(a) “Fee Schedule” means the fee schedule contained under Host Costs and Prices, which fees may be adjusted from time to time by notice in writing from the Company to the Hosts.
(b) without notice in writing from the Company to the Hosts.
(c) “Guests” means those persons who make bookings through the Company and who utilise the Premises as overnight accommodation as a result of that booking.
(d) “Premises” means the residential premises owned and occupied by the Hosts or with landlord written permission and located at the given address.

PROVISON OF ACCOMMODATION

2.1 The Hosts hereby agree to allow the Premises to be utilised for overnight accommodation by the Guests.

2.2 The Hosts hereby grant to the Company for the Term the sole and exclusive right to advertise their premises.

2.3 The Hosts further agree that for the term it will allow the company to utilise external photos of the Host premises in all promotional and advertising materials used by the company in the promotion of its home stay network, including by not limited to, placement within advertising brochures, magazines and on the Internet.

2.4 The Hosts acknowledge that the Company is under no obligation to place any bookings with the Hosts at the Premises 2.5 The Hosts acknowledge that the Company does not warrant or guarantee the suitability for otherwise of the Guests for whom booking have been taken for overnight accommodation at the Premises.

TERM

3.1 This Agreement shall commence in the date hereof and shall continue until terminated pursuant to this clause 3 (“the Term”).

3.2 Either party may at any time during the Term terminate this Agreement upon giving at least one (1) months written notice of the termination to the other party and upon the expiration of the period of one (1) month this Agreement shall be deemed terminated.

3.3 Either party may immediately terminate this Agreement at any time during the Term, by giving written notice of termination to the other party, upon the happening of any one or more of the following events: -

(a) Where the other party is an individual, he commits an act of bankruptcy or is declared bankrupt or insolvent or his estate otherwise becomes liable to be dealt with under any law relating to bankruptcy and/or insolvency;

(b) Where the other party is convicted of a criminal offence

(c) Where the other party is a company, a resolution is passed or court order made for the winding up of that party or an official manager is appointed to that party pursuant to any relevant law;

(d) A receiver or manager or receiver and manager is appointed to the assets or undertaking of the other party or any part thereof;

(i) The date of expiry without rectification of a notice referred to in this paragraph, that is to say: -

(ii) If the other party fails duly and punctually to carry out ant obligation on its party to performed and observed pursuant to this Agreement; and

(iii) The failure is not to rectified within (14) fourteen days after service if a written notice on the other party specifying the nature of the failure and directing the other party to whom the notice is addresses to rectify the failure or cause the failure to be rectified;

(iv) And upon service of such notice of termination this Agreement shall be deemed terminated.

THE COMPANY’S COVENANTS AND DUTIES

4.1

(a) To duly advertise, promote and market the home stay network to encourage its use by domestic and international travellers at the Company’s discretion.

(b) To handle verbal and written enquiries in relation to the home stay network and any Hosts or Premises.

(c) To invoice Guests on behalf of the hosts who do not turn up and have not given appropriate prior notification to Hosts.

(d) To provide promotional material and business logo and templates to Hosts.

THE HOST COVENANTS AND DUTIES

5.1 Prior to the commencement of there Agreement, the host is to, as its own costs, seek all requisite authorities and consents from the appropriate Local Council and/or other statutory or governmental bodies or authorities to allow the Premises to be used for the provision of overnight accommodation to the Guests. Prior to any bookings being made for the Premises, the hosts are to provide evidence of such consents to the Company.

5.2 The hosts are to provide the items listed in Schedule A annexed hereto. Prior to bookings being made for the Premises, the hosts are to provide the Company with evidence that all items listed in Schedule A are located at the Premises.

5.3 The Hosts, upon taking a booking from the Guests, will provide the Guests with the address details, telephone numbers and directions on getting to the Host Premises. Hosts must instruct the Guest that they are to contact them by way of telephone or email at least 24hours prior to their arrival at the Premises to confirm the booking. (unless the booking is made the same day as the accommodation is required in which case the Guests shall be instructed to make contact with the Hosts as soon as is practicable)

5.4 The Hosts are to keep and up-to-date Register of all Guests who stay at he Premises. This register shall contain, amongst other matters, the date(s) on which the Guests stayed at the Premises. The Company shall make this Register available upon reasonable request during the Term.

5.5 The Hosts are to immediately notify the Company should a Guest be unsatisfied with the host or accommodation services provided.

5.6 The Host warrant that the Premises are owned by them and occupied as their principal place of residence, or if the premises are rented, that they have the prior written consent of the landlord to the use of the Premises in this way.

5.7 The Hosts agree that throughout the term it will keep and maintain the Premises in a clean and good state of repair suitable for the provision of overnight accommodation.

5.8 The hosts must keep no pets that can cause injury of any kind to the Guests. The Hosts agree that the Company will not be liable in any way whatsoever for an injury caused by a pet or pets located a the Premises.

5.9 The Hosts agree to provide continental breakfast ( cereal, toast, muffins or crumpets ) including tea and coffee making facilities to the Guests free of charge.

5.10 The Hosts may provide to the Guests upon request, meals, internet access and clothes washing facilities and may charge the Guests a fee for each additional service provided in accordance with the Fee Schedule.

INDEMNITY AND INSURANCE

6.1 The Hosts are liable for and indemnifies the Company against any claim, liability or loss in respect of personal injury (including death) to any person or loss of or damage to any property for any other loss or damage whatsoever arising out of or in connection with the use of the Premises for overnight accommodation by the Guests.

6.2 The Hosts must effect and maintain in the form appropriate to the Hosts activities and acceptable by the Guests.

(a) Public liability insurance for not less than $10M in respect of a single occurrence. The host shall notify its insurance company of any change of circumstances regarding occupancy of the Premises and will ensure that its insurance policy provides adequate coverable for the accommodation provided under this Agreement;

(b) Adequate home and contents insurance for the protection of the Premises and its contents against fire, theft or other loss or damage arising out of the use of the property, including its use for the provision of overnight accommodation by persons invited into the Premises by the hosts.

6.3 The host must affect these insurances prior to the taking of bookings by the company for the Premises and must maintain for the term of this Agreement.

6.4 Prior to the taking bookings for the Premises, the host is to provide to the company evidence of the terms and currency of the insurances referred to in this clause and shall provide such evidence whenever requested by the company during the term if this Agreement or within fourteen (14) days after each anniversary of the date of this Agreement.

EXCLUSION CLAUSE

The Company shall not be liable in respect of any loss or damage, whether arising contract, tort or otherwise, sustained by the Hosts or any other person, which may be sustained in connection with this Agreement or the subject matter of this Agreement. Such loss or damage shall include, but is not limited to, loss or damage caused by the negligence of wilful act of default of the Company or others, whether consequential or otherwise and whether or not such loss or damage is reasonably foreseeable. This Agreement contains all warranties and conditions given by the Company in connection with the subject matter of this Agreement and to the extent that the Company may exclude any warranties or conditions which might otherwise be implied by any competent legalisation then the Company excludes from application all such implied warranties and conditions.

FEES AND COMMISSION

8.1 Upon the execution of this Agreement, the host shall pay to the Company a registration fee set out in the Fee Schedule.

8.2 Upon execution of this Agreement and upon each anniversary of the date of this Agreement, until such time as this Agreement is terminated, the Hosts shall pay to the company an annual fee as set out in the Fee Schedule.

8.3 The Hosts shall during the Term pay to the company the Booking Fee on a monthly basis. The Company will submit to the Hosts an invoice once each month for payment of the Booking Fee. The Hosts must pay by way of a bank cheque, postal order or, when available, direct debit, the amount stated in the invoice to the Company within seven (7) days of receipt of each invoice.

ASSIGNMENT

Any and all rights existing under this Agreement shall not be transferred or assigned by the Hosts.

ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement between the parties hereto with respect to the within subject matter and supersedes any previous Agreement whether written or oral relating to the same subject matter.

SEVERABILITY

If any court of administrative body of competent jurisdiction shall declare any portion of this Agreement void or unenforceable, such portion shall be deemed severed from the remainder of this Agreement, which shall continue in all respects as valid and enforceable. The parties mutually agree to co-operate in any revision of this Agreement, which may be necessary to meet the requirements of law.

RELATIONSHIP OF PARTIES

Neither party is authorised nor shall it undertake to bind the other party any way by any warranty, agreement, contract, representation or order written or oral or by any instrument or action of any kind whether in its own name or the name of the other or otherwise not hall either party refer to or use the other’s name or the name of any director, officer or consultant of the other party either alone or in a any combination whatsoever and whether in any labelling, publication, article or any form of advertising or publicity or otherwise except with the specific written consent of the other party hereto.

NO AGENCY RELATIONSHIP

The parties agree that notwithstanding any other provision contained in this Agreement or any implication, which might otherwise arise, but for this clause, the relationship between the parties is not one of principal and agent.

NO PARTNERSHIP

The parties agree that notwithstanding any other provision contained in this Agreement or any implication which might otherwise arise, but for this clause, the relationship between the parties is not one of the partnership.

OPERATIVE LAW

This Agreement shall be construed and enforced in accordance with the laws from time to time in force in the State of Queensland and the parties hereto hereby submit themselves to the jurisdiction to the courts for that State and of all courts to which appeals from such courts may be made.

NOTICES

Service of any notice under or relating to this Agreement shall be sufficiently served:

(a) If delivered personally to the party to be served;

(b) If download in pdf format from hnh.net.au website

(c) If sent by doc of pdf format by email from HnH.

(d) If left at or sent by pre-paid registered post to;

(i) address of the party to be served as ser out in the description of that party at the beginning of this Agreement;

(ii) the registered office of any party to be served which use a company.

INTERPRETATION

The singular includes the plural and vice versa.

A reference to one gender includes a reference to all other genders.

Heads to clauses are included for the sake of convenience only and shall not affect the interpretation of the clauses to which they relate.

The work “persons” means and includes a natural person, a company, a firm or any other legal entity whether acting as a trustee or not.

This Agreement shall bind each party’s legal personal representatives, successors and assigns.

When a party compromises two or more persons the rights and obligations of such persons pursuant to this Agreement shall endure for the benefit of and bind all of them jointly and each of them severally.

SCHEDULE A

1. Installed 1 x 0.9kg Fire Extinguisher (which complies with the applicable Australian Safety Standards) suitable for use on all liquid and electrical fires. To be located in the Kitchen of the Premises.
2. Installed of Smoke Detectors with a 10 year Lithium Battery or 240 volt Smoke Detectors with battery backup (which comply with the applicable Australian Safety Standards) depending on council regulations.
3. Installed Fire Blanket if cooking facilities available.
4. Installed electrical safety switch.
5. Provide Receipt Book
6. Provide Guest Register / Comments Book
7. Provision of clean and comfortable beds and pillows
8. Provision of clean bed linen and towels
9. Provision of clean cooking utensils if cooking facilities provided
10. Provision of continental breakfast i.e cereal, muffins, crumpets
11. Suitable B&B or Homestay Insurance policy.
12. Council Homestay B&B permit if required