Guest Agreement.

HT Empire Pty Ltd Trading as Khove Rental Agreement

This renter agreement is made and effective       [Date]          between HT Empire Pty Ltd trading as Khove (“We”, “our” or “us”) ANB 76 668 410 946 ACN 668 410 946 and     [Guest Name]        (“guest”, “you”).

This Agreement applies to all members of the guest’s party no matter the age or affiliation. You acknowledge that you are responsible for sharing the renter agreement, and its requirements, with all members of the Guest’s party and anyone else permitted onto the rental property by the Guest. When you complete your booking, you accept these terms and any other terms that you are provided with during the booking process.

Booking and Payments

1. You agree to pay the booking fees to HT Empire Pty Ltd as set out in the booking summary.

2. You should carefully check the details of your booking prior to completing your booking. If there have been any errors made during the booking process please notify us immediately of any errors or omissions.

3. To book your accommodation we require an initial deposit payment of 30% of the full booking fee. Any remaining balance must be paid 30 days prior to your arrival date. Any payments not been received by us prior to 14 days before the arrival date, we reserve the right to cancel the booking from that moment onward with no refund provided.

4. If the booking has been made within 30 days of the arrival date, you must pay the full booking fee at the time of booking.

5. A security bond is required to stay at the booked accommodation. The security bond is an automatic hold placed on a valid credit card. If the credit card provided is invalid for the credit card hold then it is the guests responsibility to ensure they update their credit card details with us to complete the hold. Deductions from the security bond may include, but are not limited to: excess cleaning, spa draining and refilling fee, trash removal fee, missing items replacement cost, repair costs of buildings or grounds, or other service call fees. We will release the security bond hold to you following your departure, less any deductions in accordance with the list above pending a satisfactory final inspection of the accommodation by HT Empire Pty Ltd or their representatives. HT Empire Pty Ltd is under no obligation to use the least expensive means of restoration.

6. All payments as well as security bond hold will be displayed on the guest's credit card statement. Depending you your length of stay the security bond hold may need to re-authorise on your card after a certain period of time, you will see this on your statement as multiple attempted holds. This is not an indication of money removed from your account as it is only a hold on your card.

7. Nothing in these terms limits our rights to recover damages from you over and above the amount of the security bond.

8. Once the initial deposit or full booking fee has been paid, you will receive an email confirming your booking.

9. Failure to turn up to a booking or check-in results in forfeiting 100% of the booking fee. You hereby authorise HT Empire Pty Ltd to deduct any outstanding funds from your nominated valid credit card that was provided at the time of booking.

10. All payments must be made in Australian Dollars

11. You irrevocably authorise HT Empire Pty Ltd to charge all amounts payable to us under these terms to the valid credit card we hold on file for you, including any balance amount that is not paid when due.

12. Completion of a guest check-in form is required prior to your arrival. This requires you to provide photo ID verification which will be used to verify your identity at check-in. Your personal information will be stored in a manner that protects it from misuse and loss and from unauthorised access, modification or disclosure and otherwise in accordance with our privacy policy.

Cancellations and Amendments

13. If you need to cancel or amend your booking, please notify us as soon as possible. A Cancellation or amendment will not take effect until we receive confirmation in writing or via email from you and we have confirmed acceptance of the cancellation or amendment.

14. If you cancel your booking, any moneys paid by you or on your behalf towards the booking is not refundable unless clause 16 of these terms apply. If you cancel within 30 days from the arrival date and have not paid the balance, you acknowledge that you are liable for the balance and you authorise us to deduct these funds from your valid credit card we have on file.

15. We will endeavour to re-let the accommodation following your cancellation however, we have no obligation to do so. If we are able to re-let the accommodation the whole or part of the dates of your original booking, we will provide you with a refund equal to the total accommodation fees we achieved (if any) for nights booked during the dates of your original booking minus 30% of the total rebooked fee which you agree we may retain as a booking fee.

16. If you amend the dates of your booking by giving us at least 90 days’ notice’ from the booking arrival date, we will endeavour to change the dates for your booking, subject to availability, additional costs may apply if accommodation rates differ. If less than 90 days’ notice is given of your wish to amend the dates of your booking, any money paid by you or on your behalf for accommodation or other services are not refundable unless we are able to rebook the accommodation on your original booking dates as rates not less than your original booking.

17. If the cancellation is caused by us, we reserve the right to make alterations to bookings due to unforeseen circumstances (eg. Fire, flood etc). We would not expect to have to make any changes to your booking, but sometimes problems occur and we may have to make alterations or, very occasionally cancel bookings. If we have to change or cancel a booking, we will contact you as soon as it is reasonably practical and inform you of the cancellation or changes to your booking. If we cancel your booking, we will refund you all amounts you have already paid to us. However, we will not be liable to refund you for any amounts you may have paid to any third party in connection with your holiday (including, without limitation, fees to travel, entertainment, activities or insurance.)

Termination

18. We may terminate the booking prior to or during your stay if you breach these terms. If your booking is terminated you must immediately vacate the accommodation, you forfeit all your booking fees and charges previously paid in relation to your booking and we reserve our rights to pursue you for loss and damage we incur as a result of such termination.

Inspection

19. HT Empire Pty Ltd or their representatives are authorised to enter the accommodation for the purpose of assessing or carrying out the need for repairs or maintenance of the accommodation. You will be given at least 48 hours' notice of any upcoming inspections or maintenance access. In case of emergency, we may enter into and inspect the premises at any time to carry out urgent repairs.

20. HT Empire Pty Ltd or their representatives are authorised to enter the accommodation at any time without notice in the event they believe the guests are causing or have caused serious damage to the rental property.

Check-out

21. You acknowledge that if you remain at the property past the standard or agreed upon check-out time and the cleaners have arrived at the property to begin their cleaning, it is at their discretion to charge you for, but not limited to, a call-out fee and waiting time for you to vacate the property. The amount charged will be deducted from your security bond.

22. If you overstay for more than 2 hours past the standard or agreed upon checkout time then we or our representatives reserve the right to enter the accommodation, remove your belongings, change the locks to the accommodation and take such further action as may be necessary. You will be liable for all costs incurred of any such action. You will also be liable for the nightly rate (calculated daily) plus an additional charge of $500.00 per day for any unauthorised over staying.

Refunds

23. No refunds will be provided due to circumstances out of our control, this includes, but is not limited to, power blackouts, water shortages, flooding, snow, nearby construction noise, common building facilities or mandatory evacuations due to potentially dangerous situations arising from acts of nature or council.

24. We make every effort to ensure all appliances and amenities are in working order for your stay at the accommodation However, there may be instances where we are in the middle of repairs or an item breaks down whilst you are occupying the property, we will work tirelessly to fix the problem as soon as possible and refunds will not be given for items in need of repair unless seen fit reasonable by us. 

Lost and Found

25. You are responsible for all shipping costs for any lost and found items that we are required to return to you. Items found and not claimed within 30 days from departure date will be disposed of at the discretion of HT Empire Pty Ltd or their representatives.

26. HT Empire Pty Ltd or their representatives will not be liable in the even we cannot locate items lost at the accommodation.

Noise Restrictions

27. Noise levels are to be respectful at all times of the day and no music or outdoor entertaining whatsoever after 10 pm.

28. Noise complaints can cause serious life-changing ramifications for the accommodation owner so please be mindful and respectful of neighbours as sound travels very easily. In the event we receive a noise complaint and security is called to the accommodation, you agree that we are authorised to deduct the cost of the security attendance from your security bond. Attendance by security can occur at any time from 6 pm-6 am and will be charged at cost (minimum charge of $250 per call out) If the security deems the noise levels from the street to be disruptive to the neighbourhood, HT Empire Pty Ltd reserves the rights to, but not limited to, issue warnings, evict you from the property with no refund of nights unused and charge fees for inconveniences caused.

29. You must at all times comply with all applicable State and Territory, local council and zoning codes of conduct or regulations that apply to short-term accommodation. Failure to comply with the applicable codes, you agree that we may require you to immediately vacate the accommodation and you will not be entitled to a refund of any booking fees and other charges previously paid by you. 

Property Damages

30. You agree to pay the cost of any damage to the accommodation or its contents and the pay any fees in relation to overstaying or breach of this agreement or the house rules.

31. You are responsible for all lost or damaged items at the accommodation. The guest may be responsible for up to 2 times the retail price to account for replacement organising costs and compensation to the owner.

32. You must immediately notify us of any damage to the accommodation, contents, fixtures and fittings that occur during your stay at the accommodation, even if you regard the damage as fair wear and tear or if you do not believe the damage is your fault. We will make the final determination as to whether the damage constitutes fair wear and tear in the circumstances.

33. You will be charged a fee of $100+GST for HT Empire Pty Ltd to manage the coordination of trades to repair the damage caused as well as the full cost of repair.

34. If any key, fobs or garage remotes to the accommodation are not returned upon check-out or are lost or stolen, you will be charged for changing all related barrels and full sets of keys (typically but not always will be 5 sets of keys total), new fob or garage remote order costs. You will also be charged by HT Empire Pty Ltd a fee of $100+GST for co-ordinating, ordering, collecting, programming and distributing new sets of keys, fobs or garage remotes.

Pets

35. If the accommodation allows pets, prior to your arrival date you will need to answer some qualifying questions about your pets for owner approval, these may include, but are not limited to, age, breed and temperament. Failure to provide us with correct information on your pet will result in your pet being denied access or eviction from the accommodation.

36. You are fully responsible for the safety of your pet, it's not uncommon for our accommodations to have snakes, ticks and natural wildlife.

37. Pets are not permitted on any furniture, you must also supply your own dog bed and feeding equipment.

38. Additional charges will apply for cleaning of fur, smell or stains.

39. You are not to bring a pet that is vicious, excessively loud or classified as “dangerous” as defined in the Companion Animals Act 1998.

40. Pets must remain at the accommodation at all times and must not be allowed to wander into the neighbouring properties. If the accommodation is unfenced, it is the guests responsibility to ensure that the pet is properly restrained at all times.

Liability & Claims

41. The extent permitted by law HT Empire Pty Ltd will not be liable to you for any business, economic of financial loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of breach of these terms, the accommodation or the booking.

42. HT Empire Pty Ltd liability for all losses (with the exception of personal injury or death arising as a result of negligence) will be limited to the cost of obtaining replacement accommodation for the agreed Licence Period or the amount of the Booking Fees and charges payable by you, whichever is the higher amount.

43. Nothing in these Terms limits or excludes the liability of HT Empire Pty Ltd for death or personal injury arising as a result of its negligence or the negligence of its agents or employees.

44. You acknowledge and agree that you are responsible for your conduct and activities carried out at the Accommodation and you release HT Empire Pty Ltd and the owner from all claims arising from your conduct and activities while at the Accommodation, except to the extent the claim was caused or contributed by HT Empire Pty Ltd.

45. You indemnify and will keep indemnified HT Empire Pty Ltd and the owner of the Accommodation in respect of any costs, claims, liabilities or expenses suffered or incurred by either of them in respect of your breach of these Terms.

46. The Accommodation may offer access to recreational and water activities, including but not limited to canoes, bicycles and swimming. Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers and hazards. Participation in such activities and/or use of equipment may result in injury or illness. Guest agrees to fully indemnify and hold harmless HT Empire Pty Ltd and the Owner, agents, employees or contractors for any injury or damage caused by these activities.

Safety and Conduct

47. You have primary responsibility for your own safety during your stay at the Accommodation. You must read the House Rules, any instruction manuals and any fire or health and safety guidance included in the Guest Information Book at the Accommodation and you must listen to any instructions or explanations which are provided by HT Empire Pty Ltd staff when showing you around the Accommodation.

48. If you become aware of anything during your stay that you believe is a health and safety risk you must inform HT Empire Pty Ltd immediately.

49. You must comply with the House Rules and you must also comply with any local government regulations, building regulations and any reasonable directions of HT Empire Pty Ltd.

50. You acknowledge that some properties use external video surveillance systems for protection of the Accommodation and its occupants. You consent to the use of external video surveillance systems during the course of your stay.

51. You must not allow any person other than the person/s named in the Booking Summary to occupy the Accommodation at any time during the Licence Period. These Terms are personal to you and may not be transferred to any other person. We will not allow any person other than the person/s named in the Booking Summary to access or occupy the Accommodation. If an invitee of yours is temporarily in the Accommodation you are fully responsible for their conduct in all respects.

52. The Booking Summary may specify the maximum permitted number of guests who are authorised to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation you will be liable to pay a supplement of up to $500 per night in respect of each unauthorised guest or we may immediately terminate the Booking and you and guests must vacate the Accommodation immediately.

53. In addition to complying with the Terms, House Rules and all reasonable directions you also agree that you will:

a. keep the Accommodation clean, tidy and clear of rubbish and leave the Accommodation in the same condition as you find it;

b. not keep or take any pets or animals into the Accommodation unless otherwise agreed in writing;

c. not do anything that will or might constitute a breach of any consents in relation to Accommodation or which will or might be in breach in whole or in part of any insurance effected in respect of the Accommodation from time to time;

d. if the Accommodation is part of a building or complex with common property, not obstruct or leave any objects or waste in any common property;

e. not leave any obstruction outside of the Accommodation;

f. not to do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to HT Empire Pty Ltd or to tenants or occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;

g. not conduct any illegal or immoral activity from the Accommodation;

h. not conduct any business or commercial activity whatsoever from the Accommodation including, but not limited to, conducting any photoshoots that are not expressly authorised in writing by HT Empire Pty Ltd;

i. not make any alteration or addition whatsoever to the Accommodation or its contents;

j. not use the Accommodation for any purpose other than for personal accommodation;

k. not invade the privacy of HT Empire Pty Ltd or the owner nor publish or reveal anything which might allow a third party to identify the address of the Accommodation or the identity of HT Empire Pty Ltd (even if such information is already in the public domain);

l. not have a party or gathering or more than 6 people in addition to those guests listed as staying at the property, without the written consent of HT Empire Pty Ltd first being obtained. If the party or gathering results in excessive noise, any form of disturbance to neighbouring properties or any other behaviour we regard as disrespectful, it is at Our sole discretion to evict you from the Accommodation and impose an additional fee of $5,000.00 (in addition to such other sums as may be due under this Agreement).

54. If you breach any other House Rule as displayed at the Accommodation during your stay, you indemnify us and will keep us indemnified for any loss and damage we incur as a result of that breach and you agree that may also be evicted without notice and without refund or credit for any nights unused.

55. You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape or any other locking device and you agree to pay a fixed charge of $500 for any breach of any tamper tape or device. Now, therefore, in consideration of the mutual agreements and covenants herein contained, guest has read and agreed to the contents of this agreement.

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