Forbes Luxury Stays - Guest Terms and Conditions

1. GENERAL

1.1 These Terms apply to all bookings for the Property. By making a booking with us, you acknowledge that you have read and that you agree to be bound by these Terms.

2. BOOKINGS

2.1 Bookings for the Property can be made online, by emailing us directly or by calling us directly.

2.2 All bookings are subject to availability and us sending you a booking confirmation email. When making a booking, please ensure that all details you provide are correct. It is your responsibility to notify us of any correction to your booking details as soon as possible.

2.3 You agree that your booking is not finalised until you receive confirmation from us and that we may reject a booking for any reason and in our sole discretion.

3. NUMBER OF GUESTS AND VISITORS

3.1 The Property cannot accommodate more than the number of Guests specified on the booking page for the Property at any one time.

3.2 Where the number of Guests staying at the Property exceeds the number of beds that you have booked, we will charge an additional fee of up to the advertised rate] per night of your stay to your nominated credit card held on file or otherwise deduct the amount from the security deposit that you have paid.

3.3 Unless we otherwise agree, the total number of visitors at the Property during your stay must not exceed 6 visitors. No visitors will be permitted at the Property between 10pm and 6am.

3.4 If you fail to comply strictly with this clause 3, we withdraw our consent for you to continue to occupy the Property and shall have the right to require you to immediately vacate the Property, in which case, the total Booking Fee will be forfeited and will not be refundable. If you fail to vacate the Property on request, you will be liable for trespass.

4. DEPOSIT AND PAYMENT POLICY

4.1 50% of your total Booking Fee must be made at the time of booking. You must pay the balance of the total Booking Fee at least 60 days prior to the date of your arrival.

4.2 If we have not received payment of your Booking Fee in full on or before the applicable due date, you agree that we may charge the amount to your nominated credit card or cancel your booking without further notice to you and retain the deposit that you have paid as compensation for our loss incurred as a result of the cancellation.

4.3 If you make a booking within 60 days of your arrival date, you will be required to pay 100% of the Booking Fee at the time of booking.

4.4 Notwithstanding anything to the contrary contained in these Terms, you agree that we are authorised to charge any amount which is due and payable to us and remains unpaid to your nominated credit card.

5. BOOKING RATES

5.1 The ‘per night’ rates for the Property as listed on our website from time to time are expressed in Australian Dollars and are exclusive of any applicable GST (unless otherwise stated). These rates are variable and subject to change without notice.

5.2 The total Booking Fee for your stay at the Property is not confirmed until payment of the required deposit has been received by us.

5.3 We reserve the right to require a minimum length of stay for all bookings. The details of any minimum stay requirements will be as specified on the booking page for the Property.

6. CHILDREN

6.1 Children are welcome to stay at the Property. However, children under 12 years of age must be accompanied by an adult at all times.

7. PAYMENT OF BOOKING FEE AND SECURITY DEPOSIT

7.1 The Booking Fee may be paid by way of credit card, Visa, MasterCard, AMEX or via direct deposit. All payments must be made in Australian Dollars. A surcharge in respect of credit card payments may apply.

7.2 Even if your Booking Fee is paid by direct deposit, you must provide us with credit card details for the security deposit and other charges that may be payable by you to us (your nominated credit card).

7.3 A security deposit equal to 10% of your total Booking Fee must be paid prior to your arrival at the Property, or will otherwise be held in an authorisation hold on your nominated credit card, to cover the costs of any additional charges and any damage which occurs to the Property during your stay. We reserve the right to ask for a larger security deposit (at our discretion) for large groups or where bookings are made for particular events.

7.4 The security deposit (less any additional charges or damage costs) will be refunded to your nominated account or released from the authorisation hold (as the case may be) within 10 business days of us undertaking an exit inspection of the Property.

8. CANCELLATIONS AND MAKING CHANGES TO YOUR BOOKING

8.1 If you are no longer able to stay at the Property on the dates that you have booked, please let us know as soon as possible and we will do our best to accommodate a change of date to your booking. Rescheduling of bookings is at our discretion and we cannot guarantee that we will be able to reschedule your stay to a date of your choosing.

8.2 If you cancel your booking during your stay, your Booking Fee will not be refunded.

8.3 If you cancel your booking less than sixty (60) days prior to the date of your arrival at the Property, 50% of all amounts paid will be forfeited and will not be refunded.

8.4 If you cancel your booking more than sixty (60) days prior to the date of your arrival at the Property, 10% of the total Booking Fee will be forfeited and will not be refundable.

8.5 If we cancel your booking at any time, other than by reason of a breach by you of these Terms, we will refund to you all amounts paid to us by you but we will not refund any other third party cancellations (for example, flights and other third party bookings).

9. CHECK IN & CHECK OUT

9.1 Check-in is available from 2:00pm on the date of your arrival. You must check-out by 11:00am on the date of your departure.

9.2 Requests for an early check-in or a late check-out must be made prior to the date of your arrival. Whilst we will make every effort to accommodate your needs, early check-in or late check-out times are subject to availability and will be agreed at our discretion.

9.3 In some circumstances, early check-ins or late check-outs will require you to book and pay for an additional half-day. Half-day bookings are charged at a rate of 50% of the applicable nightly rate.

10. CLEANING

10.1 A mandatory cleaning fee will be included in your Booking Fee the amount of which will be disclosed on the booking page.

10.2 You agree to leave the Property in a reasonably clean and tidy state upon your departure. In the event that you fail to do so, additional cleaning fees may apply. These additional charges will

be charged to your nominated credit card or deducted from the security deposit you have paid.

10.3 On departure, you must make sure that you (as applicable):

· Turn off all lights;

· Turn off all temperature control systems;

· Extinguish any wood/log fire and turn off any gas fire;

· Stack all used dishes into the dishwasher and turn on the dishwasher;

· Shut all doors and windows including skylights ;

· Leave all dirty/used towels in the bathroom;

· Leave all linens and sheets on the beds;

· Take all rubbish outside and place it in the bins provided; and

· Lock the front door, any garage/shed door and any security gates.

11. SMOKING AND VAPING

11.1 Smoking and vaping inside the Property or in any indoor areas is strictly prohibited.

11.2 If smoking or vaping outside, all windows and doors to the Property must be closed and all cigarette butts must be extinguished and placed in the outdoor rubbish bins provided.

11.3 In the event that you or your Guests smoke or vape inside the Property, this will amount to a breach of these Terms.

12. PETS AND ANIMALS

12.1 Pets are not permitted at the Property without our prior written consent.

12.2 This consent is at our sole discretion and may be subject to additional booking and cleaning fees and the payment of an additional security deposit.

13. LOCKOUTS & LOSS OF KEYS

13.1 If you lose or damage the keys to the Property, you will be charged a replacement fee of up to $500. A call-out fee of up to $1,000 will also apply where we are required to attend at the Property or provide a locksmith. Any applicable key replacement or call out fees will be charged to your nominated credit card or deducted from the security deposit you have paid.

14. PERSONAL BELONGINGS

14.1 Unless otherwise required by law, we will not be liable for any loss or damage to your (or your Guests’) personal property during your stay at the Property. We recommend that you (and all of your Guests) purchase comprehensive travel insurance to cover any loss or damage to personal belongings during your stay.

15. FUNCTIONS/EVENTS

15.1 You must not host any function, party or event at the Property without our prior written consent. This will include any gatherings of more than 6 visitors (i.e. people who are not listed Guests) at the Property, at any time during your stay.

15.2 This consent is at our discretion and may be subject to a separate agreement, additional booking fees and the payment of an additional security deposit. If we provide our consent to any function, party or event at the Property, our consent is subject to your (and your guests’) compliance with the guest behaviour standards as set out in these Terms.

15.3 If a function, party or event is held at the Property without our prior consent, we withdraw our consent for you to occupy the Property and shall have the right to require that you immediately vacate the Property in which case the total Booking Fee will be forfeited and will not be refundable. If you fail to vacate the Property on request, you will be liable for trespass.

16. GUEST BEHAVIOUR

16.1 You agree that you are responsible for the behaviour of all Guests or visitors at the Property during your stay.

16.2 If we consent to you holding a function or event at the Property, you must ensure that all noise in relation to the function will not cause disturbance to neighbouring properties. All noise which is audible from outside the Property (including any music) must be turned off by 10pm every other day of the week. Excessive noise, including but not limited to loud music and any other disturbance to neighbours is strictly prohibited at all times.

16.3 Subject to our discretion, a first warning will be given in the event that a noise complaint is received from neighbours. If a second complaint is received, you will be asked to leave the Property as soon as possible and will not be entitled to a refund for the Bookings Fee that you have paid.

17. COMMERCIAL USE OF THE PROPERTY FOR PHOTOSHOOTS

17.1 Unless we otherwise agree, commercial use of the Property is strictly prohibited.

17.2 While we are more than happy for guests to take photographs and videos for their own personal purposes, any commercial photoshoots at the Property are prohibited unless we have provided our prior written approval.

17.3 All filming and photography requests must be sent to us prior to the date of your arrival and will be subject to our discretion (and any additional fees specified by us from time to time).

17.4 Failure to obtain our prior consent in relation to commercial photography or videography at the Property will amount to a breach of these Terms. If you would like to enquire or make a booking for commercial use of the Property, please contact us on [insert].

18. BREAKAGES AND DAMAGE

18.1 In the event that any part of the Property, including all communal and external areas, as well as any furniture, furnishings, appliances or household items are damaged or broken during your stay, an amount equal to the repair or replacement cost for the damaged goods will be charged to you or deducted from the security deposit you have paid.

18.2 You must notify us immediately as soon as you become aware of any damage to the Property or its furniture and furnishings.

18.3 You must not remove any item from the Property that does not form part of your own personal belongings. If any items are missing after your departure, the cost of replacement will be charged to you or deducted from the security deposit you have paid.

18.4 You must not alter, move or rearrange any furniture, fixtures or fittings in the Property without our prior consent.

18.5 You acknowledge that the Property is someone’s home. You agree that you must not tamper or interfere with any locks or locked spaces within the Property, including but not limited to cupboards and drawers. If any locks or locked spaces are discovered to have been interfered or tampered with, the cost of any damage caused or call-out required as a result will be deducted from the security deposit which has been pre-authorised on your nominated credit card, or otherwise charged to your nominated credit card.

18.6 Repairs and maintenance will be completed within business hours, being 9am to 5pm Monday to Friday, unless we determine in our sole discretion, acting reasonably, that the repairs or maintenance required amounts to an emergency.

19. NO TENANCY

19.1 You agree that regardless of the length of your stay at the Property, you are not a tenant and will have no rights in relation to tenancy.

20. COMPLIANCE WITH LAWS AND ANY CODE OF CONDUCT

20.1 At all times during your stay, you must strictly comply with all laws and regulations in force in the State of Victoria and any directions, policies and standards of any Government Agency. 20.2 Without limiting clause 20.1, if the Property is located in a municipality which has local laws or a code of conduct in respect of short stay rental accommodation, you must strictly comply with such local laws and code of conduct at all times.

20.3 You are responsible for payment of any fine received from any Government Agency in respect of a breach of any law or code of

conduct during your stay at the Property and we are entitled to charge the amount of such fine to your credit card or deduct it from the security deposit that you have paid.

20.4 The parties acknowledge and agree that holiday accommodation is a service that is regulated by the Australian Consumer Law (ACL).

21. BREACH OF TERMS AND CONDITIONS

21.1 In the event that you or one of your Guests breach any of these Terms, the total loss or damage that we suffer as a result of that breach will be charged to you or deducted from the security deposit you have paid. In the event of breach, we reserve the right to remove you and your Guests from the Property or to refuse future entry onto the Property.

22. FORCE MAJEURE/CHANGES BEYOND OUR CONTROL

22.1 To the full extent permitted by law, you agree that we are not liable for any injury, damage, loss, additional expenses or disruptions including cancellations and rescheduling of bookings to the extent that they are beyond our reasonable control.

23. LIABILITY

23.1 Nothing in these Terms will have the effect of excluding or limiting any of our liability at law, including under the Australian Consumer Law, nor are these Terms to be interpreted as having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods and services which cannot be excluded, restricted or modified.

24. RELEASE AND INDEMNITY

24.1 You occupy and use the Property at your own risk and release us from all claims resulting from any loss, damage, injury or death occurring in connection with the Property.

24.2 You are liable for and indemnify us against all claims resulting from any loss, damage, injury or death in connection with the Property and your use and occupation of the Property.

25. DEFINITIONS

In these Terms:

Booking Fee means the total cost for your stay at the Property and includes all cleaning and additional fees notified at the time of booking and any applicable GST.

Government Agency means any government or any public, statutory, governmental, semi-governmental, local governmental or judicial body, entity or authority and includes a Minister of the Crown (in any right), and any person, body, entity or authority exercising a power pursuant to any law.

Guests means any person who accompanies you during your stay at the Property and who has been notified to us prior to your stay.

Terms means these Terms and Conditions.

Property means the property in relation to which you have made a booking pursuant to these Terms and Conditions.

we, us and our means FGPPM Pty Ltd ACN 664 039 543.

you and your means the person named in the booking information provided to us.

26. PRIVACY

We will handle your personal information in accordance with our Privacy Policy and the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), as amended from time to time.

27. CONTACT US

If you have any queries in relation to these Terms, please do not hesitate to contact us on admin@ppglobal.com.au.