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Rental Agreement

 

ANCHORAGE WATERS

Gold Coast, Queensland, Australia

 

1. APPLICATION OF AGREEMENT / GROUP RESPONSIBILITY

This Agreement applies to all members of the Guest's party no matter the age or affiliation ("Group"). Guest acknowledges that Guest is responsible for sharing this renter agreement, and its requirements, with all members of the Guest's party and anyone else permitted onto the Rental Property by the Guest.

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In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions.
 

2. DEFINITIONS

Unless the context requires otherwise:

Owner means the owner of the Rental Property and/or the Owner’s authorized representative/agent.

Guest means the Primary Guest named on the booking confirmation.

Group means all persons occupying or visiting the Rental Property during the booking period, regardless of age or affiliation, including any person permitted onto the Rental Property by the Guest.

Rental Property / Property means Anchorage Waters, Gold Coast, Queensland, and all inclusions, fixtures, furnishings, outdoor areas, and facilities.

House Rules / House Guidelines means all written rules, manuals, instructions, check-in/out directions, signage, and guidelines provided by the Owner (including via the booking platform, email, SMS, and any document or manual at the Property).

Visitors / Day Visitors means any person present at the Property who is not a registered overnight Guest in the booking.

Security Deposit / Security Bond means the refundable security/damage deposit required under this Agreement and/or any pre-authorization, hold or charge processed under the booking.

Commercial Activity includes filming, photography sessions, content creation for commercial purposes, advertising, promotions, events, parties, functions, or any activity generating revenue or publicity without written consent.

Material Breach means a serious breach of this Agreement, including (without limitation) breaches relating to payment default, occupancy limits, unauthorized visitors, unauthorized.
 

Event / Function / Gathering

“Event / Function / Gathering” means any party, celebration, ceremony, hosted activity, organized gathering, photoshoot, filming, content creation session, commercial activity, or function of any kind, whether involving only registered Guests or including Visitors, which:
 

• alters or departs from the normal residential accommodation use of the Property 

• involves decorations, installations, hired equipment, external vendors, catering services, performers, DJs, amplified sound, lighting systems, staging, or similar additions 

• generates unreasonable noise, traffic, parking impact, disturbance, or nuisance to neighbouring properties 

• is organized, promoted, or conducted as a celebration, function, special occasion, or structured activity rather than ordinary residential living 
 

For the avoidance of doubt, an Event may occur even if all persons present are registered Guests.
 

3. INTERPRETATION / ORDER OF PRECEDENCE

Headings are for convenience and do not affect interpretation.

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The Guest is responsible for ensuring the Group complies with this Agreement.

If there is any inconsistency between this Agreement and the House Rules / House Guidelines, this Agreement prevails, except where the House Rules impose a stricter requirement, in which case the stricter requirement applies (to the extent permitted by law).

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Nothing in this Agreement is intended to exclude, restrict, or modify any rights or remedies the Guest may have under the Australian Consumer Law or any other applicable law.
 

4. BOOKING STATUS / PENDING VERIFICATION / OWNER APPROVAL

All bookings are subject to Owner verification and approval.
 

A booking may be paid and temporarily held; however, it is not confirmed until all required conditions have been satisfied and written approval has been issued by the Owner.
 

Conditions of approval may include (but are not limited to):
 

• Full payment or deposit as required 

• Completion and signing of this Rental Agreement 

• Submission of valid government-issued photo identification for the primary guest 

• Verification of guest eligibility, including minimum age requirements 

• Review of booking details, group composition, and intended use of the property 


Until approval is granted, the booking remains pending verification and may be declined at the Owner’s discretion.
 

If a booking is declined, any payments received will be refunded in accordance with applicable platform policies and governing laws.
 

5. NON-REFUNDABLE BOOKING DEPOSIT, PAYMENTS & CANCELLATION

All payments made prior to approval are taken to secure the booking request on a pending basis and do not guarantee acceptance of the booking.
 

5.1 Non-Refundable Booking Deposit

A booking deposit or full payment may be required at the time of reservation.

Payment does not constitute final booking confirmation. All bookings remain subject to verification and Owner approval as outlined in this Agreement.

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Once the booking is confirmed this booking deposit is non-refundable under all circumstances, including but not limited to cancellation by the Guest, change of dates, no-shows, early departures, illness, weather events, travel disruptions, or any other unforeseen circumstances.

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A 24-hour grace period applies following booking confirmation provided the arrival date is at least 72 hours away at the time of booking.

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Important: This clause operates except to the extent required by Australian Consumer Law or other applicable law, including any non-excludable consumer guarantees or remedies.

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For bookings made via Airbnb or other third-party platforms, the cancellation policy and payment terms of that platform shall apply to the extent required by that platform, and any inconsistency shall be interpreted accordingly.
 

5.2 Security/Damage Deposit

A separate $1,000 refundable security/damage deposit is also required and is fully refundable subject to the Property being returned in good condition and in accordance with this Agreement (fair wear and tear accepted), and subject to any lawful deductions for costs incurred.
 

5.3 Balance Due Date / Non-Payment

The remaining balance of the accommodation charge is due no later than 30 days prior to arrival. Failure to pay the remaining balance or the Security Deposit by the due date may result in cancellation of the booking for non-payment, acting reasonably and subject to applicable law.
 

5.4 OwnerRez Payment Placeholders

In the event Guest wishes to terminate this Agreement, the non-refundable booking deposit remains non-refundable under all circumstances, and Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable. The refund policy is as follows:

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A deposit payment is taken by Owner at the time of the booking. Any remaining balance must be paid minimum 30 days prior to the arrival date, or this Agreement may be cancelled by the sole option of the Owner.

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An automatic credit card payment for the remaining balance will be scheduled by the Owner to be made 30 days prior to the arrival date. The credit card of the first payment is used if a credit card was provided.

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If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be cancelled with no refund of payments made, subject to applicable law.

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Failure of automatic payment does not waive Guest's obligation to ensure payment is received by the due date.

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All policies contained in this Agreement shall apply equally to payments made by credit card, check or cash and whether made via website, by phone or in person.

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Any refunds due to Guests will be processed to the original payment method where possible, or via bank transfer within 30 days.
 

6. VARIATIONS / CHANGES / RE-SIGNING

Agreement Execution Deadline

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This Agreement must be completed and signed within the timeframe specified by the Owner as part of the booking verification process.

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Failure to complete this Agreement within the required timeframe may result in the booking being declined or cancelled, (subject to applicable law).

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Any change to dates, guest numbers, pets, fees, add-ons, approvals (including visitor approvals), or other booking terms must be confirmed in writing by the Owner. The Owner may require re-acceptance/re-signing of this Agreement where booking details materially change.
 

7. GENERAL COMPLIANCE & LAWFUL USE

Anchorage Waters is a premium, privately owned waterfront residence styled and maintained to a high standard for the enjoyment of responsible guests.

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Guest agrees to abide by all rules and regulations contained herein or posted on the premises relating to the Rental Property.

 

Guest agrees:
 

• To keep the premises clean, safe and sanitary 

• Not to create unsafe or unsanitary conditions 

• Not to use the property for any unlawful purpose 

• Not to use the property for any commercial activity without prior written consent 


Any breach of this clause shall be considered a material breach and may result in termination of occupancy without refund (subject to applicable law).

 

8. HOUSE RULES & HOUSE GUIDELINES

The Guest agrees to comply with all House Rules / House Guidelines, including rubbish and recycling procedures, BBQ cleaning requirements, pool/spa rules, check-in/out directions, parking instructions, safety directions, and equipment return requirements.

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House Rules form part of this legally binding Agreement. Failure to comply may result in additional charges, Security Deposit deductions, and/or termination for Material Breach (subject to applicable law).

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9. FURNITURE, DECOR & PROFESSIONAL STYLING

The property has been professionally styled to provide a premium guest experience.

Guest agrees:

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• Not to move, relocate, remove or rearrange furniture, artwork, decor or household items 

• All items must remain in their designated rooms and positions 

• Cleaning services are provided to clean the property — not to restyle or relocate furnishings 

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Any movement of furniture or decor resulting in damage, loss or professional restyling may incur additional charges.

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10. COMPLIMENTARY EQUIPMENT & RECREATIONAL ITEMS

The Rental Property provides certain recreational and household items for complimentary guest use, including but not limited to:

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• Kayaks 

• Life jackets 

• Oars 

• Fishing rods 

• Crab pots 

• Other water-based equipment 

• Baby equipment including cots, bassinet, changing table, stair gates, port-a-cots, high chairs, booster seats and strollers/prams 

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All use of recreational or water-based equipment is entirely at the Guest’s own risk.

Children must be supervised at all times, particularly near the waterfront, jetty, swimming pool, spa and canals.

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These items are provided as a courtesy and must be used responsibly and in accordance with all safety guidelines.

 

11. RETURN OF EQUIPMENT & STORAGE REQUIREMENTS

All complimentary items must be returned:

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• Clean 

• Dry 

• Undamaged 

• Complete 

• To their original designated storage location prior to departure 

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Failure to return items properly stored, or damage beyond normal wear and tear, may result in additional charges deducted from the Security Deposit.

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Water-based activities equipment:

Life jackets, oars, fishing equipment and related water-based items are to be returned to the garage to their designated storage locations.

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Baby equipment storage locations:

Cots, bassinet, changing table, stair gates: walk-in robe in Bedroom 5

Port-a-cots: built-in robes next to Bedroom 2, and on the ground floor next to the kitchen 

Prams and booster seats: stored in the garage
 

12. OCCUPANCY & VISITORS

The maximum occupancy of the Property is 20 persons (including children). This limit is strictly enforced.

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Only the number of Guests approved in the reservation may occupy or visit the property.

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Day visitors are not permitted without prior written approval from the Owner.

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At no time may the total number of persons at the property exceed the confirmed occupancy limit.

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Breach of this condition constitutes a material violation of this Agreement and may result in termination without refund (subject to applicable law).

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The Property may not be used for commercial purposes including but not limited to filming, photography sessions, content creation, advertising, events, parties, functions, or promotional activities without prior written consent from the Owner.

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Anchorage Waters is a private residence and not a commercial venue. The property is not available for schoolies bookings, hens or bucks parties, celebrations, events, or groups of young adults travelling without a responsible supervising adult.

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The property may accommodate the maximum number of overnight guests but may not seat all guests simultaneously in dining or lounge areas.

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In no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the website or the confirmation letter, without prior approval by Owner.

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The total number of persons permitted on the property at any time, including day visitors, must not exceed the approved maximum occupancy without prior written approval from the Owner.

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Unapproved gatherings or visitors may result in termination of the booking without refund (subject to applicable law).

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No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior approval.

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In no event shall Guests assign or sublet the Rental Property in whole or in part.

Violations of these rules are grounds for expedited eviction with no refund of any kind (subject to applicable law).

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Guests hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property.

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Guest further agrees to grant Owner access to Rental Property for purposes of maintenance and repair.

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13. RESIDENTIAL USE ONLY

Anchorage Waters is provided strictly for private residential accommodation purposes only and is not a commercial venue.

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The Property must not be used as a venue for Events, Functions, Gatherings, celebrations, ceremonies, commercial activities, organized activities, or structured functions of any kind without prior written consent of the Owner.

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Any unauthorized Event constitutes a Material Breach of this Agreement and may result in:

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• Immediate termination of occupancy and requirement for all occupants to vacate 

• Application of the Security Deposit toward costs incurred 

• Recovery of additional costs including cleaning, restoration, security attendance, trades, council fines, and loss 

• Eviction without refund of accommodation charges (subject to applicable law) 
 

14. NOISE / CONDUCT & REGULATORY COMPLIANCE

Anchorage Waters is a private residential home and operated in accordance with Gold Coast City Council regulations and licensing requirements.

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Guests acknowledge that breach of local short-term accommodation regulations may result in termination of the booking without refund (subject to applicable law). Therefore strict compliance with local short-term accommodation laws, occupancy limits, parking rules, and noise restrictions is mandatory.

Any breach that results in council complaint, investigation, infringement, or penalty may result in termination without refund (subject to applicable law) and any associated fines or costs may be charged to the Guest.

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Failure to comply with these requirements may place the Property’s license at risk.

Guests MUST comply with all noise restrictions and conduct requirements at all times.

Outdoor noise must be kept to a minimum between 10:00pm and 8:00am, as sound travels easily across the water and may disturb neighboring residents.

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If a noise complaint is received, the Owner or Owner's representative may contact the Guest to request immediate rectification.

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Amplified Outdoor Music: No amplified outdoor music is permitted at any time, including Bluetooth speakers, DJ equipment, PA systems, or similar.

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If security or police attendance is required due to noise or conduct issues, the Security Deposit may be applied (in whole or in part) toward costs incurred.

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If multiple complaints are received, or if noise or behavior does not cease when requested, the Owner reserves the right to terminate the booking immediately, requiring all occupants to vacate the Property without refund of accommodation charges (subject to applicable law).

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Any cost associated with security call-outs, compliance enforcement, or council action may be charged to the Guest.

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Guests must comply with all parking restrictions. Vehicles must be parked only in designated areas and must not obstruct neighboring properties, footpaths, or public areas. Any fines, towing, or penalties arising from improper parking are the responsibility of the Guest.

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15. INTOXICATION & SUBSTANCE USE

Anchorage Waters is a premium private residential property intended for responsible residential enjoyment.

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Responsible alcohol consumption by adults is permitted. However, excessive intoxication that results in unsafe, reckless, destructive, aggressive, disorderly, or disruptive behavior is strictly prohibited.

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The use, possession, distribution, supply, or consumption of any illegal substances at the Property is strictly prohibited and constitutes a Material Breach of this Agreement.

 

If intoxication or substance use results in, or contributes to:

  • Property damage (intentional or reckless),

  • Malicious or aggressive conduct,

  • Noise complaints,

  • Safety risks to persons,

  • Disturbance to neighbor's,

  • Police or security attendance,

  • Breach of occupancy limits,

  • Breach of council regulations, or

  • Breach of House Rules,
     

the Owner may, acting reasonably and subject to applicable law:
 

  • Require immediate rectification.

  • Apply the Security Deposit toward resulting costs.

  • Recover additional costs exceeding the Security Deposit; and/or

  • Terminate the booking and require all occupants to vacate the Property without refund of accommodation charges.
     

Intoxication does not excuse or limit the Guest’s responsibility. The Primary Guest remains fully liable for the conduct of all members of the Group and any permitted visitors.

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Guests acknowledge that alcohol and water-based activities, pool use, spa use, balconies, stairs, and waterfront access carry heightened safety risks. Guests accept responsibility for managing those risks appropriately.

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16. IDENTIFICATION REQUIREMENT

Minimum Age Requirement

The Primary Guest must be at least 30 years of age at the time of booking unless otherwise approved in writing by the Owner. The Primary Guest must remain present at the Property for the entire duration of the stay. Bookings made on behalf of younger groups or third parties without disclosure may be cancelled (subject to applicable law).


Identification Requirement

The Primary Guest named on the booking must provide a valid government-issued photo identification (Drivers License or passport) submitted upon request. Identification must be received and approved within the timeframe specified by the Owner as part of the booking verification process.

 

A booking will not be confirmed until identification has been successfully verified.

Identification must match the name on the booking confirmation. The Owner reserves the right to verify the identity of the primary guest and to refuse access to the property if satisfactory identification is not provided. Failure to provide valid identification upon request may result in cancellation of the booking (subject to applicable law). Identification may be securely collected electronically through the booking platform. Identification must be received and approved prior to access instructions being released.

 

This requirement applies to all bookings, including those made via third-party platforms and instant bookings.

 

The Owner reserves the right to decline or cancel any booking if verification requirements are not met to the Owner’s satisfaction.

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17. SECURITY DEPOSIT

 

A security deposit is required ("Security Deposit") and will be automatically reserved for the booking. The automatic reserve is conducted by putting a hold or charge on the Guest's credit card for the amount of AU$1,000.00 exactly 14 day(s) prior to the arrival date. The credit card of the last successful payment will be used.


For bookings made via third-party platforms (including Airbnb), the Guest may be required to provide valid credit card details directly through the Owner’s secure booking system (OwnerRez) for the purpose of processing the Security Deposit hold.

 

If there are no successful credit card payments, it is the responsibility of the Guest to send AU$1,000.00 by check to the Owner to satisfy the Security Deposit requirement.

If, at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released in full within 7 days.

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In the event of any damages, Owner will provide Guest with a full accounting of expenses incurred and deductions made from the Security Deposit.

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Should the damages exceed the amount of the Security Deposit, Guest agrees to pay the balance within {BSDRL} business days after receiving notification.

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Deductions from Security Deposit may include, but are not limited to: excess cleaning fee, hot tub draining and refilling fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, or other service call fees. Owner is under no obligation to use the least expensive means of restoration.

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Guest acknowledges that the Security Deposit may be used to cover but is not limited to the following:

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  • Lost or unreturned keys - $250

  • Damage to spa lid - Up to $1,000 replacement cost

  • Pool Table misuse (including placing foreign objects in pockets resulting in service call-out) - $400

  • Failure to clean BBQ after use - $200

  • Including damage to waterfront areas, jetty, outdoor furnishings, spa, pool table, or recreational equipment

  • Excess cleaning beyond standard departure condition

  • Removal of rubbish not placed in bins

  • Damage to furnishings, fixtures, appliances or recreational equipment

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Service call-out fees, tradesperson attendance, and any council compliance enforcement costs will be charged to the Guest where applicable. Charges reflect actual costs incurred and may be deducted from the Security Deposit. If costs exceed the Security Deposit, the Guest agrees to pay the balance within 7 business days of notification.

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Regular payments and security deposits for the booking will be displayed as Anchorage Waters on the Guest's credit card statement.

 

18. CARD AUTHORITY / EVIDENCE / DISPUTE WINDOW

The Guest authorizes the Owner (and/or booking platform payment processor) to charge the payment method on file for amounts properly payable under this Agreement, including documented damage, missing items, excess cleaning, service call-outs, council-related costs attributable to the Guest’s breach, and other costs reasonably incurred due to breach.

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Where practicable, the Owner will provide an itemized summary and reasonable supporting evidence (such as photos and invoices/quotes) of any such charges. The Guest must raise any genuine dispute within 72 hours of notification.

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Nothing in this clause limits the Guest’s rights regarding unauthorized or incorrect charges under applicable law.

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19. PETS

Pets are permitted strictly by prior written approval of the Owner. An additional pet fee and/or security bond may apply. Pets must not be left unattended at the property, must not be allowed on beds or soft furnishings, and any waste must be cleaned immediately.

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The Guest is fully responsible for any damage, additional cleaning, Odor treatment, flea treatment, or other costs resulting from approved pets.

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Any unauthorized pet found at the property may result in termination of the booking without refund and/or additional charges (subject to applicable law). Pets must be kept under control at all times and must not disturb neighboring properties.

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20. NON-SMOKING


The Rental property is strictly non-smoking. Smoking, vaping, use of e-cigarettes, hookahs, cigars, marijuana, or any other smoking devices is prohibited inside the property and within 5 meters of doors, windows, and outdoor entertaining areas.


Evidence of smoking inside the property, including but not limited to odor, ash, cigarette butts, burn marks or residue, will result in additional cleaning, deodorizing, or remediation charges. These costs may include professional cleaning, upholstery treatment, linen replacement, or ozone treatment and will be deducted from the
Security Deposit or charged to the Guest.

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Violation of this policy may result in termination of the booking without refund (subject to applicable law).

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21. CHILD SUPERVISION


Guests must disclose the total number of children (under 18 years) at the time of booking.

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The Primary Guest accepts full responsibility for the supervision, safety, and conduct of all children at the property, including around the waterfront, jetty, swimming pool, spa, stairs, and recreational equipment.

 

22. OUTAGES / DISRUPTIONS BEYOND OWNER CONTROL


No refunds will be given for temporary outages or disruptions beyond the Owner's control, including but not limited to power outages, water supply interruptions, internet service disruptions, severe weather events, flooding, Queensland Government directives, Gold Coast City council directions or emergency services instructions.

This includes temporary outages of utilities, NBN/internet, FOXTEL/streaming services, maintenance works required to comply with local regulations, or construction at neighboring properties - subject always to rights under applicable law (including ACL).

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23. LOST & FOUND

 

Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Guest.

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Items found and not claimed within 30 days will be disposed of at the discretion of Owner. Anchorage Waters is not responsible for items left behind. Guests are encouraged to check the property carefully prior to departure.

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24. POOL / SPA MAINTENANCE, SAND, MISUSE & SERVICE CALLS

 

The swimming pool and spa are professionally serviced on a weekly basis. Service technicians may access the property during reasonable daytime hours to perform maintenance. No compensation will be provided for brief service visits. An outdoor shower is provided for guest use.

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Guests returning from the beach must rinse off sand prior to entering the pool or spa. Excessive sand contamination requiring additional vacuuming or servicing may incur a cleaning or service fee deducted from the Security Deposit.

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Misuse of the spa or pool by the spilling of foreign substances into the pool, including sand, food, drinks, toys, glass, oils, soaps, or any objects placed into the pool or spa, will result in a Service Call Charge at the sole discretion of Owner (acting reasonably and based on costs incurred).

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Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction and application of monies toward costs incurred (subject to applicable law).
 

25. LINENS / TOWELS


If linens or towels are supplied at the property, Guest is responsible for lost or damaged items at the cost of two (2) times the published standard rental price for such damaged or lost linens or towels.
 

26. OWNER UNAVAILABILITY / SUBSTITUTE / CONSEQUENTIAL LOSS LIMITATION


In the event Owner is unable to make Rental Property available for any reason other than described above, or a reasonable substitute as determined by Owner, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a refund of monies paid under this Agreement (subject to applicable law).

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Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability to the extent permitted by law.

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27. LIABILITY, INDEMNITY & WATERFRONT RISK

 

Anchorage Waters provides access to waterfront facilities including a private jetty, canal access, kayaks, life jackets, fishing equipment and other water-based recreational items.

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Guests acknowledge that the waterways are tidal canal systems and swimming or boating is undertaken entirely at Guest's own risk.

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Guest fully understands and acknowledges that outdoor recreational and water activities including swimming have inherent risks, dangers and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability.

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To the maximum extent permitted by law, Guest agrees to indemnify and hold harmless the Owner and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable.

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Guest hereby assumes all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners or by any other person.

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Guest hereby voluntarily agrees to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of use of Rental Property facilities, equipment, or activities, except to the extent caused by the Owner’s gross negligence or intentional misconduct or liability that cannot lawfully be excluded.

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Guest further assumes full responsibility for the actions of any and all persons whom they may allow to enter the property during the rental period and indemnifies Owner from any and all claims arising from such other persons.

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Pool, Spa, Waterway and equipment use: The swimming pool, spa, waterways, jetty, kayaks and any water-related equipment are used entirely at the Guest's own risk. Children must be always supervised. The Owner accepts no responsibility for injury, illness, loss or death arising from use or misuse of these facilities to the extent permitted by law.

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28. ZERO TOLERANCE — MALICIOUS / INTENTIONAL DAMAGE


Including section 7, any malicious damage to the home: Anchorage Waters maintains a strict zero-tolerance policy toward malicious, reckless, or destructive behavior, including but not limited to pool cues through walls, broken shower screen doors, holes in walls, curtains or rails pulled off walls, and similar conduct.

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Any intentional, reckless, or malicious damage constitutes a Material Breach and may result in immediate termination without refund (subject to applicable law), Security Deposit application toward costs incurred, and recovery of the full cost of repairs, replacement, emergency trades, professional restoration, council compliance costs, and associated losses.

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The Owner may report criminal damage to police and recover costs as a debt due.

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29. TERMINATION / EVICTION / COST RECOVERY

 

Owner may terminate this Agreement upon the Material Breach of any term by Guest including but not limited to breaches relating to noise, occupancy limits, unauthorized Events, pets, pool or spa misuse, malicious damage, smoking, intoxication-related misconduct, refusal of access for urgent repair, or failure to comply with council regulations.

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Guest shall vacate the Property immediately upon termination. Guest shall not be entitled to the return of rental monies paid under the terms of this Agreement (subject to applicable law).

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Any costs associated with security call-outs, compliance enforcement, council action, repairs, restoration, excess cleaning, or replacement of missing/damaged items may be charged to the Guest. Such costs may be deducted from the Security Deposit where applicable, and any shortfall remains payable by the Guest.

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30. DISPUTE RESOLUTION


The parties agree to attempt to resolve disputes in good faith.

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If not resolved within a reasonable time, either party may propose mediation in Queensland before commencing proceedings, except where urgent relief is required (including to protect safety, prevent ongoing damage, recover possession, or recover unpaid costs).

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31. SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable under Queensland or Commonwealth law, the remaining provisions remain in full force and effect.

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32. NON-WAIVER

 

Failure by the Owner to enforce any provision shall not constitute a waiver of future enforcement of that or any other provision.

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33. GOVERNING LAW

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. Any dispute arising under this Agreement shall be subject to the jurisdiction of the courts of Queensland.

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34. ACKNOWLEDGEMENT & ACCEPTANCE

 

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following:

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I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property. I acknowledge and accept that the sole responsibility for safety lies with the participant. In agreeing to this, I acknowledge that outdoor activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Steps and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities. I know that alcohol and/or drugs do not mix safely with any outdoor activity.

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I am over the age of 30 and assume responsibility for all in the Group, and the Group is visiting the property and using the equipment and is engaging in activities or events at the Group's risk. I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use, operation or possession of equipment hired or loaned to me. Acknowledging this, I accept complete responsibility for the Group, and the Group is visiting the property and using the equipment and is engaging in activities or events at the Group's risk.

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I will abide by the rules and accept these rental conditions:

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  • The property will be returned in the same condition in which it was provided, fair wear and tear accepted. I accept responsibility for all damage, loss, excessive cleaning, or call-out costs arising during my rental period.

  • I agree to hold harmless the Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever arising, whether by act or acts or failure to act of the employees, owners or animals of the said company or property owners or not, to the extent permitted by law.

  • I acknowledge that Anchorage Waters is presented in a professionally cleaned and styled condition. Any concerns must be reported to the Owner within 2 hours of check-in. Failure to do so constitutes acceptance of the property condition.

  • I agree to abide by all the House Rules and accept these rental conditions.

  • I acknowledge and agree to comply with the 10:00pm to 8:00am no-noise curfew, including no outdoor music, pool or spa use, loud gatherings, or disruptive behavior during these hours.

  • I understand that Anchorage Waters operates under Gold Coast City Council short-term accommodation regulations and that breach of noise, conduct, occupancy, Event, or council rules may result in security call-out fees, eviction without refund, application of the Security Deposit toward costs incurred, and/or additional charges (subject to applicable law).

  • I acknowledge if there is a disturbance causing police to attend the property due to noise or conduct it may result in immediate eviction without refund and/or additional charges (subject to applicable law).

  • I acknowledge that Anchorage Waters is a strictly non-smoking property and agree that smoking or vaping inside the home or in restricted areas may result in additional cleaning charges, application of the Security Deposit toward costs incurred, and/or termination of the booking (subject to applicable law).

  • I acknowledge that Anchorage Waters is a waterfront property with direct canal access and I accept full responsibility for supervision of children and use of the jetty, waterways, pool, spa, and all recreational equipment.

  • I enter into agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in indoor and outdoor activities and assume any and all responsibility for the minor children and myself in my charge.

  • I acknowledge that the booking deposit is non-refundable under all circumstances as outlined in this Agreement and cancellation policy, except to the extent required under applicable law (including ACL).

  • All parties agree to and will comply with all applicable Commonwealth of Australia, State of Queensland, and Gold Coast City Council laws, regulations and short-term accommodation requirements.

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