APPOINTMENT TO LET & MANAGE

This LETTING AGENT AGREEMENT for

is made on

BETWEEN ("Agent”)

Merimbula Operations Pty Ltd​ (ABN 90 608 287 501 / Corporations Licence 10090662)

OF 68/1 Elizabeth Street, Merimbula, NSW, Australia, 2548 

AND ("Owner")

OF

INTRODUCTIONS:­ 

1. Merimbula Operations Pty Ltd is the letting Agent appointed by your Body Corporate.
2. You wish to appoint us to let and manage your apartment exclusively.

THE PARTIES AGREE:­ 

1. APPOINTMENT­
   1. You appoint us to be your sole agent to let and manage your apartment.
   2. Either party may terminate this appointment by giving the other 3 months written notice.
   3. Despite termination you will honour all forward bookings for your apartment that cannot be transferred to another unit of similar standard.
   4. If you sell your apartment you may give a lesser period of notice if you get your purchaser to confirm to us in writing that they will be bound by this appointment from the date of settlement of your apartment.
2. MANAGEMENT
   1. We must competently and diligently manage your apartment.
   2. In managing your apartment we must:-
      1. Organise and supervise the servicing of your apartment which includes cleaning, linen changing and the provision of toiletries and other guest consumables (milk, sugar, tea, coffee, soap and the like) to operate your apartment as high quality serviced accommodation.
      2. Supervise or perform minor repairs and replacements.
      3. Supervise skilled tradespersons doing major repairs and replacements.
      4. Advertise and promote Sorrento Apartments Merimbula
      5. Pay on your behalf from rent collected:-
         1. Credit card and charge card commissions
         2. Travel agent commissions and booking fees
         3. Bank charges and fees
         4. PABX rental, and
         5. Postage and petties.
3. LETTING
   1. We must competently and diligently let your apartment.
   2. In letting your apartment we must:-
      1. Offer your apartment for rent.
      2. Use our best endeavours to maximise your rental income.
      3. Set tariffs, terms and conditions of rental.
      4. Collect your rent (rent paid by credit card, charge card or cheque is not collected until received by us).
      5. You acknowledge and agree that, in establishing reasonable rates for the letting of the apartment, we may accept bookings from travel wholesalers and other agents for the letting of the apartment at accepted wholesale and other agent industry rental rates.
      6. Account to you within 14 days of the end of each month for rent collected less allowable deductions. These allowable deductions are attached at Schedule B or any other deductions agreed by you and us in writing.
   3. The cost of allowable deductions may change as the letting and management costs incurred increase. You will be advised in writing 30 days in advance of any changes.
4. ADVERTISING AND PROMOTION
   1. We may use your apartment for up to 5 nights each year free of charge for promotional purposes.  When we use your apartment for this purpose we will not charge you for cleaning, linen, guest supplies or other management charges. We will try to organise for this to occur during periods of low occupancy.
5. FURNISHING AND PROPERTY MAINTENANCE
   1. You agree to furnish the apartment to applicable industry standards consistent with “AAA” ratings for a resort apartment used for holiday lettings.
   2. You agree to maintain the apartment and furnishings and where necessary, renew and replace the furnishings to maintain the standard at 5.1.
   3. We are not responsible for the replacement or repair of lost, stolen, damaged or worn, furniture, fittings and equipment.
   4. We must obtain your consent to spend more than $750.00 at any one time which consent shall not be unreasonably withheld.
   5. We can exercise our rights under this agreement to spend the authorised amount without reference to you.
6. OWNER OCCUPANCY
   1. You may use your apartment by giving us prior notice.
   2. Your use of your apartment is subject to it being available. Prior bookings made by us that cannot be reasonably transferred to another apartment take precedence over your entitlement to use your apartment. On arrival, you will check in at reception before going to your apartment.
   3. When you use your apartment you do not pay rent during your occupation, however, you agree to pay the agent an amount equal to the usual management commission charged by the agent for that period of occupation including any departure cleaning or other services required during your stay this will be charged at that time and we are authorised to deduct those charges from future rental due to you.
7. INSURANCE - You must:
   1. Carry a public risk insurance policy (recommended minimum of $10,000,000) for the apartment.
   2. Carry an insurance policy on the contents of the apartment.
   3. Supply us with a copy of your certificate from your insurer saying that the policy is current.
8. ASSIGNMENT
   1. The agent may assign its interest in this Appointment or entity which is, with the approval of the body corporate for the complex in which the property is situated, the letting agent for the complex.
      Note: You the client will receive notice of the assignment, including the name and business address of the agent before being assigned the appointment.
9. INDEMNITY
   1. As your agent we are not liable for rent not collected or damage to your apartment or its contents.
      You indemnify us and our servants, employees, and agents in respect of any claim arising out of this agreement except in the case of neglect or default on our part.