(1)   BOOKING

(a) Your Booking will be confirmed by email from Months & Seasons once:

(I) We receive payment of the Accommodation Fee; and

(II) the Guest has agreed to the terms of this Agreement. 

(b) Once the Booking has been confirmed, Months & Seasons grants the Guest a licence to use the Coastal House or Country House, subject to the terms of this Agreement.

(2)   SECURITY BOND

Months & Seasons takes a security bond "the Security Bond" only for the purpose of covering the cost of any major damage, or substantial additional cleaning required, to the Property. The Security Deposit does not apply to general fair wear and tear. 

(a) The Guest will pay a security bond "the Security Bond" in the amount of $600 at least 48 hours prior to the Arrival Date. 

(b) The Security Bond will be held by Months & Seasons until the Agreement expires and then returned to the Guest, subject to the clause below. 

(c) If the Coastal House or Country House is damaged or additional cleaning is required, Months & Seasons may retain the Security Bond until the damage can be assessed and/or repaired. Once Months & Seasons has determined the cost of repairs, any balance of the Security Bond which is not required to pay for repairs, will be returned to the Guest.

(d) In the unlikely event there is significant damage to the Coastal House or Country House, the Guest acknowledges and agrees that the Guest may be liable to Months & Seasons for any loss or damage that Months & Seasons suffers as a result of the Guest's use of the Coastal House or Country House, and that this liability is not limited to the amount of the Security Bond.

(3) PAYMENT FOR BOOKING

In consideration for Months & Seasons allowing the Guest to use the Coastal House or Country House in accordance with this Agreement, the Guest will pay an accommodation fee, "the Accommodation Fee", which is displayed on the booking website at the time of completing the Booking. The Accommodation Fee will be paid in full at the time of booking.

(4) BOOKING DATES

The Arrival Date for the Booking, and the Departure Date, is displayed on your booking website. 

(5) CHECK-IN & CHECK-OUT

Guests may check-in to the Coastal House or Country House from 3pm on the Arrival Date and must check-out by 10am on the Departure Date.  There is a check-out time of 10am due the work involved in preparing the properties for next guests and due to a labour shortage in the relevant areas.

(6) CLEANING FEE

The Cleaning Fee is included in then Accommodation Fee. Standard cleaning is included with the Booking. That means we do things like vacuum, put away dishes you’ve run through the dishwasher, clean the bathrooms, wash sheets and towels. However, if there’s a large mess - sand or mud throughout the Coastal House or Country House, or a mess in the kitchen - you may be charged an additional cleaning fee. Basically, we ask you to please leave the Coastal House or Country House largely how you found it.

(7) MODIFICATION OR CANCELLATION BY GUEST

The team at Months & Seasons understand that plans change, so please get in contact and we will endeavour to modify your Booking. 

(a)  To modify or cancel a Booking from an accommodation provider (such as Airbnb or HomeAway) the Guest should contact that provider directly. 

(b)  If the booking was made directly on monthsandseasons.com.au the following will apply:

I.         Guests can also contact Months & Seasons here. 

II.         For any Bookings which are cancelled within 30 days of the Arrival Date, the following will apply:

Within 30 days of Arrival Date but more than 15 days before Arrival Date: 50% of total Accommodation Fee will be forfeited and 50% of the Accommodation Fee will be refunded; or

Within 15 days of Arrival Date: no refund of the Accommodation Fee (100% of the Accommodation Fee will be forfeited to the Months & Seasons). 

(8) CANCELLATION BY MONTHS & SEASONS

In the unlikely event that the Months & Seasons must cancel or alter the Booking (for example, due to damage to the Coastal House or Country House), Months & Seasons 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 any other dates that the Coastal House or Country House may be available; and

(c) if Months & Seasons is unable to accommodate the Guest as above, then Months & Seasons will refund to the Guest all money which the Guest has paid to Months & Seasons under this Agreement. 

(9) NUMBER OF GUESTS

The maximum number of persons who may occupy the Coastal House is strictly 6 people (this includes adults and children). 

The maximum number of persons who may occupy the Country House is strictly 4 people (adults only). 

(10) CHILDREN

Children are permitted at the Coastal House, however, Guests are fully 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.  The Coastal House has not been designed with children in mind and amongst other considerations, the Coastal House, is not fenced, has a steep spiral staircase and is situated on a steep block of land. 

Children are not permitted at the Country House.

(11) NO SMOKING

Smoking is strictly prohibited inside the Coastal House and the Country House.

(12) NO PETS

Guests are not allowed to bring pets or other animals into the Coastal House or Country House without the prior written consent of Months & Seasons. In the event that Months & Seasons consents to the Guests bringing a pet or animal into the Coastal House or Country House, the Guests are fully responsible for those pets or animals, and will cooperate with Months & Seasons in taking any reasonable steps to minimise the risk of harm, loss or damage that the pet or animal may cause. 

(13) NOISE

Guests are asked to be considerate of neighbours and any other persons within proximity of the Coastal House or Country House. Guests are asked to avoid excessive noise, whether by loud music or otherwise.

(14) COASTAL HOUSE & COUNTRY HOUSE USE

Please enjoy your stay with us to relax, unwind, explore and reconnect with family and friends. 

(a) The Coastal House or Country House may not be used for any parties, gatherings, weddings or other functions, nor any commercial purposes or other events.

(b) The Coastal House or Country House may not be used for any other purposes without Months & Seasons' express written permission.

(15) CONDITION OF THE COASTAL HOUSE & COUNTRY HOUSE

Months & Seasons is very proud of our homes and considerable time, effort and money have been expended to realise a vision. Please make yourself at home and look after it in the same way you would if it were yours. We understand that a glass or a plate may get broken from time to time, so please do not worry about that type of damage. We would only be concerned in the event of major damage to fixtures, fittings and art work. 

(a) Guests will leave the Coastal House or Country House including all carpets, floor coverings, doors, walls, windows, furniture, equipment, bedding, linen, towels, kitchen equipment, crockery, glasses, plates, white goods, electrical equipment, keys, art, remote controls and any other items at the Coastal House or Country House ("Items") in a clean, neat and tidy condition.

(b) Guests must not damage the Coastal House or Country House and must not damage, remove or lose any Items. 

(c) Before vacating the Coastal House or Country House, Guests must clean any dishes, remove any food from refrigerators and place all rubbish in the bins provided or by removing it from the Coastal House or Country House.

(16) LIABILITY

(a) Guests must take all reasonable and necessary steps to safeguard the Guests' personal items at the Coastal House or Country House. The Guests and/or any other occupants or invitees of the Guests use the Coastal House or Country House at their own risk.

(b) Guests must exercise due care at and around the Coastal House or Country House including, without limitation, observing any safety directions (see specific bushfire related guidance below), instructions or signage and looking out for the safety and wellbeing of themselves, all other Guests, all invitees and occupants of the Coastal House or Country House or any other persons.

(c) The Guests acknowledge and agree that to the maximum extent permitted by law, Months & Seasons will not be held liable for any loss, injury, or any loss or damage to the Coastal House or Country House ("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 Coastal House or Country House, unless that Loss is caused by the Months & Seasons' negligence.

(d) The Guests may have certain rights under the Australian Consumer Law ("ACL"), or under other similar or related consumer protection laws. 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 Months & Seasons, which cannot be excluded, modified or restricted by Months & Seasons ("Statutory Rights").

(e) Months & Seasons' 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.

(f) To the maximum extent permitted by law, Months & Seasons excludes all conditions and warranties implied by custom, law or statute, except for the Guests' Statutory Rights, and the Months & Seasons expressly disclaims all warranties of any kind.

(g) The Guests hereby agree that the Guests are solely responsible for determining whether the Coastal House or Country House is fit for the Guests' purpose.

(h) When the Guests' Statutory Rights apply, to the maximum extent possible, Months & Seasons's liability in respect of any claim is limited to, at the Months & Seasons's option:

(I) the supply of the Booking again; or

(II) the payment of the cost of having the Booking supplied again.

(i) Months & Seasons's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

(k) This clause will survive termination, expiration or completion of this Agreement.

(17) INDEMNITY

(a)  The Guests hereby indemnify and keep indemnified Months & Seasons and any of Months & Seasons' 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 Months & Seasons resulting from:

(I) the Guests' use of the Coastal House or Country House or anything provided under this Agreement;

(II) any transaction, contract, event or matter arising from or connected with the Guests' use of the Coastal House or Country House; or

(III) the relationship between the Months & Seasons 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.

(18) WARRANTY

The Guests hereby warrant that they will compensate the Months & Seasons for any harm, loss or damage which the Months & Seasons 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 Coastal House or Country House. This includes but is not limited to harm, loss or damage to the Coastal House or Country House or to the Items, or any lost income which the Months & Seasons suffers as a result of being unable to provide the Coastal House or Country House to subsequent guests.

(19) PROBLEMS WITH THE COASTAL HOUSE OR COUNTRY HOUSE

(a) In the event that there is a problem with the Coastal House or Country House, Guests should contact Months & Seasons.

(b) Guests will not be entitled to a refund in the event that there are problems with the Coastal House or Country House including but not limited to problems with television, stereo, fridge, wifi, other appliances, plumbing, electrical systems, or lights.

(20) BREACH

Any serious breach by the Guests of any of the terms of this Agreement will permit Months & Seasons to cancel or alter the Booking. In the event that a Booking is cancelled, the Guests will not be entitled to a refund of any money paid under this Agreement.

(21) ADDITIONAL CONSIDERATIONS

In addition to the details set out elsewhere in this Agreement, the following rules apply to the Coastal House or Country House and the Guests:

(a)  Responsible Renter: Guests must be at least 30 years of age. Guests under 30 are, of course, welcome but must be accompanied by someone over the age of 30 who must reside at the Coastal House or Country House for the entire duration of the booking. 

(b)  Fixtures & Fittings: The Coastal House and Country House has been furnished with premium items. Guests become responsible for any and all damage and loss to the Coastal House or Country House and its contents from the Arrival Date through to the Departure Date. Any damaged items will be charged at the full advertised replacement cost and product brand. Cleaning charges as a result of stains from spills that require professional assistance will be charged for.

(c)   Lost or Damaged Keys: Lost keys will incur a $350 replacement charge. 

(d)  Insects: The Coastal House is based in the Otways Region, and the Country House is based in Daylesford, so there is plenty of insects. Guests are requested to not leave lights on at night with the doors open, as this will attract unwanted guests. 

(e)  Bedding Configuration: The Coastal House has 3 king sized bedrooms, each with an ensuite. Reservation for 1-2 Guests provides access to 1 bedroom, 3-4 Guests provides access to 2 bedrooms, while reservations for 5 to 6 guests provides access to 3 bedrooms. The Country House has 2 king sized bedrooms, each with an ensuite. Reservation for 1-2 Guests provides access to 1 bedroom, 3-4 Guests provides access to 2 bedrooms.

(f) Extreme & Code Red (Bushfires): Guests must familiarise themselves fully with the Emergency Plan and emergency contact information displayed in the kitchen of the Coastal House or Country House upon arrival. It is critical that Guests understand what to do if an ‘Extreme’ or ‘Code Red Fire Danger’ is declared by the relevant authorities. Such a declaration may require Guests to evacuate the Coastal House or Country House. At the Coastal House, take shelter in the fire bunker or meet at the Separation Creek Emergency Meeting Area. At the Country House, meet at the Daylesford emergency Meeting Area. Guests should follow the directions of all emergency services personnel and stay alert to news broadcasts. If an ‘Extreme’ or ‘Code Red Fire Danger’ rating is declared for either the Separation Creek and Wye River areas, or the Daylesford and Hepburn areas, by the relevant authorities and Guests are required to evacuate the Coastal House or Country House, then Months & Seasons will issue a credit note for the remaining portion of Guests’ stay which is interrupted. 

(22) APPLICABLE LAW

This Agreement is subject to the laws of Victoria and each Party submits to the jurisdiction of the courts of Victoria.

(23) SEVERABILITY

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.

(24) 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.

(25) 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 30 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 Months & Seasons is accurate and complete, including but not limited to the information that the Months & Seasons has provided about the number of additional Guests that will be staying at the Coastal House or Country House, 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 Coastal House or Country House 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.

(26) AGREEMENT

By making a Booking to stay at the Coastal House or Country House 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.

Attachment A

DEFINITIONS

In this Agreement, the following definitions apply:

"Accommodation Fee" means the amount that the Guest is required to pay for the use of the Coastal House or Country House, such amount being described in this Agreement or as specified by the Months & Seasons.

"ACL" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

"Agreement" means this Short-Term Rental 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 Coastal House or Country House in accordance with this Agreement.

"Arrival Date" means the first date that the Guest is entitled under this Agreement to stay at the Coastal House or Country House.

"Coastal House" means the following property:

Months & Seasons Coastal House
Separation Creek / Wye River
32 Harrington Street, Separation Creek, Victoria 3234 Australia

"Country House" means the following property:

Months & Seasons Country House
Daylesford / Hepburn
22 Hospital Street, Daylesford, Victoria 3460 Australia

"Booking Term" means the period of time that the Guest is entitled to use the Coastal House or Country House, 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 Coastal House or Country House.

"Guest", "Guests", "You" or "Your" refers to the person making the Booking, and to all members of the Party that are staying at the Coastal House or Country House under that Booking.

"Items" means the chattels and other items which the Months & Seasons provides with the Coastal House or Country House, including all carpets, floor coverings, bedding, linen, towels, kitchen equipment, crockery, glasses, plates, white goods, any other items at the Coastal House or Country House.

"Months & Seasons"  means Dan Creasey & Scott Druce (ABN 72552230231)

"Party" means either the Guest or Months & Seasons.

“Property” means either the Coastal House or Country House.

"Reservation Date" means the date that the Booking was made.

"Us", "We" or "Our" refers to the Months & Seasons.