RENTAL AGREEMENT & HOUSE RULES

PREAMBLE.

• All Bookings are subject to this Agreement: This includes but not limited to luxaway.au , Airbnb.com , Booking.com , Stayz.com.au etc.
• The person making the booking (“Guest”) will be deemed to have accepted these Terms and Conditions on behalf of all persons who will be staying at the property under the booking once any payment is made in relation to the booking.
• The Guest remains the sole contact and is responsible for the property booked and all communications with L U X A W A Y.
• The booking Guest must be at least 28 years of age.
• L U X A W A Y reserves the right to refuse any booking.
• Acceptance of this Agreement and completion of a Guest verification is required at least 24 hours prior to Check-in. This includes a photo ID verification which will be used to verify your identity.

THE PARTIES.

This Short-Term Rental Agreement (“Agreement”) is between the “Guest”, The person who’s name the booking was made and the “Host”, L U X A W A Y (ABN 50 593 153 092)

THE PROPERTY. The Host agrees to lease the described Property to the Guest, and the Guest agrees to rent from the Host.

L U X A W A Y is the agent of the owner of the Accommodation and is permitted to let the Accommodation to the Guest.

LEASE TERM. The Guest shall be allowed to occupy the Property starting from Check-in and ending at Check-out (“Lease Term”).

No bookings shall exceed 30 consecutive days.

CANCELLATION.

As per booking channel cancellation policy.

QUIET HOURS. Quiet hours begin at 11:00 PM each night and continue until sunrise. Quiet hours consist of no loud music and keeping all audio at a minimum level out of respect for the surrounding residents.

SECURITY / CCTV. CCTV maybe in use (outside the building only) and may be used as deemed necessary.

OCCUPANTS. The total number of individuals staying on the Property during the Lease Term shall exceed the total number of Guests specified in the booking. The Guest must also stay at the Property for the duration of the lease term.

If more than the authorised number of guests listed above are found on the Property without prior approval from Host, this Agreement will be subject to termination by the Host.

BOOKING FEES. The Guest shall pay the Host or Booking Chanel the amount as detailed during the booking process.

SECURITY DEPOSIT. The Guest shall be obligated to pay the Security Deposit amount as detailed in the booking process.

The Security Deposit is for the faithful performance of the Guest under the terms and conditions of this Agreement. The Guest must pay the Security Deposit at the execution of this Agreement.

The Security Deposit shall be returned to the Guest after the end of the Lease Term less any itemised deductions.

This Security Deposit shall not be credited towards any Rent unless the Host gives their written consent.

INTERNET/MOBILE COVERAGE. The Host is not responsible or liable for any loss of or interruption to internet/mobile connectivity. Wi-Fi speed and Mobile signal is not guaranteed and if becomes unavailable for any reason, compensation is not payable.

AMENITIES. The Host provides Premium Hunter Lab amenities. These 500ml bottles are for use during your stay and must remain at the Property after check-out. Any missing bottles incur a $60 fee per bottle.

PETS. There are no pets allowed on the Property.

If the Guest is found to have pets on the Property, this Agreement and any Security Deposit shall be forfeited.

A minimum $200 additional cleaning fee also applies.

Guest may also be liable for the loss of owner’s income from any future bookings affected by their actions.

SMOKING POLICY. All Properties are non-smoking.

Failure to comply will result in a minimum $200 fee.

Guests may also be liable for the loss of owner’s income from any future bookings affected by their actions.

UTILITIES. Most properties are privately owned, L U X A W A Y cannot be responsible for the failure of utilities, services, equipment, or appliances however every attempt will be made (within reason) to rectify the issue.

SUBLETTING. The Guest does not have the right to sublet the Property.

INSPECTION. The Host has the right to inspect the Property at any time with prior notice. Should the Guest violate any of the terms of this Agreement, the rental period shall be terminated immediately.

The Guest waives all rights to process if they fail to vacate the Property upon termination of the rental period. The Guest shall vacate the Property at the expiration time and date of this agreement.

MAINTENANCE AND REPAIRS. The Guest shall maintain the Property in a good, clean, and ready-to-rent condition and use the Property only in a careful and lawful manner.

The Guest shall leave the Property in a ready to rent condition at the expiration of this Agreement, defined by the Host as being immediately habitable by the next Guest.

The Guest shall pay for maintenance and repairs should the Property be left in a lesser condition. The Guest agrees that the Host shall deduct costs of said services from any Security Deposit prior to a refund if Guest causes damage to the Property or its furnishings.

RUBBISH. The Guests shall dispose of all waste material generated during the Lease Term under the strict instruction and direction of the Host.

Excess Rubbish Removal fees may apply if the amount of rubbish left at the property is deemed over and above what should be reasonably expected for the length of stay and number of guests.

QUIET ENJOYMENT. The Guest, along with neighbours, shall enjoy each other’s company in a quiet and respectful manner to each other’s enjoyment. The Guest is expected to behave in a civilised manner and shall be good neighbours with any residents of the immediate area. Creating a disturbance of the area by large gatherings or parties shall be grounds for immediate termination of this Agreement.

HOST’S LIABILITY. The Guest and any of their guests hereby indemnify and hold harmless the Host against any and all claims of personal injury or property damage or loss arising from the use of the Property regardless of the nature of the accident, injury or loss. The Guest expressly recognises that any insurance for property damage or loss which the Host may maintain on the property does not cover the personal property of Guest and that Guest should purchase their own insurance for their guests if such coverage is desired.

LEGAL FEES. The Guest agrees to pay all reasonable costs, fees, and expenses that shall be made or incurred by the Host enforcing this agreement.

USE OF PROPERTY. Properties are offered on the basis of private, residential usage only. Commercial activity, Events, functions, parties, and gatherings are not permitted under any circumstances. Should this occur, you will be requested to vacate the property immediately and your booking will be cancelled without refund.

ILLEGAL ACTIVITY. The Guest shall use the Property for legal purposes only.

Any other such use that includes but is not limited to illicit drug use, verbal or physical abuse of any person or illegal sexual behaviour shall cause immediate termination of this Agreement with no refund of pre-paid Rent.

Illegal activity will be reported to Police.

POSSESSIONS. Any personal items or possessions that are left on the Property are not the responsibility of the Host.

Due to the health and safety risks associated with COVID-19, any belongings left in the property on departure will be disposed of.

Neither L U X A W A Y nor the Property Owner will store guest belongings and are not responsible for any items left behind at the property

GOVERNING LAW. This Agreement shall be governed and subject to the laws of Australia and its States and Territories.

HOUSE RULES.

1. No refunds will be given on pre purchased ‘Packages’ and ‘Extras’ if cancelled or changed within 7 days of Check-in.
2. Properties are individually owned so your deposit/payments cannot be transferred from one property to another.
3. Cancellation/Refunds as per your booking provider.
4. No stiletto shoes allowed. Floors will be checked for damage.
5. Requests for assistance or maintenance may result in a minimum $110 call out fee where the Guest is at fault and/or the call out is not deemed to be of an emergency nature. This fee will be payable prior to departure.
6. Guests are expected to leave the Property in a neat and tidy manner on departure. This includes washing and putting away dishes, returning all items to their original position, all food items removed from fridges, barbeques cleaned, ovens and microwaves wiped out and rubbish placed in appropriate bins. Additional cleaning fees (minimum $110) may apply if the property is not left in a presentable condition.
7. Guests are required to turn off lights, appliances and lock doors and windows upon departure.
8. A minimum key replacement fee of $110 will apply if property keys are not returned on departure. Additional locksmith fees may also apply if locks require replacement due to the loss of keys.
9. Should you have a need to raise a complaint please contact our office at the first available opportunity. We will then attempt to rectify or resolve the matter so that you can continue to enjoy your stay. Housekeepers take a high level of care with the property however should you feel that something may have been overlooked please bring this to our attention so that we can assist. It is our aim to ensure that guests enjoy their stay. Any complaint during checkout or after your departure will be noted and acted on where appropriate, however, we will not consider compensation if we were not given the opportunity to fix or rectify matters at the time the issue occurred.
10. Whilst you are in residence, you are fully responsible for all breakages and damage caused to the property, its furniture, and fittings. Any breakages, damage or loss must be reported immediately. L U X A W A Y reserves the right to request payment in full and/or charge repair/replacement costs in the event of property damage or theft either accidentally, maliciously or through negligence on the guest’s behalf.
11. L U X A W A Y is not responsible for the security of your belongings and encourages you to ensure your accommodation is secure when not occupied.
12. L U X A W A Y reserves the right to debit the credit card provided or request payment in full of any outstanding charges that apply to your booking. This includes, but is not limited to, extra cleaning, rubbish removal, smoking penalties, lost keys, callouts, repairs, or damage to property etc.

All fees listed in this document are subject to change without notice.

Additional Terms and Conditions (luxaway.au bookings direct only)

CANCELLATION.

L U X A W A Y direct bookings 100% refund up to 30 days before arrival. 50% refund up to 14 days before arrival.

In the event of a Code Red – Fire Danger Day being declared and where Guests are required to leave their accommodation or have been advised not to attend will be issued with a credit voucher for a future stay equal in value to the balance of their stay.

PERSON OF CONTACT.

Host’s Name: L U X A W A Y
Telephone: 1300 36 77 22
E-Mail: stay@luxaway.au