Terms & Conditions
Welcome to The Cutting
SHORT TERM LICENCE TO USE PROPERTY
212 Mountain Straight
Mount Panorama NSW 2795
Welcome to our property. We are glad to have you staying with us and we hope you enjoy your stay.
Please read this document, which sets out the rules for your use of the Property and forms the basis of your agreement with us.
The Property is owned and/or operated by S EDWARDS & N GREGORY (ABN 88 384 707 193)
The contact details for the Landlord are:
Phone: +61 400 396 355 or +61 412 444 461
This Agreement is between You and the Landlord.
(1) LICENCE TO USE PROPERTY
In consideration of the mutual benefits and obligations described in this Agreement, the receipt of which and the sufficiency of which are hereby acknowledged, the Licensor and the Guest hereby agree as follows:
(a) Subject to the terms of this Agreement, the Licensor grants the Guest a licence to use the Property, on the terms of this Agreement.
(b) Nothing in this Agreement prevents the Licensor from entering the Property at any time.
In this Agreement, the following definitions apply:
“Accommodation Fee” means the amount that the Guest is required to pay for the use of the Property, such amount being described in this Agreement or as specified by the Licensor.
“ACL” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).
“Agreement” means this Short Term Licence Agreement.
“Agreement Date“ means the date that the Guest makes the Booking or otherwise indicates the Guest’s acceptance of the terms of this Agreement.
“Booking” means the booking made by the Guest to stay at the Property in accordance with this Agreement.
“Arrival Date“ means the first date that the Guest is entitled under this Agreement to stay at the Property.
“Booking Term” means the period of time that the Guest is entitled to use the Property, subject to the terms of this Agreement, from the check-in time until the check-out time.
“Departure Date“ means the final date that the Guest is entitled under this Agreement to stay at the Property.
“Guest”, “Guests”, “You” or “Your” refers to the person making the Booking, and to all members of the Party that are staying at the Property under that Booking.
“Items” means the chattels and other items which the Licensor provides with the Property, including all carpets, floor coverings, doors, walls, windows, furniture, equipment, bedding, linen, towels, kitchen equipment, crockery, glasses, plates, white goods, electrical equipment, keys, key cards, remote controls and any other items at the Property.
“Licensor” means SUZI EDWARDS & NIGEL GREGORY (ABN 88 384 707 193)
“Party” means either the Guest or the Licensor.
“Property” means the following property:
212 Mountain Straight
Mount Panorama NSW 2795
“Reservation Date” means the date that the Booking was made.
“Us”, “We”, “Our”, or “the Licensor” refers to:
SUZI EDWARDS & NIGEL GREGORY
In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:
(a) Words referring to one gender include every other gender.
(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.
(c) Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.
(d) Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.
(e) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it.
(f) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
(g) All references in this Agreement to sums of money are references to Australian dollars.
(a) The Booking will be confirmed upon communication from the Licensor to the Guest that the Booking has been accepted.
(b) The Booking will not be confirmed until:
(I) the Licensor has received payment of fifty percent (50%) of the Accommodation Fee; and
(II) the Licensor has received payment of the Security Bond in full; and
(III) the Guest has validly agreed to the terms of this Agreement in the manner prescribed by the Licensor.
(c) Once the Booking has been confirmed, and full payment has been made of the Accommodation Fee and Security Bond, the Licensor grants the Guest a licence to use the Property, subject to the terms of this Agreement.
(5) SECURITY BOND
(a) The Guest must pay a security bond (“the Security Bond”) in the amount of $950 Australian dollars.
(b) The Security Bond must be paid in full by the following time:
At the time the booking is made.
(c) The Security Bond will be held until the termination or expiration of this Agreement.
(d) In the event that the Guest breaches a term of this Agreement, the Security Bond may be forfeited to the Licensor. The Licensor will determine, in the Licensor’s sole discretion, whether or not to return some or all of the Security Bond to the Guest.
(e) In the event that the Property is damaged, the Licensor may retain the Security Bond until such time as the damage can be assessed and/or repaired. Once the Licensor has determined the cost of repairs, any balance Security Bond which is not required to pay for repairs, may be returned to the Guest.
(f) Nothing in this Agreement prevents the Licensor from claiming additional compensation (in addition to the amount of the Security Bond) from the Guest in relation to any breach of this Agreement or in relation to any damage to the Property.
(g) The Guest hereby acknowledges and agrees that the Guest may be liable to the Licensor for any loss or damage that the Licensor suffers as a result of the Guest’s use of the Property, and that this liability is not limited to the amount of the Security Bond.
(6) PAYMENT FOR BOOKING
(a) In consideration for the Licensor allowing the Guest to use the Property in accordance with this Agreement, the Guest must pay an accommodation fee (“the Accommodation Fee”) of $1,950 Australian dollars per night during NON-RACE weeks or $3,500 Australian dollars per night during a “RACE week”. A “RACE week” is defined as minimum 7 day period during four events held at Mount Panorama Racing Circuit and are: Bathurst 1000, Bathurst 12 hour, Bathurst 6 Hour, Bathurst International and Challenge Bathurst.
(b) The Accommodation Fee must be paid in full at the time of booking.
(c) If the Guest wishes to use the Property for a wedding event or some other event, acceptable to the Licensor, which may or may not include accommodation, the fee payable to the Licensor shall be as mutually agreed upon by the Licensor and the Guest, in writing prior to the Booking being made and after full details of such wedding or event are provided to the Licensor, and the Licensor has agreed to such wedding or event being held at the Property. The specific details of the wedding or other event, including the type of event, the number of guests, the use of additional items such as marquees, extra costs for all items including electricity, septic and rubbish, the arrangement in respect of alcohol (either provision of alcohol by the Licensor or the Guest bringing their own, with both subject to “responsible service of Alcohol Rules” including with respect to bar staff ), the total costs to be paid for the wedding or other event and any other related matters, are to be set out in an Annexure ’A’ annexed to this Agreement and executed by both the Licensor and the Guest.
(6A) RACE WEEK EVENTS
6A.1 The Guest, comprising all members of the Party staying at the Property for any of the Race Weeks must adhere to all Bathurst Council and motor sport event organisation regulations, rules and any conditions, which include
(a) Every Guest is required to have a Ticket for the race car event to enter or leave the Property, and every guest’s car must have a car permit sticker to enter or leave the gate entry via the rear of the Property.
6A.2 The Guest will, unless otherwise mutually agreed in writing, be required to hire the viewing platform for the Race Events and pay the required fee.
(7) BOOKING DATES
The Arrival Date and Departure Date for the Booking may be recorded elsewhere (for example in a booking confirmation email) and are as agreed between the Licensor and the Guest.
Guests may check-in to the Property from the following time on the Arrival Date: 2.00 pm
(a) Guests must check-out of the Property by the following time on the Departure Date (“the Check-Out Time”): 10.00 am
(b) In the event that Guests do not vacate the Property by the Check-Out Time, a late check-out fee of $950 Australian dollars will apply.
(10) CLEANING FEE
(a) In addition to the Accommodation Fee, the Guest must pay a fee for cleaning of the Property (“Cleaning Fee”) which will be determined as follows:
Property is cleaned once after Guest’s departure, and may also be cleaned upon request by the Guest during the Guest’s stay at an additional cost.
(b) Nothing in this Agreement prevents the Licensor from claiming additional costs from the Guest in the event that the Cleaning Fee is insufficient to cover the costs of cleaning and/or repairs which have been necessitated by the Guest.
(11) CANCELLATION BY GUEST
(a) In order to cancel a Booking, the Guest must contact the Licensor in the following way:
Phone: +61 400 396 355
(b) All cancellations incur a cancellation fee of $50 Australian dollars if cancelled greater than 42 days of the Arrival Date
(c) In addition, for any Bookings which are cancelled within 42 days of the Arrival Date, the following procedure will apply:
If we receive written notice of cancellation less than six (6) weeks prior to the date of commencement of your holiday and we are successful in finding guests to fill your place at “The Cutting” you will be released from the liability for the full balance of hire but a $50 administration will be charged.
(12) CANCELLATION BY LICENSOR
In the unlikely event that the Licensor has to cancel or alter the Booking (for example, due to fire or other damage to the Property), the Licensor will:
(a) advise the Guest at the earliest opportunity about the cancellation or alteration of the Booking; and
(b) make all reasonable efforts to accommodate the Guest, on terms that are acceptable to the Guest, in any other rental property available to be licensed that the Licensor owns or controls, or on any other dates that the Property may be available; and
(c) if the Licensor is unable to accommodate the Guest in accordance with the preceding sub-clause hereof, then the Licensor will refund to the Guest any money which the Guest has paid to the Licensor under this Agreement, including any Accommodation Fee, any Deposit, and any Security Bond.
(13) NUMBER OF GUESTS
The maximum number of persons who may occupy the Property is 18.
Children are permitted on the Property, however Guests are responsible for the actions of any and all children in their group, and must take all reasonable steps to ensure that the children comply with the Guest’s obligations under this Agreement.
(15) NO SMOKING
Smoking is strictly prohibited inside the Property.
(16) NO PETS
(a) Guests are strictly prohibited from bringing onto the Property or the surrounding grounds any pet or animal without the prior written consent of the Licensor.
(b) In the event that the Licensor consents to the Guest bringing a pet or animal onto the Property, the Guest is fully responsible for any pets or animals which the Guest brings onto the Property, and will cooperate with the Licensor in taking any reasonable steps to minimise the risk of harm, loss or damage that the pet or animal may cause to the Property or to the Licensor.
(17) NO NUISANCE
(a) Guests must not do anything which may be reasonably considered to cause a nuisance or annoyance, whether to the Licensor or to anybody else.
(b) In the event that Guests cause an unreasonable nuisance or annoyance, that police are called in relation to a nuisance or annoyance that is caused by the Guests, or complaints are otherwise made about a nuisance or annoyance which is caused by the Guests, the Licensor reserves the right to immediately terminate this Agreement and upon such termination the Guests will have to vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Licensor under this Agreement following such termination.
(a) Guests must consider neighbours and any other persons within proximity of the Property and must not create excessive noise, whether by loud music or otherwise.
(b) In the event that neighbours or other persons are disturbed by excessive noise, police are called for excessive noise, or complaints are otherwise made about excessive noise which is caused by the Guests, the Licensor reserves the right to immediately terminate this Agreement and upon such termination the Guests will have to vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Licensor under this Agreement termination.
The following curfew applies to Guests and their invitees or other occupants:
We want you to enjoy your stay but please be aware of the impact of your noise on others and keeping our neighbours happy is of paramount importance. Noise and music should not impact any other property and noise levels are to be respectful at all times. There is to be no outdoor music or outdoor entertaining after 10.00 pm. Noise complaints will result in bond deductions and possible termination and eviction
No use of pool between 10.00 pm and 7.00 am on any day.
(20) PROPERTY USE
(a) The Property may be used for short term residential accommodation.
(b) The Property may not be used for any parties, gatherings, weddings or other functions without the prior written approval of the Licensor.
(c) The Property may not be used for any commercial purposes or other events without the prior written approval of the Licensor.
(d) The Property may not be used for any other purposes than short term residential accommodation without the Licensor’s express written permission.
(e) This Clause 20 is subject to Clause 6(c) preceding.
(21) CONDITION OF THE PROPERTY
(a) Guests must leave the Property including all carpets, floor coverings, doors, walls, windows, furniture, equipment, bedding, linen, towels, kitchen equipment, crockery, glasses, plates, white goods, electrical equipment, keys, key cards, remote controls and any other items at the Property (“Items”) in a clean, neat and tidy condition having regard to their condition at commencement of the Agreement.
(b) Guests must not damage the Property and must not damage, remove or lose any Items in the Property.
(c) Guests must immediately notify the Licensor of any issues with or damage or loss to the Property or any Items.
(d) Before vacating the Property, Guests must clean any dishes, remove any food from refrigerators and deal with rubbish as directed by the Licensor, either by placing it in bins provided or by removing it from the Property, and leave the property in a neat and tidy condition.
(e) The Guests hereby acknowledge and agree that the Cleaning Fee provided for in this Agreement is a nominal cleaning fee which may not cover all of the Licensor’s costs in the event that the Guests do not leave the Property in a clean, neat and tidy condition as required by this clause.
(f) The Guests hereby acknowledge and agree that in the event that the Guests do not leave the Property in a clean, neat and tidy condition as required by this clause, or in the event that the Guests damage the Property or damage, remove or lose any Items, the Licensor may charge an additional fee (in addition to the Accommodation Fee, the Cleaning Fee and any other fees provided under this Agreement).
(a) Guests must take all reasonable and necessary steps to safeguard the Guests’ personal property.
(b) The Guests and/or any other occupants or invitees of the Guests use the Property at their own risk.
(c) Guests must exercise due care at and around the Property including, without limitation, observing any safety directions, instructions or signage and looking out for the safety and wellbeing of themselves, all other Guests, all invitees and occupants of the Property or any other persons.
(d) The Guests hereby acknowledge and agree that to the maximum extent permitted by law, the Licensor will not be held liable for any loss, injury, or any loss or damage to property (“Loss”) which the Guests and/or any other occupants or invitees of the Guests or any other persons may suffer in connection with the Guests’ use of the Property, unless that Loss is caused by the Licensor’s negligence.
(e) The Guests may have certain rights under the Australian Consumer Law (“ACL”), or under other similar or related consumer protection laws.
(f) The ACL (or any other similar or related consumer protection laws) may give the Guests certain rights, warranties, guarantees and remedies regarding the provision of services by the Licensor, which cannot be excluded, modified or restricted by the Licensor (“Statutory Rights”).
(g) The Licensor’s liability to the Guests is governed solely by any applicable laws (such as the ACL and any other similar or related consumer protection laws) and by this Agreement.
(h) To the maximum extent permitted by law, the Licensor excludes all conditions and warranties implied by custom, law or statute, except for the Guests’ Statutory Rights, and the Licensor expressly disclaims all warranties of any kind.
(i) The Guests hereby agree that the Guests are solely responsible for determining whether the Property is fit for the Guests’ purpose.
(j) When the Guests’ Statutory Rights apply, to the maximum extent possible, the Licensor’s liability in respect of any claim is limited to, at the Licensor’s option:
(I) the supply of the Booking again; or
(II) the payment of the cost of having the Booking supplied again
(k) The Licensor’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(l) This clause will survive termination, expiration or completion of this Agreement.
(a) The Guests hereby indemnify and keep indemnified the Licensor and any of the Licensor’s employees, agents, subcontractors, representatives or affiliates (each hereinafter being referred to as an “Indemnified Party”) against any and all loss, damage, claim, demand or liability whatsoever (whether criminal or civil) and any and all legal and other fees and costs incurred by the Licensor resulting from:
(I) the Guests’ use of the Property or anything provided under this Agreement;
(II) any transaction, contract, event or matter arising from or connected with the Guests’ use of the Property; or
(III) the relationship between the Licensor and the Guests.
(b) The Guests shall not be liable under the indemnity given under this clause where a court of competent jurisdiction, giving a final judgment, holds that any loss, damage or liability is the result of the gross negligence, wilful misconduct or bad faith of an Indemnified Party.
(c) This clause will survive the termination or expiration of this Agreement.
The Guests hereby warrant that they will compensate the Licensor for any harm, loss or damage which the Licensor suffers as a result of the actions of the Guests, or of any invitees of the Guests and/or of any other occupants of the Property. This includes but is not limited to harm, loss or damage to the Property or to the Items, or any lost income which the Licensor suffers as a result of being unable to provide the Property to subsequent guests.
(25) PROBLEMS WITH THE PROPERTY
(a) In the event that there is a problem with the Property, Guests should contact the Licensor on 0400 396 355 or 0412 444 461.
(b) Guests will not be entitled to a refund in the event that there are problems with the Property including but not limited to problems with television, stereo, fridge, wifi, other appliances, plumbing, electrical systems, or lights.
(a) Any breach or anticipated breach by the Guests of any of the terms of this Agreement will permit the Licensor to enter the Property, to cancel or alter the Booking and/or to remove the Guests from the Property.
(b) In the event that a Booking is cancelled or the Guests are removed from the Property, the Guests will not be entitled to a refund of any money paid under this Agreement.
(27) APPLICABLE LAW
This Agreement is subject to the laws of New South Wales and each Party submits to the jurisdiction of the courts of New South Wales.
If any clause or sub-clause of this Agreement is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances the remaining provisions of this Agreement shall continue in full force and effect.
(29) SURVIVAL OF OBLIGATIONS
At the termination or expiration or Completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which explicitly state that they will survive termination or expiration.
(30) PAYMENT INSTRUCTIONS
Payment of any amounts under this Agreement may be made in the following manner:
By direct deposit.
(31) RESPONSIBLE ADULT
(a) The person who enters this Agreement as the Guest will be nominated as the primary point of contact and the person responsible for managing the Booking on behalf of all of the Guests (“the Responsible Adult”).
(b) The Responsible Adult warrants that he or she is at least 18 years of age.
(c) The Responsible Adult warrants that he or she is authorised to enter this Agreement on behalf of all of the Guests that the Booking relates to.
(d) The Responsible Adult warrants that the information he or she has provided to the Licensor is accurate and complete, including but not limited to the information that the Licensor has provided about the number of additional Guests that will be staying at the Property, and the names of all other Guests.
(e) The Responsible Adult must ensure that all of the Guests as well as any invitees of the Guests, and any persons who occupy or attend the Property during the Booking Term or for any part of the Booking Term, understand and agree to this Agreement, and comply with all of the Guest’s obligations under this Agreement.
By making a Booking to stay at the Property the person making the Booking confirms that all Guests have had the opportunity to read and understand the terms of this Agreement and they agree to be bound by this Agreement. Acceptance of these terms is made by the Guest by making payment of the Security Bond and the Accommodation Fee.