MAGNOLIA HOUSE

 

This Short-Term Rental Agreement (Agreement) is between Magnolia House Forresters Beach ABN 73 514 255 610 (Magnolia House) and the guest/s named in the booking (Guest) made via Magnolia House’sonline booking systems Airbnb Inc. VRBO (Stay) operated by Stayz Pty Limited ABN 41 102 711 599,asapplicable (or such other online booking system used by Magnolia House at the relevant time) (OnlineBooking System) for the short-term rental of the property located at 1a Alistair Avenue or 982 TheEntrance Road, Forresters Beach, 2260, New South Wales (Property) made via the Online BookingSystem (Booking).

 

IT IS AGREED AS FOLLOWS:

 

1. ACCEPTANCE

1. This Agreement includes Magnolia House’s legal notices accessible on or via its website at https://www.magnoliahouse.online/ (Website) and all guidelines, codes ofconduct, schedules, annexures, and attachments relating to this Agreement, providedwith, or separately forming part of this Agreement, including the Schedule of Costs.

   1. This Agreement is subject to all applicable public health and related 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 or any policies implemented by Magnolia House, at the applicable time.

2. Magnolia House abides by, and this Agreement is subject to, the NSW Code of Conduct for the Short-term Rental Accommodation Industry (the Code), which is accessible on the NSW Fair Trading website.

3. By making the Booking using the Online Booking System the Guest agrees to the platform’s terms and conditions.

4. By proceeding with the Booking the Guest will be deemed to have accepted this Agreement and therefore if the Guest does not accept these terms and conditions they must not proceed with payment for the Booking.

 

1. BOOKINGS

   1. Registration

2. By making a Booking, the Guest consents to provide their personal information and acknowledges that if they do not give consent Magnolia House may not be able to provide some or all of the services contemplated by this Agreement (Services).

3. The Guest agrees that all information they provide to Magnolia House either directly or via the Online Booking System will be true, accurate, current, and complete. The Guestagrees that they are responsible for all information they provide to Magnolia House and that any errors or discrepancies in the confirmation documents for the Booking provided by the OnlineBooking System must be brought to Magnolia House’s attention no later than the commencement date of the Booking. The Guest acknowledges that if Magnolia House believes that the information provided by the Guest is false, inaccurate, or misleading it may, at its sole discretion, suspend or terminate the Booking and/or the Guest’s access to the Property.

4. The provisions of clause 2.1(b) do not entitle a Guest to transfer the Booking into thename of another person or change the commencement date or duration of the Booking.

   1. The Guest Registration Form must be returned by the Guest immediately after thecompletion the Booking and must include details of all the guests that will occupy the Property(Registered Guests) Only the Guest and Registered Guests (together Guests) will

 

 

 

 

 

be permitted to occupy the Property during the duration of the Booking period.

1. Prior approval must be sought from and given by Magnolia House in writing where the number of Guests will exceed capacity or the number stated in the Booking and/or Guest Registration Form and the use of additional beds other than the number of such Guests shall attract a fee in accordance with the Schedule of Costs, and an additional Fee may be payable under clause 2.6(a).

2. A standard minimum stay period of two (2) nights as determined by Magnolia Houseshall apply during all year, except for holidays where the minimum stay period of four

(4) nights will be required.

 

1. Payment

   1. The Guest will pay Magnolia House 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, including the invoice and this Agreement.

   2. The Guest must pay the deposit amount and any applicable booking fee via the OnlineBooking System.

   3. The remaining balance of the accommodation Fees and any other amounts payable in advance must be paid in full no later than fourteen (14) days before the commencementdate of the Booking (or at the time of Booking if the Booking is made within fourteen

(14) days of its commencement date). For school holidays and public holidays payment must be made one month in advance.

1. Magnolia House accepts payment of all Fees by [direct deposit by EFT only.

   1. Rates quoted are in Australian dollars and are subject to change at any time. GST shall be applied where applicable.

2. Security Bond

3. All Bookings require a refundable security bond to be provided, either by direct deposit (Security Bond) no later than four (4) days before the commencement date of theBooking (or at the time of Booking if the Booking is made within four (4) days of its commencement date). The amount of the Security Bond will be determined in accordance with the Schedule of Costs.

4. The Security Bond will be retained until after a final inspection and assessment of Property is completed after check-out.

5. The Guest agrees that Magnolia House is permitted to claim against, charge or deduct (as applicable) from the Security Bond at any time without informing the Guest:

   1. any outstanding or additional Fees in accordance with the Schedule of Costs; and

      1. 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 Magnolia House at or in the Property, and any Equipment usedpursuant to clause 3.2(i).

Any balance remaining of the Security Bond will be refunded to the Guest three (3) days afterthe checkout date, after any final deduction or charge has been made, or may in the case of acredit card pre-authorisation, automatically lapse.

In the event costs are deducted from the security bond or any amount payable in excess, Magnolia House will provide a statement of details will be provided to the Guest within 48 hours of checkout date.

1. The Guest acknowledges and agrees that Magnolia House is not required to undertake the final inspection and assessment of the Property after check-out in the presence of the Guest.

 

1. Variation and Cancellation of Bookings

   1. If the Guest cancels a Booking for any reason:

   2. at least fourteen (14) days before the commencement date of the Booking or at least thirty-one (31) days prior to school holidays or public holidays, Magnolia House

 

 

 

 

shall refund the Guest the Deposit and all additional accommodation Fees already paid (if any) after deduction of Magnolia House administration Fee as provided in theSchedule of Costs;

1. less than fourteen (14) days before the commencement date of the Booking or less than thirty-one (31) days prior for school holidays or public holidays, subject to clause 2.4(b)no refunds shall be available and Magnolia House shall be entitled to retain the Deposit and all additional accommodation Fees paid.

 

1. If the Guest cancels a Booking less than fourteen (14) days before the commencement date of the Booking or less than thirty-one (31) days before the commencement day of the Booking during school holidays or public holidays, Magnolia House shall only refund the Deposit and any additional accommodation Fees paid after deduction of Magnolia House’s administration Fee as provided in the Schedule of Costs where an alternative guest subsequently books the Property for a stay which includes all the booking dates of the Booking and pays the identical or a higher accommodation rate.

   1. Magnolia House 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 Magnolia House to uphold the Booking. Where Magnolia House has varied or cancelled a Booking under this subclause, Magnolia House will use its best endeavours to offer acceptable alternative accommodation to the Guest that is, as far as practical and feasible, substantially similar to the Property for the same dates as the Booking, failing which the Deposit and all additional accommodation Fees paid (if any) after deduction of Magnolia House’s administration Fee as provided in the Schedule of Costs shall be refunded.

   2. Magnolia House reserves the right to vary or cancel the Booking in its absolute discretion where:

      1. the Booking is affected by COVID-19 Laws or any health alerts or guidelines in connection with COVID-19 or any comparable pandemic at the relevant time; or;

      2. if at any time at or after the time of check-in it reasonably appears to or is known by anymember of the Magnolia House staff that any Guests display or have flu-like symptoms,appear to be or are unwell or expresses that they are feeling unwell with any respiratoryor flu-like illness, or if it becomes known to Magnolia House that any Guests havebreached any COVID-19 Laws which directly or indirectly puts Magnolia House or any person at the Property or premises at which the Property is located at risk.

      3. where a Booking has been varied or cancelled by Magnolia House under this clause no refunds shall be available, and Magnolia House shall be entitled to retain the Deposit and all additional accommodation Fees paid plus charge the Guest for any additional Fees payable under this Agreement.

   3. The Guest acknowledges and agrees that if Magnolia House varies or cancels theBooking under clause 2.4 (c) any offers of compensation, refunds or claims in respect of anysuch variations or cancellations will be limited to those provided under this Agreement andno other claim, right, action or demand shall exist in or be made by either party as a result of or in connection with any such variation or cancellation and Magnolia House will not be responsible for any incidental expenses that Guests may have incurred as a result of or in connection with the Booking.

 

 

1. Check-Ins and Check-Outs

   1. Check-in shall only be available if the Guest has provided the Security Bond and paidthe accommodation Fee in full as required by this Agreement.

      1. Check-in is available from 4pm and 11pm on the commencement date of the Booking. The

 

 

 

 

Guest will be provided with check-in details [including the access code to enter the Property]by mobile or via Airbnb or VRBO up to 48 hours before the check-in time. Any updates to thecheck in details will be provided by mobile, Airbnb or VRBO.

1. The latest check-out time is strictly 10 am on the day of departure, after which a late check-out fee may apply in accordance with the Schedule of Costs.

2. Check-in and check-out times are strict unless otherwise prior agreed by Magnolia House. Any request by the Guest for changes to the check-in and/or check-out times must be made at any time unless otherwise agreed. Any agreement by Magnolia House to changethe check- in or check-out time is subject to availability and payment of an additional Fees in accordance with the Schedule of Costs.

3. 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 promptlynotify Magnolia House and allow Magnolia House 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.

   1. Magnolia House is not liable for alternative accommodation or any other costs that maybe incurred by the Guest where they fail to make full payment of the accommodation Fees inthe time required under clause 2.2(c) or fail to complete check-in during the relevant periodon the date of commencement of the Booking for any reason.

 

1. Maximum Capacity, Children and Visitors

   1. The Property accommodates the maximum of Guests indicated on the Website. Where Guests exceed the capacity, an additional Fee shall be payable in accordance with the Schedule of Costs and Magnolia House shall be entitled to immediately terminate the Booking and this Agreement.

   2. Children under the age of twelve (12) are permitted as Guests only when accompanied by their parent or legal guardian.

   3. The accommodation prices for children are included in the standard rate and refer to using existing bedding.

   4. The Guest acknowledges that there may be steps or balconies at the Property and common areas shared by the Property and that no baby gates or stair barriers will be available. Magnolia House requires children to be supervised at all times and in particular around adjacent roads and driveways, bunk beds, play equipment, gardens, lakes, lagoons, rivers or other waterways, beaches, barbeques, fireplaces, fireplace externalcasings, bays, steps, balconies and cleaning chemicals.

   5. Visitors of Guests on the Property must be family members, friends, other responsible adults at least twenty-one (21) years of age or otherwise accompanied by their parent or legal guardian.

      1. The Guest acknowledges and agrees that they are responsible for all acts and omissions of visitors to the Property during the duration of the Booking and must ensure that visitors comply with all applicable provisions of this Agreement including clause 3.1 and clause 5 as if they were Guests.

 

1. GUEST OBLIGATIONS

   1. Permitted Use

The Guest agrees:

1. to take the necessary personal safety and hygiene procedures, and follow any Health Safety Policies, whilst at the Property.

2. to be an occupant of the Property for the entire duration of the Booking;

3. not to sublet or allow unregistered persons to stay at the Property;

   1. 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) shall be deemed to be a breach by the Guest;

1. to comply with all applicable laws and regulations and not engage in conduct that contravenes criminal law, planning laws or any by-laws which apply to the Property and/orthe Booking and acknowledges Magnolia House will cooperate with any investigation ofalleged contraventions at the Property during the Booking period;

   1. not to use the Property for any purpose other than the approved purpose as set out in this Agreement;

2. to co-operate with Magnolia House and abide by this Agreement during their stay atthe Property;

3. not to bring or permit to be brought onto the Property or any premises at which the Property is located, any motorbikes, dirt bikes, quad bikes, firearms or air rifles, or fireworks;

4. to duly comply with all provisions in the House Manual and all other Manuals provided atthe Property including all obligations during the duration of the stay at the Property and all check-out procedures.

5. to switch off or put out wood or gas fires entirely when the Guests leave the Property,even where they are not present for short periods;

6. not to break into or attempt to break into the Property if locked out or unable to enter forany reason and to contact Magnolia House for instructions and assistance;

7. to maintain the security of the Property to prevent theft of or damage to the Property orFF&E and the Guests’ personal property, including locking doors and closing windows, and to advise Magnolia House immediately if they are unable to secure the Property;

   1. not to smoke or permit smoking at the Property, the common areas or within the groundsin which the Property is located;

8. use the Property for schoolies, parties, functions, and large group gatherings is strictly prohibited and that an additional Fee may be payable in accordance with the Schedule of Costs;

   • to strictly not to have pets on the Property. The Guest will be liable for additional Feesin accordance with the Schedule of Costs in the event that a pet/s is found on the premise;

9. not to light any candles within the premise

10. not to park over the fire hydrant;

11. to not use the fire pit during total fire bans and unsuitable weather;

12. to abide by the Noise and Good Neighbour Policy referred to in clause 5; and

13. not to nail, screw, staple or fix anything to any wall, door or other surface or part ofthe Property or common areas.

 

1. Guest Facilities

2. The Guest acknowledges that the Property has security cameras at the entrance forthe security and safety of both the Guests and the Premises.

3. The Guest acknowledges that Magnolia House may use a professional cleaning team that uses high-grade alcohol-based products to eliminate the risk of contamination and the spread of viral or bacterial residue at the Property.

   1. The Guest acknowledges that any common areas shared by the Property, some facilities in the common areas and at the Property may be restricted in order to comply withCOVID-19 Laws and Guests may be subject to certain mandatory requirements.

4. Magnolia House provides towels and bed linen at the Property for the use of Guests.

5. Where 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 or weak or unavailable without notice.

   1. Guests are responsible for ensuring that any third parties engaged to provide servicesat the Property are informed of this Agreement and hold appropriate public liabilityinsurance.

 

 

 

 

Magnolia House accepts no liability for any third-party services including any which have been recommended or referred by Magnolia House.

1. The Guest acknowledges that it shall treat the Property with as much care as if it wasthe 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.

2. All personal property left behind at the Property is the sole responsibility of the Guestwho may arrange for Magnolia House to post or deliver the item or collect the item from the Property. Where the Guest opts for Magnolia House to post or deliver the item, an administrative Fee may apply if provided under the Schedule of Costs in addition to postage costs.

3. The Guest acknowledges the Property may be visited by wildlife and agrees Magnolia House is not responsible for and has no control over the natural and surrounding habitat.

4. All fireplaces, firepits and barbeques must be operated by persons over the age of eighteen

(18) only. Any operation of the fireplaces is at the Guests’ own risk, and Magnolia House is not responsible for any damage, injury that may occur from usage of the fireplaces or BBQ.

1. The Guest acknowledges that the provisions of clauses 2.3(b), 3.4(a), 3.4(d) and 3.4 shall apply to the use of any sports or recreational (Equipment) whether rented or provided free of charge by Magnolia House.

 

1. Damages and repair

   1. 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 borrowed Equipment in excess of the Security Bond. Where the value ofthe damage or cost of repair or replacement caused by the Guest exceeds the SecurityBond amount, Magnolia House is entitled to recover this as a debt immediately due andpayable from the Guest including any administration Fees in accordance with the Scheduleof Costs and for this purpose shall be entitled to use the Guest’s credit card details torecover monies due and/or to invoice the Guest.

   2. Magnolia House 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 Magnolia House in the first instance.

   3. All faults, damages, breakages or losses to or at the Property, including to any FF&Eand borrowed Equipment, are to be reported within twenty-four (24) hours to Magnolia House. 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 Magnolia House’s attention immediately following check-in or commencement of the use of the equipment (as applicable).

   4. Repairs, maintenance or service reported and requested by the Guest that has been deemed necessary by Magnolia House, will be affected as soon as practicable. However, if repairs are required due to unforeseen circumstances it may not be possible to guarantee immediate repairs or repair during the Booking period.

   5. Magnolia House and/or any authorised third parties, may require access to the Propertyfor urgent repairs, services or maintenance or for any time during emergencies, with noticeto the Guest as far as reasonably possible.

 

1. Assumption of risk

   1. The Guest acknowledges and agrees that use of the Property, all facilities at the Property or its premises and any Equipment by all Guests and visitors is solely at the Guest’s ownrisk and that Magnolia House is 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 Magnolia House 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.

1. The Guest accepts full responsibility for the care of the Equipment until it is returned to Magnolia House 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 Magnolia House in relation to the cost’s loss, damage or destruction of the Equipment.

2. The Guest acknowledges and agrees if at any time any weather conditions or other circumstances occur that may make usage of the Equipment 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 may cause serious or grievous injuries which may include drowning, injury and/or death.

   1. 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 any kind 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 theProperty, which may include but is not limited to using the Property or any part of it in anymanner, and participating and/or engaging in any activities at the Property.

   2. The Guest hereby waives and releases, indemnifies, holds harmless and forever discharges Magnolia House 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 mayhave, arising from or in any way related to their stay at the Property and/or usage of the Equipment and the facilities at the Property and/or their stay at the Property by the Guests and their visitors, any activities that the Guests and their visitors may have partaken at oraway from the Property and its premises, provided that this waiver of liability does not applyto any acts of gross negligence, intentional or wilful misconduct by Magnolia House.

 

1. NOISE AND NEIGHBOURS

 

1. Noise

2. Excessive noise, music and other form of disturbance that is unreasonably disruptive to neighbours of the Property of 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).

   1. Where any representative of Magnolia House, 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 the neighbours during or after the Booking, the Guest will be charged an additional fee in accordance with the Schedule of Costs.

 

1. If a noise complaint is received, a first warning will be given. If a second complaint is received, Magnolia House shall have the right to immediately evict the Guests from theProperty and terminate the Booking and this Agreement without any refund.

2. 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 unreasonablydisrupt or interfere with the peace and comfort of neighbours of the Property and anyother occupants of the premises may also be an offence.

   1. Magnolia House is not liable for any disturbance, noise or inconvenience that theGuest may experience from neighbours of the Property or for any other reason including any nearby renovation, building or road works (as applicable).

 

 

 

 

1. Neighbours

   1. A ‘good neighbour’ policy shall be enforced at the Property by Magnolia House.

   2. Behaviour by Guests:

      1. that is violent or threatening;

      2. which could reasonably cause alarm or distress to neighbours;

1. which intentionally, recklessly or negligently causes damage to the premises at which the Property is located, any common property or facilities or personal property ofneighbours; or

   1. which involves any use or enjoyment of the Property in a manner that unreasonablyinterferes with the use or enjoyment of common property by neighbours or other occupants of the premises at which the Property is located, may incur a penalty underthe Fair Trading Act and/or eviction and shall give Magnolia House the right toimmediately terminate the Booking and this Agreement and the provisions of clause7(d) shall apply.

2. Any behaviour exhibited by Guests that is disrespectful of or disruptive to neighbours, traffic flow or the community, or which prompts complaints to Magnolia House 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 Magnolia House the right to immediately terminate the Booking and this Agreement under clause 7(d).

3. If any behaviour of Guests or visitors results in any dispute or complaint the Guest must notify Magnolia House as soon as possible, and the Guest acknowledges that failure to do so may result in a penalty under the Fair Trading Act.

 

1. REVIEWS AND SOCIAL MEDIA

1. Magnolia House encourages Guests to tag @magnoliahouse_forrestersbeach when posting during their stay at the Property, and unless expressly objected to, Magnolia House may tag the Guests in some of its posts on matters of interest or repost their images on its accounts.

2. Where, upon request, the Guests provide Magnolia House with images of themselves or others, taken during their stay at the Property, unless they expressly object, they agree to release and hold Magnolia House harmless from any liability in relation to the images which it may use for its marketing material or promotional purposes.

3. The Guest agrees that any testimonial Magnolia House 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 Magnolia House endeavours to ensure every guest is reasonably satisfied.

4. 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:

   1. alleged contraventions of the Code, criminal law or civil penalty provisions, or planning laws and by-laws by Magnolia House, it must be addressed through the proper process outlined in section 3 of the Code; and

   2. 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 Magnolia House the opportunity to rectify the situation before leaving negative reviews that may be published in the public domain, and which may be damaging to the reputation of Magnolia House.

5. The Guest agrees that before leaving a review, they will consider the potentialimplications under the Competition and Consumer Act 2010 (Cth) and the Defamation Act 2005 (NSW) 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.

 

 

 

 

 

 

 

 

 

 

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1. 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 they willraise any disputes or provide any feedback directly to Magnolia House and that any disputes andfeedback may be subject to the obligations of confidentiality under clause 6.

 

CONFIDENTIAL INFORMATION AND PRIVACY

Obligations with respect to Confidential Information A recipient of confidential information:

1. may use the confidential information only for the purposes of this Agreement or with the priorconsent of the discloser (which may be given or withheld at the discloser’s absolute discretion);

2. must keep confidential all confidential information except:

   1. for disclosure permitted under this clause 6; and

3. to the extent (if any) the recipient is required by law to disclose such confidential information; and

   1. must cease to use and destroy or return all confidential information immediately upon request.

 

1. Privacy

Magnolia House agrees to comply with the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time whichregulate the collection, storage, use, and disclosure of information that can identify individuals, ormake them reasonably identifiable (Personal Information), in relation to all Guests’ PersonalInformation collected by Magnolia House, to the extent that it is legally obligated to comply withthese laws. The Guest should also refer to Magnolia House’s Privacy Policy on the Website.

 

1. Confidential Information

In this clause 6, confidential information includes:

1. this Agreement;

   1. all information relating to or concerning any issues, problems, disputes, and feedback as contemplated by clauses 5(d) and 5(f);

2. all Personal Information held by Magnolia House relating to Guests; and

   1. all information relating to Magnolia House including its affairs and business, the Property and the Services,

but excludes information:

1. which is in the public domain at the date of this Agreement or becomes part of thepublic domain after the date of this Agreement without any breach of this Agreement or other obligation of confidence;

   1. which the recipient can prove was already known to them at the time of disclosure bythe disclosing party (other than if such knowledge arose from the disclosure of confidential information in breach of the obligation of confidentiality); or

2. which the recipient acquired from a third party entitled to disclose it.

 

1. REFUNDS, BREACH AND RIGHTS OF TERMINATION

1. Magnolia House 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.

   1. The Guest acknowledges that any breach of this Agreement by the Guest may result inthe Guest becoming liable for payment of additional Fees as outlined in the Schedule ofCosts and other associated consequences as specified in this Agreement includingtermination of a Booking and this Agreement with no refund payable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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1. Magnolia House does not permit the Property to be used for schoolies, parties, functions andlarge group gatherings, or for bookings for the Property to be made by anyone under the age oftwenty-one (21). If the Guest is in breach of these restrictions Magnolia House shall have the right to cancel or terminate the Booking in which case, no refund shall be payable and Magnolia House 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.

2. Without prejudice to any other rights or remedies Magnolia House may have under this Agreement or at law, Magnolia House 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 andto 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:

   1. a provision of this Agreement specifically grants a right of termination;

3. 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

4. the Guest commits a material breach and does not rectify the breach within any reasonable time given by Magnolia House for the Guest to rectify the breach.

5. Magnolia House reserves the right to terminate this Agreement or refuse to provide the Services or access to the Property to any Guests or persons on the exclusion register as outlinedin the Code. Guests who are on the exclusion register and enter into this Agreement or stay at the Property may incur a penalty.

6. Magnolia House will not be liable for any losses, costs and/or expenses incurred or sustainedby the Guest as a result of the termination of this Agreement and the Booking.

7. The termination or conclusion of this Agreement and the Booking does not affect or effect anyrelease 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.

   1. The Guest acknowledges and agrees where the Booking is terminated pursuant to a breach of this Agreement, the provisions of clause Error! Reference source not found.(f) apply.

 

LIMITATION OF LIABILITY

Total Liability

To the fullest extent permitted by law (including the Australian Consumer Law), the total liability of Magnolia House under or in connection with this Agreement in respect of all claims (if any) is limited to the lesser of all amounts paid to Magnolia House, and all amounts paid or payable for the Booking, and inany event shall not exceed the available proceeds of the professional indemnity and/or public liability insurance coverage of Magnolia House at the relevant time.

 

 

1. Consequential Loss

In no case shall Magnolia House, 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, orotherwise made available via Magnolia House.

 

1. Australian Consumer Law

Nothing in this Agreement is intended to limit any Australian Consumer Law guarantees orwarranties that may apply to the Services that cannot be excluded.

 

 

 

 

 

 

 

1. DISPUTE RESOLUTION

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.

 

1. GENERAL

2. Severability

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.

 

1. Entire Agreement and Variation

The parties agree that this Agreement is the entire agreement between Magnolia House and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between Magnolia House and the Guest in that regard. Any changes to this Agreement must be agreed in writing between Magnolia House and the Guest prior to the changes coming into effect.

 

1. 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 the State of New South Wales and the parties irrevocably agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from those courts.

 

1. Joint and several

Where the Guest is two or more persons:

1. any agreement, representation, warranty or indemnity given by them binds eachperson jointly and severally; and

2. any agreement, representation, warranty or indemnity in favour of them may be enforced by any of them.

 

1. Singular or plural

In this Agreement, words in the singular include the plural and vice versa, unless the contrary intention appears.

1. Survival

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.

 

1. Interpretation

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 theAgreement as referred to in clause 1(a), the Guest shall raise the ambiguity, inconsistency or uncertainty with Magnolia House to resolve and provide direction.

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE OF COSTS

 

 

ITEM

TERMS

AMOUNT

Administration fee

For variation or cancellation of Bookings

$250

Call-out fee for Medical Emergency

Where Guests are transported to hospital, require

medical assistance or relocation, the Guest will be responsible for paying these costs

Invoice Cost

 

 

Call-out fee for Caretaker/ Magnolia House

Where the caretaker, Magnolia House or any member of the Magnolia House team is called tothe Property and the issue is deemed to be causedby the Guest, equipment owned by the Guest, orbecause the Guest

has not followed instructions

$100

Call-out fee for tradesperson to fix anissue caused by the Guest

Where a tradesperson is called to the Propertyand the issue is deemed to be caused by a Guest, equipment owned by a Guest or becausea Guest has not followed

instructions

Invoice Cost

Call-Out fee where Guestis

not present

Where the Guest requests a service call and is not

present to provide access

Invoice Cost

Change to Check-in or

Check-out Times

Where consent is given for early check-in or late

check-out (subject to availability)

N/A

Cleaning of BBQ/ Oven

Where the BBQ or oven is left in dirty condition

$160

Cleaning of Property

Where the Property has been left in an dirty ormessy

condition

Invoice Cost

Credible noise complaint

by neighbours

Failure to abide with Magnolia House’s Noisepolicy

$800

Damage to the driveway

Where the Guest has caused damaged to theProperty’s

driveway (grease, burnouts)

$300 + invoice cost

Driving or Parking on the

Grassed Area

Where there is evidence of the Guest parking or

driving on the grassed area

Cost to repair

 

 

Evidence of Pets

Where the carpets, furnishings or linen within the Property has been soiled or damaged to the extentthat they require extensive cleaning because of pets

having been at the Property

$ 800 + Invoice Cost of cleaning/ Cost of repairor replacement

 

Evidence of Smoking

Where there is evidence of smoking within or at the Property or any common areas, including traces of

residual smoke or cigarette butts

$1000 + Invoice cost for any additional cleaning

Failure to Abide by the

Code

Failure to abide by the Code of Conduct may incur a

penalty under the Fair-Trading Act

As applicable

Failure to CompleteCheck-

out Procedure

Where the Guest fails to complete the check-out

procedure as required

$400

 

Late Check-Out

A late check out past 10:00am without prior request or late check out past 15:00pm, as approved and

applicable, will result in the Guest being charged

$100 per hour

Linen, carpetsand furnishings

Where the carpets, furnishings or linen within the Property have been soiled or damaged to the extent

that they require extensive cleaning orreplacement

Cost of invoice for cleaning/cost of repair or replacement

 

 

 

 

 

Parking

Where Guests or their visitors park in an area orspace that is not permitted and Magnolia Housereceives a

valid complaint

$400 per offence

 

Plumbing /electricity

Where it is determined that the Guest has caused a plumbing or electricity issue that requires a

tradesperson

Invoice Cost

Police/ Security called to Property

Failure to abide by the good neighbour and noise

policy or in other instances where police or security attends the Property

$400 per offence + any

associated costs andfines incurred

 

Postage

Where the Guest leaves personal property at the Property and requires postage or courier services.

Administration Fee +

postage or courier invoice costs

Repair/ replacement of

Equipment

Where there is loss or damage to the Equipment

Invoice Cost +

administrative fee

Repair/ replacement if there is damage tothe Property

Where there is loss or damage to electrical items, floors and floor coverings, furniture and fittings, kitchen utensils, crockery, glassware, cutlery, any

other items on the Property, and the Property

Invoice Costto repair/replace

Security Bond

ETF Direct Deposit

$1000

Use of Property for schoolies, parties, functions and large group

gatherings

Where unauthorised parties, functions or large group gatherings are held at the Property or if theProperty is used for schoolies

$4000