Terms & Conditions

Terms & Conditions


  • “Stay” means the duration of hire of the Property as described on the Reservation, invoices, quotation, or any other form(s) as provided by AHA to the Occupier.
  • “Occupier” means the person/s requesting AHA to provide the Property on a hire basis as specified in any Reservation, invoice, document or order, and if there more than one person hiring the Property is a reference to each person jointly and severally.
  • “Property” means the property (and any related facilities) which AHA will provide to the Occupier, on a hire basis.
  • “Reservation” means the form containing details of the Property, Stay and Charges, whether in physical or electronic form, including any online forms hosted on the website of AHA and/or third parties.
  • “Stay” means the duration of hire of the Property as described on the Reservation, invoices, quotation, or any other form(s) as provided by AHA to the Occupier.
  • “Charges” means the price payable for the hire of the Property for the duration of the Stay as agreed between AHA and the Occupier in accordance with clause 5 of this agreement.
  • “Deposit” means a deposit which shall be due and payable by the Occupier as specified at the time of Reservation to confirm the reservation of the Property for the duration of the Stay. This deposit is generally required for stays of more than 4 weeks. (Refer 5.3)
  • “Bond” means a security bond to guarantee the Occupier’s obligations under this agreement (including, but not limited to, any damages to the Property or furnishings, repairs and/or replacement, breakages, excess cleaning, repositioning moved furniture, excess rubbish removal, lost keys and/or garage/alarm remotes, late departure or noise complaints from the Property and any other losses sustained by the owner of the Property as a direct or indirect consequence of the actions of the Occupier and/or their guests, whether as a consequence of a breach of this agreement or not, etc.), which shall be immediately due and payable by the Occupier as per clause 4 and will be reimbursed (less any amount payable by the Occupier under, and subject to the terms of, this agreement) within seven (7) days of departure.
  • The credit card number of the Occupier will be held in lieu of a bond for the duration of the stay. Any damages or excess charges will be taken from the Credit card supplied. In the event the costs of repairs or other losses exceed the amount of the Bond, the Occupier will indemnify the owner of the Property for any such losses and will pay the same upon demand.

 

  1. The Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
    • Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

 

  1. Acceptance
    • The Occupier is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Occupier places a Reservation for, or makes payment for all or part of the Stay for, the Property provided by AHA.
    • These terms and conditions may only be amended with AHA’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Occupier and AHA.
    • AHA acts as an agent for the owner of the Property only and:
      • is not responsible for any actions taken by the owner of the Property which may cause the Property to become unavailable, including where the Property is sold. AHA will attempt to locate alternative accommodation in such circumstances, where practical, or as required by the booking channel used by the Occupier;
      • relies on information provided by the owner of the Property in relation to the advertising thereof. This information, however, is subject to change and whilst any printed, written or verbal description given of the Property by AHA is given in good faith, AHA accepts no liability or responsibility for any error, inaccuracy or misdescription in relation to the Property contained in any promotional or other material placed in the public domain by AHA.
    • Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 (NSW & SA), the Electronic Transactions Act 2001 (ACT), the Electronic Transactions (Victoria) Act 2000, the Electronic Transactions Act 2003 (WA), the Electronic Transactions (Northern Territory) Act 2000, Section 14 of the Electronic Transactions (Queensland) Act 2001, Section 7 of the Electronic Transactions Act 2000 (TAS), Section 22 of the Electronic Transactions Act 2002 (NZ) (whichever is applicable), or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

  1. Reservations
    • No Reservation shall be deemed to be accepted by AHA until confirmed via email from AHA to the Occupier (“Reservation Confirmation”).
    • Reservations processed by a third-party channel manager are not deemed as confirmed until accepted by AHA (as per clause 1 above) and entered into their booking system. In the event of a double booking, AHA will immediately inform the channel manager.

In the event that a property is booked through a third party channel manager, the AHA Terms & Conditions specific to the booking, will prevail.

  • The Occupier must immediately contact AHA of any alteration or cancellation of the Reservation. Any variation to the Reservation which reduces the number of nights stay will be treated as a cancellation of the Reservation in respect of those nights (see clause 2).
  • Any variation to a booking must be done through the booking source, and may incur payment of relevant charges.

 

  1. Charges and Payment
    • At AHA’s sole discretion the Charges:
      • are quoted in Australian dollars and are calculated on a per Property per night basis;
      • are subject to change without notice until the Reservation is paid for in full;
      • unless otherwise stated, include a GST component of ten percent (10%) of the Charges that attracts GST.
    • AHA reserves the right to change the Charges to include (where applicable) any variation/alteration to the Reservation, including the right to adjust the nightly rate accordingly if the length of the Stay is altered. Any payments or refunds will also be adjusted accordingly. No guarantee of an extension or further booking can be made by AHA.
    • At AHA’s sole discretion, a non-refundable Deposit of three hundred dollars ($300.00) shall be required upon Reservation. This may especially be applied to stays of over 4 week’s duration.
    • Time for payment for the hire of the Property being of the essence, the Charges will be payable by the Occupier on the date/s determined by AHA, which may be:
      • the date specified on any invoice or other form as being the date for payment; or
      • failing any notice to the contrary, the date which is at least seven (7) days prior to arrival, and if the Stay is prior to this date, upon Reservation.
    • Payment may be made by cash, electronic/on-line banking, MasterCard or Visa credit card, or by any other method as agreed to between the Occupier and AHA. Personal or bank cheques will only be accepted by prior arrangement with AHA.
    • Receipt by AHA of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then AHA’s rights and ownership in relation to this agreement shall continue.
    • Any bank fees relating to international transfers, or incorrect bank account details are at the Occupier’s expense.
    • Full payment is required for stays of up to 4 weeks. For longer stays, the payment schedule shall be fortnightly payments, due seven (7) days in advance of each fortnight, or as agreed by AHA. If payment is not made, the booking may be determined to have lapsed.

 

  1. Arrival and Departure
    • The Stay will commence at 3:00pm on the specified day of arrival and end at 10:00am on the specified day of departure, unless otherwise agreed by AHA.
    • All keys and any garage controls must be left in the designated place at the Property or key safe (as specified by AHA) by checkout time or the Occupier will incur additional charges for replacement of keys and/or garage control.
    • Check in instructions will only be sent to the Occupier once the initial payment has been made.
    • Early check-in’s or late check-out’s must be requested by the Occupier to AHA and cannot be guaranteed. Additional fees may apply.
    • The Occupier will, on departure, leave the Property in a clean and tidy state (excess cleaning or rubbish removal fees will be charged to the Occupier in the event of non-adherence to this clause):
      • pack and turn on the dishwasher (or wash up all dishes if the Property doesn’t have a dishwasher);
      • place rubbish in correct external bins and/or remove excess rubbish/boxes from the Property if this does not fit in the external bins, and place the external bins on the nature strip on the correct collection evening. If the rubbish is put in incorrect bins, an additional $50 sorting fee will apply.
    • After departure, AHA will inspect the Property for any damage or missing items, which will be the responsibility of the Occupier. Any damage or excess charges will be charged to the Occupier’s credit card. Any Deposit will NOT be refunded until a complete inspection of the vacant Property has been conducted.

 

  1. Admission and/or Eviction
    • Apart from the reasonable number of guests (as requested by the Occupier and approved in advance by AHA) on any particular day during the Stay, the number of occupants must not exceed the number stipulated in the Reservation details.
    • AHA reserves the right to refuse admission to, or evict, any person, at any time, without reason, including in the event of:
      • persons who are under the age of eighteen (18) years, and are unaccompanied by an adult;
      • persons who cannot provide the full payment amount;
      • intoxication and unsavoury behaviour;
      • overcrowding – when the number of persons in the Property exceeds the number of sleeping provisions;
      • physical or verbal assault towards staff or neighbours;
      • wilful damage to the Property;
      • any incident for which the Police need to be called onto the Property;
      • any behaviour posing a safety threat to others;
      • ignoring advice to reduce excessive noise (music or other noise);
      • throwing of objects over balconies or from windows;
      • prohibited smoking (an excess cleaning fee shall apply); and
      • in such circumstances:
        • AHA may choose to involve/notify the Police;
        • AHA is not obliged to provide or locate alternative accommodation;
        • the proportion of any refund is at AHA’s discretion.
      • Without limiting AHA’s absolute right to cancel and/or refuse admission, if the Occupier does not comply with the law, this agreement, or any of AHA’s reasonable requests, AHA reserves the absolute right to (without refund) require the Occupier, or any other person(s), to immediately leave the Property, and/or confiscate and/or remove any personal property of the Occupier and/or their guests at the Occupier’s own cost) within the Property, to be returned to the Occupier upon departure or as per clause 3.

 

  1. Rules of Entry
    • The Occupier will:
      • park only in the designated space/s provided to the Property, and will not exceed the use of the designated number of car parking spaces, park on any common areas, or on any lawns or garden areas. As these are residential properties, parking is only provided for non-commercial/domestic sized vehicles. It is the responsibility of the Occupier to ensure that:
        • vehicles are parked safely and do not impact on the safe enjoyment of the Property by other users;
        • any permitted invitees or guests admitted to the Property do not park in any spaces other than those designated as “visitor parking”.
      • use the exhaust fans over the stove when cooking. If there are excessive cooking odours (as determined by AHA) an additional cleaning charge may apply;
      • not sell, or permit to be sold, any products and/or services from the Property;
      • not remove and/or move any property (other than their own personal property) from the Property, such as keys, furniture, linen, appliances or electronic devices, etc.;
      • respect the privacy of neighbours. The Occupier will not enter, nor interfere with, any property (or personal items) of neighbours;
      • maintain a quiet manner inside and outside of the property, so there is no unreasonable noise interference for neighbours, particularly between the hours of 10 pm and 8 am.
      • not conduct themselves in a manner which, in the opinion of AHA, is likely to unreasonably interfere with neighbours’ use and enjoyment of their own properties;
      • ensure that any permitted invitees or guests admitted to the Property will fully comply with the liabilities and responsibilities of the Occupier under this agreement;
      • not use firecrackers at, or erect fire pits on, the Property;
      • where there is a pool and/or dam on the Property, ensure any children are supervised by an adult at all times;
      • comply with parking regulation and show consideration to neighbours of the Property;
      • not carry out any deleterious activities which may adversely impact on the Property during the Stay.

 

 

  • The Occupier acknowledges that:
    • the Property is strictly NON SMOKING; an excess cleaning fee may be charged to the Occupier as a consequence thereof;
    • no pets are permitted on the Property during the Stay unless express permission has been given to the Occupier by AHA, and in this instance the Occupier will be obligated to pay a pet fee and an excess cleaning fee if required to remove fleas, faeces, etc.;
    • BBQs must be left clean and tidy and ready for use by the next occupier. An excess cleaning fee may be charged to the Occupier as a consequence of the Occupier not adhering to this clause. In the event the BBQ is dirty upon the Occupier’s arrival at the Property, the Occupier must contact AHA immediately and they will endeavour to send someone out to clean it;
    • the Property is to be used for short term rental accommodation purposes only and strictly for the duration stated in the Reservation. AHA has a zero tolerance policy towards parties, functions and group gatherings, and this policy will be strictly enforced. Unauthorised parties and weddings are strictly prohibited;
  • The Occupier is expected to respect neighbours of the Property and the local community, and will endeavour to keep noise to a minimum to ensure neighbours enjoy the peace and comfort of their own properties, this includes:
    • respectful and quiet entry and egress of the Property;
    • any day guests leaving the Property by 10:00pm each evening;
    • no loud music, televisions or other excessive noise will be permitted between the hours of 10:00pm and 8:00am.
  • Each local council has a set of requirements and obligations with regulate short term rental accommodation and the Occupier and/or their guests must abide by these conditions; a copy thereof will be located as appropriate at the Property or published on the relevant web site.

 

  1. Services Provided
    • Unless otherwise stated, all bed linen and bathroom towelling will be provided, which must be left in the bathroom or bedroom on departure. The Occupier is requested not to use linen or bedding, etc. in any way which may cause it to be irreparably stained/damaged (including, but not limited to, makeup, blood stains, sunless tanning products, etc.), otherwise the Occupier will be charged for linen replacement costs.
    • AHA may provide Wi-Fi and/ telephones at some of the properties; however:
      • Wi-Fi usage is restricted to an average of three (3) GB per day. AHA shall not be liable in the event of any excess by the Occupier and/or their guests. Additional usage is charged at ten dollars ($10.00) per GB, per day;
      • any telephone calls, including to 1300, 1800, interstate and/or international numbers will be charged additionally at the specified rates current at the time of the Stay;
      • the Occupier will be notified of any additional usage and/or telephone charges upon departure, which will be charged to the Credit Card;
      • the Occupier is responsible for their own electronic device security.
    • The breakdown of any electrical or other device during the Stay should be reported to AHA as possible, and:
      • reasonable attempts will be made (where practicable) to repair the item in question as soon as possible;
      • AHA accepts no responsibility for any inconvenience due to the breakdown of any appliance or device supplied in conjunction with the hire of the Property, or for failure or interruption to power or services to the Property for reasons beyond AHA’s control, during the Stay, and will offer no partial refund or discount to the Charges;
      • should the Occupier discover such upon arrival, please advise AHA immediately or they will consider the fault/damage to have occurred during the Stay and charge the Occupier accordingly;
    • In the event of a major problem rendering the Property inhabitable, AHA will make every effort to find alternative suitable accommodation for

the Occupier.

 

  1. AHA’s Right of Entry and Inspection
    • AHA reserves the right to inspect the Property at any time during the Stay, and the Occupier authorises AHA, its agents and representatives, at all times without notice, to enter into, and to remain in, (at all necessary times) the Property:
      • for maintenance and/or replacement of items. As much as possible this will be communicated to the Occupier prior to entry;
      • in order to inspect it without being liable in any way for trespass, in the event that AHA has a legitimate cause for concern (e.g. in accordance with clause 6 or if the Occupier has not been seen or able to be contacted over a period of time, etc.).

 

  1. Cancellation
    • AHA reserves the absolute right to, at any time before or during the Stay, without reason, without prior notice, without payment of compensation and without prejudice to any other rights which AHA may have against the Occupier:
      • cancel or terminate this agreement;
      • require the Occupier or any other person/s to immediately leave the Property, and AHA or its agents may enter the Property for this purpose.
    • Cancellation by the Occupier is accepted as per the following (and subject to any special, promotion or booking policy of the channel manager used by the Occupier):
      • the Occupier may cancel up to fifteen days prior with no cancellation fee being charged;
      • cancellation by the Occupier of fourteen (14) days or less prior to due arrival date will result in a cancellation charge of one hundred dollars ($100.00).
    • The Occupier must contact AHA to arrange a refund of the remainder of any prepayment should there be any other amount owing to the Occupier. It is not the responsibility of AHA to contact the Occupier regarding any possible refunds.

 

  1. Risk
    • AHA strongly recommends that the Occupier take out their own travel, vehicle and contents insurance, where applicable. The Occupier accepts full responsibility for:
      • the safekeeping of the Property and vehicles (and the contents thereof) and indemnifies AHA for all loss, theft, or damage thereto howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Occupier. Any damage to the Property during the Stay must be reported to AHA immediately;
      • the Occupier will be liable for damages caused by third parties, including but not limited to guests; regardless of whether the Occupier is present or not at the time the damage occurs;
      • and shall keep AHA indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to or loss of property, or otherwise arising out of the use of the Property during the Stay and whether or not arising from any negligence, failure or omission of the Occupier or any other persons.
    • Security of the Property during the Stay is entirely the responsibility of the Occupier and they must ensure all doors and windows are locked securely on departure; neither AHA nor the owner of the Property are in any way responsible for the loss or damage to any personal property of the Occupier of their guests during the Stay.
    • Any personal property of the Occupier and/or their guests found at the Property with be held by AHA for up to thirty (30) days, and unless the Occupier and/or their guests arrange and pay for collection or postage, given to a local charity.
    • AHA is not responsible, nor has any control over building/renovation work being carried out on neighbouring properties and shall not issue refunds in such circumstances.
    • The Occupier is not authorised to pledge AHA’s credit for repairs to the Property or to create a lien over the Property in respect of any repairs.
    • In addition to clauses 11 and 13, AHA shall be entitled to cancel this agreement and evict the Occupier if AHA (in their reasonable opinion) believes the Property is at risk.

 

  1. Default and Consequences of Default
    • Interest on overdue invoices may (at AHA’s discretion) accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at AHA’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Occupier owes AHA any money the Occupier shall indemnify AHA from and against all costs and disbursements incurred by AHA in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, AHA’s contract default fee, and bank dishonour fees).
    • Without prejudice to any other remedies AHA may have, if at any time the Occupier is in breach of any obligation (including those relating to payment) under these terms and conditions AHA may suspend or terminate the Stay of the Occupier. AHA will not be liable to the Occupier for any loss or damage the Occupier suffers because AHA has exercised its rights under this clause.
    • Without prejudice to AHA’s other remedies at law AHA shall be entitled to cancel all or any part of any Reservation of the Occupier which remains unfulfilled and all amounts owing to AHA shall, whether or not due for payment, become immediately payable if:
      • any money payable to AHA becomes overdue, or in AHA’s opinion the Occupier will be unable to make a payment when it falls due;
      • the Occupier becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Occupier or any asset of the Occupier.

 

  1. Privacy Act 1988
    • The Occupier agrees for AHA to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Occupier in relation to credit provided by AHA.
    • The Occupier agrees that AHA may exchange information about the Occupier with those credit providers and with related body corporates for the following purposes:
      • to assess an application by the Occupier; and/or
      • to notify other credit providers of a default by the Occupier; and/or
      • to exchange information with other credit providers as to the status of this credit account, where the Occupier is in default with other credit providers; and/or
      • to assess the creditworthiness of the Occupier including the Occupier’s repayment history in the preceding two (2) years.
    • The Occupier consents to AHA being given a consumer credit report to collect overdue payment on commercial credit.
    • The Occupier agrees that personal credit information provided may be used and retained by AHA for the following purposes (and for other agreed purposes or required by):
      • the provision of the Property on hire to the Occupier; and/or
      • analysing, verifying and/or checking the Occupier’s credit, payment and/or status in relation to the provision of the Property on hire to the Occupier; and/or
      • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Occupier; and/or
      • enabling the collection of amounts outstanding in relation to the hire of the Property by the Occupier.
    • AHA may give information about the Occupier to a CRB for the following purposes:
      • to obtain a consumer credit report;
      • allow the CRB to create or maintain a credit information file about the Occupier including credit history.
    • The information given to the CRB may include:
      • personal information as outlined in 1 above;
      • name of the credit provider and that AHA is a current credit provider to the Occupier;
      • whether the credit provider is a licensee;
      • type of consumer credit;
      • details concerning the Occupier’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
      • advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Occupier no longer has any overdue accounts and AHA has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
      • information that, in the opinion of AHA, the Occupier has committed a serious credit infringement;
      • advice that the amount of the Occupier’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
    • The Occupier shall have the right to request (by e-mail) from AHA:
      • a copy of the information about the Occupier retained by AHA and the right to request that AHA correct any incorrect information; and
      • that AHA does not disclose any personal information about the Occupier for the purpose of direct marketing.
    • AHA will destroy personal information upon the Occupier’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
    • The Occupier can make a privacy complaint by contacting AHA via e-mail. AHA will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Occupier is not satisfied with the resolution provided, the Occupier can make a complaint to the Information Commissioner at oaic.gov.au.

 

  1. General
    • Nothing is this agreement shall be construed as creating a tenancy or conferring an interest in land upon the Occupier and/or their guests.
    • The failure by AHA to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect AHA’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria, the state in which AHA has its principal place of business, and are subject to the jurisdiction of the courts in that state.
    • Subject to clause 2, AHA shall be under no liability whatsoever to the Occupier for any indirect and/or consequential loss and/or expense or inconvenience suffered by the Occupier arising out of a breach by AHA of these terms and conditions (alternatively AHA’s liability shall be limited to damages which under no circumstances shall exceed the Charges).
    • The Occupier shall not be entitled to set off against, or deduct from the Charges, any sums owed or claimed to be owed to the Occupier by AHA nor to withhold payment of any invoice because part of that invoice is in dispute.
    • AHA may license or sub-contract all or any part of its rights and obligations without the Occupier’s consent.
    • The Occupier agrees that AHA may review these terms and conditions at any time. If, following any such review, there is to be any amendment to these terms and conditions that will affect current Reservations, then that amendment will take effect from the date on which AHA notifies the Occupier thereof. In the event the Occupier does not accept the amendments, the Reservation will be cancelled in accordance with clause 2(a). A copy of AHA’s current terms and conditions is available upon request to AHA or on AHA’s website: www.australianhomeaway.com.au. AHA has no responsibility to inform the Occupier of amendments made to these terms and conditions other than those requirements mentioned in this clause 15.7.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, government regulations, national disaster, strikes, civil disorder or curtailment of transportation facilities beyond the control of the parties making it inadvisable, illegal, or impossible to fulfil some or all of the agreement. This agreement may be terminated without penalty for any one or more of such reasons by written notice from one party to the other.
    • The Occupier warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.