PROPERTY MANAGEMENT TERMS AND CONDITIONS

1 APPLICABILITY

1.1.  These Terms and Conditions of service (“Terms”) are a binding legal agreement between you and TABI NOOSA Pty Ltd ABN 66 652 693 224 (“TABI”) and all services provided by TABI to you are provided on these Terms.

1.2.  These Terms prevail over any oral representations between you and TABI and any waivers or changes to these Terms will only have effect if made in writing by TABI.

1.3.  These Terms are effective as and from the date you appoint TABI in writing to commence carrying out the Property Management Services in respect of the Property nominated in that correspondence.

1.4.  During the term of this Agreement you will not engage any other person or entity to provide services similar to the Property Management Services in respect of the Property.

1.5.  These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation shall be governed by and construed in accordance with the law of Queensland.

2 THE PROPERTY MANAGEMENT SERVICES

2.1.  TABI will provide the following Services on the terms and conditions contained in this Agreement:

(a)  assist you to create your Airbnb Listing including providing photography, wording, price recommendations;

(b)  assist you with the preparation and management of your booking calendar;

(c)  create a personalised house manual for guests which includes any relevant information within the home, the best local restaurants, shops and attractions, local medical and emergency facilities;

(d)  welcome guests to the property unless a key safe/self check in is available;

(e)  arrange and manage the cleaning/housekeeping teams;

(f)  supply all linen, towels, and amenities for the guests stay;

(g)  vet incoming guests. and review the property on their departure;

(h)  attend to all guest enquiries and other guest communication;

(i)  carry out a deep cleaning of the Property every six months’ in addition to regular cleaning;

2.2.  Nothing in this Agreement prevents TABI from providing the Property Management Services to any other person or entity.

2.3.  Where any condition, warranty or right is implied or imposed by law and cannot be excluded, TABI limits its liability for breach of that implied or imposed condition, warranty, or right, to the fullest extent permitted by law.

3 MAINTENANCE, REPAIR AND REPLACEMENT

3.1. TABI will inspect the property for damage or wear and tear following each booking and:

(a)  report any damage or loss to the Property and any items within the Property to you; and

(b)  at its sole option replace with items of a similar value or repair to a professional standard the Property or any items in the Property which are damaged or lost during a booking; and

(c)  in the event the cost of doing any of the above exceeds $1,000, TABI will obtain your permission in writing before proceeding.

4 YOUR OBLIGATIONS

4.1. You warrant that:

(a) you are the owner of the Property; or

(b) you have full and unfettered authority of the owner of the Property to enter into this Agreement; and

(c) you own the copyright or have the authority to allow the unfettered use of any images or text supplied by you to TABI and TABI may use such images and/or text in whatever way it sees fit for the purpose of marketing the Property.

4.2. You are responsible for understanding and complying with any laws, rules, regulations, that apply to your Property.

4.3. You hereby appoint TABI as your agent to arrange for contracts with its preferred contractors and suppliers to provide any necessary maintenance, repairs and housekeeping required for the upkeep of the rental property.

4.4. You hereby agree to provide TABI with a seasonal calendar of dates setting out:

(a)  when you expect to occupy the Property; or

(b)  when you reserve the Property for the use of family and friends; or

(c)  any other time during which you have reserved the Property without charge.

4.5. You agree to maintain the property in a condition that is commensurate with TABI’s standards and ensure that on TABI’s recommendation at a minimum all furnishings, window coverings, carpets, flooring, benchtops, paintwork, and services are maintained and updated as required.

4.6. You are responsible for ensuring that at all times the Property and all of the contents of the Property are and will remain fully and effectively insured and that such insurance will cover all loss, damage and injury of any nature caused by the Property or any part of the Property or any item within the Property sustained by anyone in lawful occupation of the Property.

4.7. You acknowledge that you assume the entire risk arising out of your offering the property for short-term letting.

4.8. TABI will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement.

5. PAYMENT

5.1. TABI will charge you a monthly commission at a rate agreed in writing between the parties from time-to-time based on accommodation rates accrued.

5.2. TABI will charge you the commission plus GST by way of a tax invoice which is payable within fourteen (14) days of the invoice issue date. Time is of the essence in respect of your obligation to make payment for services supplied by TABI.

6. INFORMATION

6.1. You agree that TABI may periodically collect information to facilitate updates, support, analysis, management, and other services relating to the Property Management.

6.2. You agree to provide TABI or any regulatory authority with any information to the extent required to comply with laws and regulations applicable to the provision of the Property Management Services.

7. WARRANTY

7.1. TABI’s services that are sold to consumers (as that term is defined in the Australian Consumer Law) come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service provided to you, you are entitled:

(a)  to cancel your service contract with TABI; and

(b)  to a refund for the unused portion, or to compensation for its reduced value.

8. RELATIONSHIP OF THE PARTIES

8.1. You acknowledge and agree that TABI provides property management services only and is not your letting agent and TABI’s services do not include letting, negotiating for the letting, or collecting rent, in respect of the Property. All rental payments are made direct to you by the booking agency.

8.2. TABI does not warrant that the provision of the Property Management Services will provide any level of occupancy of the Property.

9. TERMINATION

9.1. Either party may terminate the Property Management Services contract for its convenience by providing thirty (30) days prior written notice to the other party without prejudicing any other right or remedy of either party in respect of any breach.