Short Term Accommodation Terms and Conditions
1. The following persons are eligible for accommodation at a studio/flat/townhouse (MRS accommodation) at Monash Residential Services (MRS):
a. Academic staff of the University;
b. Professional staff of the University;
c. Parents/guardians of University students living in on-campus accommodation; and
d. Consultants that the University has invited to complete work at the University (visitors).
2. MRS accommodation is strictly available for booking by persons 18 years of age and over, however visitors under the age of 18 years are eligible to occupy MRS accommodation if accompanied by a parent or guardian for the duration of their stay.
3. All bookings for accommodation must be made by completing the Staff and visitor Accommodation Booking Request Form.
4. Every attempt will be made to accommodate a visitors’ booking, however bookings are dependent on availability of the MRS accommodation for the period requested.
5. Visitors are required to make a payment for the first 3 nights of accommodation (deposit) with
email confirmation of a booking. The payment must be made within 7 days of the date of
the Booking Confirmation email. If the deposit is not paid in full by the due date, the booking will be forfeited.
Booking Fees and Length of Stay
6. MRS accommodation booking fees are set out on the Price List. All fees are charged on a per night basis.
7. All electricity, gas and water usage charges are included in the booking fees.
8. A minimum booking of 3 consecutive nights is required. Bookings for less than 3 nights will attract additional charges.
9. The maximum booking is 12 months. Depending on the ongoing availability of MRS accommodation, the Admissions Office may consider a stay longer than 12 months (at its discretion)
10. A minimum cancellation notice of 7 days prior to a visitor’s arrival is required. Beyond that deadline, a no-show or late cancellation will result in loss of the deposit.
11. Visitors wishing to terminate their booking earlier than the dates mentioned in their Booking Request Form must inform the Admissions Office, in writing, 1 week prior to the date of departure. Failure to do so will result in the visitors being liable for payment until the termination of their agreement.
12. Visitors must not assign, sublet or otherwise part with possession of the MRS accommodation without the prior written consent of MRS (which may or may not be granted at MRS’ absolute discretion).
Internet and Phone
13. Telephones in MRS accommodation have local call dialling facilities only.
14. Visitors (excluding 68 Beddoe Avenue) have access to the internet (at no additional cost) via the University server and a valid University authcate is required. Please enquire at the Administration Office on arrival for assistance with activation.
15. Visitors can apply for a parking permit at check in (at no additional cost).
16. The following items are prohibited at MRS accommodation for health and safety reasons:
a. double adaptors and non-Australian power plugs for any electrical devices (if an electrical device has been purchased outside Australia, an adapter must be purchased and used for all non-Australian power plugs);
b. personal heaters of any kind including but not limited to bar radiators, fan heaters and oil heaters;
c. portable air conditioners and evaporative coolers;
d. the use of electronic oil diffusers, candles, incense or anything that generates a continuous naked flame or steam;
e. the use, possession or storage of any kind of ammunition and/or weapons or any other item (whether real or fake) that is capable of being used aggressively or for violent purposes or for the purpose of intimidating. This includes but is not limited to missiles, fireworks, firearms, stun guns, martial arts equipment, any device resembling a firearm, slingshots, spear guns, bows and arrows, explosives, laser pointing devices and taser guns. The improper discharge or a chemical agent including but not limited to, mace, pepper spray, or other aerosols is prohibited;
f. the use of drones; and
g. animals of any kind, subject to those visitors who require an assistance animal which must be agreed in writing with MRS in advance.
17. Visitors are responsible for the behaviour of their guests within the MRS accommodation and any communal areas.
18. Visitors must not possess, consume or be under the influence of alcohol in the communal areas or areas directly outside their MRS accommodation.
19. Visitors must, in their conduct, always show consideration for other visitors and for the furniture, property and buildings of MRS.
20. Visitors must not, contribute to or allow to continue, any action which makes noise that disturbs others where noise originating from but heard outside the confines of a visitor’s MRS accommodation may be deemed excessive.
21. The University and MRS accommodation are a smoke free environment. Smoking is restricted to a few designated areas on the campus. Smokers must use the designated smoking points in the outdoor areas if they wish to smoke. See maps showing the location of these points on the University website.
Repair and Maintenance
22. When the visitor reports a maintenance fault in their MRS accommodation, they give consent for maintenance personnel to enter the MRS accommodation when available, even if they are not present, for the purpose of fixing any reported maintenance faults. Where possible, MRS will provide advance notice of maintenance personnel attending.
23. If the visitor causes or contributes to any damage (other than fair wear and tear) to the MRS accommodation, the visitor must pay or reimburse MRS for the reasonable costs incurred by MRS in repairing or rectifying the damage.
Right of Entry
24. MRS reserves the right of entry into MRS accommodation by approved staff/contractors in certain situations, including but not limited to:
a. health and safety matters;
b. smoke detector tests;
c. excessive noise where, in the case of noise originating from but heard outside the MRS accommodation and the visitor is not present, MRS reserves the right to take action to stop the noise continuing to disturb the other visitors (example, switching off any electrical appliance generating the noise); and
d. in the case of emergency, actual or suspected.
25. Check-in time is 3:00pm and check-out time is 10:00am.
26. Prior arrangements need to be made with the Admissions Office for late check-out or early check-in.
27. Visitors departing after 10:00am or arriving prior to 3:00pm, will be charged for an additional night.
End of Stay
28. At the end of their stay, visitors must:
a. vacate and leave the MRS accommodation in the condition it was in at the start of their stay;
b. remove all of the visitor’s personal belongings from the MRS accommodation and leave the MRS accommodation in a clean, tidy and hygienic condition;
c. return all keys, keycards, security devices or swipe cards provided to the visitor to access the MRS accommodation; and
d. remove their vehicle from the MRS accommodation (if they obtained a parking permit at check in).
29. Unless otherwise agreed with MRS, the visitor’s personal belongings, left in the MRS accommodation (excluding communal areas) after the visitor has vacated may be treated by MRS as abandoned and dealt with or disposed of by MRS as the MRS deems appropriate (including vehicles). The visitor must reimburse MRS for any fees MRS reasonably incurs in removing or disposing of any of the visitor’s abandoned personal belongings within 14 days of demand.
30. After the visitor has vacated MRS accommodation, MRS will inspect the MRS accommodation and will carry out any cleaning and repair works which MRS, acting reasonably, considers is required to put MRS accommodation back into the condition it was in when the visitor first occupied it. The visitor must pay or reimburse MRS for MRS’ reasonable costs incurred in arranging and carrying out such work.
31. Visitors staying less than 3 consecutive nights in Normanby House will incur a once-off cleaning surcharge.
32. Where MRS, acting reasonably, forms the view that it was not appropriate for a fire alarm to be activated, MRS will issue an invoice to the visitor who set off a fire alarm (whether they have acted wilfully or negligently) to recover the cost of attendance by the Metropolitan Fire Brigade.
Termination by MRS
33. MRS may terminate the booking by giving the visitor written notice if:
a. the fees payable remain unpaid for more than 7 business days after MRS gives the visitor a written demand; and
b. the visitor does not comply with any of its obligations under these terms and conditions (Terms).
34. For the purposes of section 146(1) of the Property Law Act 1958, 14 days is fixed as the period within which the visitor must remedy a breach capable of remedy and pay reasonable compensation for that breach.
35. Termination by MRS ends these Terms, but MRS retains the right to sue the visitor for unpaid money or for damages (including damages for the loss of benefits that MRS would have received if these Terms had continued for the full term) for breaches of its obligations under these Terms.
Risk, Release and Indemnity
36. The visitor acknowledges and agrees that the visitor occupies the MRS accommodation at its own risk.
37. The visitor releases to the full extent permitted by law MRS and its officers, servants or agents from all claims and demands of any kind resulting from any accident, damage or injury occurring on the MRS accommodation, except to the extent caused by the negligence of MRS.
38. The visitor acknowledges that MRS has no responsibility or liability for any loss or damage to fixtures, fittings, chattels or personal property of the visitor at the MRS accommodation, except to the extent caused by the negligence of MRS.
39. The visitor indemnifies and releases MRS against all liabilities, losses, costs (including legal costs), expenses, claims, demands, judgments or actions which may be brought against MRS or suffered or incurred by MRS whatsoever or howsoever arising, regardless of their form, whether in contract, tort (including in negligence), breach of statutory duty or otherwise, arising out of or in connection with these Terms, except to the extent that the liability, loss, cost, expense, claim, demand, judgment or action was caused by a wilful or negligent act or omission of MRS or any of its officers, servants or agents.
Limitation of Liability
40. MRS accepts no liability for any loss and/or damage and/or corruption to data, software and/or hardware caused to a visitor’s personal computer as a result of it being connected to the University computer network and/or internet.
41. MRS accepts no liability for any loss and/or damage to any visitor’s personal belongings and vehicle which are damaged whilst being used and/or stored in MRS accommodation, regardless of the cause of said damage or loss. Visitors are strongly encouraged to obtain personal property insurance whilst they reside in MRS accommodation.
42. To the extent permitted by law, MRS accepts no liability arising from a visitor’s loss of access to MRS accommodation or any inconvenience incurred while the visitor occupies the MRS accommodation.
Compliance with Safety Laws and Policies
43. The visitor shall comply with the Safety Laws and will not do anything or fail to do anything that would cause MRS to be in breach of its obligations under the Safety Laws.
44. The visitor acknowledges that it is aware of and will comply with the Policies. MRS will facilitate access to the Policies when access is requested.
45. For the purposes of clauses 43 and 44, the following definitions apply:
a. Safety Laws means all work health and safety statutes, by-laws and regulations, codes of practice, advisory standards or relevant policies and procedures as in force from time to time in the relevant jurisdiction affecting or in any way relating to these Terms.
b. Policies means the policies, procedures, guidelines and codes of conduct of Monash University available at https://www.monash.edu/policy-bank/a-to-z that apply to these Terms, as in force and as amended by the University from time to time.
46. Visitors must:
a. immediately notify MRS upon becoming aware that the visitor has contracted or may have come into contact with an infectious condition or disease, including where the visitor is showing symptoms of an infectious condition or disease or where the visitor has been in contact with another person who is showing symptoms of or who has been diagnosed with an infectious condition of disease;
b. in the circumstances provided for under clause 46(a), comply with any request for information, requirement or direction from the MRS reasonably necessary to ensure the health and safety of MRS visitors, staff and guests, including (without limitation) any requirement to be tested or assessed by a medical practitioner and to immediately provide (or have the medical practitioner provide) the results of that medical test or assessment to MRS.
47. Where MRS is notified by a visitor or by a medical professional that a visitor has, or has been in contact with someone who has, an infectious condition or disease, the visitor must:
a. cooperate with MRS to discuss a suitable risk management plan for the infectious condition or disease; and
b. comply with any reasonably necessary directions from MRS, acting on advice from a medical professional, to manage the infectious condition or disease, including but not exclusively to relocate a visitor to alternative accommodation or require a visitor to remain absent from MRS accommodation and/or otherwise isolate themselves from other visitors for the period of time that a visitor is infectious.
48. If there is an event that affects or has the possibility of affecting the health and safety of visitors, including (but not limited to) a pandemic, a State of Emergency, a State of Disaster or other serious threat to health and safety, visitors must comply with all directions, restrictions and mandates imposed by the MRS or any municipal, statutory or government including (without limitation):
a. following procedures such as emergency evacuations and announcements, physical distancing, restrictions on gatherings or medical testing;
b. modifying behaviours or activities such as wearing of personal protective equipment and refraining or ceasing behaviours which may be in breach of the government restrictions;
c. modifying, vacating or ceasing entry, use or occupation of residences, communal spaces, areas or facilities within MRS including avoiding areas that have been identified as hazardous or dangerous; and
d. participating in educational programs or safety training and ensuring that the health and safety of MRS visitors and the local community is prioritised.
49. The parties will attempt to resolve any dispute arising under these Terms by negotiation in good faith, initiated by one party giving written notice of the dispute to the other party.
50. If a dispute remains unresolved within 30 business days of a party receiving written notice of the dispute, the parties will refer the dispute to mediation. The mediator will be appointed jointly by the parties or, where the parties cannot agree, nominated by the then President of the Law Institute of Victoria or if not then in operation, a like organisation to be agreed between the parties. All costs of the mediation shall be borne equally by the parties, and the parties shall bear their own legal costs.
51. In the event the dispute is not resolved by mediation within 20 business days after the appointment of the mediator, or such further time as the parties agree in writing, a party may then commence proceedings in relation to the dispute.
52. Notwithstanding the existence of a dispute, the parties must continue to perform their obligations under these Terms.
53. Any notice or other communication required or authorised under these Terms, to be given to a person must be in writing, signed and may be:
a. given personally to the person;
b. left at or sent by prepaid post to the person's address as provided in the Booking Request Form; or
c. sent by email to the person's current email address notified by that party to the other party.
54. A notice or other communication is taken to be received by the recipient:
a. if given personally, at that time;
b. if sent by prepaid post, within Australia to an Australian address, 6 business days after the date of posting; and
c. if sent by email, at the time of receipt as specified in section 13A of the Electronic Transactions (Victoria) Act 2000.
In all cases, a notice or communication received after 5.00pm in the place of receipt or on a day that is not a business day is taken to be received by the recipient at 9.00am on the next business day.
55. These Terms may only be amended or varied in writing signed by the parties.
56. No failure to exercise or delay in exercising any right given by or under Terms to a party constitutes a waiver and the party may still exercise that right in the future.
57. A waiver of any provision of these Terms or a right created under it might be in writing signed by the party giving the waiver and is only effective to the extent set out in that written waiver.
58. If any provision of these Terms is void, voidable by a party, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or words are to be severed and if this cannot be done, the entire provision is to be severed from this agreement without effecting the validity or enforceability of the remaining provision of these Terms.
59. These Terms constitute the entire agreement between the parties about its subject matter and supersedes all previous communications, representations, understandings or agreements between the parties on the subject matter.
60. These Terms are governed by and construed in accordance with the laws of Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives any right to object to proceedings being brought in those courts.