Short-Term Rental Agreement

This Short-Term Rental Agreement (Agreement) is between Clare Hillier, trading as Camillo House ABN 44 318 617 443 (Camillo House) and the guest/s named in the booking (Guest) made via Camillo House’s online booking system ‘Cloudbeds’ operated by Digital Arbitrage, Inc. as applicable (or such other online booking system), or authorised third party distribution channel such as AirBnB, short stay real estate agents, etc used by Camillo House at the relevant time (Online Booking System) and accessed via Camillo House’s website https://www.camillohouse.com/ for the short-term rental of the property located at 18 Ritchie Avenue, Blairgowrie, 3942 VIC, Australia (Property) specified in the booking made via the Online Booking System (Booking).

IT IS AGREED AS FOLLOWS:

1. ACCEPTANCE OF TERMS AND CONDITIONS

(a) This Agreement includes Camillo House’s legal notices accessible on or via its website at https://www.camillohouse.com/ (Website) and all guidelines, codes of conduct, schedules, annexures, and attachments relating to this Agreement, provided with, or separately and forming part of this Agreement, including the Schedule of Costs.

(b) By making the Booking using the Online Booking System, the Guest for themselves and on behalf of all other Guests:

(i) agrees to the terms and conditions as set out in this Agreement; and

(ii) acknowledges they have read and agreed to be bound by the Website legal notices (which include the Website Terms and Conditions) and this Agreement.

(c) This Agreement is subject to all applicable public health and related Australian State and Federal Government regulatory and legislative obligations, directions, orders, and restrictions (including those in relation to COVID-19 or any comparable pandemic) (Public Health Laws) in force at the applicable times. The Guest will be required to provide evidence of a vaccination certificate or a negative PCR test and will be responsible for checking and complying with all relevant and applicable State and Federal Government health orders, directions, guidelines, and alerts upon entering into this Agreement (which may include those accessible at and before commencing their stay at the Property.

(d) Camillo House abides by, and this Agreement is subject to, the Mornington Peninsula Shire Council Short Stay Rental Accommodation Code of Conduct (as amended) (the Code) and the Mornington Peninsula Shire Council Short Stay Rental Accommodation Local Law (Local Law) which came into operation on 17 May 2020. which is accessible at www.mornpen.vic.gov.au.

(e) Only persons aged twenty-one (21) years or older are permitted to make Bookings and enter into this Agreement. By making the Booking the Guest represents and warrants that they are at least twenty-one (21) years of age.

(f) If the Guest does not accept the terms and conditions under this Agreement, they must not proceed with payment for the Booking and must immediately cancel the Booking.

2. BOOKINGS

2.1 Guests, Registration and Minimum Booking Periods

(a) By making a Booking, the Guest consents to provide their personal information and acknowledges that if they do not give consent Camillo House may not be able to provide some or all the services in relation to the Property contemplated by this Agreement including the short-term rental of the Property pursuant to the Booking (Services).

(b) The Guest agrees that all information they provide to Camillo House either directly or via the Online Booking System will be true, accurate, current, and complete. The Guest agrees that they are responsible for all information they provide to Camillo House and that any errors or discrepancies in any confirmation for the Booking provided by the Online Booking System or otherwise must be notified to Camillo House within twenty-four (24) hours of making the booking. The Guest acknowledges that if Camillo House reasonably believes that the information provided by the Guest is false, inaccurate or misleading to the potential material detriment of Camillo House it may, at its sole discretion, suspend the Booking pending resolution of the issue to Camillo House’s satisfaction, or terminate the Booking and/or the Guest’s access to the Property in which case clause 7(d)(i) shall apply.

(c) The provisions of clause 2.1(b) do not entitle a Guest to transfer the Booking into the name of another person or change the commencement date or duration of the Booking.

(d) The Guest Registration Form provided by Camillo House must be completed and returned by the Guest no later than seven (7) days before the commencement date of the Booking period. For group Bookings, the Guest must include details of all their guests in the Guest Registration Form (Registered Guests) and obtain the consent of all Registered Guests for the disclosure of such information to Camillo House. Only the Guest and Registered Guests (together, Guests) will be permitted to occupy the Property during the duration of the Booking period.

(e) The Property accommodates the maximum number of six (6) Guests indicated on the Website. Prior approval must be sought from and given by Camillo House in writing where the number of Guests will exceed the capacity or the number stated, and an additional Fee may be payable as provided in the Schedule of Costs. Where Guests exceed the capacity or the number stated without the prior written consent of Camillo House, an additional Fee shall be payable as provided in the Schedule of Costs and Camillo House shall be entitled at its discretion to immediately terminate the Booking and this Agreement and require all Guests to vacate the property.

(f) A minimum period of stay of two (2) nights shall apply year-round. During public holiday weeks, a minimum period of stay of three (3) nights shall apply. During school holidays, a minimum period of stay of seven (7) nights shall apply. During the summer holidays, from 23 December to 27 January, a minimum period of stay of one (1) week shall apply; and can only be booked in increments of seven (7) days running from Friday until Friday. Other minimum periods of stay may apply during such periods as determined by Camillo House from time to time.

(g) Requests for stays of less than the minimum period may be approved at the sole discretion of Camillo House.

2.2 Payment

(a) The Guest will pay Camillo House all applicable accommodation fees, costs and amounts set out on the Website and/or the Schedule of Costs (together, Fees), at the rate and in the manner specified in the Booking and this Agreement.

(b) The Guest must pay one hundred percent (100%) of the total accommodation fees or such other amount required by Camillo House at the relevant time and any applicable booking fee, at the time of making the Booking via the Online Booking System.

(c) Camillo House accepts payment of all Fees other than the Security Bond by credit card only. Camillo House will be entitled to charge a surcharge and processing fee on all credit card transactions. For transactions passed with domestic cards, Camillo House will be entitled to charge a fee of 1.75% of the transaction value. For transactions passed with international cards, Camillo House will be entitled to charge a fee of 2.9% of the transaction value. If currency conversion is required, Camillo House will be entitled to charge a further conversion charge of 2% of the transaction value.

(d) Rates quoted are in Australian dollars and are subject to change at any time. Fees paid in a foreign currency will be reconciled at the date of payment and will be subject to the applicable prevailing exchange rate and transfer fees. GST shall be applied where applicable.

2.3 Security Bond

(a) All Bookings require a refundable security bond to be provided by credit card pre-authorisation of such amount determined in accordance with the Schedule of Costs (Security Bond), no later than forty-eight (48) hours before the commencement date of the Booking (or at the time of Booking if the Booking is made within forty-eight (48) hours of its commencement date).

(b) The Guest irrevocably agrees that Camillo House is permitted to claim against, charge or deduct (as applicable) from the Security Bond at any time without prior notice to the Guest:

(i) any outstanding or additional Fees payable by the Guest in accordance with the Schedule of Costs; and

(ii) the cost of repair or replacement of any faulty, damaged, broken, lost or stolen fixtures, fittings, equipment, goods or chattels including furniture and furnishings (together, FF&E) of Camillo House at or in the Property and any damage or loss to the Property, and any Equipment used pursuant to clause 3.2(j).

(c) The Security Bond will be retained until after a final inspection and assessment of the Property and any rented Equipment is completed after check-out and all amounts which Camillo House is entitled to claim or charge against the Security Bond have been paid. The Guest acknowledges and agrees that Camillo House is not required to undertake the final inspection and assessment of the Property after check-out in the presence of the Guest.

(d) Any balance remaining of the Security Bond will be refunded to the Guest, if applicable, within two (2) business days after check-out, or in the event a quote from a tradesperson is required to evaluate costs of repair or replacement of any FF&E or any damage or loss to the property, within ten (10) business days after check-out, provided that any final deduction has been made or, where applicable, any pre-authorised amounts of the Security Bond will automatically lapse in accordance with the terms of the Guest’s credit card provider.

(e) Any amounts owing to Camillo House which have not been satisfied from out of the Security Bond will be charged against the Guest’s credit card used to provide the Security Bond or against any cash Security Bond held in trust, with a costs statement provided to the Guest with details of all amounts claimed and charged within seven (7) days after the date of check-out (or otherwise as soon as reasonably possible). If the amount of any cash Security Bond is insufficient to cover the amounts owed to Camillo House, the Guest will be invoiced for the additional amounts which will be payable within seven (7) days of the date of the invoice and/or as otherwise provided in the invoice.

(f) Where the amount of the Security Bond paid by credit card is insufficient to cover the additional Fees and costs owed to Camillo House or where the Security Bond has been provided by credit card pre-authorisation, the Guest irrevocably agrees that Camillo House is permitted at any time without prior notice to the Guest to claim against or charge to the credit card used by the Guest to pay or provide the Security Bond, the balance of or all (as applicable) the additional Fees and costs owing to Camillo House under this Agreement (including all amounts (if any) in excess of the Security Bond).

(g) Camillo House will provide the Guest with a statement of all amounts deducted from the Security Bond and/or charged to their credit card no later than seven (7) days after the date of check-out.

2.4 Variation and Cancellation of Bookings

(a) If the Guest cancels a Booking for any reason:

(i) Thirty (30) days before the commencement date of the Booking, all amounts paid in advance shall be refunded to the Guest after deduction of Camillo House’s administration Fee as detailed in the Schedule of Costs;

(ii) Less than thirty (30) days before the commencement of the Booking but at least fourteen (14) days before the commencement date of the Booking, subject to clause 2.4(b), Camillo House shall be entitled to retain fifty percent (50%) of all Fees paid in advance, after deduction of Camillo House’s administration Fee as provided in the Schedule of Costs; and

(iii) Fourteen (14) days before the commencement date of the Booking, subject to clause 2.4(b), no refunds shall be paid and Camillo House shall be entitled to retain the Deposit and all additional accommodation Fees paid.

(b) If the Guest makes a request to change the dates of the Booking where there are extenuating circumstances, Camillo House will consider the request on a case by case basis and may, in its absolute discretion and subject to provision of reasonable proof of the extenuating circumstances by the Guest (if so requested) and availability, agree to change the scheduled dates of the Booking provided that the Guest pays Camillo House's administration Fee as provided in the Schedule of Costs.

(c) Camillo House reserves the right to vary or cancel the Booking in its absolute discretion where any situation arises that renders the Booking impractical, unsafe, or unable to be fulfilled which may include, but is not limited to, damage to the Property, force majeure, terrorism, natural disasters, pandemics, political instability or other events or circumstances which make it unviable for Camillo House to uphold the Booking. Where Camillo House wishes to vary or cancel a Booking under this subclause, Camillo House will where feasible, use its best endeavours to offer acceptable alternative accommodation to the Guest that is, as far as practical and possible, substantially the same as or similar to the Property for the same dates as the Booking, failing which the Guest shall be entitled to either:

(iii) reschedule the Booking to commence on an alternative date within twelve (12) months after the date of the commencement of the original Booking; or

(iv) receive a refund of all additional accommodation Fees paid.

(d) The Guest acknowledges and agrees that if Camillo House varies or cancels the Booking under clause 2.4(d) any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those provided under this Agreement and no other claim, right, action or demand shall exist in or be made by either party as a result of or in connection with any such variation or cancellation and Camillo House will not be responsible for any incidental expenses that Guests may have incurred as a result of or in connection with the Booking.

2.5 COVID-19 Implications

(a) The Guest acknowledges that Camillo House may use a professional cleaning team that uses high-grade alcohol-based products to reduce the risk of contamination and the spread of viral or bacterial residue at the Property.

(b) The Guest acknowledges that during periods in which Public Health Laws including COVID-19 or other comparable pandemic circumstances impact the Booking or the Property, some facilities at the Property may be restricted and Guests may be subject to certain mandatory requirements including those referred to in clause 2.5(c).

(c) All Guests are responsible for taking all necessary personal safety and hygiene procedures, including wearing masks if mandatory under Public Health Laws as appropriate or when requested during their stay.

(d) If the Guest is unable to commence their stay under the Booking to comply with Public Health Laws or because of the direct impact of Public Health Laws on the ability of the Guest to use the Booking, the Guest may provide reasonable evidence of the relevant circumstances and make a written request to Camillo House:

(i) to vary the Booking by rescheduling the Booking period to commence no sooner than fourteen (14) days after and up to twelve (12) months from the original commencement date of the Booking (but retaining the same number of days for the Booking unless otherwise agreed by Camillo House). Provided that the Guest has given reasonable evidence of the relevant circumstances if required, Camillo House may in its absolute discretion and subject to availability agree to reschedule the Booking to commence on the new commencement date (Replacement Booking) at the same accommodation rate (or any higher accommodation rate applicable to the dates of the Replacement Booking). In such circumstances, all amounts paid by the Guest shall be credited to the Replacement Booking; or

(ii) to cancel the Booking which, if less than thirty (30)days’ notice is given as required under clause 2.4(a)(i), shall be considered by Camillo House on a case by case basis and if Camillo House agrees to cancel the Booking, it shall be entitled to retain 50% (if less than thirty (30) days’ notice) or 100% (if less than fourteen (14) days’ notice) of accommodation Fees paid after deduction of the administration Fee provided in the Schedule of Costs (unless waived by Camillo House).

(e) Camillo House reserves the right to vary or cancel (as applicable) the Booking and this Agreement in its absolute discretion where:

(i) the Booking is affected or may reasonably be expected to be affected by Public Health Laws or any health alerts or guidelines in connection with Public Health Laws including those in relation to COVID-19 or any comparable pandemic at the relevant time; or

(ii) if at check-in, any Guests refuse to provide a declaration requested under clause 2.6(b) or if any given declaration reasonably means that it is not, or there is a significant risk that it is not, safe to permit the Guests to stay at the Property if at any time at or after the time of check-in it reasonably appears to or is known by Camillo House that any Guests display or have flu-like symptoms, appear to be or are unwell, or express that they are feeling unwell with any respiratory or flu-like illness, or if it becomes known to Camillo House that any Guests have breached any Public Health Laws which directly or indirectly puts Camillo House or any person including neighbours of the Property at risk.

(f) Where Camillo House wishes to vary or cancel a Booking under clause 2.5(e)(i), Camillo House may in its absolute discretion offer the Guest the right to reschedule the Booking to commence no sooner than fourteen (14) days after and up to twelve (12) months from the original commencement date of the Booking (but retaining the same number of days for the Booking unless otherwise agreed by Camillo House), or may cancel the Booking and refund all accommodation Fees paid (if any) less the administration Fee provided in the Schedule of Costs (unless waived by Camillo House).

(g) Where a Booking has been varied or cancelled by Camillo House under clause 2.5(e)(ii), no refunds shall be available and Camillo House shall be entitled to retain all accommodation Fees paid plus charge the Guest for all additional Fees payable under this Agreement.

(h) The Guest acknowledges and agrees that if the circumstances referred to in clause 2.5(e) arise, any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those provided under this Agreement and no other claim, right, action or demand shall exist in or be made by either party as a result of or in connection with any such variation or cancellation. In these circumstances, Camillo House will not be responsible for any incidental expenses that Guests may have incurred in connection with the Booking.

2.6 Check-ins and Check-outs

(a) Check-in shall only be available if the Guest has provided the Security Bond and paid the accommodation Fee in full as required by this Agreement.

(b) During any period in which Public Health Laws apply to the Guest’s stay at the Property, Camillo House may request that all Guests provide a declaration as to their health and exposure to any pandemic or other illness including COVID-19 which is the subject of the applicable Public Health Laws, as a prerequisite for completing check-in and the provisions of clause 2.5(e)(ii) may apply.

(c) Subject to clause 2.6(e), check-in is available from 3 pm on the commencement date of the Booking. The Guest will be provided with check-in details including the lockbox code to access the Property keys by email on the day of check-in. Any updates to the check-in details will be provided to the Guest via email.

(d) Subject to clause 2.6(e), the latest check-out time is 10 am on the day of departure, after which a late check-out Fee may apply in accordance with the Schedule of Costs.

(e) Check-in and check-out times are strict unless otherwise prior agreed by Camillo House. Any request by the Guest for changes to the check-in and/or check-out times must be made in advance of check-in and preferably at the time of Booking unless otherwise agreed. Any agreement by Camillo House to change the check-in or check-out time is subject to availability and may require payment of an additional Fee in accordance with the Schedule of Costs.

(f) If the Property or any FF&E is found by the Guest to be in an unclean or damaged state or if any facilities are not fully working at the time of check-in, the Guest must promptly notify Camillo House and allow Camillo House or its staff to access the Property to inspect and, if necessary, clean the Property and/or clean and repair any faulty, damaged or broken FF&E or facilities.

(g) Camillo House is not liable for alternative accommodation or any other costs that may be incurred by the Guest where they fail to make full payment of the accommodation Fees in the time required under clause 2.2(c) or fail to complete check-in during the relevant period on the date of commencement of the Booking for any reason.

2.7 Keys

(a) The Guest may obtain the keys for the Property in a secure lockbox by the Property entrance door. The code for this lockbox will be provided via email as part of the check-in details.

(b) If the Guest locks keys inside the Property or any provided keys are lost, the Guest may be liable to pay a Fee in accordance with the Schedule of Costs.

(c) Upon the Guest vacating the Property, the doors must be locked and the keys must be immediately returned to the lockbox. If any key is not returned at check-out, the Guest may be required to pay a Fee in accordance with the Schedule of Costs, and unauthorised copying and knowing retention of the keys or other instruments that allow for access to the Property will constitute an offence under the Australian Consumer Law and Fair Trading Act 2012 (VIC)) (Fair Trading Act).

2.8 Children and Visitors

(a) Where Guests exceed the property’s said capacity, an additional Fee shall be payable in accordance with the Schedule of Costs and Camillo House shall be entitled to immediately terminate the Booking and this Agreement.

(b) Children under the age of twelve (12) are permitted as Guests only when accompanied by their parent, legal guardian, or an authorised responsible adult. Camillo House does not recommend guests with young children booking the Property and does not provide specific equipment or facilities for children.

(d) The Guest acknowledges that there may be steps and balconies at the Property and that no baby gates or stair barriers may be available unless expressly confirmed with Camillo House prior to the commencement of the stay. Camillo House requires children to be supervised at all times, and in particular with respect to the Property’s steep steps, balconies, driveways, barbecue, fireplace, outdoor fire pit, garden, and snakes which may pass through the garden

(e) Visitors of Guests at the Property must be family members, friends, and other responsible adults at least eighteen (18) years of age. Any children aged between twelve (12) and eighteen (18) years must be supervised by a responsible adult, and children aged less than twelve (12) must be accompanied by their parent or legal guardian.

(f) The Guest acknowledges and agrees that they are responsible for all acts and omissions of visitors to the Property during their stay and must ensure that visitors comply with all applicable provisions of this Agreement including clause 3.1 and clause 4 as if they were Guests.

3. GUEST OBLIGATIONS

3.1 Permitted Use

The Guest agrees:

(a) to be an occupant of the Property for the entire duration of the Booking;

(b) not to sublet or allow unregistered persons to stay at the Property;

(c) they are responsible for all persons staying at or visiting the Property (including Registered Guests) and ensuring that such persons comply with all applicable terms and conditions of this Agreement as if they were a party to this Agreement, and agrees that any breach of this Agreement by any such person (including Registered Guests) may be deemed to be a breach by the Guest;

(d) to comply with all applicable laws and regulations and not engage in conduct that contravenes criminal law or planning laws which apply to the Property and/or the Booking and acknowledges Camillo House will cooperate with any investigation of alleged contraventions at the Property during their stay;

(e) not to use the Property for any purpose other than the approved purpose as set out in this Agreement;

(f) to co-operate with Camillo House and abide by this Agreement during their stay at the Property;

(g) not to bring or permit to be brought onto the Property any motorbikes, dirt bikes, quad bikes, firearms, air rifles or fireworks or any other items prohibited in the House Manual;

(h) to duly comply with all provisions in the House Manual, the Safety Guide and all other manuals and guides provided at the Property during the duration of their stay at the Property and all check-out obligations;

(i) not to break into or attempt to break into the Property if locked out or unable to enter for any reason and to contact Camillo House for instructions and assistance;

(j) to maintain the security of the Property to prevent theft of or damage to the Property or FF&E and the Guests’ personal property, including locking doors and closing windows, and to advise Camillo House immediately if they are unable to secure the Property;

(k) to switch off or put out wood or gas fires entirely when the Guests leave the Property, even where they are not present for short periods;

(l) not to smoke or permit smoking within the Property or its grounds;

(m) use of the Property for schoolies, large parties, functions or group gatherings is strictly prohibited and that an additional Fee may be payable in accordance with the Schedule of Costs and the Agreement terminated if such permission is not obtained;

(n) not to have pets on the Property

(o) to abide by the noise and good neighbour policy referred to in clause 4;

(p) not to nail, screw, staple or fix anything to any wall, door or other surface or part of the Property; and

(q) the Guest acknowledges and agrees that in addition to all other rights Camillo House may have for breach of any provisions of this clause, Camillo House shall be entitled to charge such additional Fees in accordance with the Schedule of Costs.

3.2 Guest Facilities

(a) Camillo House provides towels and bed linen at the Property for the use of Guests.

(b) Free WIFI internet connection is made available for Guests however the Guest acknowledges the internet connection during the duration of the Booking is not guaranteed and may be disrupted, weak or unavailable without notice.

(c) Guests are responsible for ensuring that any third parties engaged to provide services at the Property are informed of this Agreement and hold appropriate public liability insurance. Camillo House accepts no liability for any third-party services including any which have been recommended or referred by Camillo House.

(d) The Guest acknowledges that it shall treat the Property with as much care as if it was the Guest’s own residence and that it shall be left in the same condition as when the Guest arrived, including returning all furniture and styling pieces to their original location.

(e) All personal property left behind at the Property is the sole responsibility of the Guest who may arrange for Camillo House to post or courier the item or collect the item from the Property. Where the Guest opts for Camillo House to post or courier the item, an administration Fee may apply as provided under the Schedule of Costs in addition to postage or courier costs.

(f) The Guest acknowledges the Property may be visited by wildlife which may include, but is not limited to rodents, insects, cockroaches, kangaroos, deer, bandicoots, wombats, snakes, and spiders, and agrees Camillo House is not responsible for and has no control over the natural and surrounding habitat.

(g) The Guest may use the fireplace, barbecue and outdoor fire pit during their stay, subject to Camillo House’s Fire Safety Guidelines. The fireplace, barbecue and outdoor fire pit must be operated by persons over the age of eighteen (18) only and is at the Guests’ own risk and Camillo House is not responsible for any damage, injury or harm that may occur from their usage.

(h) Guests may use the outdoor bath during their stay subject to Camillo House's Water Safety Guide and the rules in the House Manual. All use of the outdoor bath is strictly at the Guests' own risk and Camillo House is not responsible for any damage, injury or harm that may occur from usage of the outdoor bath swimming pool.

(i) Camillo House may make available for Guests a range of sports and leisure equipment including garden games other recreational items (Equipment) use by Guests at any time during the duration of the Booking [free of charge. The Guest acknowledges that the provisions of clauses 2.3(c)(ii), 3.43(a), 3.43(d) and 3.5 shall apply to the use of the Equipment.

3.3 Access to Property

(a) Camillo House and/or its authorised third parties may require access to the Property during the period of the Booking:

(i) for repair, service and/or maintenance during reasonable hours with notice to the Guest as far as reasonably possible;

(ii) to conduct any repairs, maintenance, or service or to protect the Property at any time in emergencies; and

(iii) for prospective purchasers to view the Property where the Property is being offered for sale, as arranged.

(b) If the Guest requests a service call and is not present to provide access, the applicable service call-out Fee provided in the Schedule of Costs will be payable.

3.4 Damages and Repair

(a) The Guest is responsible for and will be charged for all damage (outside of normal wear and tear), breakages, cost of repair or replacement to any FF&E or the Property. Where the value of the damage or cost of repair or replacement caused by the Guest exceeds the Security Bond amount, Camillo House is entitled to recover this as a debt immediately due and payable from the Guest including any administration Fees in accordance with the Schedule of Costs and for this purpose shall be entitled to use the Guest’s credit card details (where applicable) to recover monies due and/or to invoice the Guest.

(b) Camillo House does not accept liability for any loss caused by failure of equipment and/or services or utilities out of its control, which may include, but is not limited to, TV or electronic equipment, water, electricity, gas, and internet. In the event of a failure, the Guest should notify Camillo House in the first instance.

(c) Repairs, maintenance, or service reported and requested by the Guest that have been deemed necessary by Camillo House, will be carried out as soon as practicable. However, if repairs are required due to unforeseen circumstances it may not be possible to guarantee immediate repairs during the Booking period.

(d) All faults, damages, breakages, or losses to or at the Property, including to any FF&E are to be reported within twenty-four (24) hours to Camillo House. To avoid being charged for any faults, damage or breakage not caused by the Guest, any faults, damages, or breakages of FF&E as at the time of check-in should be brought to Camillo House’s attention promptly following check-in.

3.5 Assumption of Risk

(a) The Guest acknowledges and agrees that use of the Property, all facilities at the Property and its premises and any Equipment by all Guests and visitors is solely at the Guest’s own risk and that Camillo House is not responsible for the safety or wellbeing of any person, including children, any Guests or visitors to the Property or for any loss of enjoyment that may result from unusual circumstances or circumstances beyond the reasonable control or foresight of Camillo House including weather, acts of God, fires, storms, power failures, riots, strikes, pandemics or any other events usually considered to be an event of force majeure.

(b) The Guest acknowledges and agrees if at any time any weather conditions or other circumstances occur that may make usage of the Equipment, outdoor bath, outdoor fire pit, barbecue, fireplace, or any other facilities unsafe for any Guests or visitors, the Guest will ensure that they immediately discontinue usage. The Guest acknowledges and agrees that usage of the Equipment, outdoor bath, outdoor fire pit, fireplace or barbecue may cause serious or grievous injuries which may include drowning (if applicable), injury, harm and/or death.

(c) The Guest assumes all risk and takes full responsibility for all personal injury, sickness, disease (including but not limited to contracting or spreading infectious diseases), death for any reason, damage to and loss of personal property and losses of all kinds whatsoever arising out of, attributable to, caused by or resulting from the usage of the Equipment, the Property and any part of it and all facilities at the Property and the Guests’ stay at the Property, which may include but is not limited to using the Property or any part of it in any manner, and participating and/or engaging in any activities at the Property.

(d) The Guest hereby waives and releases, indemnifies, holds harmless and forever discharges Camillo House and its current and/or former agents, employees, officers, directors, affiliates, successors and trustees from and against any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that they ever had or may have, arising from, or in any way related to, their usage of the Equipment and the facilities at the Property and/or their stay at the Property by the Guests and their visitors, and any activities that the Guests and their visitors may partake in or have partaken in, at or away from the Property and its premises, provided that this waiver of liability does not apply to any acts of gross negligence or intentional or wilful misconduct by Camillo House.

4. NOISE AND NEIGHBOURS

4.1 Noise

(a) All noise must be kept indoors at the Property in the period between 10:30pm and 7:30am.

(b) Excessive noise, music and any other form of disturbance that is unreasonably disruptive to neighbours of the Property or interferes with the peace and comfort of neighbours is prohibited at all times and may result in eviction and immediate termination of the Booking under clause 7(d)(i).

(c) Where any representative of Camillo House, security guard or police attend the Property to deal with noise complaints, or where a valid complaint has been received from neighbours, the Guest will be charged an additional Fee in accordance with the Schedule of Costs.

(d) If a noise complaint is received, a first warning will be given. If a second complaint is received, Camillo House shall have the right to immediately evict the Guests from the Property and terminate the Booking and this Agreement.

(e) The Guest acknowledges that creating noise which because of its level, nature, character, or quality, or the time it is made, is likely to harm, offend or unreasonably disrupt or interfere with the peace and comfort of neighbours of the Property and other occupants of the premises may also be a chargeable offence.

(f) Camillo House is not liable for any disturbance, noise, or inconvenience that the Guest may experience from neighbours of the Property or for any other reason including any nearby renovation or building work or roads (as applicable).

4.2 Neighbours

(a) A ‘good neighbour’ policy shall be enforced at the Property by Camillo House.

(b) Camillo house will not tolerate behaviour by Guests that:

i) is violent, threatening, disrespectful or disruptive to the neighbours;

ii) which intentionally, recklessly, or negligently causes damage or loss to the neighbouring Property personal property of neighbours;

iii) disrupts traffic or causes nuisance to the community.

(c) The Guest agrees that a breach of this clause may result in a fine under the Fair Trading Act, the relevant authorities and shall give Camillo House the right to evict the Guest and immediately terminate the Booking and this Agreement and the provisions of clause 7(d)(i) shall apply.

(d) The Guests acknowledge and agree to inform Camillo House as soon as possible of any disputes or complaints regarding neighbours or any third parties that occur during their stay.

5. REVIEWS AND SOCIAL MEDIA

(a) Camillo House encourages Guests to tag @camillo_house when posting during their stay at the Property, and unless expressly objected to, Camillo House may tag the Guests in some of its posts on matters of interest or repost their images on its accounts.

(b) Where, upon request, the Guests provide Camillo House with images of themselves or others, taken during their stay at the Property, unless they expressly object, they agree to release and hold Camillo House harmless from any liability in relation to the images which it may use for its marketing material or promotional purposes.

(c) The Guest agrees that any testimonial Camillo House has received from any other guest is indicative of that guest’s experience at the Property and may not necessarily be typical. The Guest acknowledges and agrees that testimonials are not a guarantee of the experience they will have at the Property, though Camillo House endeavours to ensure every guest is reasonably satisfied.

(d) In the event the Guest experiences any issue or problem during their stay at the Property, they agree that if the issue or problem relates to:

(i) alleged contraventions of the Code, criminal law or civil penalty provisions, or planning laws by Camillo House, it must be addressed through the proper dispute resolution process ; or

(ii) other matters, it must be resolved via the internal dispute resolution process under clause 9 and may be subject to the obligations of confidentiality under clause 6, and the Guest agrees to give Camillo House the opportunity to rectify the situation before leaving negative reviews that may be published in the public domain and be damaging to the reputation of Camillo House.

(e) The Guest agrees that before leaving a review, they will consider the potential implications under the Competition and Consumer Act 2010 (Cth) and the Defamation Act 2005 (VIC) of making false and/or misleading statements and the potential for a claim for damages and other remedies where a person’s reputation has been harmed by the publication of defamatory matter.

(f) The Guest acknowledges where the Booking has been terminated for a breach of this Agreement, that any disputes or feedback should be directly raised with Camillo House, rather than in the public domain, and may be subject to the obligations of confidentiality under clause 6.

6. CONFIDENTIAL INFORMATION AND PRIVACY

6.1 Obligations with Respect to Confidential Information

A recipient of confidential information:

(a) may use the confidential information only for the purposes of this Agreement or with the prior consent of the discloser (which may be given or withheld at the discloser’s absolute discretion);

(b) must keep confidential all confidential information except:

(i) for disclosure permitted under this clause 6; and

(ii) to the extent (if any) the recipient is required by law to disclose such confidential information; and

6.2 Privacy

Camillo House agrees to comply with the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information that can identify individuals, or make them reasonably identifiable (Personal Information), in relation to all Guests’ Personal Information collected by Camillo House, to the extent that it is legally obligated to comply with these laws. The Guest should also refer to Camillo House’s Privacy Policy on the Website.

6.3 Confidential Information

In this clause 6, confidential information includes:

(a) all information relating to or concerning any issues, problems, disputes and feedback as contemplated by clauses 5(d) and 5(f);

(b) all Personal Information held by Camillo House relating to Guests; and

but excludes information:

(d) which is in the public domain at the date of this Agreement or becomes part of the public domain after the date of this Agreement without any breach of this Agreement or other obligation of confidence;

(e) which the recipient can prove was already known to them at the time of disclosure by the disclosing party (other than if such knowledge arose from the disclosure of confidential information in breach of the obligation of confidentiality); or

(f) which the recipient acquired from a third party entitled to disclose it.

7. REFUNDS, BREACH AND RIGHTS OF TERMINATION

(a) Camillo House reserves the right to refuse or grant refunds for the Services pursuant to the Australian Consumer Law as provided in the Competition and Consumer Act 2010 (Cth). Any requests by the Guest for refunds must be detailed in writing and will only be considered when options for remedies or replacements have been exhausted.

(b) The Guest acknowledges that any breach of this Agreement by the Guest may result in the Guest becoming liable for payment of Fees as outlined in the Schedule of Costs and other associated consequences as specified in this Agreement including termination of a Booking and this Agreement with no refund payable.

(c) The Guest acknowledges the Property may not be used for schoolies or large parties, functions or group gathering sand Camillo House shall have the right to cancel or terminate the Booking, retain all amounts paid in respect of the Booking with no refund payable, and charge any additional Fees payable under this Agreement in accordance with the Schedule of Costs.

(d) Without prejudice to any other rights or remedies Camillo House may have under this Agreement or at law, Camillo House shall have the right to terminate the Booking and this Agreement with written notice effective immediately or at such later time stipulated in the notice and to retain all amounts paid in respect of the Booking and charge any additional Fees payable under this Agreement in accordance with the Schedule of Costs if:

(i) a provision of this Agreement specifically grants a right of termination;

(ii) the Guest commits a material breach that is not capable of remedy or multiple or recurring breaches of this Agreement whether remedied or not; or

(iii) the Guest commits a material breach and does not rectify the breach within any reasonable time given by Camillo House for the Guest to rectify the breach.

(e) Camillo House will not be liable for any losses, costs and/or expenses incurred or sustained by the Guest as a result of the termination of this Agreement and the Booking.

(f) The termination or conclusion of this Agreement and the Booking does not affect or effect any release of any accrued rights, obligations, or remedies of a party in relation to events, acts or omissions that occurred before the termination or conclusion of this Agreement and the Booking including any claim that either party may have against the other party.

(g) The Guest acknowledges and agrees where the Booking is terminated pursuant to a breach of this Agreement, the provisions of clause 5(f) apply.

8. LIMITATION OF LIABILITY

8.1 Liability of the Guest

Camillo House may, in its sole discretion, take an action (including legal proceedings) and claim against:

(a) the Guest pursuant to the provisions of clause 3.1(c); or

(b) the Guest and/or any or all other relevant Guests notwithstanding the provisions of clause 3.1(c),

for all acts and omissions, breach of this Agreement and all other liability under this Agreement, in equity or at law, of the Guest and/or any other Guests.

8.2 Total Liability

To the fullest extent permitted by law (including the Australian Consumer Law), the total liability of Camillo House under or in connection with this Agreement in respect of all claims (if any) is limited to the lesser of all amounts paid to Camillo House, and all amounts paid or payable for the Booking, and in any event shall not exceed the available proceeds of the professional indemnity and/or public liability insurance coverage of Camillo House at the relevant time.

8.3 Consequential Loss

In no case shall Camillo House, its officers, employees, affiliates, agents, contractors or licensors be liable for any consequential loss arising from the Guests’ use of, or reliance on, the Booking, the Property or Services and/or any content or information (including regulatory or legislative) provided at or about the Property or in information brochures about the Property including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via Camillo House.

8.4 Australian Consumer Law

Nothing in this Agreement is intended to limit any Australian Consumer Law guarantees or warranties that may apply to the Services that cannot be excluded.

9. DISPUTE RESOLUTION

The parties must use reasonable endeavours to resolve all disputes through negotiation. If the dispute cannot be resolved through negotiation between the parties within twenty-one (21) days of the dispute arising, either party may commence mediation or other proceedings.

10. GENERAL

10.1 Severability

If any provision or part of this Agreement is void or unenforceable for any reason, then that provision or part will be severed from this Agreement and the rest of this Agreement shall be read as far as possible as if the severed provision or part had never existed.

10.2 Entire Agreement and Variation

The parties agree that this Agreement is the entire agreement between Camillo House and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between Camillo House and the Guest in that regard. Any changes to this Agreement must be agreed in writing between Camillo House and the Guest prior to the changes coming into effect.

10.3 Governing Law and Jurisdiction

This Agreement is governed by, and all disputes relating to or arising in connection with this Agreement or the subject matter of this Agreement shall be resolved in accordance with, the laws of Victoria, Australia and the parties irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from those courts.

10.4 Joint and Several

Where the Guest is two or more persons:

(a) any agreement, representation, warranty or indemnity given by them binds each person jointly and severally; and

(b) any agreement, representation, warranty or indemnity in favour of them may be enforced by any of them.

10.5 Singular or Plural

In this Agreement, words in the singular include the plural and vice versa, unless the contrary intention appears.

10.6 Survival

The provisions of clauses 1, 3.5(d), 5, 6, 8, 10.3 - 10.5 and this clause 10.6 (and any other provisions which by their nature are intended to continue to have effect) shall survive the expiration or termination of this Agreement and the fulfilment, expiry, cancellation or termination of any Booking.

10.7 Interpretation

In the event of any ambiguity, inconsistency or uncertainty in the interpretation of the terms and conditions set out in the body of this Agreement and any other documents or information comprising the Agreement as referred to in clause 1(a), the Guest shall raise the ambiguity, inconsistency or uncertainty with Camillo House to resolve and provide direction.

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