Banksia Cottage Short Term Holiday Rental Agreement

Definitions
"Booking or Stay" means the period for which the Guest/s have paid to stay at the Property. "Guest/s" means the persons nominated and accepted in the Booking who may enter and or stay at the property. "Management" means the Property Owners and Managers of the Property.   "Property" means Banksia Cottage, 5 Norwood Street, Toowoomba City and all its fixtures, fittings and equipment.

1. Acceptance and Responsibility

• Payment of the deposit constitutes acceptance of this Agreement. All Guests are bound by its terms.
• Guests acknowledge that this is a short-term holiday stay and does not create any residential tenancy or rights under residential tenancy legislation.
• Management reserves the right to terminate the Booking and evict Guests immediately without refund for any breach of this Agreement.
• Guests occupy and use the Property at their own risk. To the fullest extent permitted by law, Management is not liable for any injury, loss, or damage suffered during the stay.
• Guests agree to indemnify and hold harmless Management against any claims, loss, or damage arising from their use of the Property, except to the extent caused by the negligence or wilful misconduct of Management.

2. Payments

• A 50% deposit is required to secure the Booking unless within 30 days of check-in, in which case full payment is required.
• Bookings are not confirmed until payment is received.
• Payment must be made in Australian Dollars via approved methods (debit/credit card or PayID).
• The balance is due 14 days prior to check-in. Failure to pay may result in cancellation without notice.
• Guests authorise Management to charge the payment method provided for any additional costs incurred, including damage, extra cleaning, or breach of this Agreement.

3.  Cancellations

• More than 30 days before check-in: 100% refund
• 14-30 days before check-in: 50% refund
• 13 days or less: no refund

4. Date Changes or Variations

• Requests to change booking dates are subject to availability and must be approved by Management.
• An administrative variation fee of $50 may apply to any approved date change.
• If the revised dates result in a higher rate, the Guest agrees to pay the difference. If the revised dates are of a lower value, no refund will be provided.
• Date changes requested within 14 days of check-in will be treated as a cancellation, and the above cancellation policy will apply.
• Management reserves the right to decline date change requests during peak periods.

5. Refundable Damage / Security Deposit

• A refundable damage deposit may be required.
• Guests are responsible for any damage, breakage, theft, or loss and must notify Management immediately. Costs may be recovered.

6. Pets

• Dogs are permitted by prior written approval only.
• All dogs must be over 12 months old and fully house-trained.
• Undeclared pets may result in additional charges and/or immediate termination without refund.
• Pets must be kept off all furniture or bedding and must not be left inside the cottage unattended.
• Guests are responsible for all pet-related damage and must remove all pet waste prior to departure.

 7. House Rules, Code of Conduct and your Responsibilities

• Guests must comply with all house rules and instructions from Management.
• Only registered guests may access the Property and Visitors strictly prohibited.
• The Property is for private residential use only. Parties, gatherings, events, and commercial use are strictly prohibited.
• Noise must be kept to a minimum between 10pm and 8am.
• Smoking is not permitted inside and all doors and windows must be closed if smoking is conducted outside.
• Illegal activity is strictly prohibited.
• Guests are responsible for securing the Property when absent.
• Management reserves the right to enter the Property with reasonable notice or at any time in an emergency.

8. Departure

• Check-out is 10:00am unless otherwise agreed.  Late departure may incur extra fees.
• Before departure, all food must be removed from fridges, all rubbish put in the appropriate council rubbish bins provided, and crockery and cutlery washed and packed away.
• The property should be left in a similar state to its condition on arrival.  Failure to leave the property in a clean and tidy condition may incur additional cleaning charges, which will be deducted from the refundable damage deposit.
• All furniture must be left in the position on arrival.
• The property should be secured with all windows and doors locked and keys returned as per departure instructions.  
• Guests are responsible for the safekeeping and replacement cost of accommodation keys if lost.

9.  Unavailability

• If the Property becomes unavailable due to unforeseen circumstances, all payments will be refunded in full.
• Management is not liable for events beyond its control (e.g. weather, power outages, natural disasters).

10. Problems, Accidents or Complaints

• Guests must notify Management of any issue within 48 hours.
• Guests must allow reasonable access for repairs.
• Failure to report issues may limit any claim.
• Management is not responsible for any injuries, illness or accidents that may occur whilst staying at the property and recommends all Guests purchase travel insurance.

11. Variations to Terms and Conditions

• Changes to this Agreement must be agreed in writing.