Short-Term Rental Agreement
This Short-Term Rental Agreement (this "Agreement") is made on between of (the "Host") and of (the "Guest"). Each is a "Party" and together they are the "Parties".
The Host agrees to make available, and the Guest agrees to book, short-term lodging at the property described below, for the Booking Period stated below and on the terms of this Agreement. This booking is for temporary, transient lodging only, comparable to a hotel or serviced-apartment stay — clause 8 explains what that means and, in particular, what it does not create.
1. The Property and the Booking Period
The Host makes available to the Guest, for lodging purposes only, the property at (the "Property"), together with . Anything not listed is not included, and the Property is offered for lodging use only, not for any commercial, business or event use, without the Host's prior written consent.
The Guest may occupy the Property from check-in on to check-out on (the "Booking Period"), a total of night(s). This Agreement covers only the Booking Period stated here. Extending the stay requires a new booking or a written amendment signed by both Parties, agreed before the Booking Period ends — it is not created merely by the Guest remaining at the Property (see clause 5 on late checkout).
The rate for the Booking Period is per , giving a total accommodation charge of .
2. Payment
The Guest shall pay at the time of booking, and the balance of by . Where the Booking Period begins within days of the booking date, the full accommodation charge is due at the time of booking.
In addition to the accommodation charge, the Guest shall pay , and any local occupancy, tourist or sales tax that applies to the booking. Payment is by . This clause does not cover the Damage Deposit, which is separate and dealt with in clause 3.
If the Guest fails to pay any amount under this clause when due, the Host may treat the booking as cancelled by the Guest and apply clause 4.
3. Damage Deposit
Before check-in the Guest shall pay a damage deposit of (the "Damage Deposit"). The Damage Deposit is not rent and is not part of the accommodation charge; it secures the Guest's performance of this Agreement and covers loss caused by the Guest or by an additional guest or visitor.
The Host may deduct from the Damage Deposit the reasonable cost of repairing damage to the Property or its contents beyond ordinary wear and tear, replacing missing items, extra cleaning beyond a normal checkout clean, and any charge the Host reasonably incurs as a result of the Guest's breach of clause 6 (House Rules) — including a fine, fee or penalty a building, community or short-term-rental registration imposes on the Host because of the Guest's conduct.
Within days after checkout, the Host shall return the Damage Deposit, or the balance remaining after any deduction, to the Guest by , together with a written itemised statement of any amount withheld.
4. Cancellation Policy
If the Guest cancels or more before check-in, the Host shall refund . If the Guest cancels with less notice, the Host shall refund .
If the Guest does not arrive by the end of the first night of the Booking Period and has not told the Host of a later arrival, the Host may treat the booking as cancelled by the Guest and re-let the Property, subject to the refund this clause provides.
If the Host cancels the booking for a reason other than the Guest's breach of this Agreement, the Host shall refund every amount the Guest has paid, including the Damage Deposit, in full.
5. Check-In and Check-Out
Check-in is from on the first day of the Booking Period, and check-out is by on the last day. The Guest shall not arrive before check-in or remain past check-out without the Host's prior consent.
Keys, codes or access devices are provided by and shall be returned, or the access code disabled, by .
The Host may inspect the Property promptly after checkout to record its condition and assess any charge under clause 3. If the Guest remains at the Property after checkout without the Host's written consent, the Guest shall pay for each day or part-day of the overstay, and clause 8 continues to apply, on the same terms, for as long as the Guest remains.
6. House Rules
The Guest shall observe the following house rules for the whole of the Booking Period, and is responsible for the compliance of every additional guest and visitor:
maximum occupancy of people at the Property at any time, including overnight guests;
no visitor who is not staying overnight may remain after without the Host's prior consent;
quiet hours between , and no amplified music or noise audible outside the Property at any time;
smoking and vaping are ;
pets are ;
no party, event or gathering, and no occupancy beyond the maximum stated above, without the Host's prior written consent; and
.
7. Guest Conduct, Liability and Indemnity
The Guest shall use the Property only for lawful lodging purposes, shall leave it in the condition recorded at check-in apart from ordinary wear and tear, and shall not do anything that breaches the rules of a building, community or homeowners association applying to the Property, or that voids or increases the premium of the Host's insurance.
The Guest is responsible for the conduct of every additional guest and visitor as if it were the Guest's own, and shall indemnify the Host against any loss, damage, fine or third-party claim arising from a breach of this Agreement or of applicable law by the Guest, an additional guest or a visitor, except to the extent caused by the Host's own negligence.
If the Guest, an additional guest or a visitor materially breaches this Agreement — including a serious or repeated breach of clause 6 — the Host may end this Agreement immediately and require the Guest to vacate the Property, without a refund of the accommodation charge, subject to the Damage Deposit being dealt with under clause 3.
The Host is not liable for the loss of, theft of, or damage to, the Guest's personal property brought onto the Property, except to the extent caused by the Host's negligence or breach of this Agreement. The Guest is responsible for arranging the Guest's own travel and personal-property insurance.
8. Licence to Occupy — No Tenancy Created
This Agreement grants the Guest a personal licence to occupy the Property for lodging purposes, for the Booking Period only. It is a short-term booking, comparable to a hotel or serviced-apartment stay, and is not a lease, a rental of residential premises for the purposes of any landlord-tenant law, or any other grant of a real property interest.
The Guest does not become a tenant, sub-tenant, or lodger with tenancy rights. The Guest acquires no right of exclusive possession of the Property, no right to the notice, cause or process a landlord-tenant law requires before a tenant may be asked to leave, and no other protection that law gives to a residential tenant. The Guest's only right under this Agreement is to occupy the Property for the Booking Period stated in clause 1, on the terms of this Agreement.
At the end of the Booking Period, or on the earlier termination of this Agreement under clause 4 or clause 7, the Guest's licence to occupy ends automatically and the Guest shall vacate the Property by the checkout time stated in clause 5, without the Host having to give any further notice.
This clause states the Parties' intention and does not override a mandatory rule of the jurisdiction where the Property is located. Some places recharacterise a booking as a tenancy — with the tenant protections that follow — once it runs past a stated length of stay or the Guest is treated as living there rather than visiting, regardless of what this Agreement is titled or says. Where that rule applies, it applies despite this clause, and the Host is responsible for keeping the Booking Period within whatever limit local law sets for a stay to remain a licence rather than a tenancy.
9. Host's Right of Entry and Property Left Behind
The Host, and anyone the Host authorises, may enter the Property during the Booking Period to carry out an emergency repair, respond to a safety concern, or address a suspected breach of clause 6, and shall give the Guest as much notice as is reasonable in the circumstances. Outside an emergency or a suspected breach, the Host shall give at least notice before entering.
Anything the Guest leaves behind after checkout is held by the Host for days and may then be discarded or donated. The Host may charge the Guest the reasonable cost of returning an item the Guest asks to have shipped back.
10. Governing Law and General Provisions
This Agreement and any dispute arising out of it are governed by the laws of , and the Parties submit to the jurisdiction of the courts of .
This Agreement is the entire agreement between the Parties about the booking and replaces any earlier understanding, listing description or promotional material about it, except to the extent this Agreement expressly incorporates the listing under clause 1. It may be amended only in writing signed by both Parties. If any provision is held unenforceable, the rest continues in force.
This Agreement may be signed in counterparts and by electronic signature, each of which is an original and all of which together form one agreement. It binds no one until both Parties have signed and dated it.