BOOKING AGREEMENT
Background
A. The Accommodation Provider provides short term accommodation at the Property.
B. The Guest wishes to stay at the Property.
C. The Accommodation Provider agrees that the Guest may have a temporary short term licence to occupy the relevant Room at the Property on the terms set out in this Agreement.
D. By completing a Booking, staying at the Property or entering this Agreement, the Guest acknowledges having read and understood this Agreement and agrees to be bound by the terms set out herein.
1. Reference Schedule, definitions and interpretation
1.1 Reference Schedule
Where a term used in this Agreement appears in bold type in the Reference Schedule, that term has the meaning shown opposite it in the Reference Schedule.
Agreement means this agreement.
Booking means the booking made for a Room at the Property pursuant to this Agreement between the Accommodation Provider and Guest.
Booking Date means the date the Guest and Accommodation Provider signed this Agreement, or the Guest completed their Booking online, whichever occurs first.
Business Day means any day excluding Saturdays and Sundays and any Queensland Public Holidays.
Claims means any actual, contingent, present or future claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse for any Loss, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether in contract, tort (including but not limited to negligence), under statute or otherwise.
GST has the same meaning given to that expression in the GST Act.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth), as in force from time to time.
House Rules means the house rules set out at Schedule 2.
Losses means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability, whether arising in contract, negligence, tort, equity, statute or otherwise; and that a party pays, suffers or incurs or is liable for, including all:
(i) liabilities on account of tax;
(ii) interest and other amounts payable to third parties;
(iii) legal and other professional fees and expenses on a full indemnity basis and other costs incurred in connection with investigating, defending or settling any Claim; and
(iv) all amounts paid in settlement of any Claim.
Privacy Policy means the privacy policy accompanying of the Accommodation Provider which explains how the Accommodation Provider collects, uses, discloses, and protects the Guest’s personal information when the Guest books with the Accommodation Provider and stays at the Property.
Property means the whole of the Property located at 3-5 Cunningham Street, Dunwich QLD 4183.
Reception means the office located at the Property.
Related Party means any related party to the Guest or Approved Occupants (including Visitor) (i.e. students, bus driver, parents and guardians of any student, etc.) who enters or comes near the Property or Room at any time during the Term.
Student Card means a current and valid student card of an educational institution within Australia.
Term means the term of this Agreement and the Length of Stay, as varied or extended in accordance with this Agreement.
1.2 Interpretation
(a) Unless the contrary intention appears, a reference in this Agreement to:
(i) this Agreement or another document includes any variation or replacement of it despite any change in the identity of the parties;
(ii) “we”, “us” or “our” is a reference to the Accommodation Provider;
(iii) “you” and “yours” is a reference to the Guest;
(iv) one gender includes the others;
(v) the singular includes the plural and the plural includes the singular;
(vi) a person, partnership, corporation, trust, association, joint venture, unincorporated body, government body or other entity includes any other of them;
(vii) an item, recital, clause, subclause, paragraph, schedule or attachment is to an item, recital, clause, subclause, paragraph of, or schedule or attachment to, this agreement and a reference to this agreement includes any schedule or attachment;
(viii) a reference to anything is a reference to the whole and each part of it;
(ix) a party includes the party’s executors, administrators, successors, substitutes (including a person who becomes a party by novation) and permitted assigns;
(x) any statute, ordinance, code or other law includes regulations and other instruments under any of them and consolidations, amendments, re-enactments or replacements of any of them;
(xi) money is to Australian dollars, unless otherwise stated;
(xii) words importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies;
(xiii) a time is a reference to Brisbane time unless otherwise specified;
(xiv) no rule of construction applies in the interpretation of this Agreement to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it; and
(xv) a reference to ‘writing’ includes any method of representing or reproducing words, figures or symbols in permanent and visible form, but does not include electronic form unless expressly stated to include electronic form.
(b) The words include, including, such as, for example and similar expressions are not to be construed as words of limitation.
(c) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(d) Headings and any table of contents or index are for convenience only and do not affect the interpretation of this Agreement.
(e) A provision of this Agreement must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for the preparation of this Agreement or the inclusion of the provision in this Agreement.
(f) Terms set out in the Reference Schedule have the meaning given opposite them.
(g) Terms set out in Schedule 1 have the meaning given opposite them.
(h) Except where the context permits, terms that have been defined Agreement have the same meaning in the House Rules.
(i) Except where the context permits, terms that have been defined in this Agreement have the same meaning in the Privacy Policy.
1.3 Business Days
(a) If anything under this Agreement must be done on a day that is not a Business Day, it must be done instead on the next Business Day, unless otherwise agreed by the Accommodation Provider.
(b) If an act is required to be done on a particular day, it must be done before 5.00pm on that day or it will be considered to have been done on the following day.
1.4 Parties
(a) If a party consists of more than one person, this Agreement binds each of them separately and any two or more of them jointly.
(b) An agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them separately.
(c) An agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and each of them separately.
2. Booking of Short term Accommodation and Use of Property
(a) In consideration of the payment of the Accommodation Fee to the Accommodation Provider, the Accommodation Provider agrees for the Guest and Approved Occupants to stay in the Room at the Property on a short term basis and for the Length of Stay during the Term.
(b) The occupation of the Room is by way of short term temporary licence for the Length of Stay and nothing in this Agreement creates the relationship of landlord and tenant.
(c) The accommodation is offered for short-term residential use only and is intended primarily for students or persons undertaking short-term educational activities.
(d) The Guest and Approved Occupants must only use the Room and Property for the Permitted Use.
(e) The Room and Property is not to be used as a permanent place of residence, or for commercial, retail, or business purposes.
(f) Subletting, commercial use, events, or parties are strictly prohibited without prior written approval, which may be withheld at the absolute discretion of the Accommodation Provider.
(g) If the Guest and/or Approved Occupants remain at the Room following the Length of Stay, with the consent of the Accommodation Provider, the terms of this Agreement shall continue to apply and additional Accommodation Fees shall apply as notified by the Accommodation Provider or otherwise at the same rate set out in this Agreement.
3. House Rules and Breach of House Rules
(a) The Guest agree to the House Rules and must follow and comply with the House Rules at all times and ensure that all Approved Occupants and any Related Party follow and comply with the House Rules.
(b) A breach of the House Rules may result in immediate termination of the Agreement by the Accommodation Provider without notice to the Guest and Approved Occupants. If this occurs, any remainder of the Accommodation Fee paid by the Guest or Approved Occupants is forfeited and shall be retained by the Accommodation Provider.
4. Accommodation Fees and Payment
(a) The Guest agrees to pay a deposit of 20% of the Accommodation Fee upon completing the Booking online (Initial Payment).
(b) The Guest agrees to pay the remainder of the 80% of the Accommodation Fee seven (7) days prior to the Check-In Date (Balance Payment).
(c) Where the Guest fails to pay the Balance Payment, the Initial Payment is forfeited.
(d) Where booking is made within six (6) days of the Check-In Date the payment must be made in full at the time of booking.
5. Security Bond and Damage
(a) No security bond is required however, the Guest acknowledges that the Guest must provide a credit card for the purposes of security. A temporary hold charge may be made on the credit card.
(b) The credit card will be charged should a liability arise and authorisation for such charge is given with execution of this Agreement.
(c) The Guest agrees they must pay all costs of damage to the Room or Property caused by the Guest or their Approved Occupants or any Related Party.
(d) The Guest agrees they must pay any additional cleaning costs of the Room or Property and any other damages or expenses incurred by the Accommodation Provider as a result of the Guest and Approved Occupant’s stay at the Room and Property.
(e) Any amounts due to the Accommodation Provider in accordance with this clause 5, clause 10 or any other terms of this Agreement, shall be payable upon written demand, or charged to the credit card provided by the Guest and authorisation is given for any such charge with execution of this Agreement.
6. Booking and Confirmation
(a) Bookings can be made by the website of the Accommodation Provider, partner platforms (if any), or directly via email or phone. Bookings are subject to availability and the Accommodation Provider makes no guarantees of continuation of stays or availability at any time.
(b) A Booking is confirmed only upon full payment by the Guest to the Accommodation Provider or as otherwise agreed in writing however may be cancelled by the Accommodation Provider on reasonable notice at the Accommodation Provider’s absolute discretion.
(c) The Guest and Approved Occupants must provide 100 points of current identification in the form requested by the Accommodation Provider and may be required to provide evidence of student status in the form of a current Student Card at the time of Booking and/or check-in.
(d) The Accommodation Provider may cancel or refuse a Booking at the Accommodation Provider’s absolute discretion, including where the Guest and Approved Occupants fail to meet eligibility criteria of the Accommodation Provider.
7. Reception
(a) Reception at the Property will be open on Business Days between the hours of 8.30am and 4.00pm, subject to change by written notice by the Accommodation Provider at any time.
(b) Outside of the above times, contact details will be provided to the Guest at check-in for after hours contact details.
8. Cancellation Policy and Refunds
(a) If the Guest cancels the Booking the Guest must pay cancellation fees as follows:
(i) Where the cancellation is 14 or more days prior to the Check-In-Date: Administration fees of the Accommodation Provider capped at 20% of the Accommodation Fee.
(ii) Where the cancellation is 7 to 13 days prior to the Check-In-Date: 50% of the Accommodation Fee.
(iii) Where the cancellation is less than 7 days prior to the Check-In-Date: 100% of the Accommodation Fee.
(b) The Guest acknowledges and agrees that no refunds will be provided for early departure or for no-shows and the full Accommodation Fee, or balance outstanding, will be forfeited.
(c) The Accommodation Provider reserves the right to cancel the Guest’s booking due to unforeseen circumstances (e.g. property damage, inclement weather, natural disaster). Where this occurs, at the option and absolute discretion of the Accommodation Provider either:
(i) a full refund will be issued; or
(ii) the Accommodation Provider will make reasonable efforts to reschedule or re-book the Guest’s stay for another date.
9. Ferry Service Cancellation
(a) The Guest acknowledges that the Property is located on North Stradbroke Island and is accessible only by ferry from Cleveland.
(b) In the event the ferry service is suspended, cancelled or delayed, the Accommodation Provider reserves the right to cancel or re-schedule the Booking, in which case a credit will be provided to the Guest and Approved Occupants for a re-scheduled date.
(c) For clarity, no refund of the Accommodation Fee is due to the Guest where the ferry service is cancelled, unless clause 8 applies.
10. Check-In and Check-Out
(a) The Guest and Approved Occupants must check in at Reception at the Check-In-Time on the Check-In-Date.
(b) Any additional welcome information will be given to the Guest at check-In.
(c) The Guest and Approved Occupants must check out at Reception at the Check-Out-Time on the Check-Out-Date.
(d) By the Check-Out-Time on the Check-Out-Date:
(i) all belongings, valuables or personal items of the Guest and Approved Occupants must be removed from the Room(s);
(ii) the Room(s) must be clean and tidy and in the condition required by clause 14(a) of this Agreement;
(e) Where the linen, towels, bedding or other items of the Accommodation Provider are not returned by the Guest or Approved Occupants, the Guest must pay replacement costs where required to the Accommodation Provider upon demand.
(f) Early check-in or late check-out may be available upon request and may incur additional charges. The Guest agrees to pay any additional charges for early check-in and late check-out by the Guest or Approved Occupants.
(g) The Guest acknowledges and agrees that failure to check out on time may result in additional charges and/or removal of the Guest and Approved Occupant’s belongings, valuables or personal items upon no notice.
(h) The Accommodation Provider is not liable or responsible for any of the belongings, valuables or personal items of the Guest and Approved Occupants whatsoever following removal and they may be disposed of by the Accommodation Provider. If this occurs, the Guest and Approved Occupants have no Claim against the Accommodation Provider.
11. Belongings, Personal Items and Valuables
(a) The Accommodation Provider is not liable or responsible for any of the belongings, valuables or personal items of the Guest and Approved Occupants whatsoever while the Guest and Approved Occupants stay at the Property.
(b) The Guest and Approved Occupants store their belongings, valuables or personal items in the Room and/or the Property at their own risk.
(c) The Guest and Approved Occupants shall not make a Claim against the Accommodation Provider for any lost or damaged belongings, valuables or personal items.
12. Equipment Hire
(a) The Guest acknowledges that there is no equipment (i.e., bikes, kayaks, sporting equipment) available for use or hire at the Property.
(b) The Guest and Approved Occupants must not bring equipment onto the Property or into any Room without the prior written consent of the Accommodation Provider which may be withheld at the Accommodation Prover’s absolute discretion.
13. Amenities
(a) The Guest acknowledges that there are limited amenities at the Property.
(b) The Guest acknowledges the Room does not contain a small kitchenette or laundry and the Guest agrees that they must not make a Claim in relation to same.
(c) The Guest acknowledges that shared kitchenettes and laundries are located near the bathroom blocks on each level of the Property.
14. Condition of Room, Maintenance and Repairs
(a) The Guest, Approved Occupants and any invitees including any Related Party must keep the Room and Property in a clean and tidy condition free from rubbish, mess and excessive sand.
(b) The Guest must promptly notify the Accommodation Provider of any maintenance issue, damage, or safety concern at the Room or Property.
(c) The Guest will be liable for any damage caused by the act or omission of the Guest or Approved Occupants, or any other invitees of the Guest, including without limitation accidental damage or damage caused by any Related Party.
(d) The Accommodation Provider may charge the Guest for repairs, replacements, or additional cleaning required beyond normal wear and tear at the absolute discretion of the Accommodation Provider.
15. Health and Safety
(a) In the event of a fire or other emergency, the Guest must follow evacuation instructions and safety signage of the Accommodation Provider.
(b) Guest or Approved Occupants, or any other invitees of the Guest must not tamper with fire alarms and safety equipment at the Property.
(c) The Guest must notify the Accommodation Provider immediately of any safety hazard on the Property or within the Room.
16. Internet and Utilities
(a) At the Accommodation Provider’s sole discretion, Internet access may be provided for the Guest’s use, subject to reasonable usage limits. Access is not guaranteed and may be subject to interruptions or additional costs and charges.
(b) The Guest must not use the internet for unlawful or prohibited activities.
(c) Costs associated with water, electricity, and other utilities are included in the Guest’s Booking unless otherwise specified, noting that there the amenities at the Property are common in accordance with clause 13 of the Agreement.
17. Privacy and Data
(a) The Accommodation Provider collects and handles the Guest’s personal information in accordance with the Accommodation Provider’s Privacy Policy.
(b) The Accommodation Provider may use the Guest’s information for the purposes of managing the Guest’s stay, processing payments, and complying with legal obligations.
(c) The Guest consents to the Accommodation Provider sharing the Guest’s personal information with third-party service providers (e.g. payment processors, booking platforms) as reasonably required.
18. Breach and Termination
(a) The Accommodation Provider may immediately terminate the Guest’s Booking by written or oral notice to the Guest and evict the Guest from the Property if the Guest, Approved Occupants, any invitees of the Guest or Approved Occupants, including without limitation any Related Party:
(i) breach the terms of this Agreement and the House Rules;
(ii) cause serious damage to the Rooms and/or Property;
(iii) endanger others or engage in criminal activity;
(iv) fail to comply with the Accommodation Provider’s reasonable directions;
(v) fail to comply with the reasonable directions of any park ranger or other third party authority.
(b) If the Guest’s stay is terminated for breach:
(i) the Guest and Approved Occupants and any other invitees of the Guest must immediately vacate the Room and Property and remove all personal items, belonging, valuables or personal items;
(ii) the Guest forfeits any balance of the Accommodation Fee for the balance of the Length of Stay;
(iii) no refund is due to the Guest whatsoever;
(iv) clause 10(d) shall immediately apply, except to the extent that check out is required immediately rather than on the Check-Out-Date at the Check-In-Time.
19. Indemnity and Limitation of Liability
(a) The Guest, Approved Occupants and any Related Party acknowledge that they are responsible for their personal belongings, valuables and personal items located in or around the Property at all times during the their stay.
(b) The Guest, Approved Occupants and any Related Party indemnify and hold the Accommodation Provider harmless from and against all Claims and Losses arising from loss, damage, liability, or third party losses, by reason of or arising out of or in relation to this Agreement or the Property whatsoever, except any Claim or Loss directly resulting from the Accommodation Provider’s negligence or breach of this Agreement.
(c) The Guest acknowledges that use of the Room and Property and its facilities and amenities is at the risk of the Guest, Approved Occupant, invitees or any Related Party.
20. GST
20.1 GST exclusive amounts
Unless expressly stated to the contrary all amounts expressed in this Agreement are exclusive of GST.
20.2 GST amounts
(a) If a party (Supplier) is obliged under the GST Law to pay an amount of GST for a Taxable Supply made by the Supplier to another party (Recipient) under this Agreement, the Recipient must pay the Supplier an amount equal to the GST payable on the supply by the Supplier.
(b) The Recipient must pay the amount referred to in clause 20.2 and any interest, penalties, fines or expenses relating to the GST, in addition to and at the same time as the consideration otherwise payable by the Recipient for the supply.
20.3 Tax Invoice
If requested by the Recipient, the Supplier must provide the Recipient with a Tax Invoice on or before payment of the amounts required by this clause 20.
20.4 Adjustment event
If an adjustment event arises for a Taxable Supply under clause 20.2, the amounts required to be paid must be recalculated (Recalculated Amount) and the Recipient must pay the Supplier the Recalculated Amount.
20.5 Reimbursements
Where a party is required to pay for or reimburse an expense or outgoing of another party, the amount required to be paid or reimbursed is the amount of the expense or outgoing less any input tax credits to which the other party, or the representative member of a GST group to which it belongs, is entitled.
21. General
21.1 Service
Any notice or demand given under this document:
(a) must be in writing signed by or on behalf of the party giving it;
(b) will be effectively signed on behalf of a party if it is signed by that party or any of its officers (where the sender is a company), its solicitor or is duly constituted attorney; and
(c) may be served by being:
(i) delivered personally, or sent by pre-paid mail, to the address of the other party or its solicitor specified in this document, or the registered office or place of business or residence of the other party last known to the sender; or
(ii) sent by fax to the fax number of the other party or is solicitor specified in this document or last notified to the sender.
21.2 Time of Service
(a) A notice or demand will be considered received:
(i) if delivered, on delivery;
(ii) if sent by pre-paid post, three Business Days after posting (if posted within Australia to an address in Australia) or seven Business Days after posting (if posted to or form a place outside Australia); and
(iii) sent by fax, when the transmitting machine produces a written report that the notice has been sent in full.
(b) If a notice is delivered or received by fax on a day that is not a Business Day or after 5pm on a Business Day, the notice will be considered delivered or received on the next Business Day.
21.3 Governing Law
This document will be governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of that State.
21.4 Waiver
The failure or omission of a party at any time to:
(a) enforce or require the strict observance of or compliance with any provision of this document; or
(b) exercise any election or discretion under this document,
will not operate as a waiver of them or the rights of a party, whether express or implied, arising under this document.
21.5 Further Assurance
Each party must sign, execute and complete all additional documents which may be necessary to effect, perfect, or complete the provisions of this document and the transactions to which it relates.
21.6 Severability
If any part of this document is or becomes illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of the document will not be affected and this document will be read as if the part had been deleted in that jurisdiction only.
21.7 Entire Understanding
(a) This document contains the entire understanding and document between the parties as to the subject matter of this document.
(b) All previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting, the subject matter of this document are merged in and superseded by this document and will be of no force or effect and no party will be liable to any other party in respect of those matters.
(c) No oral explanation or information provided by any party to another will affect the meaning or interpretation of this document or constitute any collateral agreement, warranty or understanding between any of the parties.
(d) Any variation to this Agreement must be in writing and signed by the Parties.
21.8 Merger
The obligations contained in this document will continue until satisfied in full.
21.9 Fax/Photocopy/Email Clause
(a) The document may be entered into by and becomes binding on the parties named in this document upon one party signing the document that has been signed by the other party (or a photocopy, a facsimile copy or an email copy of same) and transmitting a facsimile copy or email copy thereof to the other party or to the other party's agent or solicitor.
This document may be executed by the parties in any number of identical counterparts. Each counterpart is deemed to be validly executed if it is signed by a party and sent by facsimile or by electronic mail to all other parties. It comes into effect when all identical counterparts have been validly executed. The parties consent to this Agreement being executed electronically, including without limitation, by a party using the “Docusign” service.
