discloser (which may be given or withheld at the discloser’s absolute discretion);
- must keep confidential all confidential information except:
- for disclosure permitted under this clause 6; and
- to the extent (if any) the recipient is required by law to disclose such confidential information; and
- must cease to use and destroy or return all confidential information immediately upon request.
In this clause 6, confidential information includes:
- all information relating to or concerning any issues, problems, disputes and feedback as contemplated by clauses 5(d) and 5(f);
- all Personal Information held by Hilltop Hideaway Villas relating to Guests; and
- all information relating to Hilltop Hideaway Villas including its affairs and business, the Property, and the Services,
but excludes information:
- which is in the public domain at the date of this Agreement or becomes part of the public domain after the date of this Agreement without any breach of this Agreement or other obligation of confidence;
- which the recipient can prove was already known to them at the time of disclosure by the disclosing party (other than if such knowledge arose from the disclosure of confidential information in breach of the obligation of confidentiality); or
- which the recipient acquired from a third party entitled to disclose it.
REFUNDS, BREACH AND RIGHTS OF TERMINATION
- Hilltop Hideaway Villas reserves the right to refuse or grant refunds for the Services pursuant to the Australian Consumer Law as provided in the Competition and Consumer Act 2010 (Cth). Any requests by the Guest for refunds must be detailed in writing and will only be considered when options for remedies or replacements have been exhausted.
- The Guest acknowledges that any breach of this Agreement by the Guest may result in the Guest becoming liable for payment of Fees as outlined in the Schedule of Costs and other associated consequences as specified in this Agreement including termination of a Booking and this Agreement with no refund payable.
- Hilltop Hideaway Villas does not permit the Property to be used for schoolies or large parties, functions, or group gatherings, or for bookings for the Property to be made by anyone under the age of twenty-one (21). If the Guest is in breach of these restrictions, Hilltop Hideaway Villas shall have the right to cancel or terminate the Booking, in which case, no refund shall be payable, and Hilltop Hideaway Villas shall be entitled to retain all amounts paid in respect of the Booking and charge any additional Fees payable under this Agreement in accordance with the Schedule of Costs.
- Without prejudice to any other rights or remedies Hilltop Hideaway Villas may have under this Agreement or at law, Hilltop Hideaway Villas shall have the right to terminate the Booking and this Agreement with written notice effective immediately or at such later time stipulated in the notice and to retain all amounts paid in respect of the Booking and charge any additional Fees payable under this Agreement in accordance with the Schedule of Costs if:
- (i) a provision of this Agreement specifically grants a right of termination;
- the Guest commits a material breach that is not capable of remedy or multiple or recurring breaches of this Agreement whether remedied or not; or
- the Guest commits a material breach and does not rectify the breach within any reasonable time given by Hilltop Hideaway Villas for the Guest to rectify the breach.
- Hilltop Hideaway Villas reserves the right to terminate this Agreement or refuse to provide the Services or access to the Property to any Guests or persons, as outlined in the Code. Guests who are on the exclusion register and enter into this Agreement or stay at the Property may incur a penalty under the Fair Trading Act.
- Hilltop Hideaway Villas will not be liable for any losses, costs and/or expenses incurred or sustained by the Guest as a result of the termination of this Agreement and the Booking.
- The termination or conclusion of this Agreement and the Booking does not affect or effect any release of any accrued rights, obligations, or remedies of a party in relation to events, acts or omissions that occurred before the termination or conclusion of this Agreement and the Booking including any claim that either party may have against the other party.
- The Guest acknowledges and agrees where the Booking is terminated pursuant to a breach of this Agreement, the provisions of clause 5(f) apply.
LIMITATION OF LIABILITY
Liability of the Guest
Hilltop Hideaway Villas may, in its sole discretion, take an action (including legal proceedings) and claim against:
- only the Guest pursuant to the provisions of clause 3.1(c); or
- the Guest and/or any or all other relevant Guests notwithstanding the provisions of clause 3.1(c),
for all acts and omissions, breach of this Agreement and all other liability under this Agreement, in equity or at law, of the Guest and/or any other Guests.
To the fullest extent permitted by law (including the Australian Consumer Law), the total liability of Hilltop Hideaway Villas under or in connection with this Agreement in respect of all claims (if any) is limited to the lesser of all amounts paid to Hilltop Hideaway Villas, and all amounts paid or payable for the Booking, and in any event shall not exceed the available proceeds of the professional indemnity and/or public liability insurance coverage of Hilltop Hideaway Villas at the relevant time.
In no case shall Hilltop Hideaway Villas, its officers, employees, affiliates, agents, contractors or licensors be liable for any consequential loss arising from the Guests’ use of, or reliance on, the Booking, the Property or Services and/or any content or information (including regulatory or legislative) provided at or about the Property or in information brochures about the Property including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via Hilltop Hideaway Villas.
Australian Consumer Law
Nothing in this Agreement is intended to limit any Australian Consumer Law guarantees or warranties that may apply to the Services that cannot be excluded.
The parties must use reasonable endeavours to resolve all disputes through negotiation. If the dispute cannot be resolved through negotiation between the parties within twenty-one (21) days of the dispute arising, either party may commence mediation or other proceedings.
If any provision or part of this Agreement is void or unenforceable for any reason, then that provision or part will be severed from this Agreement and the rest of this Agreement shall be read as far as possible as if the severed provision or part had never existed.
Entire Agreement and Variation
The parties agree that this Agreement is the entire agreement between Hilltop Hideaway Villas and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between Hilltop Hideaway Villas and the Guest in that regard. Any changes to this Agreement must be agreed in writing between Hilltop Hideaway Villas and the Guest prior to the changes coming into effect.
Governing Law and Jurisdiction
This Agreement is governed by, and all disputes relating to or arising in connection with this Agreement, or the subject matter of this Agreement shall be resolved in accordance with, the laws of Victoria, Australia and the parties irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from those courts.
Joint and Several
Where the Guest is two or more persons:
- any agreement, representation, warranty, or indemnity given by them binds each person jointly and severally; and
- any agreement, representation, warranty, or indemnity in favour of them may be enforced by any of them.
Singular or Plural
In this Agreement, words in the singular include the plural and vice versa, unless the contrary intention appears.
The provisions of clauses 1, 3.5(e), 5, 6, 8, 10.3, 10.5 and this clause 10.6 (and any other provisions which by their nature are intended to continue to have effect) shall survive the expiration or termination of this Agreement and the fulfilment, expiry, cancellation or termination of any Booking.
In the event of any ambiguity, inconsistency or uncertainty in the interpretation of the terms and conditions set out in the body of this Agreement and any other documents or information comprising the Agreement as referred to in clause 1(a), the Guest shall raise the ambiguity, inconsistency or uncertainty with Hilltop Hideaway Villas to resolve and provide direction.
SCHEDULE OF COSTS
Additional beds used
Where a trundle, mattress or any additional bed or sofa bed or porta cot is used
$50 per Guest per night
Additional Guests over maximum 6
Where the number of Guests exceeds six (6) guests, the maximum number authorised
$25 per Guest per night over six (6) Guests
Call-out Fee for locksmith/ lost keys
If any provided key is lost, not returned, or locked inside the Property
Cost to repair or replace
Call-out Fee for medical emergency
Where any Guests are transported to hospital or require medical assistance or relocation, the Guest will be responsible for paying these costs
Cost of invoice
Call-out Fee for Hilltop Hideaway Villas
Where Hilltop Hideaway Villas is called to the Property and the issue is deemed to be caused by any Guests, equipment owned by any Guests or because any Guests have not followed instructions
Cost of Invoice
Call-out Fee for tradesperson to fix an issue caused by the Guest
Where a tradesperson is called to the Property and the issue is deemed to be caused by any Guests, equipment owned by any Guests or because any Guests have not followed instructions
Cost of invoice
Call-Out Fee where Guest is not present
Where the Guest requests a service call and is not present to provide access
Cost of invoice
Change to check-in or check-out times
Where consent is given for early check-in or late check-out (subject to availability)
Check-out late - without consent
A late check-out past 10 am without prior consent of Hilltop Hideaway
Cost of $50 per hour if impacts next guest checking in
Where the BBQ or oven is left in a condition which requires professional cleaning.
Cost of invoice or $50 per hour to complete procedure.
For professional cleaning or damage
Cost of Invoice or $50 per hour to complete.
Cleaning: Linen, carpets and furnishings
Where the carpets, furnishings or linen within the Property have been soiled or damaged to the extent that they require extensive cleaning or replacement
Cost of invoice or $50 per hour to complete procedures.
Cleaning: the Property
Where the Property has been left in an extremely dirty or messy condition
Cost of invoice or $50 per hour to complete procedure.
Credible noise complaint by neighbours
Failure to abide by Hilltop Hideaway Villas noise policy
Cost of fines incurred
Driving or parking on the grass
Where there is evidence of the Guest parking or driving on the grassed area
Cost to repair if significant damage occurs
Evidence of pets
Where there is evidence of pets having been at the Property without consent, or with consent but additional cleaning of the carpets, furnishings or linen is required
Cost of invoice for cleaning, repairs or replacements.
Evidence of smoking
Where there is evidence of smoking within or at the Property, including traces of residual smoke or cigarette butts
Additional cleaning cost, $50 per hour
Failure to complete check-out obligations
Where the Guest fails to complete the check-out obligations as required
Cost of any invoice or $50 per hour to complete procedures.
- Where Guests or their visitors park in an area or space that is not permitted, and Hilltop HideawayVillas receives a valid complaint
Costs and fines incurred
Where it is determined that the Guest has caused a plumbing or electricity issue that requires a tradesperson
Police/security called to the Property
Where police or security attend the Property for any reason including failure to abide by the good neighbour and noise policy
Costs and fines incurred
Where the Guest leaves personal property at the Property and requires postage or courier services
Postage or courier invoice costs
Repair/replacement - Equipment
Where there is loss or damage to the Equipment
Invoice cost for repair or replacement
Repair/replacement - the Property and FF&E
Where there is loss or damage to electrical items, floors and floor coverings, furniture and fittings, kitchen utensils, crockery, glassware, cutlery and any other items at the Property
Where there is loss or damage caused to the Property or the premises
Invoice cost to repair/ replace
Credit card pre-authorisation
$800 or as otherwise specified by Hilltop Hideaway Villas
Use of Property
Where the Property is used for any prohibited purpose or for any other than the purpose of this Agreement.
Cost of Security Bond and any additional expenses.
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