Terms & Conditions
Short Stay Agreement
- Any booking made by You with Us will be charged a booking fee of $200 (including GST) payable at the time of booking and a booking form must be completed in full (including the full names and details of all guests) in order to secure a booking of the Property.
- Unless otherwise agreed a booking will require payment of a 50% deposit on booking. Acceptance of a booking is subject to receipt of the deposit and confirmation of the booking. If a booking is made within 30 days prior to commencement of a booking payment in full will be required on application for the booking.
- The balance of moneys payable for any booking must be received in cleared funds not less than 30 days prior to commencement of the booking term.
- The amount of the bond will be advised at the time of booking and must be paid in full prior to commencement of the booking term. The bond can be processed as a credit card payment or by direct transfer of cleared funds.
Access to the Property
- Access to the Property on commencement of any booking shall remain subject to consent of the owner of the Property and on payment of all moneys contemplated in the Agreement.
- Access to the Property on commencement of the booking will also be subject to all pre-letting cleaning having been undertaken and any necessary repairs completed and a pre-access inspection having been conducted.
- The Property will not be made available to persons under 28 years of age ("Schoolie" or "Youth Groups") or for special events or parties (unless otherwise agreed). In the event that any booking is found to be in breach of this condition We reserve the right to cancel the booking immediately and forfeit all moneys payable under the Agreement and the bond.
- If any unauthorised function or party takes place at the Property during the booking term, We shall be entitled to payment of liquidated damages of minimum $2,000 which is a genuine pre-estimate of the loss and/or damage likely to be incurred.
- If the Property is found to have an unauthorised function involving persons greater than the number of guests authorised to be accommodated at the Property, We reserve the right to cancel the Agreement immediately and evict all occupants of the Property. You will also be responsible for any fines issued by the Municipal Council and damages incurred.
- Any booking must remain subject to cancellation at short notice due to use of the Property by the owner of the Property, any intended sale of the Property or any determination that the Property is no longer available for use and occupation for any reason. If the booking has to be cancelled at short notice We will use Our best endeavours to make alternative arrangements at another Property suitable to You or We will refund to You all amounts due and payable by You that relate to any unoccupied period of the booking.
- If any booking is cancelled more than 35 days prior to your stay, 50% of the total tariff paid by You for Your booking term will be refunded subject to the Property being re-let for the period of the booking at not less than the same rate (otherwise any shortfall will be deducted). Any refund will be paid (less an administrative fee of 10% of the total fees) within 30 days of payment being received in full from a new booking for the Property.
- *The months of December & January are subject to the cancellation policy 13.
- If a booking is cancelled less than 90 days prior to the commencement of a booking, the full tariff will only be refunded subject to the Property being re-let for the proposed booking term at not less than the same rate. Any refund will be paid (less an administrative fee of 10% of the total fees payable) within 30 days of payment being received in full for a replacement booking.
- COVID 19 Cancellation Policy
Should the Government enforce a travel ban on Short Term accommodation which restricts you being able to completing your booking, you are able to cancel your booking up until 24 hours before commencement date and receive a full refund, minus our $200 booking fee or alter your dates at no administration charge.
Should you or your immediate family member/one of the original listed guests contract Covid 19 (we will require proof of this in the form of the messages from the Government & PCR Testing with your name attached). We will reschedule the booking for your family/guests at a mutually agreeable date and time, at the original agreed price, within 12 mths of your original booking. This change of date booking is subject to availability and seasonal pricing
- Payments can be made by:
15.1 Credit card (Visa and Mastercard) – a processing fee of 1.5% will apply; or
15.2 Electronic funds transfer – only available for payments made more than 30 days prior to stay. If you need to make payment less than 30 days prior to your stay this payment must be paid using credit card and is subject to processing fees
Jellis Craig Short Stays Mornington
Macquarie Bank Limited
BSB Number: 183 334
Account Number: 3044 65289
Reference – House Name/Surname
Arrival and Departure
- The booking term will commence at 3.00pm on the first day of the booking term unless otherwise agreed in writing. You will be sent an email outlining access details 24 hours prior to that time.
- The booking term will end at 10.00am on the final day of the booking term. You must vacate the Property by 10.00am sharp on the departure date (unless otherwise agreed in writing).
- Any early arrival or late departure must be confirmed in writing in advance of the booking term. Any unauthorised late departure shall incur an additional day's rental and any extra cleaning charge or loss of income.
- All keys, access code devices and remote control units must be returned to the key safe immediately on departure. Any late departure and/or non-return of keys, security passes and/or remote control units will be charged an extra fee of $150.00 (including GST) which will be deducted from the bond. Should locks or other security devices need to be changed as a result of lost keys, the full cost will be deducted from the bond.
- In the event that any damage or unsatisfactory cleaning or rubbish is evident at the Property on your arrival, please report that to Us immediately. We will endeavour to rectify any issues as soon as possible.
- The Property will be cleaned prior to commencement of the booking term and We ask that You leave the Property in the same condition.
- Please remove any food from the refrigerator and pantry and take all excess rubbish and recycling with You. Please empty any dishwasher and return all crockery, cutlery and cooking utensils to their original location within the kitchen. Some owners may leave various condiments for your use. They do not need to be replenished.
- The fees payable by You for the booking term include a regular clean on Your departure. Any extraordinary cleaning required will be charged at the rate of $70.00 per hour (including GST) which will be deducted from the bond.
- All rubbish must be placed in the rubbish receptacles provided and lids secured. Rubbish must not be left in public or common areas and will not be collected from the roadside if not properly disposed of. Any rubbish bins must be placed outside the Property the night before the local collection and upon Your departure. Details of rubbish collection dates will be advised in Your check-in email message.
- Please remove any excess garbage and recycling material from the Property on Your departure or advise Our office and We will arrange collection at Your cost at the rate of $85.00 per bag. Details of municipal waste disposal facilities can be made available on request.
- Any rubbish bin left overflowing and any excess garbage or recycling material left at the Property will incur a rubbish removal charge of $85.00 per bag which will be deducted from the bond.
- Doonas, doona covers and pillows will be supplied at the Property with fresh linen (Unless otherwise agreed as part of you booking).
- Any missing linen or towels or excessive laundering costs will be charged to You and deducted from the bond.
- We can take no responsibility for any personal belongings left at the Property. If any personal belongings are left behind at the end of the booking term, We will endeavour to notify You and hold the belongings for a period of up to 30 days. If You do not collect the personal belongings within that time, We may dispose of them. The handling of personal belongings may incur a charge of $25.00 plus postage to return them to You.
Pre and Post Inspections
- The Property will be inspected by Us and/or the owner of the Property prior to commencement of the booking term and We may prepare a pre-letting inspection report.
- The Property will be inspected by Us or the owner of the Property on termination of the booking term. A post-letting inspection report may be prepared.
- Any decision concerning damage want of repair and/or breach of any conditions of Agreement made by Us or the owner of the Property will be final and binding on You.
- Any house rules adopted for the Property shall be deemed to form part of the conditions of the Agreement and shall be binding on You. To the extent of any inconsistency the house rules will prevail over the conditions of the Agreement.
Conditions of Agreement
The Agreement is made between You and Us as agent for the owner of the Property.
Premises and Rent
The Property is let to You for the Rental which is payable on the earlier of signing the Agreement and three weeks prior to the Commencement Date.
You shall pay a Bond to Us on or before the signing of the Agreement.
Fixed Term Tenancy
The term of the Agreement shall be from the Commencement Date and ending on the Expiry Date and can only be extended on written agreement by Us if the Property remains available for short term letting on the Expiry Date.
- Damage to the Property
33.1 You must take care to avoid damaging the Property and any common areas.
33.2 If You become aware of damage to the Property You must give Us notice of any damage as soon as practicable.
- Cleanliness of the Premises
36.1 You must keep the Property in a clean condition during the period of the Agreement.
- Use of the Property
37.1 You shall be responsible for maintaining the condition and security of the Property and its contents and surroundings and the conduct and behaviour of all guests and persons at the Property during your stay at the Property.
37.2 You must not use or allow the Property to be used for any illegal purpose.
35.3 You must not use or allow the Property to be used in such a manner as to cause a nuisance or cause an interference with the reasonable peace, comfort or privacy of any occupier of neighbouring Property.
37.4 You must comply with all Local Laws applicable to the Property. An extract of the Municipal Council Code of Conduct is attached for your information.
37.5 You must not permit the number of persons at the Property at any time to exceed the agreed maximum number of persons for the Property as set out in the booking form unless otherwise agreed in writing.
37.6 If You allow the maximum of persons for the Property to be exceeded your letting of the Property may be cancelled immediately or additional fees charged or deducted from the bond or otherwise invoiced to You at any later date.
37.7 You will be responsible for all damage breakage and loss at the Property during your stay at the Property. Such costs may be deducted from the bond or otherwise invoiced to You at a later date.
37.8 All persons occupying the Property must comply with these terms and conditions and any specific house rules displayed at the Property including but not limited to respecting residential amenity, security of the Property, use of appliances and equipment and behaviour generally.
37.9 You must comply with all reasonable instructions or directions given by Us or any security service retained by the owner of the Property during Your stay at the Property.
- Transfer of Lease or Sub Letting
36.1 You must not transfer or sub-let the whole or any part of the Property without Our prior written consent. The consent may be withheld at Our absolute discretion.
- Our Rights
- We may issue an immediate notice to vacate at any time during the term of the Agreement and the Tenant must vacate the Premises at the expiration of the notice period given in the notice to vacate.
- This Agreement may only be amended in writing signed by You and Us.
- Where the Premises form part of a building, We have the right to make and/or alter rules and regulations for the Property and You will be bound by such rules and regulations.
- You acknowledge that the insurance policy of the owner of the Property does not provide cover for Your personal possessions.
- You must only use the Property for holiday purposes unless Our prior written consent has been obtained for any other use. Any other use may be subject to council or other approval and any costs associated with such approval will be Your responsibility. You must not permit any short term or long term letting or licencing the use and/or occupation of any part of the Premises without Our prior written consent. Any request for consent must be made in writing to Us. You must provide such information, particulars and documents required by Us. We shall not be responsible for any short term letting or licencing the use or occupation of any part of the Property.
- You acknowledge that no promise, representation, warranty or undertaking has been given by Us in relation to the suitability of the Property for Your purposes otherwise than as provided in the Agreement. Any photograph description and/or representation of the Property is given and made in good faith and may be subject to minor discrepancy from time to time. We shall not be responsible for any such discrepancy to the maximum extent permitted by law.
- You acknowledge that the persons named on the Agreement are those who will occupy the Property during the term of the Agreement and that any change of occupant(s) must be immediately notified to Us in writing.
- You acknowledge that We will require possession of the Property at the termination of the Agreement and You agree to return all keys and other security devices promptly on termination of the Agreement.
- You acknowledge that the Property may be located in an area where car/boat parking may be at a premium during holiday periods. On street car parking may only be available by way of the issue of a resident parking permit issued by the municipal council. We make no representation about the availability and/or terms and conditions on which any such parking permit may be made available to You (if at all). You should make Your own enquiries with the municipal council in regard to any such car/boat parking before signing the Agreement.
- You acknowledge that You are responsible for the replacement of any lost keys, auto remote controls and the provision of additional keys and any locksmith’s charges where keys are mislaid or lost. We do not guarantee that We hold a spare set of keys to the Property.
- You must indemnify Us for any loss or damage caused by Your failure to take care to avoid damage to the Property by You or anyone at the Property with Your consent.
- You must indemnify Us for the cost of any plumbing repairs due to blockages caused by negligence or misuse of the Property.
- You must indemnify Us against all liability in respect of injury or damage to You or to any third party or property arising from any conduct, act or omission by You or any guest visiting the Property.
- You must not do or allow anything to be done that will cause any shared service facilities to become obstructed, untidy, damaged or used for any purpose other than for which they are intended.
- You must not do or allow anything to be done which would invalidate any insurance policy on the Property or increase the premium.
- The Tenant shall not paint or affix any nail, screw, fastening or adhesive to the interior/exterior of the Property. We will require You to remove any such items affixed and make good any damage caused by such removal.
- You must deposit all rubbish including cartons and newspapers in a proper rubbish receptacle with a close fitting lid as required by the municipal council. Such rubbish receptacle must be kept only in the place provided and You must put it out for collection and returned to its allotted place in accord with local council by-laws.
- You must not hang any clothes/belongings outside the Property other than where provision for the hanging of clothes/belongings has been provided.
- You must not carry out any mechanical repairs of any type to motor vehicles, boats or motor cycles in or around the Property or any common property.
- You must check and relight any pilot light on any gas appliance as required, before reporting any fault to Us. If a tradesperson is sent to the Property to relight a pilot light, You will be liable for all costs unless the relighting is due to a fault with such appliance.
- You acknowledge that the Property is a “Smoke Free Zone” home and will ensure that neither You nor any guests smoke inside the Property.
- All Rent Payments must be made to Us in full before commencement of the Agreement. Any dishonour fees will be recovered from You. Any costs incurred by Us to recover any unpaid rent or other moneys payable under the Agreement must be paid by You.
- We will use Our best endeavours so that the Property is available on the Commencement Date. You acknowledge that if the Property is not available on the Commencement Date You will make no claim against Us.
- You must not keep any animal, bird, or other pet at the Property without first obtaining Our written permission. Permission may be withheld at Our absolute discretion. Eviction can be enforced and your bond kept should you bring an unauthorised pet to the property.
- We reserve the right to enter the Property with reasonable notice, in order to:
- Carry out any necessary maintenance or repair.
- Verify a reasonable belief that You have not met your duties under the Agreement.
- You consent to the electronic service of notices and other documents in accord with the requirements of the Electronic Transactions (Victoria) Act 2000 at Your email address. You must immediately give Us notice in writing if Your email address changes. You may not withdraw consent to the electronic service of notices and other documents. You also consent to any information in writing being retained by Us in electronic form.
- If any provision of the Agreement is void, voidable, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or those words may be severed but if that cannot be done, the entire provision is to be severed from the Agreement without affecting the validity or enforceability of the remaining provisions of the Agreement.
Municipal Council Code of Conduct:
You the Guest must control and be responsible for the behaviour of occupants at the dwelling. Unacceptable behaviours include: · aggressive behaviour · yelling · screaming and arguing · loud cheering, clapping and singing
You must park in the specified parking bays as specified by the Owners.
You will ensure that none of the following are allowed at the property by way of tents, caravans, campervans or similar facilities.
Outdoor areas including swimming pools, spas, outdoor decking and balconies are not to be used between 11pm and 7am.
You must adhere to the owners guide waste disposal arrangements and remove any excess waste or You will need to pay for the cost of the rubbish to be removed.
Privacy Collection Notice
As professional property managers We collect personal information about You. To ascertain what personal information We have about You, You can contact Us on:
Telephone 59120 530 or 0436 643 101 Email email@example.com
In Person 148 Ocean Beach Road Sorrento Website www.jelliscraig.com.au
As professional property managers, We collect Your personal information to assess the risk in providing You with the short term holiday letting You have requested, and if the risk is considered acceptable, to provide You with the letting of the Property.
To carry out this role, and during the term of Your stay, We may disclose Your personal information to:
- The owner of the Property, and/or any lawyers, and/or any mortgage lender, and any referees You have nominated
- Organisations / Tradespeople required to carry out maintenance to the Property
- Third party organisations required to provide Us services
- National Tenancy Database Pty Ltd
- Other Real Estate Agents, Landlords and Valuers
We also collect Your personal information to:
- Obtain feedback from You and to promote other goods and services provided by Us and Our affiliates
- Allow organisations / tradespeople to contact You in relation to maintenance matters relating to the Property.
- Refer to Tribunals, Courts and Statutory Authorities (where necessary).
- Refer to Collection Agent / Lawyers (where default / enforcement action is required).
- Provide confirmation details for organisations contacting Us on Your behalf.
We will not actively disclose Your personal information overseas unless it is required for Us to provide Our services. However, some programs, software, on-line tools, or social media sites used by Us may be based in and/or housed overseas. The use of such products may involve disclosure of Your personal information to such organisations overseas.
You authorise Us to use and disclose Your personal information to trades people and to other persons to whom We outsource functions of or incidental to acting for the owner of the Property.
If Your personal information is not provided to Us and You do not consent to the uses to which We put Your personal information, We cannot properly assess the risk to Our client, or carry out Our duties as professional property managers. Consequently, We then cannot provide You with the letting of the Property.