GENERAL TERMS & CONDITIONS
The Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date by and between the undersigned person(s) (the “Guest”) and the operator being Jacaranda Foundation (“Operator") pursuant to which the Guest has agreed to rent the residence described above (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
The booking for the property is to be made in the name of the Guest who will be residing in a dwelling on the property at 158 Teutoberg Avenue, Witta or a guest who will be taking responsibility for a group of guess who will be visiting and residing at the property. Full names of all guests residing at the property are to be provided to the Management of Jacaranda Cottages prior to arrival. The keys need to be collected and signed for by the guest who is making the booking. We will require photo ID, your full residential address, contact numbers, email address and your vehicle registration number.
Guest agrees that no more than the maximum number of persons stated for the cottages booked shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. The operator shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Operator shall not be held responsible for such item’s failure to work but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the property in clean and sanitary condition at all times.
GRASS AND GARDEN AREAS
PLEASE DO NOT PARK on any Grass and/or Garden Areas on the property. There are designated car parking space available for each cottage (2 per cottage).
The swimming pool is available to all guests residing on the property. No glass is to be taken into the swimming pool area. There is to be no running, shouting, diving and bombing in the swimming pool. No functions are to be organised in the swimming pool area without prior authorisation from Management as this is a shared zone. The swimming pool area is open between sunrise and sunset. No swimming after dark. Under no circumstances are dogs permitted in the pool area or in the pool.
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent/Operator shall not be responsible or liable for any reason whatsoever. Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent/Operator and their agents, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
Guest hereby waives and releases any claims against the Property operator and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities.
Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION
Operators reserve the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property and or attending to emergency repairs. If the Operator has a reasonable belief that there is an imminent danger to any person or property, Operator may enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of the operator, Operator will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, the Operator shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated, and guest and Operator shall have no further obligations or liabilities in any manner pertaining to this Agreement.
If any items such as crockery, cutlery and outdoor furniture are moved from one cottage to another they must be returned back to where they came from prior to departure.
DAMAGES / MISSING ITEMS
Guest will be charged for any damage, breakages or missing items from the property which includes linen permanently stained with body paint and or spray tan. You are required to make us aware of any damage or breakages you are aware of at time of departure.
This Agreement contains the entire agreement between the parties with regard to the rental of the Property and any changes, amendments or modifications hereof shall be void unless the same is in writing and signed by both the Guest and the Operator. This Agreement shall be governed by the laws of Queensland, Australia.
The words “Operator” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to The Manager, 158 Teutoberg Avenue, Witta Qld 4552.
Jacaranda Foundation A New Humanity Collaborative Community Associate A Humanitarian, community-service, not-for-proﬁt,
Address: 158 Teutoberg Ave, Witta (via Maleny) QLD 4552
Phone: (07) 5435 8183