Booking Terms & Conditions

These Terms and Conditions (“Terms”) regulate the short-term accommodation between The Melbourne Collection and its guests, further details of which are outlined in the Booking 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

· THE GUEST as described in the Booking Summary ("you" or “Guest”)

· The Melbourne Collection, ABN 196 588 770 28 (“The Melbourne Collection” "We" or "us")

Operative Provisions

These Terms

1. When you complete your booking, you accept these Terms and any other terms you are provided with during the booking process

2. A contract is formed between us on these Terms when you receive the payment confirmation email from us as described in clause 13

3. Bookings can only be made by people who are 25 years or older

License

1. The Melbourne Collection is the agent of Real Estate Analytics Australia ACN 658 877 028 and is permitted to let the accommodation described in the Booking Summary (“Accommodation”) to the Guest. These terms and conditions apply between you and The Melbourne Collection as agent of the Real Estate Analytics Australia in the state in which the Accommodation is based and relate to your occupation of the Accommodation, the details of which are set out in the Booking Summary (“Booking”).

2. You are granted a licence to occupy the Accommodation during the agreed period ("Licence Period") as set out in the Booking Summary. You agree that your use of the Accommodation is for short term or holiday purposes only.

3. Unless otherwise agreed, no booking will exceed 90 days. If you wish to extend your booking beyond 90 days clause 29 of these Terms will apply.

Booking & Payment

1. You agree to pay the Booking fees to The Melbourne Collection as set out in the Booking Summary (“Booking Fees”) without deduction.

2. You should carefully check the details of the Booking Summary before making a payment to us, as well as the confirmation email we send and inform us immediately of any errors or omissions.

3. To book Accommodation, we require that you pay an initial deposit (the "Initial Deposit") of 50% of the full Booking Fee followed by a balance payment (the "Balance") to be paid at least 30 days prior to your booking arrival date. If payment of the Balance 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.

4. If you make a Booking within 30 days from your Booking arrival date, you must pay the full amount at the time of booking.

5. A refundable security bond in the amount set out in the Booking Summary (“Security Bond”) is also required to be pre-authorised on a valid credit card prior at the time of the Booking. You agree that we may apply all or any part of the Security Bond to cover incidental breakages or other costs incurred as a result of your stay at the Accommodation, including 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 pending a satisfactory final inspection of the Accommodation by us or the Accommodation owners or their representatives.

6. Nothing in these Terms limits our rights to recover damages from you over and above the amount of the Security Bond.

7. Once the Initial Deposit or full payment has been received, you will receive an email confirming your Booking.

8. The Booking Fees set out in the Booking Summary are for Accommodation only. Additional services which you may book through The Melbourne Collection will be charged to you separately to your nominated credit card

9. If you fail to turn up to a Booking or check-in then you forfeit 100% of the Booking Fee (and you hereby authorise The Melbourne Collection, or any third party nominated by The Melbourne Collection, to deduct such sums from the credit or debit card details which you supplied when making the Booking).

10. If you are checking in or out on a public holiday in the state in which the Accommodation is located a surcharge of $500 plus GST is added to the Booking Fee. If the check-in & check-out dates both fall on public holiday, the surcharge will be $1,000 plus GST to account for both days.

11. All payments must be made in Australian Dollars.

12. All fees and charges will be collected by The Melbourne Collection, or any third party nominated by The Melbourne Collection, and will be inclusive of GST

13. You irrevocably authorise us to charge all amounts payable to us under these Terms to the credit card we hold on file for you, including any Balance amount that is not paid when due.

14. Completion of a Guest Agreement [RCL5] is required prior to your arrival. This requires you to provide 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 unauthorised bookaccess, modification or disclosure and otherwise in accordance with the The Melbourne Collection Privacy Policy. For full details see The Melbourne Collection Privacy Policy which is available on our website www.themelbournecollection.com.au.

15. All amounts payable by you under these Terms are exclusive of GST, unless otherwise specified.

Cancellation and Amendments – if caused by YOU

1. 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.

2. If you cancel your Booking, any money paid by you or on your behalf towards the Booking is not refundable unless clause 25 of these Terms applies. If you cancel within 30 days from the Booking 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 credit card.

3. 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 for the whole or any part of the dates of your original Booking, we will provide you with a refund equal to the total accommodation fees we achieve (if any) for nights booked during the dates of your original Booking minus 20% of the total re-booked fees which you agree we may retain as a booking fee.

4. f 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 moneys paid by you or on your behalf for Accommodation or other services are not refundable unless we are able to re-book the Accommodation on your original Booking dates at rates not less than your original Booking

Cancellation and Amendments – if caused by US

1. We make every effort to ensure the Accommodation is available as booked. However 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 the change 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 for travel, entertainment, activities or insurance).

Checkout

1. If you overstay by more than 2 hours from your check out time specified in the Booking Details then we reserve the right to enter the Accommodation, remove your belongings, change the locks to the Accommodation and take such further actions as may be necessary (and we will charge you for the costs of any such action). You will also be liable for the Booking Fee (calculated daily) plus an additional charge of $1,000.00 per day (or part thereof) for any unauthorised overstaying.

Safety & Conduct

1. 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 The Melbourne Collection staff when showing you around the Accommodation.

2. If you become aware of anything during your stay which you believe is a health & safety risk you must inform The Melbourne Collection immediately.

3. You must comply with the House Rules and you must also comply with any local government regulations, building regulations and any reasonable directions of The Melbourne Collection.

4. 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.

5. 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. The Melbourne Collection 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.

6. 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.

7. In addition to complying with the Membership Rules and 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 The Melbourne Collection 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 The Melbourne Collection;

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 The Melbourne Collection 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 The Melbourne Collection (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 The Melbourne Collection first being obtained. If the party or gathering results in excessive noise, any form of disturbance to neighbouring properties or any other behaviour The Melbourne Collection regards as disrespectful, it is at The Melbourne Collections’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).

8. 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.

9. 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.

Noise Restrictions

1. All Accommodation provided by us has a firm “no party” policy at any time. Sound travels to the neighbours easily and as such, noise levels are to be respectful at all times of the day and no music or outdoor entertaining whatsoever after 10pm.

2. If we receive a noise complaint and security is called to the Accommodation and they deem the noise levels from the street disruptive to the neighbourhood, 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 6pm – 6am and will be charged at cost (minimum charge $250 per call out).

3. Multiple noise complaints may result in you being asked to vacate immediately with no refund of remaining tariff or bond.

4. Guests must at all times comply with all applicable State or Territory Codes of Conduct or regulations which apply to short stay accommodation including the Mornington Peninsula Shire Short Stay Accommodation Code of Conduct in Victoria (“Applicable Codes”). If you fail 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 Damage

1. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees in relation to overstaying or breach of House Rules

2. You must immediately notify The Melbourne Collection of any damage to the Accommodation, contents, fixtures or fittings which occurs during the Licence Period, even if you regard the damage as fair wear and tear or if you do not believe the damage is your fault. The Melbourne Collection will make the final determination as to whether the damage constitutes fair wear and tear in the circumstances.

3. If you do not notify The Melbourne Collection of any such damage you will be fully liable for such damage on a full replacement basis.

4. You will be charged at $55 per hour for a The Melbourne Collection contractor to manage the coordination of trades to repair damage caused as well as full cost of repair.

5. 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.

Pets

1. If the Accommodation is marketed as 'pets considered', an application needs to be submitted, including pet age and breed, for written approval. The Melbourne Collection has the right to approve or deny any pet request at its discretion.

2. A maximum of 2 dogs is allowed at the property at any time.

3. A pet fee of $225 per animal will apply for each Booking.

4. You are fully responsible for the safety of your pet. Please be aware that snakes, ticks and natural wildlife may be present in the area.

5. Pets must remain on the Accommodation at all times and must not be allowed to wander into neighbouring properties. If a property is unfenced, it is the guest’s responsibility to ensure that the pet is properly restrained at all times.

6. You agree to give your pet a flea treatment before your arrival.

7. Dogs are not permitted on any furniture. You must supply your own dog bed.

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

9. You must clean up all dog mess in the garden before your departure. If The Melbourne Collection staff are required to clean up any dog mess, cleaning up charges will be deducted from your Security Bond.

10. Dogs may be left unattended in a secure back yard only if you can ensure they do not bark. Noise complaints from neighbours about barking dogs may result in Security Bond deductions or you being asked to vacate.

11. You will hose down areas of grass where dogs have urinated.

12. You are not to bring a dog that is vicious, an excessive barker or classified as a “Dangerous dog” as defined in the Companion Animals Act 1998.

Inspection

1. The Melbourne Collection is authorised to enter the Accommodation for the purpose of assessing the need for repairs or maintenance of the Accommodation. You will be given at least 48 hours’ 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.

Termination

1. We may terminate your Booking during the Licence Period if you breach these Terms, and if the breach is capable of remedy, you do not remedy the breach within 12 hours of our notice to you to remedy the breach (which may be given by email or text message).

2. If your Booking is terminated in accordance with clause 63 you must immediately vacate the Accommodation, you forfeit all 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 result of such termination.

Liability & Claims

1. To the extent permitted by law The Melbourne Collection 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 breach of these Terms, the Accommodation or the Booking (whether such loss arises as a result of The Melbourne Collection’s negligence or otherwise).

2. The Melbourne Collection’s liability for all losses (with the exception of personal injury or death arising as a result of The Melbourne Collection’s 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.

3. Nothing in these Terms limits or excludes the liability of The Melbourne Collection for death or personal injury arising as a result of its negligence or the negligence of its agents or employees.

4. You acknowledge and agree that you are responsible for your conduct and activities carried out at the Accommodation and you release The Melbourne Collection 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 The Melbourne Collection.

5. You indemnify and will keep indemnified The Melbourne Collection 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.

Content on our Website

1. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

2. We make no guarantee or representation that the Accommodation (including the furnishing and styling of the Accommodation and any specific features of the Accommodation) will be presented in the same manner as that appearing on our website or other marketing material at the time of Booking.

3. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

4. We may, from time to time and without notice, change or add to the website (including these Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

5. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us over the website is transmitted strictly at your own risk. Without limiting the foregoing, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

6. This website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained.

7. We are not responsible for the content or privacy practices associated with Linked Websites.

8. Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless expressly stated otherwise.

Cookies

1. Cookies are small pieces of information that your browser stores on your computer hard drive. We may use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the website.

Copyright

1. Copyright in the text, graphics, user interfaces, photographs, images, logos, icons, sounds, music, sound recording, computer code, and software of this website (“Content”) and the design, structure, selection, coordination, colour combinations, layout, expression, look and feel, and arrangement of such Content, is owned or licensed by us. Content procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Terms, you may not in any form or by any means:

a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of any Content on this website; or

b. commercialise any information, products or services obtained from any part of any Content on this website,

c. without our prior written permission or, in the case of third party material, from the owner of the copyright in that Content.

2. Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

3. If you believe you own the copyright in any work that has been displayed on the website without your permission, please contact us and the matter will be investigated.

Trademarks

1. Except where otherwise specified, any word or device used on this website as a trade mark is a registered or proprietary trade mark.

2. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

a. in or as the whole or part of your own trade marks;

b. in connection with activities, products or services which are not ours;

c. in a manner which may be confusing, misleading or deceptive;

d. in a manner that disparages us or our information, products or services (including this website); or

e. without our prior written permission.

Unacceptable Activity

1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

a. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

b. using this website to defame or libel us, our employees or other individuals;

c. using any device, software or method to interfere (or attempt to interfere) with the proper functioning of this website or any transaction being conducted on the website, or with any other person’s access to or use of this website;

d. uploading files that contain viruses that may cause damage to our property or the property of other individuals; or

e. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

2. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

General

1. We reserve the right to amend these Terms from time to time. Amendments will be notified on the website. Your continued use of the website following such notification will represent an agreement by you to be bound by the amended Terms.

2. You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you owe to The Melbourne Collection against any amounts that may be owed to you.

3. The Melbourne Collection will be entitled to sub-contract or delegate its obligations under these Terms.

4. The Melbourne Collection 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.

5. These Terms including 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.

6. 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.

7. These Terms 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.

8. If you breach these Terms and The Melbourne Collection decides to take no action or neglects to do so, then The Melbourne Collection will still be entitled to take action and enforce their rights and remedies for any other breach.

9. We understand that you value your privacy and wish to have your personal information kept secure. You can view the full text of our Privacy Policy and Privacy Collection Notice, which sets out how we collect and deal with your personal information at Privacy policy or upon request from us.

10. If you would like any further information about our privacy policies or practices, please contact us at contact@themelbournecollection.com.au.

11. A Damage Waiver will be taken at the time of booking which may be used to cover you for accidental damage or accidental breakages up to the value of $1,000. The damage waiver will not cover additional rubbish removal, additional cleaning required including bbq or pool cleaning, negligent damage or breakage, theft or removal of property, replacement of keys, damaged artwork or any other outstanding balances.

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