Terms and Conditions

Please read the information below carefully. Mornington Peninsula Holiday Accommodation (MPHA) OR the owner of the property will not be held responsible for any misinterpretations made.

When making a booking with Mornington Peninsula Holiday Accommodation (MPHA) you are asked to accept these Terms and Conditions and the Mornington Peninsula Shire Short Stay Rental Accommodation Code of Conduct.

The Mornington Peninsula Shire Short Stay Rental Accommodation Local Law 2022 and associated Code of Conduct apply to short stay rental accommodation on the Mornington Peninsula. Guests are required to comply with the Code of Conduct during their stay.

Mornington Peninsula Shire – Short Term Rentals:
https://www.mornpen.vic.gov.au/The-Shire/Contact-us/Online-payments-and-services/Short-Term-Rentals

General

  1. The number of guests staying at the property must not exceed the number of guests on the booking and must comply with the maximum occupancy permitted for the property.
  2. No Schoolies or groups under the age of 25 allowed. Any Schoolies bookings or groups under the age of 25 will be cancelled immediately. This excludes families travelling with children under the age of 18.
  3. The person who has signed the booking form must stay at the property. This person becomes solely responsible for the care of the property, its contents, and surrounds.
  4. You are granted permission to occupy the property for holiday purposes only. This is not a residential tenancy agreement under the Residential Tenancies Act.
  5. All prices are quoted in AUD and all bookings received are subject to the Landlord's approval. All payments will be processed in Australian Dollars.
  6. The property must not be used to host a party, function or gathering of any sort without prior written approval from MPHA. A breach of this condition may result in termination of the booking and the guest being responsible for any reasonable costs incurred as a result of the breach, including additional cleaning, rubbish removal, security attendance, damage or other costs.
  7. We make every effort to describe the property as accurately as possible. MPHA will not be held responsible should the property not match your expectations. Please ensure on booking that the property is exactly what you are looking for. No refund will be given for early departure or refusal to stay at the property, except where otherwise required by law.
  8. We reserve the right to cancel any booking should the owner of the property sell the property, take it off the market for rental or feel the property is not fit for occupancy. We will make every effort possible to find alternative accommodation. Otherwise, a full refund of the rental, booking fee and security bond will be made. Nothing in this clause limits any rights a guest may have under the Australian Consumer Law.
  9. Disputes regarding damage, cleaning or rubbish will not be entered into unless reported to our office upon arrival at the premises. Damage or breakages to the property must be reported to our office immediately.
  10. All security bonds will be held in trust and refunded within 7-10 business days after satisfactory inspection of the property. All bonds will be returned by the method to which they were paid.
  11. MPHA or the owners of the property are permitted to inspect the property with prior notice if they suspect that the property is not being used for its intended purpose. If they find that the property is not being looked after, the owner may request that guests be evicted. No refund will be given for unused rent, subject to any rights the guest may have under applicable law.

Changes and Cancellations of Bookings

  1. MPHA strongly recommends that you obtain travel insurance.
  2. Any changes to a confirmed booking will incur a $200 administration fee.
  3. If you choose to cancel your booking, the following fees and charges will apply:
    1. 60 days or more prior to check-in, a full refund of money paid will be given LESS a $200 administration fee, the non-refundable $90 booking fee and all relevant credit card charges.
    2. Less than 60 days prior to check-in, no refund will be given unless the property can be re-let for the same period and same value as your booking. If the property is re-let, a refund will be given LESS a $200 administration fee, the non-refundable $90 booking fee and all relevant credit card charges. If a part replacement booking can only be secured, the guest may be responsible for those days not re-booked. MPHA will make reasonable efforts to re-let the property where practicable.
    3. Nothing in this cancellation policy excludes or limits any rights or remedies that cannot legally be excluded under the Australian Consumer Law.

Visitors and Guests and Functions

  1. Additional guests are not permitted to stay at the property unless prior consent is given. If the maximum number of guests is exceeded, your occupancy may be terminated, and this may result in loss of rental fees and your security bond. Any additional guests found to have stayed at the property during your stay will be charged at an additional $100 per guest per night.
  2. The property must not be used to host a party, function or gathering of any sort without prior written approval from MPHA. A breach may result in termination of the booking and the guest being responsible for any reasonable costs incurred as a result of the breach, including cleaning, rubbish removal, security attendance, damage or other costs.
  3. Guests are not permitted to erect swimming pools, inflatable equipment, tents or camping equipment or park caravans on the property. Your occupancy may be terminated, and loss of security bond may occur in doing so.

Damages, Breakages and Repairs

  1. Disputes regarding damage, cleaning or rubbish will not be entered into unless reported to our office upon arrival at the premises. Damage or breakages to the property must be reported to our office immediately.
  2. Guests are not permitted to rectify any damage unless approved by MPHA or the owner. Any costs that occur due to loss, damage or breakages will be deducted from your security bond.
  3. Furniture must not be moved around or in and out of the property. A $100 charge will be deducted from the security bond if furniture is found to have been moved.
  4. Please be aware that any insurance over the property does not cover your possessions. MPHA or the owners will not be held responsible for guest's lost, stolen, or damaged property, except to the extent liability cannot legally be excluded.
  5. If guest's property is found, we will contact you to arrange for collection from our office or arrange postage to you. Any belongings that require return via post will incur a postage charge. Goods will only be held for 30 days. All unclaimed belongings will be disposed of after 30 days.
  6. If trades people or service technicians need to be called out for an appliance malfunction or breakdown and it is determined that operator error is the reason for the malfunction, guests will be required to pay the reasonable bill for the service call and repairs. We strongly encourage all guests to read manuals and booklets in the premises on how to use appliances.

Smoking

  1. All MPHA properties are non-smoking. Smoking and vaping are not permitted inside the property or near doorways or windows. Smoking outside is allowed, however, cigarette butts MUST be disposed of in bins.

A $300 cleaning and deodorising fee will be charged if there is evidence of smoking or vaping inside the property and may be deducted from the security bond. Where additional damage or cleaning costs are incurred, the guest may also be responsible for those reasonable additional costs.

Animals and Pets

  1. Animals of any kind are NOT permitted in or around the property at any time unless with prior approval. Guests' visitors are also not permitted to bring animals to the property.

If a pet is approved, the yards MUST be cleaned thoroughly before checking out. If an unauthorised animal is brought onto the property, or an approved pet results in excessive cleaning being required, a minimum $300 cleaning fee will apply and may be deducted from the security bond. Where additional damage or costs are incurred, the guest may also be responsible for those reasonable additional costs.

Bedding and Linen

  1. Doonas and pillows are supplied at the property. Guests will need to supply all sheets, pillow cases and towels unless otherwise stated on the Final Confirmation email.
  2. Any missing linen or towels and excessive laundering will be deducted from the security bond.

Noise and Disturbances

  1. Excessive noise will not be tolerated; curfews are in place preventing excessive noise after 11:00pm and 7:00am. Residents and owners will not hesitate to contact us and/or police if curfews are ignored. You must be respectful of neighbouring properties. Offensive behaviour may result in termination of your occupancy.
  2. Security patrol and monitor our properties on a 24 hour, 7 day a week basis. Security called to the property due to a complaint of noise, disruptive behaviour or disturbance may result in eviction and loss of your security bond. Additionally, if security is called you will be charged the applicable callout fee. A second callout may result in the police being notified.

Cleaning and Rubbish

  1. The owner of the property shall make sure that the property is in a clean and tidy condition on the day of their guests' arrival. Should the property not be fit for occupation, you must contact us within 2 hours of arrival. We will do what we can to rectify the problem as soon as possible.
  2. Please ensure that you leave the property clean and tidy. Excess cleaning may be charged at a rate of $45 per hour and taken out of your security bond.
  3. Ensure all food is taken with you from the fridge and pantry.
  4. All rubbish needs to be removed from the house and placed in the outside bins provided.
  5. Please ensure bins are placed on the nature strip the night before collection (details of bin night will be stated at the property).
  6. Any excess rubbish needs to be cleared from the property. In the event that excess rubbish is left at the property or bins are left overflowing, a charge of $50 per bin, bag or box will be charged and taken out of the security bond.

Pools and Spa

  1. Please do not alter any pool or spa equipment during your stay. You should contact us immediately if you have issues or problems with the pool or spa or its equipment.
  2. No glassware is to be taken into the pool area.
  3. Pools and spas may only be used between the hours of 7.00am and 11.00pm.

Barbeques

  1. Barbeques are to be cleaned prior to departure. A $60 cleaning charge will apply if the barbeque requires cleaning after departure.
  2. If the gas bottle is empty during your stay and there is not a spare, please have it refilled or swapped at your local hardware or petrol station. Please send us the receipt and we will reimburse you when your security bond is refunded.

Wi-Fi, Phone and Utilities

  1. MPHA nor the property owners will not be held responsible for coverage, outages or speed of Wi-Fi or mobile phones in and around the property. Not all properties have Wi-Fi, and we suggest you discuss your requirements with us prior to booking.
  2. Where internet is provided, guests are asked to be responsible and only use it for accessing emails, social media and simple online searches. NO streaming or downloading of videos, music, or other copyrighted material. Excessive downloads may result in a reasonable charge to the guest deducted from your security deposit.
  3. We will not be held responsible for failure of utilities, internet, or appliances. We will endeavour to have our tradespeople, or a technician, repair the item as soon as possible. Nothing in this clause excludes any rights that cannot legally be excluded.

Building and Renovation Works

  1. Our properties are located in suburban locations where building or renovation work may occur within the vicinity of the Property. Neither MPHA nor the Owner are responsible for any noise from neighbouring properties caused by building or renovation work. No refund or reduction of tariff will be offered for noise from building or renovation work, except where otherwise required by law.

Arrivals and Departures

  1. Guests are required to provide us with suitable identification prior to check in. If no ID or form is received prior to check in, no keys or information will be handed to the guest until such time as we receive the information required.
  2. It is imperative that guests abide by check-in time of 3:00pm and check-out time of 10:00am unless otherwise agreed. Failure to comply may result in a fee of $50.00 per half hour being deducted from the security bond where additional reasonable costs are incurred as a result of the late departure.

Indemnity and Release

  1. You indemnify MPHA and the owner of the property against liability, loss or reasonable costs that might otherwise attach to the owner of the property as a result of injury, damage or loss (personal and proprietary) suffered by any person, where such injury, damage or loss has been caused or contributed to by any negligent, unlawful or wilfully wrongful act or omission of you or your visitors. This clause does not exclude liability that cannot legally be excluded.
  2. You book, live-in, use the property and leave your personal belongings there at your sole risk, subject to any rights and liabilities that cannot legally be excluded. You release MPHA and the owner of the property from any claim arising from, but not limited to, injury, loss or theft, or from any occurrence beyond our reasonable control such as, but not limited to, natural disasters, acts of terrorism, acts of God, delays, cancellations or government regulations. Nothing in this clause excludes liability that cannot legally be excluded.

No Claims Against MPHA

MPHA is the property manager only and acts as agent of the property owner. To the maximum extent permitted by law, MPHA's liability is limited to its role as property manager and agent. Nothing in these Terms and Conditions excludes or limits any liability or consumer right that cannot legally be excluded or limited, including rights and remedies under the Australian Consumer Law.

These conditions are an agreement between the parties. Any infringement permits the owner of the property or MPHA, where appropriate, to refuse access, amend the rental or immediately terminate the occupancy in accordance with these Terms and Conditions and applicable law.

ALL guests must comply with the above Terms and Conditions with respect to the property and its surrounds.

Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.