Definitions and interpretation:

In this Agreement:

 

Balance means the amount of Hire remaining to be paid after the Deposit has been paid;

Deposit means 50% of the Hire;

Equipment means all tractors, trailers, bikes, sports or leisure equipment, spa, kitchen appliances, household appliances, furniture and other goods on the Property;

Guest means any person coming onto or entering the Property or Premises at the invitation or with the permission of the Hirer;

Hire means the rental hire payable in respect of the Hire Period as notified to the Hirer by the Operator at the time the booking is made;

Hire Period means the period for which the Hirer is to hire the Property;

Hirer means the person specified as such at the time of booking;

Operator means DC and RC Kane Pty Limited ACN

Owner means David and Margaret Kingsford

Premises means the residential dwelling and all other permanent structures on the Property;

Property means the property known as “Tanjenong” located at 6875 Taralga Road, Curraweela, New South Wales;

Security Bond means $600.00; and

Terms means these terms and conditions.

 

By agreeing to stay at TANJENONG COTTAGES, YOU (the HIRER) accepts the following Terms and conditions:

 

When the Operator receives in cleared funds the Deposit from the Hirer, a contract will come into existence between the Operator (and, to the extent set out in these Terms, the Owner) and the Hirer on these Terms.

 

  1. The Hire

(a)  The Hirer acknowledges that the Property, the Premises and all of the Equipment are owned by either the Owner or the Operator and nothing in these Terms creates or grants any interest on the part of the Hirer.  The Hirer and the Guests have a bare license to enter the Property and use the Premises and Equipment for the Hire Period and subject to these Terms. 

(b) The Hirer and the Guests may have access to the Property from 2pm on the first day of the Hire Period until no later than 11am on the final day of the Hire Period.  Late arrival and early departure will not entitle the Hirer to any reduction or rebate of Hire. 

(c) The Hirer warrants that he or she will not under any circumstances cause or permit respectively more than 10 persons in Koorakai, 6 persons in Blueslate Cottage, or 4 persons , including the Hirer, to be on the Property or in the Premises at any one time during the Hire Period.

(d)  On-site tanks provide the only source of drinking, bathing and washing water on the Property and the Hirer must ensure that all Guests take reasonable measures to use water efficiently and conservatively. 

(e) The Hire covers basic cleaning of the Premises after the Hire Period.  The Hirer undertakes that he or she and the Guests will take reasonable steps to leave the Property, Premises and Equipment in the same order and condition as at the commencement of the Hire Period.  The Hirer is responsible for removing all rubbish and recyclable material from the Property. 

(f) The lighting of fires outside the Premises is absolutely prohibited by law from 1 October to 31 March and for the duration of any declared total fire ban.  At all other times, outdoor fires may only be lit in the designated fire pit and must be kept under control and supervised at all times and properly extinguished. 

(g)  Keys to the Property, Premises and Equipment must be returned and dealt with in accordance with the instructions provided by the Operator.  A failure to comply with this requirement may result in a partial or full retention of the Security Bond to cover any locksmith fees. 

(h)  The Operator retains at all times full rights of access to the Property and the Premises for the purposes of inspection and maintenance.

(i)  If the Hirer or any Guest breaches these Terms or acts or behaves in a manner which in the opinion of the Operator may prejudicially affect the interests of the Operator or Owner the Operator may without notice terminate the booking and recover possession of the Property, Premises and Equipment and retain all sums paid without prejudice to any subsisting or future rights of the Operator or Owner with respect to any breach or default.

 

  1. Payment

(a) The Hire payable is the amount advised by the Operator at the time of the booking. 

(b) A contract on these Terms is formed when the Operator receives the Deposit in cleared funds.

(c) Payment of the Deposit secures the booking on a provisional basis only, subject to payment of the Balance in accordance with these Terms. 

(d) The Balance and Security Bond must be received by the Operator in cleared funds not later than 7 days prior to the first day of the Hire Period.

(e) If the Balance and Security Bond are not received in cleared funds by the Operator at the time specified above, the booking will be cancelled and the Operator will be entitled to retain the whole of the Deposit.

(f) If the Hirer cancels the booking later than 60 days before the first day of the Hire Period, the Operator will be entitled to retain the whole of the Deposit. 

(g) The Hirer acknowledges that in the event of a failure to pay the Balance in accordance with clause 2(d), or a cancellation under clause 2(f), the Operator will suffer loss, and that the amount of the Deposit is a reasonable pre-estimate by the parties of the Operator’s loss.  The Hirer undertakes that no action will be taken by it to challenge this characterization of the retained Deposit. 

(h) If the booking is cancelled by the Hirer earlier than 60 days before the first day of the Hire Period, the Deposit will be refunded by the Operator in full. 

(i) To the extent that the Security Bond is not required to reimburse or indemnify the Operator in accordance with these Terms, it will be refunded to the Hirer by the Operator within 14 days of the end of the Hire Period.

 

  1. Liability and indemnity

(a) To the full extent permitted by law the Operator and Owner expressly exclude any representation or warranty in relation to the condition, suitability or fitness for purpose of the Property, Premises and Equipment.

Neither the Owner nor the Operator will be liable under any circumstances for any loss, damage, death or injury including any direct, indirect, special, economic or consequential loss or damage suffered by the Hirer or any Guest whether arising from breach of these terms, negligence of any other cause whatsoever.               (b) The Hirer and each Guest releases the Owner and Operator from any liability or claim,  and indemnify the Owner and Operator in respect of any claims made by third parties, arising from the occupation or use of the Property, Premises or Equipment.

(c) The Hirer and each Guest acknowledge and accept all of the risks associated with, and acknowledge sole responsibility for, any activity undertaken by the Hirer or any Guest on the Property including, but not limited to, bushwalking, mountain-biking and interaction, intended or accidental, with any animals on the property, whether wild or domesticated. The Hirer and each guest releases and forever discharges the Owner and the Operator from any and all claims, suits, demands, expenses, costs, damages or proceedings of any nature whatsoever arising from any loss, damage, death or injury including any direct, indirect, special, economic or consequential loss or damage suffered by the Hirer or any Guest or any other person as a result of any activity undertaken by the Hirer or any Guest on the property.

(d) The Hirer is liable to and must indemnify the Owner and Operator for any loss or damage to the Property, the Premises or the Equipment including any financial or economic loss arising from physical loss of or damage to property.

(e) The Operator is entitled to apply all or any part of the Security Bond in part or total satisfaction of any obligation of the Hirer or Guests under these Terms.

(f)  Nothing in these Terms is intended to exclude, modify or diminish the operation of any warranty, term or other protection which cannot as a matter of law be excluded (Statutory Warranty). The liability of the Owner and Operator for a breach of any Statutory Warranty will be limited to the cost of providing again the goods and services the subject of these terms.

 

  1. Pets

(a) The Hirer and Guests may bring pets to the Property subject to these Terms. Native wildlife comes onto the Property, often close to the Premises, and must be kept safe from interference by domestic pets.

(b) During the day, Pets must be under control at all times, either on or off leash depending on the pet’s training and obedience.

(c) At night pets must be either kept inside or restrained outside and must not be left unattended at any time.

(d) Pet droppings must be cleaned up at all times and disposed of.

(e) The Hirer must indemnify the Operator and the Owner in respect of any loss, damage, claim or liability of whatsoever nature that may arise wholly or partly from the bringing of pets onto the Property or into the Premises by the Hirer or any Guest.

(f) Neither the Operator nor the Owner will be liable for any loss, death, illness, injury or accidents of any kind occurring to pets while on the Property.

 

  1. Operator as agent for Owner

Wherever these Terms give a right or entitlement to the Owner or create an obligation to the Owner on the part of the Hirer, the Operator enters into these Terms as agent for the Owner as well as on its own behalf.

 

  1. Hirer as agent for Guests

Wherever these Terms impose an obligation on the Hirer or create a right on the part of the Owner or Operator as against the Hirer, the Hirer enters into these Terms as agent for each Guest as well as on its own behalf. The Hirer warrants to the Owner and Operator that he or she is fully authorised by each Guest to enter into these Terms on the Guest’s behalf.

 

  1. Nature of obligations

Any provision in these Terms which binds more than one person binds all of those persons jointly and each of them severally.

 

  1. Time of the essence

In these Terms, time is of the essence unless otherwise stipulated.

 

  1. Entire understanding

These Terms contains the entire understanding between the parties concerning the subject matter of the Agreement and supersedes, terminates and replaces all prior agreements and communications between the parties.

 

  1. No waiver

(a) A failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on the party by this Agreement does not operate as a waiver of the power or right.

(b) A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under this Agreement.

(c) A waiver of a breach does not operate as a waiver of any other breach.

 

  1. Severability

Any provision of this Agreement which is invalid in any jurisdiction must, in relation to that jurisdiction:

(a) be read down to the minimum extent necessary to achieve its validity, if applicable; and

(b) be severed from this Agreement in any other case,

without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.

 

  1. No assignment

The Hirer cannot assign or otherwise transfer the benefit of these Terms without the prior written consent of the Operator.

 

  1. No variation

These Terms cannot be amended or varied except in writing signed by the parties.

 

  1. Operation of indemnities

Unless these Terms expressly provides otherwise:

(a) each indemnity survives the expiry or termination of the Hire Period; and

(b) a party may recover a payment under an indemnity before it makes the payment in respect of which the indemnity is given.

 

  1. Interpretation

In these Terms unless the context requires otherwise:

(a) the singular includes the plural and vice versa;

(b) a gender includes the other genders;

(c) the headings are used for convenience only and do not affect the interpretation of this Agreement;

(d) other grammatical forms of defined words or expressions have corresponding meanings;

(e) a reference to a document includes the document as modified from time to time and any document replacing it;

(f)  a reference to a party is to a party to this Agreement and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;

(g) if something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day;

(h) the word “person” includes a natural person,partnership, body corporate, association, governmental or local authority, agency and any body or entity whether incorporated or not;

(i)  the word “month” means calendar month and the word “year” means 12 months;

(j)  the words “in writing” include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient;

(k) a reference to a thing includes a part of that thing;

(l)  a reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-enacted or replaced from time to time;

(m) wherever “include”, “for example” or any form of those words or similar expressions is used, it must be construed as if it were followed by “(without being limited to)”;

(n) money amounts are stated in Australian currency unless otherwise specified;

(o) a reference to time is to Sydney, Australia time;

(p) a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), means the agency or body which performs most closely the functions of the defunct body;

(q) any agreement, representation, warranty or indemnity in favour of two or more parties (whether those parties are included in the same defined term or not) is for the benefit of them jointly and severally; and

(r)  any agreement, representation, warranty or indemnity by two or more parties (whether those parties are included in the same defined term or not)  binds them jointly and severally.