Terms + Conditions
1. ACCEPTANCE & BOOKINGS
1.1 These Terms and Conditions (Terms) are between The Scout Group (ABN 44 607 972 663), its successors and assignees (referred to as “we”, “us” or “our”) and the Client described in the Proposal (referred to as “you” or “your”), and collectively the Parties.
1.2 We are authorised by the owner of the Property to manage the letting of the Property on a short term basis to you (Services).
1.3 You have requested to let a Property, described on and able to be booked via our Website (Booking). You accept these Terms by:
(a) ticking the online acceptance box;
(b) confirming by email that you accept the Terms; or
(c) paying a deposit or the full tariff (Fee) as required as set out on our Website.
1.4 You agree that these Terms form the agreement under which we will let the Property to you. Please read these Terms carefully. Please contact us if you have any questions. Purchasing Services from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 25 years or older. You must not order services from us if you are under 25 years of age. If you do not agree to these Terms, you should not purchase from us.
1.5 We will not confirm a Booking until you have paid the Deposit. Once we have received the Deposit, we will send you an email confirming your Booking (Booking Summary).
2.1 You are granted a licence to occupy the Property during the agreed period (“Licence Period”) as set out in the Booking Summary.
2.2 You agree that you are not a tenant of the Property and have not been granted exclusive possession of the Property.
3. PRICE, INVOICING AND PAYMENT
3.1 You agree to pay us a 50% of the Fee (Deposit) as set out on our Website at the time you book the Property to confirm your Booking.
3.2 You agree to pay the balance of the Fees at least 30 days prior to your specified arrival date (Invoice Date).
3.3 If you’re Booking is made within 30 days of your specified arrival date you agree to pay the full Fee at the time of Booking.
3.4 The Booking Summary may specify the maximum permitted number of guests who are authorised to stay in the Property. If you allow more than the maximum number of people to occupy or stay in the Property you will be liable to pay a supplement of up to $500 per night in respect of each unauthorised guest and we reserve the right to cancel your Booking and these Terms immediately.
3.5 All amounts are stated in Australian dollars. All amounts include Australian GST (where applicable).
3.6 You agree to pay our Fees by the Invoice Date. If the Fees are unpaid for more than 7 days we cancel your Booking and you will forfeit your Deposit.
3.7 If we do not cancel your Booking we may charge interest at the rate of 2% per month on any amounts unpaid after the expiry of 7 days after the payment date.
3.8 If you pay our Fees by credit card, we will charge you an additional 2% processing fee.
3.9 Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for any Bookings made by you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our Site or are provided to you, whichever is earlier.
4. SECURITY BOND
4.1 A refundable security bond (Bond) is required to be paid at least 30 days prior to your specified arrival date.
4.2 The Bond may be used at our discretion to cover the cost of:
(a) additional cleansing of the Property;
(b) repair of the Property including to its furnishings, fixtures, fittings;
(c) any penalties for overstaying the Licence Period; or
(d) any breach of the House Rules.
4.3 The Bond will be refunded to you within 14 days from your departure on satisfactory inspection of the Property.
4.4 If you fail to pay the Bond within the specified period we may cancel your Booking.
5.1 You agree to abide by the check-out times as listed on the Website and stated in our confirmation email.
5.2 Unless we have agreed to a late check-out then you will be charged a full days accommodation Fee if you remain in the property past the check-out time.
5.3 If you overstay the Check-out time by more than 2 hours, we reserve the right to enter the Property, remove your belongings, lock you out of the Property and take any such further action as may be necessary (Overstay Action).
5.4 You agree to pay us the cost of any Overstay Action we take.
5.5 You agree that you will also be liable for an additional fee of $1000 per day for any unauthorised overstay which we will automatically deduct from the credit card you provide to us.
6. YOUR OBLIGATIONS AND WARRANTIES
6.1 You warrant that throughout the term of these Terms that:
(a) there are no legal restrictions preventing you from agreeing to these Terms;
(b) you will cooperate with us and provide us with information that is reasonably necessary to enable us to let the Property to you as requested by us from time to time, and comply with these requests in a timely manner,;
(c) the information you provide to us is true, correct and complete;
(d) you will inform us if you have reasonable concerns relating to the Property under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
6.2 You are primary responsibility for your own safety during your stay at the Property. You must read any fire or health & safety guidance included in the guest information book at the Property and you must listen to any instructions or explanations which we provide.
6.3 If you become aware of anything during your stay which you believe is a health & safety risk you must inform us immediately.
6.4 You agree to comply with the House Rules and you must also comply any building regulations and any reasonable directions we provide.
6.5 You agree not to allow any person other than the person named or specified in the Booking Summary to occupy the Property at any time.
6.6 You agree that during the Licence Period and any period of extension you will:
(a) keep the Property clean, tidy and clear of rubbish and leave the Property in the same condition as you find it;
(b) not keep or take any pets or animals into the Property (unless otherwise agreed in writing;
(c) not do anything that will or might constitute a breach of any consents in relation to the Property or which will or might be in breach in whole or in part any insurance effected in respect of the Property from time to time;
(d) not to obstruct or leave any objects or waste in any common property If the Property is part of a building or complex with common property;
(e) not leave any obstruction outside of the Property;
(f) not do or permit to be done on the Property anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to us 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 Property or moving furniture;
(g) not conduct any illegal or immoral activity from the Property;
(h) not conduct any business or commercial activity whatsoever from the Property;
(i) not make any alteration or addition whatsoever to the Property or its contents;
(j) not use the Property for any purpose other than for personal accommodation;
(k) not invade our privacy, the privacy of the owner nor publish or reveal anything which might allow a third party to identify the address of the Property or out identity (even if such information is already in the public domain);
(l) not to have a party or gathering without the consent of the owner first being obtained.
6.7 You agree that parties are strictly prohibited without our prior written consent. 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 we have the right to evicted you without notice and without refund or credit for any nights unused.
6.8 You agree that if we agree to book the Property as a Corporate Hire, you will at all times during the License Period maintain appropriate public liability insurance covering the Corporate Hire and to provide a copy of the insurance policy to us at our request.
6.9 You acknowledge that the Property 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.
7. PROPERTY DAMAGE
7.1 You agree to notify us immediately of any damage to the Property, contents, fixtures or fittings which occur during your stay, even if you regard the damage as fair wear and tear of if you believe the damage was not you fault.
7.2 You agree that you will be liable for the full cost of such damage if you do not notify us as soon as possible.
7.3 Any deductions for damage to the Property that you cause 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 deposit 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 deposit.
7.4 If any key to the Property are not returned upon check-out, you will be charged for changing all related barrels and a full set of new keys.
8. FEEDBACK AND DISPUTE RESOLUTION
8.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Property or our services, please contact us.
8.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them.
8.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
9.1 If you need to cancel your Booking and these Terms please notify us in writing as soon as possible.
9.2 A cancellation will not take effect until we have received written confirmation from you.
9.3 If you cancel your Booking the Fees paid will only be refundable if we are able to re-let the property for the entire Licence Period.
9.4 If the Fee for the Booking is refundable, we will refund the full amount minus a $150 administration fee within 14 days of receiving the deposit relating to the re-let of the Property.
9.5 On cancellation of your Booking and these Terms by you, you agree that any Fees paid is not refundable to you, except as otherwise specified in these Terms.
9.6 We may cancel your Booking and these Terms immediately, at our sole discretion, if:
(a) we consider that a booking request is inappropriate, improper or unlawful;
(b) you fail to provide us with clear or timely instructions to enable us to let the Property;
(c) for any other reason outside our control which has the effect of compromising our ability to provide the property to you within the Licence Period; or
(d) you fail to pay the Deposit, Fee or Bond within the Invoice Date.
9.7 If we are unable to provide you with the Property during the Licencing Period due to a reason outside of our control we will contact you as soon as possible and refund you any Deposit, Fees or Bond that you have paid to us.
9.8 On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
9.9 The accrued rights, obligations and remedies of the Parties are not affected by the cancellation of the Booking or of these Terms.
10. BOOKING AMENDMENTS
10.1 You can amend your Booking by changing the dates of the License Period subject to availability by giving us at least 90 days written notice.
10.2 You must pay the Deposit for the new License Period before your Booking will be amended. The reminder of the Fee’s and Bond will be payable in line with clause 3 and 4 above.
10.3 The Deposit for your original License Period will be refunded to you or transferred to your amended Booking once the Property has been re-booked during the original License Period.
11. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
11.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.
11.2 Services: If you are a consumer as defined in the ACL, the following applies to you: You are entitled to a replacement or refund for a major failure and for compensation for any other loss or damage. You are also entitled to have the services remedied if they fail to be of acceptable quality and the failure does not amount to a major failure. To the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
11.3 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the License Period where it is affected by your delay in response, or supply of incomplete or incorrect information.
11.4 Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
11.5 Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
11.6 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and these Terms, except those set out in these Terms, including but not limited to:
(a) implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
(b) the Property being unavailable; and
(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your inability to access or use the Property or Services, and the late supply of the Property or Services, even if we were expressly advised of the likelihood of such loss or damage.
11.7 Limitation: To the extent permitted by law, our total liability arising out of or in connection with the Property or Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in relation to the Property, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
11.8 This clause will survive termination of these Terms.
12.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) any breach of these Terms; and
(c) any misuse of the Property or Services from or by you.
12.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
12.3 The obligations under this clause will survive termination of these Terms.
13.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
13.2 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
13.3 GST: If and when applicable, GST payable on the Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
13.4 Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
13.5 Assignment: These Terms are personal to you. You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent (such consent not to be unreasonably withheld). We are entitled to assign or sub-contract our obligations under these Terms.
13.6 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
13.7 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.
13.8 Notice: Any notice required or permitted to be given by either Party to the other under these conditions will be in writing addressed to you at the address in the Proposal. Our address is set out in the Proposal. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
13.9 Jurisdiction & Applicable Law: These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
13.10 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
14.1 Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
14.2 Corporate Hire means booking the Property for a corporate or private event.
14.3 Deposit means the deposit required for the Booking, as set out on our Website or otherwise communicated to you.
14.4 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
14.5 House Rules means the rules relating to the use of the Property that we provide to you with the Booking Summary.
14.6 Website means the website, available at www.thescoutgroup.com.au
The Scout Group ABN 44 697 972 663