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Booking Terms & Conditions
These Terms and Conditions regulate the short term accommodation between Utula and its guests, further details of which are outlined in the Accommodation Summary provided to guests on booking. Please take time to read this document carefully. It is the basis of the contract between you and us.
PARTIES
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THE GUEST as described in the Listing Particulars ("you")
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THE BUSINESS ENTITIES ("We" or "us")
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Utula, ABN 20 682 797 105
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OPERATIVE PROVISIONS
1. LICENCE
a. Utula is the agent of the owner of the Accommodation and is able to let the Accommodation to the Guest. These terms and conditions apply between you and Utula as agent of the owner relating to your occupation of the Accommodation.
b. You are granted a licence to occupy the Accommodation during the agreed period ("Licence Period") as set out in the Booking Summary. Your use of the Accommodation is for short term or holiday purposes.
2. BOOKING AND CANCELLATION
a. Booking
i. Unless otherwise agreed, no booking shall exceed 90 days and if a booking exceeds 90 days a lease will be drafted and will replace these terms and Conditions.
ii. To book the Accommodation, we require that you pay an initial deposit (the "Initial Deposit") of 50% of the full booking tariff followed by a balance payment (the "Balance") to be paid at least 30 days prior to your specified arrival date. If payment is not received within 14 days of the booking arrival date, we reserve the right to cancel the booking from that moment onward with no refund provided.
iii. If you make a booking within 30 days from your specified arrival date, you must pay the full amount at the time of booking.
iv. A refundable Security Bond is also required to be pre authorised on a card prior to your arrival. This is to cover any incidental breakages or other costs incurred as a result of your stay. This Security Bond will be automatically refunded to you within 14 days from departure of the Accommodation, pending a satisfactory final inspection of the Accommodation by us or Accommodation owners or their representatives following your departure.
v. 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.
vi. 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.
vii. Completion of a Guest Agreement is required prior to your arrival. This includes a photo ID verification which will be used to verify your identity at time of check in. Your Personal Information will be stored in a manner that protects it from misuse and loss and from unauthorized access, modification or disclosure. For full details see Utula Privacy Policy which is available on our website www.utula.com.au.
b. Payment
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 the balance is not received, you hereby authorise Utula to deduct such sums from the credit or debit card you have supplied.
iii. The Security Bond may be used for any repair and/or replacement of the Accommodation, furnishings, fixtures and fittings, any excess cleaning that may be necessary after your stay or payment of penalties for overstaying or breach of any house rules notified to you (“House Rules”). We will return the Security Bond to you following your departure, less any deductions in accordance with the conditions listed above.
c. Booking – Long Term Lease
i. The length of your initial booking exceeds a total period of 90 days in NSW, or 90 days in Queensland ('Extended Term'), or
ii. If you have an existing booking and you request an extension, resulting in your total booking period exceeding the Extended Term, then this Agreement is subject to Utula contacting you and you entering into such further or other agreements as may be required by legislation.
iii. In relation to any Extended Term stay, we are unable to confirm acceptance of your booking until such further or other agreements have been entered into by you by a licensed real estate agent.
You agree and understand that the nature of our engagement changes for Extended Term stays and we need to engage the services of a licensed Real Estate Agent to provide the services to you. You agree to comply with all directions and requirements of the licensed Real Estate Agent – failure to do so will result in the Extended Term stay request being declined.
v. 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 and we have confirmed acceptance of the cancellation or amendment.
ii. If you elect to cancel your booking, any money paid by you or on your behalf is not refundable. If you cancel within 30 days and have not paid your balance you will be liable for this payment and you authorise us to deduct these funds from your credit card.
iii. We will endeavour to re-let the Accommodation following your cancellation. If we are able to re-let the Accommodation for the whole or any part of the dates of your original booking, we will provide you with a non cash credit for an amount equal to the total accommodation fees we achieve (if any) for nights booked during the dates of your original booking (minus 20% plus GST for a booking fee). You may apply this non cash credit amount to book any Utula accommodation within 12 months from the date of cancellation of your original booking.
iv. If you amend your booking by giving us at least 90 days’ notice, we will endeavour to assist you in changing the dates for your accommodation (subject to availability additional costs may apply if accommodation rates differ). If less than 90 days' notice is given of your wish to amend your booking, any moneys paid by you or on your behalf for accommodation or other services are not refundable unless the Accommodation is rebooked for your original dates at accommodation rates not less than your original booking.
vi. Cancellations and Amendments – if caused by Us
i. The owners will make every effort to ensure the Accommodation 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 it 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).
d. BOOKING AND CANCELLATION – EXTENDED TERM STAY
a. The length of your initial booking exceeds a total period of 90 ('Extended Term'), or
b. If you have an existing booking and you request an extension, resulting in your total booking period exceeding the Extended Term, then this Agreement is subject to Utula contacting you and you entering into such further or other agreements as may be required by legislation.
c. In relation to any Extended Term stay, we are unable to confirm acceptance of your booking until such further or other agreements have been entered into by you, us and any third party. Any moneys paid to us prior to these agreements being entered into is held on trust and is refundable to you if the booking does not proceed.
d. You agree and understand that the nature of our engagement changes for Extended Term stays and we need to engage the services of a licensed Real Estate Agent to provide the services to you. You agree to comply with all directions and requirements of the licensed Real Estate Agent – failure to do so will result in the Extended Term stay request being declined.
e. FEES AND CHARGES
a. You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction. You also agree to pay 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. Additional services which you may book through Utula will be charged to you separately to your nominated credit card.
c. By accepting these terms you agree to pay the Accommodation Fees in full and you authorise Utula, or any third party nominated by Utula, 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 Utula, or any third party nominated by Utula, to deduct such sums from the credit or debit card details which you supplied when making the booking).
d. All transactions are processed in Australian Dollars.
e. All fees and charges will be collected by Utula, or any third party nominated by , and will be inclusive of GST. Deposit and bond fees are held in a Utula trust account.
f. SECURITY BOND Prior to the commencement of your stay at the Accommodation, Utula, or any third party nominated by Utula, will pre-authorise an amount from your credit card by way of a security bond. Utula, or any third party nominated by Utula, is entitled to make deductions from this pre-authorised amount in the event of any damage to the Accommodation or its contents or in the event of a late check-out or overstaying. Nothing in this clause limits our rights to recover damages over and above the amount of the Security Bond.
g. CHECK OUT The check-out time at the Accommodation is as stated in the Booking Summary. Unless you have agreed to an early check-in or a late check-out with Utula 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 the Accommodation Fee (calculated daily) plus an additional charge of $1,000.00 per day (or part thereof) for any unauthorised overstaying.
h. SAFETY AND CONDUCT
a. 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 & safety guidance included in the Guest Information Book at the Accommodation and you must listen to any instructions or explanations which are provided by Utula'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 Utula immediately.
c. You must comply with the House Rules and you must also comply with any building regulations and any reasonable directions of Utula.
d. 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.
e. 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. Utula will not allow any person other than the person named in the Booking Summary to access or occupy the Accommodation. In an invitee of yours is temporarily on the Property you are fully responsible for their conduct in all respects.
f. 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 $500.00 per night in respect of each unauthorised guest and the rental may be terminated immediately.
g. 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;
ii. 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;
iii. 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;
iv. not leave any obstruction outside of the Accommodation;
v. 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 Utula 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;
vi. not conduct any illegal or immoral activity from the Accommodation;
vii. 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 Utula;
viii. not make any alteration or addition whatsoever to the Accommodation or its contents;
ix. not use the Accommodation for any purpose other than for personal accommodation;
x. not invade the privacy of Utula 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 Utula (even if such information is already in the public domain);
xi. not have a party or gathering or more than 6 people, without the consent of Utula first being obtained. If the party or gathering results in excessive noise, any form of disturbance to neighbouring properties or any other behaviour Utula regards as disrespectful, it is at Utula’s 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).
xii. If you breach any other House Rule as displayed at the Accommodation during your stay, you agree to pay an additional fee of $5,000.00 and may 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 or any other locking device and you agree to pay a fixed charge of $500.00 for any breach of any tamper tape or device.
i. You hereby indemnify Utula and the Owner in respect of any costs, claims, liabilities or expenses suffered or incurred by Utula (or their agents) in respect of any breach of this Agreement.
g. PROPERTY DAMAGE
You must notify Utula 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. Utula will make the final determination as to whether the damage constitutes fair wear and tear in the circumstances.
a. If you do not notify Utula of any such damage you will be fully liable for such damage on a full replacement basis.
b. You will be charged at $50 per hour for a Utula contractor to manage the coordination of trades to repair damage caused as well as full amount of repair.
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 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.
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.
h. INSPECTION
a. Utula is authorised to enter the Accommodation for the purpose of assessing the need for repairs or maintenance of the Premises. You will be given at least 7 days’ notice of an upcoming inspection. In cases of emergency, we may enter into and inspect the premises at any time and carry out urgent repairs.
i. LIABILIY AND CLAIMS
To the extent permitted by law:
a. Utula 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 Utula's negligence or otherwise).
b. Utula'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 Utula or the owner for death or personal injury arising as a result of their negligence or the negligence of their agents or employees.
j. 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 Utula against any amounts that may be owed to you.
c. Utula will be entitled to sub-contract or delegate their obligations under this Agreement.
d. Utula 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.
c. 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.
d. 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.
c. These conditions are governed by and construed in accordance with the laws of Australia and the state in which the Accommodation is located. You agree to submit to the exclusive jurisdiction of that state.
e. If you breach these terms and conditions and Utula decides to take no action or neglects to do so, then Utula will still be entitled to take action and enforce their rights and remedies for any other breach.
f. Privacy Policy. Utula's full privacy policy is available to view on our Website. See www.utula.com.au for further details.