Victorian Current Acts

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 102

    (1)     Subject to subsection (2), the liability of an accommodation provider to make good the loss of, or damage to, any property of a guest under section 101 is limited to $300 per unit of accommodation or any higher prescribed amount if the notice set out in Schedule 3 was displayed in accordance with section 104—

        (a)     at all times during the accommodation period; and

        (b)     at the time of the arrival of the guest at the accommodation place.

    (2)     Subsection (1) does not apply if—

        (a)     the property of the guest had been deposited by or on behalf of the guest for safekeeping with the accommodation provider in accordance with section 103 ; or

        (b)     the accommodation provider had represented that a safekeeping service was available at the accommodation place before the guest agreed to purchase the accommodation and the accommodation provider—

              (i)     had unreasonably refused to accept the property for safekeeping; or

              (ii)     was unable to accept the property for safekeeping due to the default of the accommodation provider; or

        (c)     the loss or damage was caused by the intentional or negligent act or omission of the accommodation provider or its employees or agents.