SHORT-TERM HOLIDAY RENTAL AGREEMENT

“Mackerel Shackerel” – Great Mackerel Beach, NSW

STRA Property ID: PID-STRA-92424

1. Parties

1.1 This Short-Term Holiday Rental Agreement (Agreement) is made between:

(a) the Host: Mack Shack Pty Ltd ATF Mack Fixed Trust (ABN 99 316 417 929), of 22 Ross Smith Parade, Great Mackerel Beach, NSW, 2108 (the Host and us); and

(b) the Guest: [INSERT FULL LEGAL NAME OF LEAD BOOKER], of [ADDRESS] (the Guest, and you, and where the context permits, the lead Guest on behalf of all guests in their party).

1.2 Parties and each a Party. The Guest enters into this Agreement on their own behalf and as agent for, and binds, every other person in the Guest’s party who occupies the Property during the Booking Period (Guest Party).

2. Definitions and interpretation

2.1 In this Agreement, unless the context requires otherwise:

• Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

• Booking means the reservation of the Property by the Guest as set out in the Booking Summary.

• Booking Period means the period from the Check-in time on the arrival date to the Check-out time on the departure date set out in the Booking Summary.

• Booking Summary means the summary of booking details on the cover page of this Agreement.

• Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.

• Code of Conduct means the Code of Conduct for the Short-term Rental Accommodation Industry made under the Fair Trading Act 1987 (NSW), as amended from time to time.

• Damage Authorisation means the credit-card pre-authorisation, hold, or bond described in clause 9.

• Force Majeure Event has the meaning given in clause 27.

• GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

• Lodgify means the booking platform operated by Lodgify SL through which the Guest may have made the Booking.

• Maximum Occupancy means six (6) persons, including infants and children, as recorded in the Booking Summary.

• Property means the dwelling known as “Mackerel Shackerel” located at 22 Ross Smith Parade, Great Mackerel Beach, NSW 2108 (STRA Property ID PID-STRA-92424), together with its contents, fixtures, fittings, deck, garden and grounds.

• Total Fee means the total amount payable for the Booking as set out in the Booking Summary, comprising the nightly rate(s), cleaning fee, and any other fees, taxes or charges.

2.2 In this Agreement: (a) the singular includes the plural and vice versa; (b) headings are for convenience only and do not affect interpretation; (c) a reference to a statute includes any amendment, replacement or re-enactment of it; (d) a reference to AUD or $ is a reference to Australian dollars; and (e) the words “including”, “for example” and similar are not words of limitation.

3. Booking and confirmation

3.1 The Guest acknowledges that no Booking is confirmed until the Host (or Lodgify on the Host’s behalf) has issued a written confirmation and the Booking Deposit has been received in cleared funds.

3.2 By making the Booking, the Guest warrants that: (a) they are at least 21 years of age; (b) all information they have provided to the Host is true, accurate and complete; (c) they are not listed on the STRA Exclusion Register maintained under the Code of Conduct; and (d) they are not aware of any reason that they could not lawfully enter into this Agreement.

3.3 If the Guest made the Booking through Lodgify or any third-party booking platform, the terms of that platform also apply to the Booking. To the extent of any inconsistency between the platform’s terms and this Agreement, the more stringent provision protecting the Property and neighbouring residents prevails, except where the platform’s terms are mandatory.

3.4 The Host may, at its discretion and acting reasonably, decline any Booking request before confirmation, including where the Guest cannot provide satisfactory identification or where the proposed use of the Property is inconsistent with this Agreement.

4. The Property

4.1 The Property is a three-bedroom, one-bathroom beachfront cottage located on the foreshore of Great Mackerel Beach, within Ku-ring-gai Chase National Park, New South Wales.

4.2 The Guest acknowledges that the Property:

○ is accessible only by water (private boat, water taxi, public ferry, or barge) from Palm Beach Wharf or other authorised wharves – there is no road or vehicle access to Great Mackerel Beach;
○ is in a remote location with potentially limited mobile telephone reception, no on-site shops, no on-site medical services, and limited emergency services response times;
○ is located within or adjacent to bushfire-prone land and is subject to the natural risks associated with bushland, beachfront and waterfront environments;
○ has resident native wildlife (some of which may be dangerous and/or lethal) including but not limited to possums, lizards, snakes, spiders, octopuses, marine life, and birds;
○ is an original beach cottage that has been renovated, but retains the character (including timber surfaces, steps, decking and outdoor spaces) typical of a heritage shack;
○ has the STRA Property Registration ID PID-STRA-92424, registered with the NSW Government in accordance with the planning framework for short-term rental accommodation; and
○ is offered for use as private holiday accommodation only and not as a permanent residence, commercial premises, function centre or filming location.

4.3 The Property is described and depicted on the Host’s website and/or Lodgify listing. Photographs and descriptions are intended as a fair representation of the Property at a point in time. Minor variations (including in furniture, décor and inclusions) may occur and do not entitle the Guest to a refund or compensation, provided the Property is, on the whole, as represented or materially as represented.

5. Booking period and occupancy

5.1 The Guest is granted a personal, revocable, non-transferable licence to occupy the Property for the Booking Period only. This Agreement does not create a residential tenancy or any leasehold interest, and the Residential Tenancies Act 2010 (NSW) does not apply.

5.2 Check-in is from 2:00 PM on the arrival date. Check-out is by 11:00 AM on the departure date. Earlier check-in or later check-out is not available unless agreed in writing by the Host and may attract additional fees.

5.2.1 During the period in which access to the property is hindered by erosion of the sand on Great Mackerel Beach, the Host may and the Guest will agree to offer reasonable flexibility around check-in and check-out times, aiming to ensure that arrival and departure times coincide with low tide in preference to high tide. Notwithstanding the aforementioned, during the period where access is hindered, the Host reserves the right to alter check-in and check-out times in its absolute discretion.

5.3 The Guest must not exceed the Maximum Occupancy of six (6) persons (including infants and children) at any time, whether overnight or during the day, except with the Host’s prior written consent.

5.4 Only persons named in the Booking, or otherwise approved by the Host in writing, are permitted to stay overnight at the Property. The lead Guest must occupy the Property for the entire Booking Period.

5.5 Day visitors are permitted, provided that:

(a) the total number of persons at the Property at any time (overnight Guests plus visitors) does not exceed eight (8);

(b) all visitors leave the Property by 9:00 PM;

(d) the Guest remains responsible for the conduct of all visitors and any damage they cause.

5.6 The Maximum Occupancy reflects the Property’s sleeping capacity, fire-safety design and septic capacity. Exceeding the Maximum Occupancy is a serious breach of this Agreement and may result in immediate termination under clause 28.

6. Rates, fees and payment

6.1 The Total Fee for the Booking is set out in the Booking Summary. The Total Fee includes the nightly rate(s) for the Booking Period and the cleaning fee, and (unless stated otherwise), where GST is required to be charged, is inclusive of GST.

6.2 Payment is due as follows:

(a) 25% of the Total Fee (Booking Deposit) is payable at the time of reservation; and

(b) the remaining 75% (Balance) is payable no later than 29 days before the arrival date.

6.3 If the Booking is made fewer than 29 days before the arrival date, 100% of the Total Fee is payable at the time of reservation.

6.4 All amounts must be paid in Australian dollars in cleared funds, by the payment method nominated by the Host (which may include credit card, debit card, or direct deposit). Any bank fees, currency-conversion fees, surcharges or merchant fees imposed by the Guest’s bank or card provider are the Guest’s responsibility.

6.5 If the Balance is not received by the due date, the Host may treat the Booking as cancelled by the Guest in accordance with clause 8 and re-offer the dates to other guests, without further notice.

6.6 Additional charges may be applied during or after the Booking Period for, including: (a) damage, breakage, loss or excessive cleaning; (b) lost keys or replacement of access devices; (c) call-out fees for unnecessary service requests; (d) additional cleaning where the Property is left in an unreasonable state; (e) excess garbage removal; (f) late check-out without consent; and (g) any costs the Host reasonably incurs as a result of the Guest’s breach of this Agreement.

7. Security and damage authorisation

7.1 Although no separate cash bond is required, the Guest authorises the Host (or Lodgify on the Host’s behalf) to obtain a pre-authorisation hold on the Guest’s nominated credit or debit card in the amount specified in the Booking Summary (Damage Authorisation). The Host may release, draw down on, or top up the Damage Authorisation in accordance with this Agreement.

7.2 The Host may, without prior notice, charge the Guest’s nominated card or invoice the Guest for any amount reasonably incurred as a result of:

○ loss of, or damage to, the Property or any of its contents (excluding fair wear and tear);
○ additional cleaning required because the Property has been left in a condition outside the scope of a normal departure clean;
○ removal of excess rubbish, recycling, or items left at the Property;
○ fees, fines, or penalties imposed on the Host as a result of the Guest’s acts or omissions (including under the Code of Conduct or any law);
○ lost or replacement keys, remote controls, or other access devices;
○ professional services (locksmith, plumber, electrician, pest controller) reasonably required as a result of the Guest’s acts or omissions;
○ any other amount payable under this Agreement that remains unpaid; or
○ any other abnormal or unexpected (whichever the case may be) cost, determined in the Host's absolute discretion, incurred by the Host as a result of the Guest’s acts or omissions.

7.3 The Host will provide the Guest with reasonable particulars of any amount charged. The Guest’s liability is not limited to the amount of the Damage Authorisation, and the Guest remains liable for any amount in excess of it.

8. Cancellation, changes and no-shows

8.1 Cancellation by the Guest must be in writing and is effective only when received by the Host.

8.2 The Guest’s entitlement to a refund on cancellation is:

(a) 100% of amounts paid (less any non-refundable third-party fees) if cancellation is received 30 or more days before the arrival date;

(b) 50% of amounts paid (less any non-refundable third-party fees) if cancellation is received 14 or more days before the arrival date; and

(b) 0% if cancellation is received fewer than 30 days before the arrival date, or in the case of no-show, late arrival, or early departure (no partial refund will be made for unused nights).

8.3 Where Lodgify or another booking platform was used, refunds (if any) will be processed back to the original payment method, less any platform or other fees that the platform does not refund.

8.4 Date changes are at the Host’s sole discretion, are subject to availability, and may attract a price difference. A request to change dates is not a guaranteed amendment, and the cancellation terms continue to apply unless the Host has confirmed the change in writing.

8.5 The Host strongly recommends that the Guest take out comprehensive travel insurance covering cancellation, curtailment, illness, weather, ferry or transport disruption, and similar risks. The Guest acknowledges that the Host is not an insurer and is under no obligation to refund amounts that may be recoverable under travel insurance.

8.6 If the Host cancels the Booking due to any reason whatsoever (including a Force Majeure Event, damage to the Property, or regulatory action), the Host’s liability is limited, at the Host’s option, to: (a) refunding the amounts paid for nights not occupied; or (b) offering an alternative date, subject to availability and any rate difference. The Host is not liable for consequential losses, including travel costs, alternative accommodation, or lost enjoyment, except to the extent required by the Australian Consumer Law.

9. Access to the Property

9.1 The Guest acknowledges that Great Mackerel Beach is accessible only by water and that the Guest is solely responsible for organising and paying for transport to and from the Property.

9.2 Transport options include but are not limited to the Palm Beach Ferry Service (timetable available at palmbeachferries.com.au or as updated by the operator from time to time), water taxis, private barges, and private boats. The Host does not operate, control or warrant the safety, punctuality or availability of any third-party transport.

9.3 The Guest is responsible for: (a) checking ferry and tide times before travel; (b) carrying their own luggage from the wharf to the Property; (c) wearing appropriate footwear; and (d) any consequences of arriving outside the Host’s normal check-in window or being unable to reach the Property due to weather, sea conditions, missed ferries, or other transport issues.

9.4 Check-in instructions, including key or access information, will be provided by the Host before the arrival date. The Guest must keep these details confidential and must not provide them to any third party other than members of the Guest Party.

9.5 The Guest must not duplicate, copy, or retain any keys, access codes, or other instruments after the end of the Booking Period.

10. House Rules

10.1 The Guest, and every member of the Guest Party, must comply with the following House Rules. These rules form part of this Agreement.

Quiet enjoyment of neighbours

• Great Mackerel Beach is a small, close-knit residential community. Permanent and holiday residents live next door, behind, nearby, and/or around the Property.
• Quiet hours are from 10:00 PM to 8:00 AM. Voices, music and outdoor activity must be kept low between these hours.
• Outdoor speakers, amplified music, and loud audio equipment are not permitted at any time.
• Excessive noise (including raised voices, slamming doors, and late-night activity on the deck) is not acceptable.

No parties, functions or commercial use

• Parties, functions, gatherings beyond the day-visitor limit, weddings, hen’s/buck’s nights, schoolies, end-of-school celebrations, or similar events are strictly prohibited.
• The Property must not be used for any commercial activity, filming, photography for hire, or paid event without the Host’s prior written consent.

Smoking, vaping, candles and naked flames

• Smoking and vaping are not permitted anywhere on the property, including indoors, outdoors, or on the grounds. The entire property is smoke-free and vape-free. We appreciate you respecting the Great Mackerel Beach community by abiding by this house rule.
• Candles, oil burners, incense and other naked flames are not permitted indoors or outdoors due to fire-safety risk and bushfire risk.
• The Guest must not light any fire on the beach, in the garden, in the grounds, or anywhere on the Property. Total fire bans declared by the NSW Rural Fire Service must be observed at all times.
• The fireplace in the property must not be used without the Host’s written permission. The Guest accepts that the Guest is liable for any cost associated with non-compliance with this clause that results in a cost to the Host.

Pets and animals

• No pets or other animals are permitted at the Property.
• Native wildlife must not be fed, harassed, or removed from the Property or the surrounding national park.

Children and supervision

• Children of all ages are welcome, but must be supervised at all times.
• The Property is on the beachfront, has timber decks, steps, and unfenced outdoor areas. The Guest is solely responsible for the supervision and safety of children at the Property and on the surrounding beach, water and bushland.
• The Property is not childproofed. The Guest acknowledges that children under their care use the Property at the Guest’s sole risk.

Footwear, sand and salt

• Please leave wet swimwear, beach towels and sandy shoes outside or on the deck before entering the Property.
• An outdoor shower is provided to rinse off salt and sand before entering the cottage. Please be mindful of your water consumption, as the property relies on a limited supply of tank water.

Care of the Property

• Move furniture only as needed for ordinary use. All indoor and outdoor furniture must remain on the Property at all times.
• Do not remove items, linen, glassware, books, or any other contents from the Property.
• Report any breakage, damage, malfunction or pest issue to the Host as soon as possible.
• Beach chairs, umbrellas, kayaks (if provided) and other recreational equipment are used at the Guest’s sole risk and must be returned in the same condition, allowing for fair wear and tear.

Garbage and recycling

• All garbage, recycling and food waste must be removed in accordance with the instructions in the Property’s welcome guide.
• Garbage must be securely bagged before disposal to prevent attracting wildlife.
• Excess garbage that does not fit in the provided bins must be removed from Great Mackerel Beach by the Guest, or an excess-removal fee may apply.

Water, septic and energy

• Only flush biological waste and toilet paper down the toilet. No wet wipes, sanitary products, nappies, cotton buds, or any other items are to be flushed. The Guest accepts that the Guest is liable for any cost associated with non-compliance with this clause that results in a cost to the Host.
• Conserve water: the property is on rainwater only, so it is critical that Guests conserve water where possible. If the Guest consumes excessive water, an additional charge may be incurred if the Host needs to replenish the water to maintain functionality at the property.
• All Guests are ensured there is adequate water available prior to their stay assuming normal consumption patterns. Once that water is consumed, the Host in its absolute discretion may restrict further water, and the Guest may be forced to depart. The Guest accepts this restriction and acknowledges that the Host will provide no compensation or refund of any sort if the Guest's stay is cut short by this clause.
• Please switch off lights, fans, TV (long press until it goes black), heating and other devices when leaving the Property.

Beach, water and bushland

• The beach in front of the Property is unpatrolled. Swimming, kayaking, paddle-boarding, fishing and any other water-based activity are at the Guest’s sole risk.
• Bushwalking in Ku-ring-gai Chase National Park is at the Guest’s sole risk. The Guest must comply with all NSW National Parks and Wildlife Service rules.
• Wildlife (including snakes, octopuses, spiders, ticks, and leeches) may be encountered on or around the Property. The Guest is responsible for taking appropriate precautions.

Wi-Fi, internet and devices

• The Property is provided with wireless broadband internet for the Guest’s reasonable personal use.
• The Guest must not use the internet for any unlawful purpose, including downloading or sharing material that infringes intellectual property rights, accessing or distributing illegal content, or sending spam.
• The Property utilises a Starlink connection to the internet but connection speeds and reliability cannot be guaranteed in this remote location.

11. NSW STRA Code of Conduct

11.1 The Guest acknowledges that the Property is registered short-term rental accommodation under the NSW planning framework (STRA Property ID PID-STRA-92424) and that the Code of Conduct for the Short-term Rental Accommodation Industry (NSW) applies to the Booking.

11.2 Without limiting any other obligation under this Agreement or the law, the Guest agrees that they and every member of the Guest Party will:

• comply with the Code of Conduct, the House Rules, and any reasonable directions of the Host (or the Host’s representative);
• not create noise that unreasonably disrupts the quiet enjoyment of the Property’s neighbours;
• not use, or allow the Property to be used, for any unlawful purpose;
• not intentionally, recklessly or negligently damage or remove any of the Host’s property or any property of the neighbours of the Property;
• take reasonable care of the Property and the Host’s property at the Property;
• notify the Host (or the Host’s representative) of any dispute or complaint about a guest or visitor as soon as possible after the dispute or complaint arises;
• be responsible for the actions and behaviour of any visitors invited to the Property during the Booking Period; and
• not copy or knowingly retain after the end of the Booking Period any keys, security passes or other instrument that facilitates access to the Property.

11.3 The Guest further acknowledges that breaches of the Code of Conduct may result in disciplinary action by NSW Fair Trading, including warnings, fines, and listing on the STRA Exclusion Register, which may prevent the Guest from making future short-term rental bookings in NSW.

11.4 The current version of the Code of Conduct is available on the NSW Fair Trading website. By signing this Agreement, the Guest confirms that they have had a reasonable opportunity to review the Code of Conduct.

12. Emergencies, bushfire and health

12.1 In an emergency, the Guest must call 000 (or 112 from a mobile telephone where the network coverage is limited) for police, fire, or ambulance.

12.2 Mobile telephone reception at Great Mackerel Beach is variable and may be unreliable. The Guest should not rely on the availability of mobile coverage for emergencies. The Property is provided with wireless broadband internet which may be used for VoIP or messaging in the event of mobile network failure; however, there is no guarantee the broadband itself will be operative at that time.

12.3 The Property is in or near bushfire-prone land. The Guest must:

• familiarise themselves with the Bushfire Survival Plan and evacuation information provided in the welcome guide;
• monitor the NSW Rural Fire Service ‘Hazards Near Me’ app and the Fires Near Me website for fire warnings during their stay;
• comply with any total fire ban or evacuation order in force during the Booking Period; and
• not light any fire or use any flame-based device on the Property or surrounding bushland.

12.4 The Guest acknowledges that, in the event of a bushfire, severe weather, or other emergency, the Property may need to be evacuated and that ferry, water-taxi and barge services may be cancelled. In such circumstances, clause 27 (Force Majeure) applies.

12.5 The nearest hospital and medical facilities are located on the mainland. The Guest is responsible for bringing any prescription medication, mobility aids, and medical supplies they may require during their stay. The Host strongly recommends that any Guest with a serious medical condition assess the suitability of the location before booking.

13. Right of entry by the Host

13.1 The Host (and any person authorised by the Host, including tradespeople, cleaners, and emergency services) may enter the Property without notice in the event of:

• a genuine emergency, including fire, flood, suspected or actual gas leak, suspected or actual damage, or suspected or actual risk to person or property;
• the Host’s reasonable belief that the Guest is in serious breach of this Agreement, the Code of Conduct or the law;
• the Host’s reasonable belief that the Property has been abandoned or is being used in breach of this Agreement; or
• essential repairs or services that cannot reasonably be deferred.

13.2 Otherwise, the Host may enter the Property at reasonable times on giving the Guest reasonable advance notice (which may be by SMS or email).

13.3 The Host’s right of entry is for the protection of the Property and the safety of guests and neighbours, and is not intended to interfere unreasonably with the Guest’s enjoyment of the Property.

14. Care and condition of the Property

14.1 The Guest must:

• leave the Property in a clean, tidy, and undamaged condition (allowing for the cleaning service that forms part of the Total Fee);
• wash, dry and put away dishes, kitchenware and barbeque equipment;
• place all rubbish and recycling in the appropriate bins, and remove excess rubbish from Great Mackerel Beach;
• strip used bed linen and place it as instructed in the welcome guide;
• secure all windows, doors and gates on departure;
• switch off all lights, appliances, fans, heating and cooling on departure; and
• return all keys and access devices in accordance with the check-out instructions.

14.2 Any departure clean that materially exceeds the standard cleaning required following ordinary holiday use of the Property may incur an additional cleaning charge.

15. Damage, breakage and loss

15.1 The Guest must report any damage, breakage, malfunction or loss at the Property to the Host as soon as practicable, and in any event before check-out.

15.2 The Guest is responsible for, and indemnifies the Host against, any loss, damage or destruction (other than fair wear and tear) caused to the Property, its contents, or to neighbouring property by:

(a) the Guest;

(b) any member of the Guest Party;

(d) any pet (whether or not authorised) brought to the Property by any of the foregoing.

15.3 The Host’s costs of repair, replacement or rectification (including reasonable professional fees and any costs of obtaining materials or tradespeople to a remote location) may be charged against the Damage Authorisation or invoiced separately.

16. No subletting, assignment or re-advertising

16.1 The Guest must not assign, sublet, license, share, advertise, or otherwise transfer the Booking or the right to occupy the Property to any other person.

16.2 The Guest must not list, advertise or describe the Property on any website, social-media account or any other platform, including for re-rental, accommodation swap, or any other purpose.

17. Misrepresentation

17.1 The Guest acknowledges that the Host has accepted the Booking in reliance on the information provided by the Guest. If the Host reasonably believes that the Guest has provided false or misleading information about themselves, the Guest Party, or the purpose of the Booking, the Host may immediately terminate this Agreement under clause 28 and refuse access to the Property without refund.

18. Privacy and personal information

18.1 The Host collects and uses the Guest’s personal information for the purposes of administering the Booking, communicating with the Guest, complying with the Host’s legal obligations (including under the Code of Conduct and the STRA Exclusion Register), and protecting the Property and its neighbours.

18.2 The Host may disclose the Guest’s personal information to: Lodgify and other booking platforms; payment processors; cleaners and tradespeople; insurers; the Host’s professional advisers; NSW Fair Trading and other government authorities (where required); law enforcement; and any other entity or person that reasonably requests such information.

18.3 The Property is not equipped with audio or video recording in any private area (bedrooms, bathroom, or interior living areas). External security cameras (if any) are limited to entry, parking, and external common areas, are clearly disclosed in the welcome guide, and are operated for security purposes only.

18.4 The Host’s privacy practices are set out in the Host’s privacy policy (or those of Lodgify or any other booking platform, where applicable). The Guest may request access to or correction of their personal information by contacting the Host.

19. Insurance

19.1 The Host holds public liability insurance covering the Host’s liability for third-party injury or death at the Property as required by the Code of Conduct.

19.2 The Host’s insurance does not cover the Guest’s personal property, personal injury caused by the Guest’s own conduct, the Guest’s liability for damage to the Property or to any third party, or any consequential loss suffered by the Guest.

19.3 The Guest is strongly recommended to obtain and maintain, at their own cost: (a) comprehensive travel insurance covering cancellation, curtailment, illness, weather, and transport disruption; and (b) personal accident, contents, and personal liability insurance appropriate to their use of the Property.

20. Assumption of risk, release and indemnity

20.1 The Guest acknowledges that occupation of the Property and recreational activities at or near it (including but not limited to swimming, snorkelling, kayaking, paddle-boarding, boating, fishing, bushwalking, climbing, and use of the deck, stairs, outdoor furniture, kitchen equipment, fireplace, and barbecue) carry inherent risks of personal injury, illness, death, property damage, and loss.

20.2 Subject to clause 22 (Australian Consumer Law) and except to the extent caused by the Host’s gross negligence or wilful misconduct, the Guest:

(a) voluntarily assumes all risk associated with their stay and the activities of the Guest Party at, on, or in the vicinity of the Property;

(b) releases the Host (and the Host’s officers, employees, agents, contractors and related entities) from any claim, demand, action, or liability arising from any personal injury, illness, death, property damage or other loss suffered by the Guest, the Guest Party, or any of their visitors; and

(c) indemnifies the Host against any claim, demand, action, or liability brought against the Host by any third party (including any neighbour, visitor, tradesperson, or government authority) arising out of, or in connection with, the use of the Property by the Guest, the Guest Party, or their visitors, or any breach of this Agreement by them.

21. Limitation of the Host’s liability

21.1 Subject to clause 22, the Host’s aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the Total Fee paid by the Guest for the Booking.

21.2 Subject to clause 22, the Host is not liable to the Guest for any indirect, consequential, special, or incidental loss or damage, including loss of profit, loss of opportunity, loss of enjoyment, additional travel costs, or loss arising from a Force Majeure Event, however caused.

22. Australian Consumer Law

22.1 Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

22.2 To the extent permitted by law, the Host’s liability for breach of any non-excludable guarantee under the Australian Consumer Law in relation to recreational services is limited, at the Host’s option, to: (a) the supply of the services again; or (b) the payment of the cost of having the services supplied again.

23. Warning – recreational activities

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 EQUIVALENT NSW PROVISIONS: Under the Australian Consumer Law (New South Wales), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this Agreement is required to ensure that the recreational services it supplies to you: are rendered with due care and skill; are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and might reasonably be expected to achieve any result you have made known to the supplier. Under section 139A of the Competition and Consumer Act 2010 (Cth), the supplier is entitled to ask you to agree that these conditions, warranties and guarantees do not apply to you. If you sign this Agreement, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law (NSW) if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this Agreement. NOTE: The change to your rights, as set out in this Agreement, does not apply if your death or injury is due to gross negligence on the supplier’s part. ‘Gross negligence’ in relation to an act or omission means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.

24. Termination by the Host

24.1 The Host may immediately terminate this Agreement and require the Guest, the Guest Party and all visitors to vacate the Property without refund if:

• the Guest, the Guest Party, or any visitor materially breaches this Agreement, the House Rules, or the Code of Conduct;
• excessive water consumption is detected or suspected, or the water supply equipment, valves, pipes or plumbing is or is suspected to have been modified, adjusted, altered, diverted, or tampered with;
• the Maximum Occupancy is exceeded;
• a party, function, or commercial event is held or attempted at the Property;
• the Guest, the Guest Party, or any visitor engages in conduct that is unlawful, dangerous, or seriously offensive;
• the Guest has provided false information about themselves or the use of the Property; or
• the Host reasonably believes that the safety of the Property, neighbours, or any person is at risk.

24.2 Termination under this clause is without prejudice to the Host’s other rights, including the right to recover damages.

25. Force Majeure

25.1 A Force Majeure Event means an event or circumstance beyond the reasonable control of the affected Party, including: bushfire, flood, storm, landslide, severe weather, drought, earthquake, tsunami, pandemic or epidemic, public-health order, government action or restriction, ferry or transport disruption, water or power outage, civil unrest, terrorism, or industrial action.

25.2 If a Force Majeure Event prevents the Host from making the Property available, in whole or in part, during the Booking Period, the Host’s liability is as set out in clause 8.6. If a Force Majeure Event prevents the Guest from travelling to or occupying the Property, this does not entitle the Guest to any refund or credit, except as provided in clause 8 or as required by law.

26. Notices

26.1 Any notice under this Agreement must be in writing and may be given by email to the address on the cover page or in the booking confirmation. Notices are deemed received on the next Business Day after sending, provided no delivery failure is received.

27. General

27.1 Entire Agreement. This Agreement, together with the Booking Summary, the welcome guide, and any platform terms that apply to the Booking, constitutes the entire agreement between the Parties about the Booking and supersedes any prior representations, negotiations, or agreements.

27.2 Variation. No variation of this Agreement is effective unless made in writing and agreed by both Parties.

27.3 Waiver. The failure of a Party to enforce a right under this Agreement does not amount to a waiver of that right.

27.4 Severability. If any provision of this Agreement is invalid or unenforceable, that provision is severed to the extent of the invalidity, and the remainder of the Agreement continues in full force.

27.5 Governing law and jurisdiction. This Agreement is governed by the laws of New South Wales, Australia. Each Party submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them.

27.6 Counterparts and electronic signing. This Agreement may be signed in counterparts and electronically. Each counterpart, when signed, is an original, and all counterparts together constitute a single agreement.

27.7 Survival. Clauses 7, 15, 18, 19, 20, 21, 22, 26 and 27 survive the expiry or termination of this Agreement.

28. Guest acknowledgement and signature

28.1 By signing this Agreement (electronically or otherwise), the Guest acknowledges and agrees that:

• they have read, understood, and accepted this Agreement and the House Rules;
• they have had the opportunity to seek independent legal and insurance advice before signing;
• they have read and understood the warning in clause 23;
• they enter into this Agreement on behalf of, and bind, every member of the Guest Party; and
• they will provide a copy of this Agreement to every member of the Guest Party before arrival.

Executed as an agreement:

SIGNED FOR THE GUEST

Signature: ________________________________________________

Full legal name (printed): ________________________________________________

Address: ________________________________________________

Date: ________________________________________________

SIGNED FOR THE HOST

Signature: ________________________________________________

Name (printed): ________________________________________________

Capacity: Director of Mack Shack Pty Ltd ATF Mack Fixed Trust (ABN 99 316 417 929)

Date: ________________________________________________

Annex A – Quick-reference House Rules

Please share this summary with everyone in your group before arrival.

Rule	Detail
Maximum guests	6 (overnight). Up to 8 people total during the day; visitors leave by 9:00 PM.
Quiet hours	10:00 PM – 8:00 AM. No outdoor speakers.
Smoking / vaping	Not permitted anywhere on the Property, indoors or out.
Pets	Not permitted.
Parties / functions	Not permitted.
Naked flames	Not permitted. No candles, incense, oil burners or open fires (including no fires in the fireplace).
Children	Welcome — must be supervised at all times.
Garbage	Bag securely. Take all rubbish to the ferry wharf. Take excess rubbish back to the mainland.
Toilet	Flush only human waste and toilet paper.
Departure	By 11:00 AM. Strip beds, dishes done, lights and heating off, doors locked.
Emergencies	Call 000. Bushfire warnings: Hazards Near Me app.