Terms + Conditions
These Terms and Conditions regulate the short term accommodation between The Scout Group and its guests.
PARTIES
1 You
2 The Scout Group Pty Ltd
OPERATIVE PROVISIONS
1. Licence
(a) The Scout Group is authorised by the owner of the Accommodation to let the Accommodation to the Guest. These terms and conditions apply between the guest and The Scout Group relating to the occupation of the Accommodation by the guest.
(b) The guest is granted a licence to occupy the Accommodation during the agreed period (‘’Licence Period’’) as set out in the Booking Summary. The guest is not a tenant of the Accommodation and has not been granted exclusive possession of the Accommodation.
2. Booking and Cancellation
(a) Booking
(i) To book the Property, we require that you pay:
· an initial deposit (the ‘’Initial Deposit’’) of 50% of the Accommodation Fee plus the booking fee at the time of booking; and
· the remaining 50% balance of the Accommodation Fee plus any other additional fees and charges (the ‘’Balance’’) and the Security Bond at least 30 days prior to your specified arrival date.
(ii) If you make a booking within 30 days from your specified arrival date, you must pay the full amount at time of booking.
(iii) A refundable Security Bond is also required to be paid prior to your arrival to cover any incidental breakages or other costs incurred as a result of your tenancy. This Security Bond will be refunded to you within 14 days from departure of the property, pending a satisfactory final inspection of the property by the property owners or their representatives following your departure.
(iv) Once the Initial Deposit or full payment has been received, you will receive an email confirming your Booking. The contract between us will only be formed when you receive the payment confirmation email and is subject to these Booking Conditions.
(v) You should carefully check the details of your Booking before making a payment, as well as the confirmation email and inform us immediately of any errors or omissions.
(b) Payment Terms
(i) Where you have only paid an Initial Deposit, you are required to send to us your payment for the Balance and the Security Bond at least 30 days prior to your arrival date. If you fail to make a payment due to us in full and on time we may treat your Booking as cancelled by you.
(ii) If you paid the Initial Deposit by way of a credit or debit care, we will retain your credit or debit card details for the purpose of payment of the Balance and Security Bond.
(iii) The Security Bond may be used for any repair and/or replacement of the Property, furnishings, fixtures and fittings, any excess cleaning that may be necessary after your stay or payment of penalties for overstaying or breach of house rules. We will return the Security Bond to you following your departure, less any deductions in accordance with the conditions listed above.
(c) Cancellation and Amendments – if caused by You
(i) 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.
(ii) If you elect to cancel your booking, money paid is not refundable unless the property is re-let for the entire period. If a refund is made due to the property being re-let, then a $150 administration fee will apply.
(iii) If you amend your booking giving us at least 90 days notice, we will be happy to assist you in changing the dates for your accommodation (subject to availability – additional costs may apply if rates differ). If less than 90 days notice is given of your wish to amend your booking, we will be happy to assist you, however, any fees paid for your original booking will not be transferred to your amended booking until such time that the property has been re-let for the dates originally booked.
(d) Cancellations and Amendments – if caused by us
(i) The owners will make every effort to ensure the property is available as booked. However the owners 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.
(ii) If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your Booking. If we cancel your Booking, we will refund you any fees you have already paid to us. However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).
3. Fees and Charges
(a) You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction you also agree to discharge the cost of any damage to the Accommodation or contents and to pay any fees in relation to overstaying or breach of house rules.
(b) The Accommodation Fees set out in the Confirmation of Booking are for Accommodation only. No additional services which you may book through The Scout Group are included.
(c) By accepting these terms you agree to pay the Accommodation Fees in full and you authorise The Scout Group to collect the full amount referred to in the Booking Summary immediately. If you fail to turn up to a booking or check-in then you will be responsible for the entire Accommodation Fees for the booking (and you hereby authorise The Scout Group to deduct such sums from the credit or debit card details which you supplied when making the booking).
(d) All fees and charges will be collected by The Scout Group and will be inclusive of GST
4. Security Bond
Prior to the commencement your stay at the Accommodation, the Scout Group will deduct an amount from your credit or debit card by way of security bond. In the event that you cause damage to the Accommodation or its contents during your stay, or if you check-out late or overstay, the Security Bond or a portion of the Security Bond will not be returned to you.
If you cause damage to the Accommodation that exceeds the amount of the Security Bond we have deducted from your credit or debit card, we reserve the right to deduct further amounts from your nominated credit or debit card. We will retain your credit or debit card details for this purpose during and for 14 days following the end of your stay. You agree that if you cause damage to the Accommodation over and above the Security Bond we deduct, then we may make further deductions from your credit or debit card.
Please refer to our Privacy Policy for additional information on the use and storage of your credit or debit card information.
5. Check-Out
The check-out time at the Accommodation is as stated in the Booking Summary. Unless you have agreed a late check-out with The Scout Group or a further period of occupation then you will be responsible for a full day's Accommodation Fee for any overstaying. If you overstay by more than 2 hours then we 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 (and we will charge you for the costs of any such action) you will also be liable for an additional fee of $1,000 per day (or part thereof) for any unauthorised overstaying.
6. Safety and Conduct
(a) You have primary responsibility for your own safety during your stay at the Accommodation. You must read any fire or health & safety guidance included in the Guest Information Book at the Accommodation and you must listen to any instructions or explanations which are provided by The Scout Group’s staff when showing you around the Accommodation.
(b) If you become aware of anything during your stay which you believe is a health & safety risk you must inform The Scout Group immediately.
(c) You must comply with the House Rules and you must also comply any building regulations and any reasonable directions of The Scout Group.
(d) You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time together with such number of additional guests whose names are specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Scout Group will not allow any person other than the person named in the Booking Summary to access or occupy the Accommodation.
(e) 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 and the rental may be terminated immediately.
(f) In addition to complying with the Membership Rules and House Rules and all reasonable directions you also agree that you will:
(i) Keep the Accommodation clean, tidy and clear of rubbish and leave the Accommodation in the same condition as you find it;
(ii) Not keep or take any pets or animals into the Accommodation (unless otherwise agreed in writing;
(iii) Not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach in whole or in part any insurance effected in respect of the Accommodation from time to time;
(iv) 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;
(v) Not leave any obstruction outside of the Accommodation;
(vi) 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 The Scout Group 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;
(vii) Not conduct any illegal or immoral activity from the Accommodation;
(viii) Not conduct any business or commercial activity whatsoever from the Accommodation;
(ix) Not make any alteration or addition whatsoever to the Accommodation or its contents;
(x) Not use the Accommodation for any purpose other than for personal accommodation;
(xi) Not invade the privacy of The Scout Group or the owner nor publish or reveal anything which might allow a third party to identify the address of the property or the identity of The Scout Group (even if such information is already in the public domain);
(xii) Not to have a party or gathering without the consent of the owner first being obtained.
(g) Parties are strictly prohibited without prior written consent of the property owner. If you breach this condition, or any other House Rule as displayed at the property during your stay, you agree to pay an additional fee of $5,000 and will also be evicted without notice and without refund or credit for any nights unused.
(h) 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 and you agree to pay a fixed charge of $500 for any breach of any tamper tape.
(i) You hereby indemnify The Scout Group and the Owner in respect of any costs, claims, liabilities or expenses suffered or incurred by The Scout Group (or their agents) in respect of any breach of this clause 6.
7. Property Damage
(a) You must notify The Scout Group of any damage to the Accommodation, contents fixtures or fittings which occurs during your stay, even if you regard the damage as fair wear and tear or if you do not believe the damage is your fault.
(b) If you do not notify The Scout Group of any such damage you will be fully liable for such damage on a full replacement basis.
(c) Any deductions for property damage will be taken from the credit or debit card details you have supplied and/or on which we have pre-authorised an amount as a Security Bond but for the avoidance of doubt you will be liable for the full amount of any damage and not just the amount pre-authorised by way of a security bond, as per clause 4.
(d) If any key to the Accommodation is not returned upon check-out, you will be charged for changing all related barrels and a full set of new keys.
8. Liability and Claims
To the extent permitted by law The Scout Group:
(a) Will not be liable to you for any business, financial or economic 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 this agreement, the Accommodation or the rental (whether such loss arises as a result of The Scout Group's negligence or otherwise).
(b) The Scout Group's 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 Accommodation Fees and charges payable by you, whichever is the higher amount.
(c) Nothing in this clause limits or excludes the liability of The Scout Group for death or personal injury arising as a result of their negligence or the negligence of their agents or employees.
9. General
(a) You agree that you have the power to enter into this Licence
(b) You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you owe to The Scout Group against any amounts that that may be owed to you.
(c) The Scout Group will be entitled to sub-contract or delegate their obligations under this Agreement.
(d) The Scout Group will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond its reasonable control.
(e) These terms and the Booking Summary represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
(f) The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a Court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
(g) These conditions are governed by and construed in accordance with the laws of Victoria. You agree to submit to the exclusive jurisdiction of the Victorian Courts.
(h) If you breach these terms and conditions and The Scout Group decides to take no action or neglects to do so, then The Scout Group will still be entitled to take action and enforce their rights and remedies for any other breach.