Terms & Conditions
It is important that you read and understand these Terms and Conditions prior to booking and paying a deposit. The following Terms and Conditions will apply to your stay at any of the properties managed by M69 Pty Ltd t/as G1 Property Mooloolaba – Holidays (G1 Holidays). These Terms and Conditions bind all Guest(s) and other occupants of or visitors to the Property during this reservation. A breach of these Terms and Conditions by your invitees or guests will be considered a breach by you. A breach of these Terms and Conditions may result in, but is not limited to, you being evicted from the premises, losing your bond or pre-authorisation and/or other monies paid (or owned) by you.
These Terms and Conditions were last updated on 14/01/2021. G1 Holidays reserves the right to alter these Terms and Conditions at any time without notice.
PLEASE NOTE THAT ALL OUR PROPERTIES HAVE A NO SMOKING POLICY.
1. Agency: G1 Property Holiday acts as the Agent of the Owner of the Property and only accepts reservations in that capacity in accordance with these Terms and Conditions. G1 Holidays is not responsible for any mis-description of the Property or changes made to the property which differ from representations (including the tariff payable). Photographs on the Website are an accurate representation of the described property at the time the photographs were taken and are subject to change due to fair wear and tear. Neither G1 Holidays nor the owner of the Premises accepts responsibility for personal perceptions.
2. Animals and Birds: Subject to Clause 27 hereto, no animals or birds must be brought to or kept at the property. The cost of any cleaning or treatment required as a result of animals or birds being brought to or kept at the property will be charged to the credit card that you have provided. A reservation may be terminated and guests(s) may be removed from the property if this part of the Terms and Conditions is breached. Where pets are found to be at the property or were at the property during the stay without proper consent from the agent, a charge to the guest security deposit credit card of 2 nights rent equivalent plus $400 cost to treat and clean property will be made.
3. Alterations to reservations: The booking of your reservation is made in good faith but may be subject to change. G1 Holidays is not responsible for actions beyond their control such as if the property is sold or withdrawn from the holiday letting with G1 Holidays for any reason, the property is altered in any way or the owner wants the property for their own use or any other reason. If the property becomes unavailable for any reason and the booking is cancelled by the agent, G1 Holidays will try to relocated the guest(s) to an alternative property or provide a refund of monies paid for the whole of part of the booking not fulfilled excluding eftpos & credit card surcharge fees. Guest(s) may be charged an additional tariff in respect to that alternative property if applies.
4. Building and/or renovations: Our properties are located in suburban locations where construction, building and/or renovation work may be happening to other properties and/or public areas and council property, within the vicinity of the Property. Neither G1 Holidays nor the Owner are responsible for any noise from neighbouring properties or inconvenience caused by building or renovation work. No refund or reduction of tariff will be offered for noise or inconveniences from building or renovation work on neighbouring properties. G1 Holidays may try to relocate you to an alternative property. Guest(s) may be charged an additional tariff in respect of that alternative property if applies.
5. Body Corporate by-laws: All occupants of or visitors to the property MUST comply with any Body Corporate by-laws and any rules applicable to the property which regulate the behaviour of occupants / visitors to the property. Occupants / visitors to the property will not create (or allow to be created) any noise or other nuisance, within or emanating from the property. Failure to comply with Body Corporate by-laws or rules or creation of noise or other nuisance in or from the property may result in the termination of the reservation and removal of the guest(s) and other occupants from the property. Body Corporate management of the property is separate to G1 Holidays. G1 Holidays is not responsible for contractors organised by Body Corporate or onsite managers.
6. Cancellations: Any cancellation of this reservation must be notified to G1 Holidays in writing. Cancellations will result in forfeiture of all monies paid by you in respect of the reservation.
G1 Holidays MAY in the absolute discretion of the Owner of the property offer a refund in part (less the administration fee of $250 and credit card fees (if paid by credit card). ) if the Property is re-booked for a reservation identical in all respects to this reservation.
If we are not able to re-book the dates of your reservation, then all of the monies paid by you in respect of the reservation will be forfeited to the Owner of the Property.
Refunds cannot be made for bookings cancelled due to inclement weather or illness. We recommend that you take out comprehensive travel insurance to protect you in this regard.
Where there are government travel restrictions put in place that impede an existing booking, we will offer a credit held for a future booking valid for up to 12 months from your original arrival date. This credit must be used for the same property as originally booked and within the same rate season. No fees will apply to change the booking dates. Should the new dates booked be lesser in value than the original booking, the difference in price cannot be refunded. Should the new dates booked attract a higher value than the original booking (different season rates), then the difference in price must be paid.
In some circumstances, and at the discretion of the property owner, we may offer a refund of the full amount paid to G1 Property less a cancellation fee of 30% and less eftpos & credit card surcharge fees
7. Check-in: All guests are required to check-in in our office, Shop 9/13 Mooloolaba Esplanade, Mooloolaba. Check-in is from 2.00pm on the Arrival Date. This may be changed to 3.00pm during peak season, please check your documentation. Early check-in may be possible with an additional fee of $25.00 from 11.00am if the property is available early. Please check with us prior. The named Guest(s) must be present upon check-in to collect keys and must sign a Guest Registration Form, pay any balance owing and provide a driving licence and Visa or Mastercard credit card which will be photocopied. The named Guest(s) must be present during the entire reservation. All bookings must be made by a person over 18 years of age. At check-in, proof of age may be requested. G1 property reserves the right to request all of the booked guests in certain circumstances and houses to present themselves on checking in.
8. Security deposit: Upon check-in and prior to receiving the keys to the Property and in addition to any balance owing, the Guest(s) must:
Authorise a Visa or Mastercard pre-authorisation on an amount no less than $200 for Unit Bookings ($500 for Oceans 201 and Toorumbee 4 and Jedda 5 and $1000 for Sirocco 201)
Authorise a Visa or Mastercard pre-authorisation of $1000 either on Visa or Mastercard for House Bookings.
Pre-authorisations and bonds will be held by G1 Holidays for the duration of this reservation and until four (5) days after the end of this reservation. The Guest(s) authorise G1 Holidays to pay or reimburse itself or the Owner of the Property for any cost or expense, damage, breakage or other loss applicable to or arising out of the use and occupation of the Property pursuant to this reservation (including but not limited to telephone charges, hire and cleaning charges, the repair and/or reinstatement of the Property) and any cost or expense incurred due to the breach of these Terms and Conditions (including but not limited to, any charges incurred with or by G1 Holidays, Police, Fire, ie. accidental setting off of smoke alarms, or other emergency services or security personnel) and any additional Tariff payable by the Guest(s). If the pre- authorisation or bond amount held is insufficient to pay or reimburse the whole of the cost or expense and/or additional Tariff to G1 Holidays or the Owner of the Property, the Guest(s) acknowledge their joint and several liability to pay to or reimburse G1 Holidays or the Owner of the Property for any outstanding cost or expense.
9. Online Guest Registration portal: Please note that if you register online, this must be done by close of business time on the day of arrival.
What is Online Guest Registration? Instead of reading and signing your registration form and verifying your identity at our office, you can now do all of this online to speed up your check-in process! What would normally take 5-10 minutes will now only be a matter of saying your name, a quick handover of keys and information and you’re on your way.
Is the Online Guest Registration Portal secure? Yes, security is extremely important to us and your details are stored on a secure storage server with industry standard encryption. Our staff can only access your information once, and only by Two-Factor Authentication. After this, all personal information is automatically deleted. This is to ensure no personal information is kept on file. G1 Holidays is PCI Compliant.
10. Check-out: Check-out is required by no later than 10am on the Departure Date. Upon check-out, the named Guest(s) must return keys to G1 Holidays office. If the keys are not returned by 10am on the Departure Date, you will be charged an additional daily tariff. Late check-out is not available unless organised and agreed with G1 Holiday on the day prior to departure.
If the keys are returned after checkout time on the Departure Date you agree to pay an additional daily tariff applicable to the Property:
a) free until 11.00am if pre-arranged ONLY. If you have not pre-arranged, then b) will apply
b) $25.00 between 11.00am and 12.00pm
c) a full night’s charge if check out occurs after 12pm.
No refund will be given for early departure under any circumstances.
11. Car parking: Some properties do not provide car parking. If car parking is provided you must only use the car parking space(s) allocated to the Property and not interfere with the use of common property by others. It is your responsibility to ensure that your vehicle fits within the car parking space allocated. G1 Holidays is not responsible for vehicles that don’t fit within allocated spaces.
12. Cleaning and linen: If you have purchased our linen pack, on your arrival the Property will be presented with beds made up (excluding sofa beds and trundles unless organised with G1 Holidays). Linen (including bath towels (one per person)) is provided with the linen packs. Some apartments include the linen pack within the tariffs. These Properties are serviced mid-stay (based on an eight (8) nights plus reservation) at times organised by G1 Holidays. If you refuse cleaners entry for a mid-stay clean, G1 Holidays will not re-book that service. If you require additional linen or towels or services, please advise us before you check-in. These can be provided at your cost. The Property is a smoke free dwelling and must be kept clean and tidy and free of litter (including cigarette butts) at all times. The Property must be left clean and tidy at the end of this reservation including:
(a) all rubbish removed from the Property and placed in outside bins;
(b) the Property left secure with all windows and doors closed/locked;
(c) all furniture and/or decorative items replaced to their original position.
Any additional charges incurred to clean the Property or to repair damage to or otherwise reinstate the Property, will be charged to the credit card provided by you. G1 Holidays will use its best endeavours to ensure windows/doors/louvres/balconies/pools/spas are clean on your arrival. Neither G1 Holidays nor the Owner are responsible for weather conditions that affect these items prior to check-in.
13. Credit cards: The balance Owed, any additional Tariff and the credit card pre-authorisation or bond may be paid by credit card in the name of the Guest(s) and any other person who signs the Guest Registration Form upon check-in on the Arrival Date. We accept VISA and MasterCard only. There will be a processing fee applied to payments made by Visa or Mastercard of up to 1.61% inclusive of GST.
The credit card used to pay for a booking must be in the same name as the booking name. If another person’s credit card is being used, then that person must email G1 Holiday (email@example.com) hat they agree to the payment being made on their card.
14. Internet bank transfer: We accept payment by Electronic Funds Transfer. Please contact us to arrange if you would like to pay by Electronic Funds Transfer. You will need to quote your surname or folio number for all transfers to be easily recognised. If you are making a booking for an immediate stay within 48 hours, full payment is required immediately. Electronic Funds Transfer won’t be accepted in that case. Any bank fees for declined payments will be charged to the guest.
15. Governing law: The law of Queensland governs your use and occupation of the Property during this reservation. You agree to submit to the exclusive jurisdiction of the Courts of Queensland.
16. Equipment use: Use of equipment in the Property (e.g. gymnasium, surf and SUP boards, surf ski, wind surfing and other like equipment) by the Guests or occupants of or visitors to the Property, occurs at the risk of the person using that equipment. Neither the Owner of the Property nor G1 Holidays is responsible for or liable in respect of, any injury to the person or damage to the Property, resulting from that use.
17. Insurance: G1 Holidays recommends that you insure against loss of monies paid, cancellation charges, medical expenses, loss of personal belongings and any other foreseeable loss or expense. Travel insurance is offered by a multitude of companies.
18. Internet connection: The Property may have a broadband internet connection (wired or wireless). The operation of any internet connection during this reservation is not guaranteed and may be disrupted or unavailable. The cost of using any internet connection is not included in the tariff. Neither the Owner of the Property or G1 Holidays is responsible for or liable in respect of the availability of or disruption to, any internet connection or its use. Where internet is provided, guests are requested to be responsible in using it and only use it for accessing emails, social media and simple on-line searches. There must be NO streaming or downloading of videos, music or other copyrighted material. Excessive downloads may result in a charge to the guest.
19. Inspections: If G1 Holidays believes that these Terms and Conditions have been or are being breached, G1 Holidays may inspect the Property at any time during this reservation, upon demand and without notice. G1 Holidays may inspect the Property at all other times during this reservation upon 24 hours verbal notice. Failure to provide access to the Property may result in the termination of this reservation of the Property and removal of the Guest(s) and other occupants from the Property.
20. Inappropriate bookings or Schoolies Week: G1 Holidays reserves the right to refuse any booking that it feels may be inappropriate or that falls across the period of Schoolies Weeks.
21. Keys: Where possible, two (2) sets of keys to the Property will be collected from and returned to G1 Holidays’ office (at 9/13 Mooloolaba Esplanade, Cnr of Mooloolaba Esplanade and Brisbane Road, Mooloolaba ) upon check-in and check-out. Keys will not be provided if a balance of tariff has not been paid.
Any key(s), remote control or alarm device that is lost or damaged will be replaced or repaired at your cost. This may include the cost of changing locks or having additional keys cut and an additional charge of $75 applies to all instances.
No keys are to be left inside a property or the property’s letter box on departure. Advise the managing agent if you are leaving before office hours. Keys can be dropped in our office drop box, (Front office door). A $25 charge will apply for G1 Property to retrieve keys from the property or its letterbox.
If a guest locks themselves out of the property and we are required to attend either the office or the premises to open the property after hours, a $125 surcharge callout fee applies.
22. Liability: The Guest(s) is responsible and liable to reimburse the Owner of the Property for any damage to the Property, damage to or breakage of chattels or fixtures and fittings in the Property or any other loss suffered by the Owner as a consequence of the use or occupation of the Property during this reservation. Neither G1 Holidays nor the Owner of the Property are liable for any damage to or loss of property of or injury to a Guest(s) or other occupant, visitor or entrant to the Property. G1 Holidays will use its best endeavours to arrange for the repair or replacement of any part of the Property that fails or mis-functions during this reservation. Neither G1 Holidays nor the Owner of the Property are liable for any such failure or mis-function. Neither G1 Holidays nor the Owner are obliged to offer any form of refund or compensation to the guest for any such failure or mis-function.
23. Licence not a tenancy: This is not a Residential Tenancy Agreement under relevant Residential Tenancy legislation. Failure to comply with any of these Terms and Conditions may result in immediate termination of this reservation and eviction from the Property. Refunds will not be provided upon termination or eviction.
24. Late arrivals and emergencies:
Late arrivals: G1 Holidays office hours are 8.30am to 5.00pm Monday to Friday, 9.00am to 4.00pm Saturday, except Public Holidays (10.00am to 2.00pm) and Christmas Day (closed). If you anticipate arriving outside of office hours, please contact us on 1800 122 266 to make alternative check-in arrangements. We can provide keys for the Property after hours in the key safe and you will be supplied with a safe code to access your keys.
Online Guest Registration must be completed for guests to be able to access property keys after hours. This must be completed before close of business on the day of arrival. Failure to complete your Online Guest Registration will impede your afterhours check-in and restrict your arrival time to no later than 9pm.
Emergencies: G1 Holidays will provide you with a phone number for after-hours emergencies. This service is for emergency issues only. If a contractor is called out for a non-emergency, you will be charged a call out fee.
25. Online bookings: If you book through an online booking process, G1 Holidays is not responsible for any incorrect information or if you book the wrong property or if the property is double booked. You accept full responsibility when booking through this facility. Neither G1 Holidays nor the Owner are responsible if the Property is unavailable or is double booked. Your booking will not be confirmed until you comply with Clause 28 of these Terms and Conditions.
26. Personal belongings: You are responsible to ensure that all personal belongings are removed from the Property at the end of this reservation. G1 Holidays will use its best endeavours to locate items reported as being left in the Property for a period of one month after departure date. For a fee of $15 + postage which will be debited to your credit card, any items found will be returned to the Guest at the booking address at the Guest’s expense
27. Pet friendly homes: A small selection of G1 Holidays properties will accept pets. These properties are advertised on G1 Holidays website. Pets can only be brought to any properties with the express permission of G1 Holidays. Guests must advise in writing if they wish to bring pet/s to the Property during this reservation. That written advice must state the number and type of pet that will occupy the Property during this reservation. Guest(s) confirm that you accept that the tariff includes a premium to cover the anticipated cost of a pest spray and carpet/upholstery clean. Any damage/maintenance/cleaning/ replacement of items that are required due to the pet/s occupying the Property(examples of this may be scratched floors or damaged furnishings) will be charges to the Guest(s) credit card. Guest(s) must ensure all poop is collected from all garden/outside areas and disposed of regularly during the reservation and before check-out.
Due to the maintenance that may need to be carried out after a Guest departure on a PET FRIENDLY HOME we are not able to offer Guests a later check out
28. Properties: Each property is priced individually based upon the particular features of the Property. The Property may alter without notice. Neither G1 Holidays nor the Owner are responsible for photography on websites. G1 Holidays will use its best endeavours to find you a suitable property but no responsibility will be taken by G1 Holidays or the Owner if you find the Property to be unsuitable for your requirements. No refund or rebate will be considered if you find the holiday property unsuitable or does not meet your expectations.
29. Security deposit: When making your booking and paying the required deposit (refer Clause 26), Guest(s) will provide G1 Holidays with a credit card for the purposes of this reservation. You authorise G1 Holidays to debit that credit card to pay or reimburse G1 Property or the Owner of the Property for any balance of the tariff or any cost or expense, damage, breakage or other loss applicable to or arising out of the use and occupation of the Property during this reservation (including but not limited to telephone charges, hire and cleaning charges and the repair and/or reinstatement of the Property) and any cost or expense incurred due to the operation of these Terms and Conditions including but not limited to, any charges incurred with or by G1 Holidays, Police, Fire or other emergency services or security personnel and any additional tariff payable by the Guest(s)). If the credit available on the credit card provided is insufficient to pay or reimburse the whole of the balance tariff, cost or expense and/or additional tariff, the Guest(s) agree that they are jointly and severally liable to pay to or reimburse G1 Holidays or the Owner(s) of the Property for any outstanding amount as a debt due and payable by the Guest(s) to the Owner of the Property.
30. This reservation: To make your booking and confirm this reservation you must pay a deposit of 30% of the total booking value (plus credit card fees if applicable). After 24 hours from payment, your Deposit is non-refundable in all circumstances.
The balance Tariff is payable by no later than thirty (30) days BEFORE the Arrival Date. You authorise G1 Holidays to debit the balance of the tariff to your credit card on the date notified.
If you fail to pay the Deposit OR the balance Tariff strictly in accordance with this Condition:
(a) this reservation will be cancelled;
(b) you agree that any Deposit paid will be forfeited by you to the Owner of the Property to compensate the Owner of the Property for the loss of this reservation
(c) any unpaid deposit is a debt due and payable by you to the Owner of the Property.
31. Termination: If this reservation of the Property is terminated, G1 Holidays and/or the Owner of the Property is authorised to do all things necessary to remove the Guest(s) and other occupants from the Property, at your cost. If this reservation of the Property is terminated and the Guest(s) and other occupants are removed from the Property, the tariff applicable to the balance of this reservation will be forfeited to the Owner of the Property. There will be no refund of the tariff.
32. Alteration requests made by Guests: Bookings may be transferred to a future date, up to 3 months ahead at a cost of $55 provided that the request to transfer is for the same property, and is for at least the same duration as originally booked for, and is for a period not later than three (3) months after the original arrival date, and the applicable tariff for that season is correctly applied. Alternatively, the booking can be transferred to another person and cannot be altered in any way. A $55 fee will apply to change guest details.
33. Tariffs: Tariffs may change without notice from time to time. The tariff for the reservation is not confirmed until the required deposit is paid in accordance with Clause 28. Once Guest(s) pay the required deposit to confirm the reservation, the tariff will not alter. No responsibility is taken by G1 Holidays for any incorrect advertising of tariffs. Any verbal offers are not valid and will not be honoured unless they are confirmed by G1 Holidays in writing.
34. Use of the Property: The Property is a residential dwelling . The Property is to be used strictly as a residential dwelling for residential purposes by the Guest(s) and the number of occupants nominated on the Guest Registration Form. The Property is not to be used for any other purpose or by any greater number of occupants. The use of the Property for a function, a party, a wedding or other gathering of more than the nominated number of occupants is STRICTLY PROHIBITED. If you use the Property for a function, a party, a wedding or other gathering of more than the nominated number of occupants or other than as a residential dwelling for residential purposes:-
(a) your reservation of the Property will be terminated;
(b) the Guest(s) and other occupants of the Property will be removed from the Property;
(c) the Guest(s) agrees to pay an additional tariff of $2,200 (incl GST) and authorise G1 Holidays to debit that additional tariff to the credit card provided.
Excessive noise from voices, radios, TV’s, stereos, vehicles etc, at any time of the day/night within the property or grounds is not permitted. On receipt of a complaint, G1 Property will endeavour to call the guest(s) and request for excessive noise or anti-social behaviour to stop. $150.00 fee will apply per call. Should G1 Property not be able to make contact or the excessive noise or anti-social behaviour not stop, a security company will be engaged to investigate the complaint of excessive noise or anti-social behaviour. This will incur a call out charge of $250 payable by the Guest(s) which will be debited from your credit card. After one warning for excessive noise or anti-social behaviour (includes using inappropriate and foul language ) or disturbance complaints by neighbours, the reservation will be terminated, Guest(s) will be evicted from the premises and you agree that the tariff applicable to the balance of this reservation will be forfeited to the Owner of the Property. Furthermore, the deposit/pre authorisation will be forfeited also.
After 10:00pm no noise is to be audible outside the property. This is to ensure peaceful enjoyment of their properties by all neighbours. Complaints made after business hours will incur a $150.00 fee per call to the guests ($300 on Public Holidays).
35. In the eventuality of any variation of booking conditions between us and an independent third party booking provider or wholesaler, the terms posted on the Website at g1holidays.com.au will apply.
36. Compliance: The G1 Property Mooloolaba – Holidays Website (excluding any linked third party sites) is controlled by the Agent in Queensland, Australia. By accessing this site, you accept that any disputes about this website or its contents are to be determined by the Courts having jurisdiction in Queensland in accordance with the laws of Queensland. This website may be accessed throughout Australia and overseas. The Agent and/or associated entities make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
Additional safety guidelines:
For your safety, if there are one or more balconies on the Premises please ensure that you, your guests and your invitees ensure that a maximum of four (4) people are allowed on a balcony at any one time; Do not climb, sit on, push or use strong force against the railings; Avoid any behaviour which may cause damage to the Premises, the balcony or its safety features; Avoid any behaviour that may cause a person to injure another person, themselves or cause someone or something to fall from the balcony; Do not go out on the balcony if you are under the influence of alcohol or drugs; If children or persons of concern will be visiting or staying at the Premises, ensure that they are supervised at all times when using the balcony. At all other times, we highly recommend that you lock the door/s providing access to the balcony.
Pool Area: Glass or glass products are not permitted in the pool area. This condition is to be strictly observed. Please ensure that children and persons of concern are supervised in the pool area and when using the pool. There is no running, jumping, ‘bombing’ or any other form of dangerous play permitted within any pool area. Where times of pool use are not displayed the times are 7.00am to 9.30pm Monday to Sunday.
Additional actions that may result in eviction
G1 Holidays, or its appointed security provider reserve the right to immediately evict any guest, visitor or member of the public for the following (but not limited to) reasons:-
Intoxication and/or unsavoury/lewd behaviour;
Throwing objects off any balcony or Premises;
Spitting or vomiting over the balconies;
Wilful damage to the Premises or to surrounding property;
Physical or verbal abuse/assault of our staff, other guests, residents, members of the public on or around the Premises;
Any behaviour deemed as a potential safety threat to others;
Any breach of these Terms and Conditions including alcohol or party policy;
Any incident for which our appointed security contractor or police are required to attend.
The properties listed on the Website are independently operated and managed. They are neither managed by, nor associated with, the resident building (on-site resort) manager (‘Building Manager’). The Building Manager has no responsibility for the Premises, and is not responsible for your booking or stay. This includes issues relating to check-in, check-out, cleaning, maintenance and parking. For any such issues, please contact us at 07 5444 6633 during the following nominated business hours;
For emergencies outside the above nominated business hours, call the G1 Holidays After-Hours number M: 0439 670 850, leave a message and we will return to you in a timely manner. Please note a call out charge will apply outside our nominated business hours for non-urgent emergencies.
EMERGENCY REPAIR CLASSIFICATION:
The Property Occupations Act 2014, emergency repairs are:
• a burst water service or a serious water service leak
• a blocked or broken lavatory system
• a serious roof leak
• a gas leak
• a dangerous electrical fault
• flooding or serious flood damage
• serious storm, fire or impact damage
• a failure or breakdown of the gas, electricity or water supply to the premises
• a failure or breakdown of an essential service or appliance on premises for hot water, cooking or heating
• a fault or damage that makes the premises unsafe or insecure
• a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of premises, and
• a serious fault in a stair case, lift or other common area of premises that unduly inconveniences a tenant in gaining access to, or using, the premises.