Guest Agreement - between Guest & Host
Guest Agreement - between Guest & Host
1.1. This is an agreement (“agreement”) between the guest and the host relating to the occupation by the guest of the host’s accommodation which has been booked by the guest in accordance with the terms of service and is as detailed in the booking confirmation.
1.2. For the avoidance of doubt nomadic hotels australia (“the origins”, “origins guide” is not a party to this agreement.
2.1. The definitions set out in the terms of service apply in this agreement.
2.2. The terms of this agreement are important and legally binding on guests and hosts and should be read thoroughly.
2.3. Any obligation on the guest not to do any act or thing shall include an obligation not to permit or allow that thing to be done.
3. Licence to occupy the accommodation
3.1. Subject to the terms of this agreement, the host permits the guest to occupy the accommodation for the period stated in the booking confirmation for the purpose of holiday or short-term occupation.
3.2. The host and the guest agree that the guest occupies the accommodation as a licensee and that no relationship of landlord and tenant is created by this agreement or otherwise.
4. Host’s obligations
The host agrees and confirms that:
4.1. They have the right to grant a licence to occupy the accommodation on the terms set out in this agreement;
4.2. By entering into this agreement they will not breach any other agreement relating to the accommodation (including the terms of any lease in relation to the accommodation);
4.3. Should any additional consents be required or costs and/or taxes be payable in order to grant the guest the licence to occupy, these shall be the host’s
responsibility (provided that, if necessary, the guest has provided the host with the relevant information);
4.4. The description of both the accommodation and additional services in the accommodation listing is true, accurate and not misleading in any material respect;
4.5. The accommodation complies with applicable laws and regulations as appropriate for the guest’s holiday or short-term occupation (including all relevant laws as defined in the terms of service);
4.6. They will comply with all relevant health and safety requirements, for example smoke alarms;
4.7. They will contact the guest using the telephone number (if any) and email link provided on the booking confirmation;
4.8. The accommodation will be clean, sanitary and free from rubbish on check-in with clean bedding and bathroom towels;
4.9. All essential appliances in the accommodation (including all appliances referred to in the description in the accommodation listing) shall be in full working order;
4.10. If they receive notification from the guest of a problem with the accommodation either on check-in or during the guest’s stay they will take the steps necessary to remedy the situation as set out in clause 7 “complaints and dispute resolution” of the terms of service; and
4.11. Not to disclose the guest’s identity or address to others under any circumstances, unless agreed by the guest.
5. Guest’s obligations
The guest agrees:
5.1. To pay to the host (through the origins guide as the host’s collection agent) and to the origins guide, in accordance with the provisions of the terms of service, the accommodation charges and the origins service fee together with any other fees, taxes and charges specified in the booking confirmation or which are otherwise notified to the guest by the origins guide;
5.2. That if there are any problems with the accommodation at check-in or during the stay they will follow the procedures set out in clause 7 “complaints and dispute resolution” in the terms of service;
5.3. Not to occupy the accommodation other than as personal accommodation for holiday or short-term occupation;
5.4. That the maximum number of people and animals occupying the accommodation will be the number of guests and animals stated in the booking confirmation and that the host has the right to refuse entry on check-in if there are more than the specified number of guests and/or animals and that in this situation it will be a deemed cancellation by the guest and the host’s applicable cancellation policy shall apply;
5.5. Not to do or permit anything to be done which may be a nuisance, annoyance or disturbance to, or be abusive or discriminatory to the host or any owner or occupier of neighbouring property;
5.6. Not to cause or permit any damage to the accommodation (other than reasonable wear and tear);
5.7. That they will observe any house rules specified in the accommodation listing and/or notified to the guest before or on arrival at the accommodation;
5.8. That they will read and follow any instructions (including health and safety guidance) provided by the host;
5.9. To contact and notify the host immediately upon becoming aware of anything that might put health and/or safety at risk and if the host is not contactable to contact and notify the origins guide;
5.10. Not to conduct any illegal or immoral activity at the accommodation (including the taking of illegal drugs);
5.11. To leave the accommodation and any of the host’s personal property at the accommodation clean and tidy at the end of the stay and in the condition it was in when they arrived;
5.12. That they are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom the guest invites to, or otherwise provides access to, the accommodation, excluding the host (and the individuals the host invites to the accommodation, if applicable);
5.13. That they will not bring any animals into the accommodation (unless previously agreed with the host);
5.14. Not to access cupboards, drawers or rooms which have been sealed with tape or locked;
5.15. Not to move furniture;
5.16. That they will contact the host using the telephone number (if any) and email link provided on the booking confirmation ;
5.17. Not to disclose the host’s identity or address to others under any circumstances, unless agreed by the host;
5.18. That the host is entitled to visit the accommodation on prior notice (except in case of emergency) and to permit the host (or an agent of the host) access:
a. In the event that the host reasonably suspects a breach of this agreement; or
b. In order to fulfil the host’s obligations under this agreement and the terms of service (in which case the host will endeavour to provide the guest with at least 24 hours’ notice); or
c. Upon request of the guest.;
5.19. Not to transfer this licence to occupy the accommodation to anyone else without the prior consent of the host;
5.20. That where the guest has booked the accommodation on behalf of themselves and one or more additional guests (“additional guests”), the guest has made the additional guests aware of the terms of this agreement and any house rules applicable to the booking and the guest confirms that it will ensure that such additional guests will comply accordingly. If an additional guest is a minor then the guest warrants and confirms that they are legally authorised to act on behalf of the minor; and
5.21. Not to do or omit to do anything which could invalidate all or part of the host’s insurance policy.
6. Damage to the accommodation and security deposit
6.1. If the accommodation (or any part of it) or any of the host’s personal property is damaged during the stay, beyond reasonable wear and tear, the guest:
6.1.1. Must immediately notify the host (or the origins guide if they can’t contact the host); and
6.1.2. Will be liable in full for the costs of that damage.
6.2. The guest confirms that if there is damage to the accommodation or any of the host’s personal property (over and above fair wear and tear) and/or if the accommodation is heavily soiled so as to require in the host’s reasonable opinion additional cleaning (for instance an industrial clean) then the host may authorise the origins guide to make appropriate deductions from the security deposit as set out in clause 5 “charges fees and payments” of the terms of service.
6.3. If the charges for damage or cleaning are in excess of the security fee collected the guest will remain liable for the difference. The amount owing will either be collected directly by the host or origins guide (as payment collection agent)
7.1. The guest agrees that they will vacate the accommodation at the check-out time as detailed in the booking confirmation. The guest acknowledges and agrees that if they do stay past the stipulated check-out time without the host’s consent:
7.1.1. The guest will be in breach of this agreement and the host (or an agent on the host’s behalf) can require you to leave; and
7.1.2. The guest will pay to the host an overstay fee in accordance with the terms contained in clause 4 “booking homes with origins guide” in the terms of service.
8. Complaints and disputes
8.1. The guest and the host agree with each other that if either of them has a complaint, problem or dispute in relation to the booking, accommodation and/or the guest’s stay then they will follow the procedures set out in clause 7 “complaints and dispute resolution” of the terms of service.
9.1. This agreement shall end on the earlier of:
9.1.1. The date and time when the guest checks out of the accommodation; or
9.1.2. The expiry of any period specified in a notice of breach given by the host to the guest (provided that the guest must have been given a reasonable period to remedy a remediable breach). If there is a repudiatory breach by the guest then the host may give notice to the guest to terminate immediately.
10.1. The guest acknowledges and agrees that, subject to the provisions of clause 10.3 below, the host shall not be liable to the guest for:
10.1.1. The death of or injury to the guest including additional guests or invitees to the accommodation;
10.1.2.Damage to any property of the guest or the additional guests or invitees to the accommodation; or
10.1.3. Any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the guest or additional guests or invitees to the accommodation in the exercise of the right to occupy the accommodation under the terms of this agreement.
10.2. The host’s liability to the guest for all losses shall not exceed the accommodation charges paid by the guest for the booking plus any fees or payments that the guest paid for additional services when they made their booking.
10.3. Nothing in this clause limits or excludes the liability of any party for death or personal injury caused by its negligence (or the negligence of its agents or employees) or for fraud.
11.1. This agreement constitutes the entire agreement between the guest and the host and any other terms, conditions or prior representations whatsoever shall be of no effect unless expressly set out in or are incorporated into this agreement (for the avoidance of doubt terms that are incorporated include but are not limited to the provisions of the terms of service, the host’s applicable cancellation policy and house rules).
11.2. If any term of this agreement is found to be void or unenforceable by any court or authority of competent jurisdiction or is not permitted under local laws (as defined in the terms of service), then all other provisions of this agreement will remain in full force and effect and will not in any way be impaired provided the parties agree a replacement provision which is as close as is legally permissible to the provision found invalid or unenforceable.
11.3. This agreement does not confer any rights on any person or party (other than the parties to this agreement).
11.4. The host shall be entitled to sub-contract or delegate its obligations under this agreement without the consent of the guest, provided that the host continues to remain ultimately responsible for the performance of those obligations.
11.5. This agreement and any non-contractual obligations arising out of or in connection with it is governed by and is to be construed in accordance with the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
11.6. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of Australia.
11.7. Neither party shall be entitled to issue proceedings against the other party or initiate a chargeback on the payment card until the expiry of any mediation and/ or arbitration proceedings carried out in accordance with clause 7 “complaints and dispute resolution” in the terms of service.
Last updated on: 11th August 2020