The individual booking the Property per the Booking Summary ("Guest", "you") and person who controls the Listing of the Property ("Host") have been connected via the Staylonger booking platform regarding the Guest staying at the Host's property for a non-permanent stay ("Booking").

The Guest and Host are also bound by the terms herein, to govern the Booking.

The Booking Summary details the Fees involved for the Booking, and certain House Rules, each which form a binding part of this Agreement, together with other policies and procedures as referenced herein.

The terms and conditions herein ("Agreement") govern the occupation by the Guest of the Host's Property which has been booked by the Guest on the digital booking platform conducted and managed as a third-party service by Staylonger ("Platform").

This Agreement may be updated by Staylonger from time to time, with such version on the Platform when the Booking is confirmed to be applicable between the Guest and Host.

This Agreement is a legally binding contract between the Host and Guest, as described in the relevant Booking Summary, and are enforceable by Staylonger.

For the avoidance of doubt, Staylonger is only a party to this Agreement if the enforcement of this Agreement including identification of relevant parties where required to ensure enforcement.

Host has appointed Staylonger to act as their collection agent solely for the limited purpose of accepting Fees and, where applicable, making refunds to the Guest on their behalf in accordance with this Agreement and any other terms that are deemed to apply.

You are granted an exclusive licence to stay at the Property pursuant to the Booking Summary, and on the terms and conditions of this Agreement ("Property Rights").

You agree that your Booking relates to non-permanent stays only, and does not constitute a formal tenancy or permanent rental.

Should a court of valid jurisdiction order that this Agreement be considered anything that requires formal requirements such as more formal lease documentation, then this Agreement will be narrowed to the extent that it Staylonger is under no obligation to provide the same, and the remainder of the Agreement be severed from applying.

Should such obligations exist under applicable laws or regulations regarding lease requirements, the Host and Guest will be responsible for compliance with the same, and all parties acknowledge that Staylonger maintains its role as a booking platform.

The Host agrees and confirms that:

• they have the right to grant the Property Rights on the terms set out in this Agreement;
• by entering into this Agreement they will not breach any other agreement relating to the Property (including the terms of any lease in relation to the Property);
• should any additional consents be required or costs and/or taxes be payable in order to grant the Property Rights, these shall be the Host's responsibility;
• the Property on the Platform is an accurate and true reflection of the Property at the time a Booking is made;
• the Property complies with applicable laws and regulations as appropriate for the Booking;
• where required by law or local regulations, they will provide fire and health and safety guidance, which shall include information about fire exits, at least one first aid kit, smoke alarms, carbon monoxide alarms where necessary and details of the water and gas shut-offs;
• they will contact the Guest using Staylonger platform in the first instance and otherwise using the telephone number (if any) and email link provided on the Booking Summary;
• the Property will be clean, sanitary and free from rubbish on check-in with clean bedding and bathroom towels;
• that all Property has current, valid and adequate rental, landlord, public liability covering injury or death (in accordance with the relevant laws) and home and contents insurance coverage for the entirety of the value of the Property, and should any claim be made, that it be processed and made by Host to the relevant insurer with the assistance of Staylonger and Guest, where requested;
• if they receive notification from the Guest of a problem with the Property either on check-in or during the Guest's stay they will take the steps necessary to remedy the situation as set out in clause 13 "Complaints and Dispute Resolution"; and
• not to disclose the Guest's identity or address to others under any circumstances, unless agreed by the Guest or where enforcement action by Staylonger is required in their discretion.

The Guest agrees:

• in addition to the Stay Fee and fees already paid for in accordance with the Booking Summary, pay any amounts deemed owing under this Agreement, which may be collected by Staylonger as a collection agent for Host;
• they or any individual permitted to be at the Property by the Guest is not on an "Exclusion Register" according to specific legislation or similar lists indicating they do not have good character or history as a guest;
• they have not provided false or misleading information at any stage of the Booking process, including the photo-ID verification and guest numbers, and individual details for the same. Should there be any change or realisation of false information provided, the Guest will notify Staylonger immediately.
• not to occupy the Property other than as personal accommodation for holiday or non-permanent occupation, including for commercial purposes like photo shoots or business-related purposes;
• that they consent to external surveillance cameras (installed for Property security) at the Property during the Booking;
• that the maximum number of people and animals occupying the Property will be the number of guests and animals stated in the Booking Summary, during the entire time of the Booking;
• not to do or permit anything to be done which may be a nuisance, annoyance or disturbance to, or be abusive or discriminatory to the Host or any owner or occupier of neighbouring property, and noting that any noise complaints may cause security to be called on the Guest (which will be at least $350 per call out);
• not to cause or permit any damage to the Property (other than reasonable wear and tear);
• that they will observe any House Rules specified in the Property Listing and/or notified to the Guest before or on arrival at the Property including any health and safety guidance provided by the Host;
• to contact and notify the Host immediately upon becoming aware of anything that might put health and/or safety of Guests or the Host (in the future) at risk and if the Host is not contactable, to contact and notify Staylonger;
• comply with any laws and regulations that apply at the Property including or conduct any illegal or immoral activity at the Property like taking of illegal drugs;
• to leave the Property in the same condition it was at check in;
• that they are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom the Guest invites to, or otherwise provides access to, the Property, excluding the Host (and the individuals the Host invites to the Property, if applicable);

The Guest acknowledges that they are strictly responsible and liable for any behaviour of pets, that must be appropriately approved in the Booking Summary and in addition to any House Rules, approved pets must:

• Comply with local animal control laws, regulations, including registration where necessary;
• Must not cause a nuisance, or affect the quiet peace and enjoyment of any neighbour;
• Must not be allowed inside the Property or on furniture unless expressly permitted in House Rules or on the Booking Summary.

The Guest further agrees:

• not to access cupboards, drawers or rooms which have been sealed with tape or locked;
• not to move furniture;
• that they will only contact the Host or Staylonger using the details on the Booking Summary;
• not to disclose the Host's identity or address to any third party under any circumstances;
• that the Host is entitled to visit the Property on prior notice (except in case of emergency) and to permit the Host (or an agent of the Host) access in the event that the Host reasonably suspects a breach of this Agreement or upon request of the Guest.
• They do not have the rights to transfer the rights obtained herein to any third party without the prior consent of the Host;
• If any changes to the Property are required based on a breach by the Guest of this Agreement, like changing of key barrells or security measures, the cost of the same will be chargeable to the Guest; and
• not to do or omit to do anything which could invalidate all or part of the Host's insurance policy.

The Guest acknowledges:

• There is a strict "No Parties" policy for the Property;
• A "Party" will be deemed to be a gathering of any individuals who are not approved to be at the Property per the Booking Summary;
• If Host deems there to be or have been a Party held at the Property by the Guest, then the Guest may be removed immediately from the Property, and will be charged at least a week's Stay Fee for the Property, plus any related costs like security call outs (which will be at least $350 per call out), without prejudicing any further rights at law or equity available to the Host.

In the event of a date amendment request for your Booking, the Host reserves the right to approve or deny the request and any amendments approved by the Host may be subject to a change in Stay Fee, and new terms required by the Host.

The following will apply to cancellation by the Guest:

• in the event of cancellation more than 15 days prior to a Guest's check in date, Host will refund 50% of the Stay Fee;
• in the event of cancellation less than 15 days prior to a Guest's check in date, no refund will be provided;
• After their Minimum Stay (per Booking Summary), a Guest may cancel with 30 days notice, provided no party has breached obligations within this Agreement.

To request to cancel the Booking as above, the Guest must email [email protected] with correct references to the Booking and provide the reasons, which will be taken to have been received at the time the email has been received by our server/s.

Notwithstanding any right to cancel, or terminate the Booking, the Guest acknowledges that Host or Staylonger may enforce this Agreement to claim further costs or amounts owing to them.

Should the Host need to cancel the Booking, it may but only subject to the Host Cancellation Terms agreed between Host and Staylonger and applicable as shown here. For the purposes of this Agreement, the Host may cancel the Booking for reasons outside of its control as deemed appropriate by Staylonger, and Staylonger will communicate with the Guest in relation to the same.

Guest irrevocably authorises Staylonger to charge all amounts payable according to this Agreement or the Booking to the credit/debit card held on file for you, including any amount that is not paid when due on top of any taxes, duties, or merchant charges that might be payable by Staylonger for processing the same.

An amount referenced as the "Security Hold" during booking on the Platform and confirmed in the Booking Summary as required by the Host will be processed as a pre-authorised hold on a Guest's credit/debit card two (2) days prior to Guest checking in, and upon the Property Conditions being complied with by the Guest as confirmed by Host to Staylonger, such Security Hold (or part thereof) is released approximately five (5) days after check out.

If the Property (or any part of it) or any of the Host's personal property is damaged during the stay, beyond reasonable wear and tear, the Guest:

• must immediately notify the Host (or Staylonger if they can't contact the Host); and
• will be liable in full for the costs of that damage.

The Guest warrants that if the Host can demonstrate that the Property (or any part of it) is damaged during a Guest's stay, beyond reasonable wear and tear in proportion to the Booking, they will instruct Staylonger to deduct the cost of the relevant damage from the Guest's Security Hold.

The Guest agrees that they will vacate the Property at the check-out time as detailed in the Booking Summary. The Guest acknowledges and agrees that if they do stay past the stipulated check-out time without the Host's consent, the Guest:

• will be in breach of this Agreement and the Host (or an agent on the Host's behalf) can require you to leave;
• will be charged the Stay Fee applicable for the additional time between the Booking Summary check out time and when the property is returned to the condition it was at the respective check-in date;
• will be responsible to pay an additional week's Stay Fee for the relevant Property; and
• may be subject to further legal and enforcement action for the removal of them, their property and their guests, including all fees related to legal services or collection, all at your cost to be charged to you immediately.

A party claiming that a dispute has arisen under or in connection with this Agreement ("Complainant") must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless the Complainant has complied with the requirements of this clause.

The Complainant must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.

If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may refer the matter to a mediator.

If the parties cannot agree on a mediator within a further 14 days, the complainant will refer the matter to the President to the Law Institute of Victoria to appoint a mediator. The time and place for mediation will be determined by the mediator. The parties must attend the mediation (including online attendance if deeded appropriate by the mediator), in good faith, to seek to resolve the dispute through mediation or if directed by the mediator through any other alternative dispute resolution processes.

Any attempts made by the parties to resolve a dispute in accordance with this clause shall be without prejudice to any other rights or entitlements of the parties under this Agreement, by law or in equity.

The Guest acknowledges and agrees that they are responsible for the conduct and activities carried out at the Property and they fully release Staylonger and the Host from all claims arising from conduct and activities during the Booking, except to the extent the claim was caused or contributed by the Host.

The Guest indemnifies and will keep indemnified Staylonger and the Host in respect of any costs, claims, liabilities or expenses suffered or incurred in respect of the Guest breaching this Agreement.

This Agreement shall end on the earlier of:

• the date and time when the Guest checks out of the Property; or
• the expiry of any period specified in a notice of breach given by the Host to the Guest (provided that the Guest must have been given a reasonable period to remedy a remediable breach).
• the date specified in a notice of breach from the Host if there is a repudiatory breach by the Guest.
• the date specified in a notice of breach from the Host if the Guest has breached the Agreement that cannot be remedied.

Upon termination, and without prejudice to any available rights to the Host under law or equity, the Host may take all necessary action to remove the Guest, restrict access, and charge the Guest the costs to do so.

The Guest acknowledges and agrees that, subject to the provisions of (c) below, the Host and Staylonger shall not be liable to the Guest for:

• the death of or injury to the Guest including Additional Guests or invitees to the Property;
• damage to any property of the Guest or the Additional Guests or invitees to the Property; or
• any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Guest or Additional Guests or invitees to the Property in the exercise of this Agreement.

The Host's liability to the Guest for all losses shall not exceed the Stay Fee paid by the Guest for the Booking plus any fees or payments that the Guest paid during their Booking.

Nothing in this clause limits or excludes the liability of any party for death or personal injury caused by its negligence (or the negligence of its agents or employees) or for fraud.

This Agreement constitutes the entire agreement between the Guest and the Host and any other terms, conditions or prior representations whatsoever shall be of no effect unless expressly set out in or referred to in this Agreement, such as the Booking Summary terms.

If any term of this Agreement is found to be void or unenforceable by any court or authority of competent jurisdiction or is not permitted under valid laws, regulations or ordinances, then all other provisions of this Agreement will remain in full force and effect and will not in any way be impaired provided the parties agree a replacement provision which is as close as is legally permissible to the provision found invalid or unenforceable.

The Host shall be entitled to sub-contract or delegate its obligations under this Agreement without the consent of the Guest, provided that the Host continues to remain ultimately responsible for the performance of those obligations.

This Agreement and any non-contractual obligations arising out of or in connection with it is governed by and is to be construed in accordance with the laws of the state in Australia the Property is in.

The Host will not be liable to Guest or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any cause beyond its reasonable control.