Booking Contract
General
These terms and conditions (the “Booking Contract”) are between and shall bind the property owner or manager (“we”, “us” and “our”) and the holidaymaker(s) who book our property (the “Property”) through one of the available booking channels such as booking.com, Airbnb.com, villagestays.com.au and any other booking avenues that may be made available in the future including direct walk-in bookings (the “Website”). Each such booking is referred to in the Booking Contract as a “Booking”. References to “you” or “your” are references to the person making the booking and all members of the holiday party. Any Booking is subject to the Booking Contract. This Booking Contract and our confirmation email contain the entire agreement between us and you and forms the basis of your agreement with us so please read them carefully. Nothing in this Booking Contract affects your usual statutory rights. For the avoidance of doubt, you acknowledge and agree that the provider of the Property is us and not the website that facilitated the booking or reservation.
Making your Booking
There are two ways in which a Booking can be made by you. Either you can:
•book a Property with us by making the payment specified in the initial quote provided to you by us via the Website (the “Quote”) along with any additional booking fees or charges once we have accepted your booking request. The Booking shall be made and this Booking Contract shall be effective once the booking fee and full payment has been received by us and you have received an email confirming the Booking and including the Cancellation Policy (as defined below); or
•issue us with a booking request form via the Website (“Booking Request Form”) and pay the full payment for the Property as well as the booking fee. The Booking shall be made and this Booking Contract shall be effective when we have received the full amount payable for the Property as well as the booking fee. If the Quote or Booking Request Form requires that you make a payment in full, then you must pay the full amount for the Booking and the booking fee to us by the due date. You shall be required to pay the applicable damage deposit (the “Damage Deposit”), cleaning fee and/or any other fees (“Other Fees”) as set out in the email confirmation as part of your payment in full or your Balance payment (as applicable). You should carefully check the details of the Quote or Booking Request Form before making any payment to us regarding your Booking, as well as the confirmation email and inform us immediately of any errors or omissions.
Paying for your Booking
Where you have only paid the booking fee and an Initial Deposit, you are required to send to us your payment for the Balance and you may be required to pay the Damage Deposit and/or Other Fees within a certain period prior to the arrival date specified in the email confirmation (the “Arrival Date”). If you fail to make the balance payment due to us to us in full and on time we shall be entitled to treat your Booking as cancelled by you and the Cancellation Policy (as defined below) shall apply.
If you cancel or amend your Booking
If you need to cancel or amend your Booking you must write to us or email us as soon as possible. The link to your Booking page in the confirmation email may also enable you to submit a cancellation through the Website, however, you should contact us first before cancelling in this manner. A cancellation or amendment will not take effect until we receive confirmation from you. The cancellation policy described in your email confirmation (“Cancellation Policy”) applies to your Booking and we will refund any amounts due to you in accordance with the agreed Cancellation Policy. In the event that:
•any Balance required from you is not paid in accordance with the timeframes set out in the Cancellation Policy; or
•you do not arrive at the property within 24 hours of your arrival time without notifying us, then we shall be entitled to treat your Booking as being cancelled by you and the Cancellation Policy shall apply.
Any bookings that are cancelled within 7 days of the booking check-in date will not be entitled to a refund, depending on the property owners discretion.
Depending on the initial payment method a fee may be deducted from the refund. The fee shall not be higher than that charged by the financial institution processing the payment.
If we cancel or amend your Booking
We would not expect to have to make any changes to your Booking once it is agreed between you and us, but sometimes problems occur and we do have to make alterations or, very occasionally cancel Bookings. If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your Booking. If we cancel your Booking, we will refund you any fees you have already paid. However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance). If we cancel your booking after your arrival due to the behaviour of you or your guests, the house rules not being followed, illegal activity, additional or un-approved guests a refund will not be made.
The Property
You can arrive at the Property after the time specified by us on the Arrival Date for your holiday and you must leave by the time specified by us on the departure date we give you. We will let you know these times in writing in advance of your stay. If your arrival will be delayed, you must contact the person whose details are given on the booking confirmation email so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midnight on the day of the Arrival Date and you do not advise the contact of your anticipated late arrival we may treat the Booking as having been cancelled by you and we shall be under no obligation to refund you for fees already paid to us. Please see the Cancellation Policy for further details.
Your obligations
You agree to comply with the regulations set out in any verbal instructions or the property manual at the Property and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party. You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition. You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties. You agree to take all necessary steps to safeguard your personal property while at the Property. You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage). You cannot allow more people to stay in the Property than expressly authorised, nor can you significantly change the makeup of the party during your stay in the Property, nor can you take your pet into the Property unless permitted by us in writing in advance. If you do so, we can refuse to hand over the Property to you or can require you to leave it. We will treat any of these circumstances as a cancellation of the Booking by you and we shall be under no obligation to refund you for any fees already paid to us in those circumstances. Any refund will be at our sole discretion. You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with this Booking Contract.
Complaints
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible. It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence at the Property. If any complaint cannot be resolved during your holiday, you must write to us or email us with full details within 14 days of the end of your Booking. For the avoidance of doubt, you shall always contact us and not the website which processed your reservation if you have any complaint in relation to your Booking or the Property
Limit of Liability
Our maximum liability for losses you suffer as a result of us acting in breach of this Booking Contract is strictly limited to the amounts received by us in relation to your Booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this Booking Contract. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us. Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you. For the avoidance of doubt, We shall not be liable to you or responsible for:
•any issue between you and us regarding the Booking;
•any failure in relation to any payments due to the failure of a payment solution provided by a third party; and
•the rejection of any payment of yours by a third-party payment solution provider. This does not exclude or limit in any way our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
Law and Jurisdiction
This Booking Contract (including any non-contractual obligations arising under or in relation to this Booking Contract) between you and us is governed by the law of New South Wales and Australia and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the Courts or Tribunals of New South Wales.
Miscellaneous
You may not transfer your Booking or any rights and responsibilities under this Booking Contract to any other person, without our prior written consent. If at any time any part of this Booking Contract is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission. This Booking Contract, together with the Cancellation Policy and our confirmation email contain the entire agreement between us and you relating to the Booking and shall supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this Booking Contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Booking Contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Booking Contract. We will not be in breach of this Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, flood, fire, explosion or accident.
